What was Tenancy Tribunal case 5453908 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5453908?

Cleaning: $1,011.32 awarded to landlord; Lawns and Garden Work: $250.00 awarded to landlord; Rubbish Removal: $1,254.75 awarded to landlord; Rubbish Removal: $910.00 awarded to landlord

What type of tenancy dispute was case 5453908?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5453908?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13849487-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5453908 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5453908?

Cleaning: $1,011.32 awarded to landlord; Lawns and Garden Work: $250.00 awarded to landlord; Rubbish Removal: $1,254.75 awarded to landlord; Rubbish Removal: $910.00 awarded to landlord

What type of tenancy dispute was case 5453908?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5453908?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13849487-Tenancy_Tribunal_Order.pdf.

17A McKinnon Crescent, Otangarei, Whangarei 0112 Tenancy Tribunal Case 5453908 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5453908 — net $3,230.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal: Internal	$910.00	Rubbish removal: Internal
Rubbish removal: external	$1,254.75	Rubbish removal: external
Cleaning	$1,011.32	The claim for cleaning, including the costs, is proven.
Lawns and Garden work	$250.00	Lawns and Garden work
Net award	$3,230.07
Total payable by Tenant to Landlord	$3,230.07

Ms Davies, representing the landlord, attended the hearing which was held remotely. The tenant did not access the hearing by the telephone or video link provided. The tenant was called on the number provided on the application but that call was not responded to. A second number was provided by the landlord and was called twice, both calls went to voice mail.

The landlord has applied for compensation and refund of the bond following the end of the tenancy. The landlord waived its right to reimbursement of the filing fee.

The tenancy commenced on 2 December 2015 and ended on 12 January 2026. Rent was $78.00 a week.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA). .

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The landlord claimed $1,645.09 for removal of rubbish from inside the premises on the basis that there was 10m³ of rubbish at $142.79/m³ plus gst. Having considered the landlord’s photographs I am not convinced that there was 10m³ of rubbish to be removed. I find it is more likely that there was 8-9m³of rubbish. I find $910.00 is a reasonable cost to remove the rubbish on the basis that a 9m³ skip bin delivered to the address would cost around $496.00, plus labour costs of around $414.00 ( 2 people working for a total of 8 hours at $45.00/hr + gst).

I am satisfied that there was significant rubbish on the exterior of the property and that the costs claimed ($1,254.75) are proven.

The claim for cleaning, including the costs, is proven.

The landlord claims $1,200 for slashing the lawns. The landlord’s photographs show the lawns are very long and need to be slashed before they can be mown. Homes.co.nz’s website records the property is 503m².

The landlord served 3 breach notices on the tenant relating to the need to mow the lawns. The notices were issued in November 2024, February 2025 and May 2025. The tenancy ended on 12 January 2026.

I have considered whether the tenant should pay the full amount claimed for slashing the lawns so that they could be mown. The tenant should not be liable for the full amount claimed as this matter should have come to the Tribunal much sooner than now. From at least November 2024 the landlord had identified the tenant was not meeting his obligations under the tenancy agreement as he had failed to keep the lawns in a reasonable state.

Instead the lawns have continued to grow and the landlord appears to have taken no action other than issuing 14 day notices to remedy. I have considered that tenant advised in May 2025 that he had someone who was going to do the lawns for him, however I am not satisfied they were mown at that time given how long they are in photographs taken at the end of the tenancy. In my view the lawns have not been mown since at least November 2024.

I consider the landlord has not mitigated, or reduced, its loss and that it reasonable to make an award for $250.00. In my view this cost would allow for several cuts of a reasonably long lawn, as well as edge trimming and is the reasonable cost that would have been incurred had the landlord taken action when it should sometime soon after November 2024 at the latest.

In allowing the lawns to continue to grow to the length they became has resulted in a significant fire hazard and a real risk of attracting vermin. This poses not only risks to the tenant but also to the neighbouring properties.

Claims and awards in Tenancy Tribunal application 5453908 — net $3,230.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal: Internal	$910.00	Rubbish removal: Internal
Rubbish removal: external	$1,254.75	Rubbish removal: external
Cleaning	$1,011.32	The claim for cleaning, including the costs, is proven.
Lawns and Garden work	$250.00	Lawns and Garden work
Net award	$3,230.07
Total payable by Tenant to Landlord	$3,230.07

Order

[The tenant/s] must pay Kāinga Ora–Homes And Communities $3,230.07 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $196.00 (3006925-007) to Kāinga Ora– Homes And Communities immediately.

Reasons

Ms Davies, representing the landlord, attended the hearing which was held remotely. The tenant did not access the hearing by the telephone or video link provided. The tenant was called on the number provided on the application but that call was not responded to. A second number was provided by the landlord and was called twice, both calls went to voice mail.
The landlord has applied for compensation and refund of the bond following the end of the tenancy. The landlord waived its right to reimbursement of the filing fee.
The tenancy commenced on 2 December 2015 and ended on 12 January 2026. Rent was $78.00 a week.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA). .
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord claimed $1,645.09 for removal of rubbish from inside the premises on the basis that there was 10m³ of rubbish at $142.79/m³ plus gst. Having considered the landlord’s photographs I am not convinced that there was 10m³ of rubbish to be removed. I find it is more likely that there was 8-9m³of rubbish. I find $910.00 is a reasonable cost to remove the rubbish on the basis that a 9m³ skip bin delivered to the address would cost around $496.00, plus labour costs of around $414.00 ( 2 people working for a total of 8 hours at $45.00/hr + gst).
I am satisfied that there was significant rubbish on the exterior of the property and that the costs claimed ($1,254.75) are proven.
The claim for cleaning, including the costs, is proven.
The landlord claims $1,200 for slashing the lawns. The landlord’s photographs show the lawns are very long and need to be slashed before they can be mown. Homes.co.nz’s website records the property is 503m².
The landlord served 3 breach notices on the tenant relating to the need to mow the lawns. The notices were issued in November 2024, February 2025 and May 2025. The tenancy ended on 12 January 2026.
I have considered whether the tenant should pay the full amount claimed for slashing the lawns so that they could be mown. The tenant should not be liable for the full amount claimed as this matter should have come to the Tribunal much sooner than now. From at least November 2024 the landlord had identified the tenant was not meeting his obligations under the tenancy agreement as he had failed to keep the lawns in a reasonable state.
Instead the lawns have continued to grow and the landlord appears to have taken no action other than issuing 14 day notices to remedy. I have considered that tenant advised in May 2025 that he had someone who was going to do the lawns for him, however I am not satisfied they were mown at that time given how long they are in photographs taken at the end of the tenancy. In my view the lawns have not been mown since at least November 2024.
I consider the landlord has not mitigated, or reduced, its loss and that it reasonable to make an award for $250.00. In my view this cost would allow for several cuts of a reasonably long lawn, as well as edge trimming and is the reasonable cost that would have been incurred had the landlord taken action when it should sometime soon after November 2024 at the latest.
In allowing the lawns to continue to grow to the length they became has resulted in a significant fire hazard and a real risk of attracting vermin. This poses not only risks to the tenant but also to the neighbouring properties.

Tenancy Tribunal case 5453908 — Cleanliness at 17A McKinnon Crescent, Otangarei, Whangarei 0112

At a glance

Tenancy Tribunal case 5453908 — Cleanliness at 17A McKinnon Crescent, Otangarei, Whangarei 0112

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions