Tenantcheck Insights · Case study
Tenancy Tribunal case 5478473 — State of repair
Decided 9 Jul 2026 · Published 9 Jul 2026 · Application 5478473
- State of repair
Party names are redacted in the official published order. This page summarises the dispute only — not individual identities.
At a glance
Key facts from the published tribunal order.
Adjudicator
J Setefano
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
- The tenant, [The tenant/s], must ensure the following work is carried out at the premises of [Tenancy address suppressed] by 5.00 pm on Tuesday, 2 June 2026: a. Remove all accumulated rubbish, including furniture, timber, metal, machinery, and other stored items from the exterior of the property. b. Mow the lawns and trim all edges. c. Remove all green waste from the property. d. Restore the exterior of the property to a reasonably clean and reasonably tidy condition.
- The tenant must permit the landlord reasonable access after 2 June 2026, upon the giving of appropriate notice under section 48 of the Residential Tenancies Act 1986, for the purpose of inspecting the property and confirming compliance with this order.
- No further order is made regarding the swimming pool, as it has already been removed.
Reasons
- The hearing was held by video conference on 14 May 2026. Both parties attended. Background
- This tenancy commenced on 17 March 2011. The tenant is [The tenant/s] and the landlord is Kāinga Ora–Homes And Communities
- The weekly rent is $387 and a bond of $182 was paid.
- The landlord applied for a works order requiring the tenant to comply with her obligations under sections 40(1)(c) and 42 of the Residential Tenancies Act 1986 (the Act). The landlord alleged that the tenant had failed to keep the premises reasonably clean and reasonably tidy and had made a more than minor alteration to the property by installing a swimming pool without the landlord’s written consent.
- The landlord sought orders requiring the tenant to remove accumulated rubbish and stored items from the exterior of the property, mow the lawns and trim the edges, remove green waste, and remove the swimming pool. Relevant Law
- Section 40(1)(c) of the Act requires a tenant to keep the premises reasonably clean and reasonably tidy.
- This obligation is ongoing throughout the tenancy. The standard is one of reasonableness and does not require perfection, but tenants must maintain the premises to a level that an ordinary reasonable person would regard as acceptably clean and tidy.
- Section 42 of the Act provides that a tenant must not make any alteration or addition to the premises, other than a minor change permitted by law, without the landlord’s written consent.
- Under section 78 of the Act, the Tribunal may make a work order requiring a party to carry out specified work to remedy a breach of the Act or tenancy agreement. Analysis
- The landlord provided evidence of ongoing concerns regarding the condition of the exterior of the property. These concerns related to the accumulation of rubbish, furniture, timber, metal, machinery, overgrown lawns, and other items stored on the section.
- The landlord issued formal 14-day notices to remedy dated 16 June 2025, 18 December 2025, and 29 January 2026. The notices required the tenant to address the exterior condition of the property and, in the final notice, to remove the swimming pool or obtain the necessary approvals.
- The landlord said that despite repeated extensions of time and efforts to work cooperatively with the tenant, little progress had been made and Tribunal intervention was required.
- The landlord advised that the swimming pool had since been removed. Accordingly, no order is required under section 42 of the Act in relation to the pool.
- The landlord maintained its application for a works order requiring the tenant to clean up the section, remove accumulated rubbish and stored items, and mow the lawns and edges.
- I am satisfied that the tenant has breached section 40(1)(c) of the Act.
- The photographs, inspection records, and notices to remedy establish that there has been a significant accumulation of rubbish and other items on the exterior of the property, together with overgrown lawns and vegetation. The condition has persisted over an extended period despite repeated requests and several opportunities to remedy the issues.
- The tenant did not dispute the application and accepted that the property requires attention and agreed to undertake the necessary work. She confirmed that work was underway and agreed to complete all required tasks by 5.00 pm on Tuesday, 2 June 2026.
- The parties also agreed that the landlord may inspect the property after that date to verify compliance and that the tenant will permit access for that purpose.
- In those circumstances, it is appropriate to make a works order by consent.
- I am satisfied that the swimming pool has been removed. As the issue has been resolved, no further order is necessary under section 42 of the Act.
- The tenant is reminded that compliance with this order is mandatory.
- If the tenant does not complete the required work by the specified date and time, the landlord may file a further application seeking enforcement of this order and may also seek termination of the tenancy if the breach continues. Continued failure to maintain the premises in a reasonably clean and tidy condition may constitute grounds for further orders under the Act. Suppression order
- The landlord does not seek a suppression order.
- As this is essentially a consent order, it is therefore reasonable to suppress the tenant’s name and identifying details.