What was Tenancy Tribunal case 4936256 about?

The tribunal order states: The tenant [The tenant/s] must grant access to the landlord Kāinga

How much money was awarded in case 4936256?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4936256?

The primary dispute was 14-day notice. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4936256?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10863258-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4936256 about?

The tribunal order states: The tenant [The tenant/s] must grant access to the landlord Kāinga

How much money was awarded in case 4936256?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4936256?

The primary dispute was 14-day notice. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4936256?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10863258-Tenancy_Tribunal_Order.pdf.

118 Keri Vista Rise, Papakura, Papakura 2110 Tenancy Tribunal Case 4936256 — 14-day notice

Reasons

Only the landlord attended the hearing of the landlord’s application for access to be given for the purposes of conducting a property inspection. Calls to the tenant went unanswered.

The landlord claims that the tenant has refused to allow the landlord to inspect the premises. The landlord wants to inspect the premises to ascertain if there are any maintenance issues requiring attention and to view the state and condition of the premises.

The landlord tried to visit the premises on 1 August 2023, 29 August 2023, 7 September 2023, 14 September 2023, 21 September 2023, 26 September 2023, 13 June 2024 and 17 June 2024 to complete an inspection, but they have not been able to get access.

On 17 June 2024, the landlord gave the tenant 14 days’ notice to remedy the breach under section 56(1) of the Residential Tenancies Act 1986.

Under section 48(2)(b) Residential Tenancies Act 1986 (‘RTA’), a landlord is entitled to enter the premises for the purpose of inspecting the premises, at any time between 8 o’clock in the morning and 7 o’clock in the evening on a day specified in a notice given to the tenant not less than 48 hours nor more than 14 days before the intended entry, and not more frequently than once in any period of 4 weeks.

Section 48(4)(b) RTA provides that failure by the tenant, without reasonable excuse, to allow the landlord to enter upon the premises in any circumstances in which the landlord is entitled to enter under subsection (2) is an unlawful act.

No reasonable excuse has been given by the tenant for denying the landlord’s access to the premises under section 48(2)(b) RTA.

Notwithstanding the landlord’s 14-day breach notice being unremedied, the landlord is presently only seeking a Tribunal order for access to be granted.

Where the Tribunal finds the tenant has failed to comply with their obligations, including to allow the landlord access to the premises for the purposes of conducting property inspections, the Tribunal may order the tenant to do anything necessary to remedy the breach by that party of any express or implied provision of the tenancy agreement or any provision of the RTA, or to do anything that that party is required to do by any such provision. See section 77(2)(l) Residential Tenancies Act 1986.

I therefore order the tenant to comply with section 48(2)(b) RTA and direct the tenant to give access to the landlord accordingly.

Notice is hereby given that the landlord will be inspecting the premises at 118 Keri Vista Rise, Papakura between 10am and 12pm on Wednesday 2 October 2024.

For the avoidance of doubt, this order constitutes the required notice by the landlord under section 48(2)(b) RTA for the inspection to take place at that date and time.

I urge the tenant to allow the landlord access to the property as failure to do so may result in severe repercussions, including an award of exemplary damages (if sought by the landlord in future) and/or an application by the landlord to terminate the tenancy under section 56(1) RTA (if sought by the landlord).

Order

The tenant [The tenant/s] must grant access to the landlord Kāinga Ora–Homes and Communities and allow the landlord to inspect the premises at 118 Keri Vista Rise, Papakura between 10am and 12pm on Wednesday 2 October 2024.

Reasons

Only the landlord attended the hearing of the landlord’s application for access to be given for the purposes of conducting a property inspection. Calls to the tenant went unanswered.
The landlord claims that the tenant has refused to allow the landlord to inspect the premises. The landlord wants to inspect the premises to ascertain if there are any maintenance issues requiring attention and to view the state and condition of the premises.
The landlord tried to visit the premises on 1 August 2023, 29 August 2023, 7 September 2023, 14 September 2023, 21 September 2023, 26 September 2023, 13 June 2024 and 17 June 2024 to complete an inspection, but they have not been able to get access.
On 17 June 2024, the landlord gave the tenant 14 days’ notice to remedy the breach under section 56(1) of the Residential Tenancies Act 1986.
Under section 48(2)(b) Residential Tenancies Act 1986 (‘RTA’), a landlord is entitled to enter the premises for the purpose of inspecting the premises, at any time between 8 o’clock in the morning and 7 o’clock in the evening on a day specified in a notice given to the tenant not less than 48 hours nor more than 14 days before the intended entry, and not more frequently than once in any period of 4 weeks.
Section 48(4)(b) RTA provides that failure by the tenant, without reasonable excuse, to allow the landlord to enter upon the premises in any circumstances in which the landlord is entitled to enter under subsection (2) is an unlawful act.
No reasonable excuse has been given by the tenant for denying the landlord’s access to the premises under section 48(2)(b) RTA.
Notwithstanding the landlord’s 14-day breach notice being unremedied, the landlord is presently only seeking a Tribunal order for access to be granted.
Where the Tribunal finds the tenant has failed to comply with their obligations, including to allow the landlord access to the premises for the purposes of conducting property inspections, the Tribunal may order the tenant to do anything necessary to remedy the breach by that party of any express or implied provision of the tenancy agreement or any provision of the RTA, or to do anything that that party is required to do by any such provision. See section 77(2)(l) Residential Tenancies Act 1986.
I therefore order the tenant to comply with section 48(2)(b) RTA and direct the tenant to give access to the landlord accordingly.
Notice is hereby given that the landlord will be inspecting the premises at 118 Keri Vista Rise, Papakura between 10am and 12pm on Wednesday 2 October 2024.
For the avoidance of doubt, this order constitutes the required notice by the landlord under section 48(2)(b) RTA for the inspection to take place at that date and time.
I urge the tenant to allow the landlord access to the property as failure to do so may result in severe repercussions, including an award of exemplary damages (if sought by the landlord in future) and/or an application by the landlord to terminate the tenancy under section 56(1) RTA (if sought by the landlord).

Tenancy Tribunal case 4936256 — 14-day notice at 118 Keri Vista Rise, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 4936256 — 14-day notice at 118 Keri Vista Rise, Papakura, Papakura 2110

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions