What was the outcome of Tenancy Tribunal case 5108454?

The tribunal order states: The tenant Chanel Mary Kathleen Tipene must grant access to the landlord

How much money was awarded in case 5108454?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5108454?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5108454?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11314553-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5108454?

The tribunal order states: The tenant Chanel Mary Kathleen Tipene must grant access to the landlord

How much money was awarded in case 5108454?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5108454?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5108454?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11314553-Tenancy_Tribunal_Order.pdf.

118 Keri Vista Rise, Papakura, Papakura 2110 Tenancy Tribunal Case 5108454 — 14-day notice

Order

The tenant Chanel Mary Kathleen Tipene 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 11am and 1pm on Wednesday 22 January 2025.
If the tenant refuses to allow the landlord access as set out in order 1 above, the tenancy of Chanel Mary Kathleen Tipene at 118 Keri Vista Rise, Papakura, Papakura 2110 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 5pm on Thursday 23 January 2025.

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.
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, 17 June 2024, 2 October 2024, 3 October 2024 and 21 October 2024 to complete an inspection, but they have not been able to get access.
On 13 December 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 previous 14-day breach notices, including the Order of the Tribunal dated 23 September 2024, for access being unremedied, the landlord is prepared to give one more opportunity to the tenant to provide access failing which the landlord seeks an order for the tenancy to be terminated.
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 11am and 1pm on Wednesday 22 January 2025.
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 again urge the tenant to allow the landlord access to the property.
On this occasion, the landlord seeks a conditional order to terminate the tenancy under section 56(1) RTA if access if still not granted next week.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
For the above reasons, I am satisfied that it would be inequitable to refuse to terminate the tenancy because of the persistent refusal by the tenant to grant access to the state housing landlord since August 2023 to date.
I therefore grant a conditional order for termination of the tenancy as set out above.

Order

The tenant Chanel Mary Kathleen Tipene 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 11am and 1pm on Wednesday 22 January 2025.
If the tenant refuses to allow the landlord access as set out in order 1 above, the tenancy of Chanel Mary Kathleen Tipene at 118 Keri Vista Rise, Papakura, Papakura 2110 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 5pm on Thursday 23 January 2025.

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.
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, 17 June 2024, 2 October 2024, 3 October 2024 and 21 October 2024 to complete an inspection, but they have not been able to get access.
On 13 December 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 previous 14-day breach notices, including the Order of the Tribunal dated 23 September 2024, for access being unremedied, the landlord is prepared to give one more opportunity to the tenant to provide access failing which the landlord seeks an order for the tenancy to be terminated.
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 11am and 1pm on Wednesday 22 January 2025.
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 again urge the tenant to allow the landlord access to the property.
On this occasion, the landlord seeks a conditional order to terminate the tenancy under section 56(1) RTA if access if still not granted next week.

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
For the above reasons, I am satisfied that it would be inequitable to refuse to terminate the tenancy because of the persistent refusal by the tenant to grant access to the state housing landlord since August 2023 to date.
I therefore grant a conditional order for termination of the tenancy as set out above.

Tenancy Tribunal case 5108454 — 14-day notice at 118 Keri Vista Rise, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 5108454 — 14-day notice at 118 Keri Vista Rise, Papakura, Papakura 2110

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions