What was the outcome of Tenancy Tribunal case 5115788?

The tribunal order states: Jonothon Laird must allow Kāinga Ora access to the property at 9:30am on 10

How much money was awarded in case 5115788?

Property Damage: $1,500.00 awarded to landlord

What type of tenancy dispute was case 5115788?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5115788?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11349925-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5115788?

The tribunal order states: Jonothon Laird must allow Kāinga Ora access to the property at 9:30am on 10

How much money was awarded in case 5115788?

Property Damage: $1,500.00 awarded to landlord

What type of tenancy dispute was case 5115788?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5115788?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11349925-Tenancy_Tribunal_Order.pdf.

24 Levant Street, Cannons Creek, Porirua 5024 Tenancy Tribunal Case 5115788 — Exemplary damages

Order

Claims and awards in Tenancy Tribunal application 5115788. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
he tenant fails to allow access on either occasion, the landlord may request an order for the tenant to pay exemplary da	$1,500.00		he tenant fails to allow access on either occasion, the landlord may request an order for the tenant to pay exemplary da

Jonothon Laird must allow Kāinga Ora access to the property at 9:30am on 10 February 2025 for the purposes of conducting a scope of works for repairs and maintenance. This order serves as notice of the inspection.

Jonothon Laird must also allow Kāinga Ora access to the property to carry out repairs and maintenance following the inspection.

If the tenant fails to allow access on either occasion, the landlord may request an order for the tenant to pay exemplary damages of up to $1,500.00.

Reasons

The landlord attended the hearing. There was no appearance by the tenant.

Kāinga Ora has applied to the Tribunal for an order for: (a) access to inspect the property for an up to date assessment of necessary repairs and (b) access for the repair work to be carried out.

Is the tenant required to give access to the premises?

Section 48(2) of the Residential Tenancies Act 1986 (the Act) provides that the landlord may enter the premises for the purpose of carrying out necessary repairs or necessary maintenance or for inspecting the premises, after giving the tenant the required notice (at least 24 hours’ notice for repairs or 48 hours for inspections) or with the tenant’s consent given immediately before the time of entry. If the appropriate notice is given, the tenant’s consent to the access is not required.

The landlord has claimed that the tenant is not allowing access to the property for the essential maintenance work that needs to be done. This is not the first time that the landlord has asked the Tribunal to assist with access to Mr Laird’s premises. The landlord provided evidence of a previous Tribunal hearing. On 22 May 2024 the Tribunal ordered access for a Healthy Homes Standards assessment because the tenant had refused access.

The landlord has provided an inspection report carried out in August 2024. It shows that there are serious problems with the condition of the premises. The landlord stated that many attempts have been made to gain access to complete the work have failed due to the tenant’s continued refusal to allow access to trade staff. The landlord’s chronology of attempts to enter the premises is as follows. “On 24 October last year the tenant agreed for trade staff to attend and scope the works on 5 November 2024. Despite agreement and reminders when trades turned up at the pre agreed time the house was locked up. A further visit was attempted 11 November. The tenant opened the door and promptly shut it in the face of those in attendance. On 13 November Kāinga Ora employees and trade staff attended the property to scope for the work. The tenant initially allowed access but denied access as the trades were entering the property. The tenant slammed the door behind the work party. We need to be able to access the property to allow us to complete critical maintenance work.”

This conduct by the tenant is a breach of obligations in section 48(2) of the Act. Failure by a tenant, without reasonable excuse, to allow the landlord access as permitted by section 48(2) is an unlawful act for which exemplary damages up to a maximum of $1,500.00 maybe payable. It is also a breach that, in certain circumstances, may entitle the landlord to an order terminating the tenancy. Jonothon Laird must allow the landlord access to inspect the property.

I have made an access order. This order shall constitute the landlord’s notice as required by section 48(2)(b) of the Act.

Claims and awards in Tenancy Tribunal application 5115788. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
he tenant fails to allow access on either occasion, the landlord may request an order for the tenant to pay exemplary da	$1,500.00		he tenant fails to allow access on either occasion, the landlord may request an order for the tenant to pay exemplary da

Order

Jonothon Laird must allow Kāinga Ora access to the property at 9:30am on 10 February 2025 for the purposes of conducting a scope of works for repairs and maintenance. This order serves as notice of the inspection.
Jonothon Laird must also allow Kāinga Ora access to the property to carry out repairs and maintenance following the inspection.
If the tenant fails to allow access on either occasion, the landlord may request an order for the tenant to pay exemplary damages of up to $1,500.00.

Reasons

The landlord attended the hearing. There was no appearance by the tenant.
Kāinga Ora has applied to the Tribunal for an order for: (a) access to inspect the property for an up to date assessment of necessary repairs and (b) access for the repair work to be carried out.

Is the tenant required to give access to the premises?

Section 48(2) of the Residential Tenancies Act 1986 (the Act) provides that the landlord may enter the premises for the purpose of carrying out necessary repairs or necessary maintenance or for inspecting the premises, after giving the tenant the required notice (at least 24 hours’ notice for repairs or 48 hours for inspections) or with the tenant’s consent given immediately before the time of entry. If the appropriate notice is given, the tenant’s consent to the access is not required.
The landlord has claimed that the tenant is not allowing access to the property for the essential maintenance work that needs to be done. This is not the first time that the landlord has asked the Tribunal to assist with access to Mr Laird’s premises. The landlord provided evidence of a previous Tribunal hearing. On 22 May 2024 the Tribunal ordered access for a Healthy Homes Standards assessment because the tenant had refused access.
The landlord has provided an inspection report carried out in August 2024. It shows that there are serious problems with the condition of the premises. The landlord stated that many attempts have been made to gain access to complete the work have failed due to the tenant’s continued refusal to allow access to trade staff. The landlord’s chronology of attempts to enter the premises is as follows. “On 24 October last year the tenant agreed for trade staff to attend and scope the works on 5 November 2024. Despite agreement and reminders when trades turned up at the pre agreed time the house was locked up. A further visit was attempted 11 November. The tenant opened the door and promptly shut it in the face of those in attendance. On 13 November Kāinga Ora employees and trade staff attended the property to scope for the work. The tenant initially allowed access but denied access as the trades were entering the property. The tenant slammed the door behind the work party. We need to be able to access the property to allow us to complete critical maintenance work.”
This conduct by the tenant is a breach of obligations in section 48(2) of the Act. Failure by a tenant, without reasonable excuse, to allow the landlord access as permitted by section 48(2) is an unlawful act for which exemplary damages up to a maximum of $1,500.00 maybe payable. It is also a breach that, in certain circumstances, may entitle the landlord to an order terminating the tenancy. Jonothon Laird must allow the landlord access to inspect the property.
I have made an access order. This order shall constitute the landlord’s notice as required by section 48(2)(b) of the Act.

Tenancy Tribunal case 5115788 — Exemplary damages at 24 Levant Street, Cannons Creek, Porirua 5024

At a glance

Tenancy Tribunal case 5115788 — Exemplary damages at 24 Levant Street, Cannons Creek, Porirua 5024

At a glance

Claims & awards

Order

Reasons

Is the tenant required to give access to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Is the tenant required to give access to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions