What was Tenancy Tribunal case 5126610 about?

The tribunal order states: FM is a tenant at the property, although not recorded on the Tenancy

How much money was awarded in case 5126610?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5126610?

The primary dispute was 14-day notice. Related themes: State of repair, Cleanliness, Exemplary damages.

Where can I read the official tribunal order for case 5126610?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11596104-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5126610 about?

The tribunal order states: FM is a tenant at the property, although not recorded on the Tenancy

How much money was awarded in case 5126610?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5126610?

The primary dispute was 14-day notice. Related themes: State of repair, Cleanliness, Exemplary damages.

Where can I read the official tribunal order for case 5126610?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11596104-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5126610 — 14-day notice

Tenantcheck Insights

Order

FM is a tenant at the property, although not recorded on the Tenancy Agreement.

The landlord may conduct inspections at any time between 2pm and 7pm on any weekday by giving notice that complies with section 48(2)(b)of the Residential Tenancies Act 1986 (RTA). The landlord is not required to give a time between 2pm and 7pm when giving notice of an inspection. No order is made restricting any agent of the landlord from conducting an inspection.

Regarding photographs taken by the landlord at inspections the Tribunal directs the following: a. The landlord as agent for the owner may take photographs of the premises during its routine property inspections for the purposes of recording the premises’ state of repair, tidiness, and cleanliness. b. In taking photographs, the landlord must take no more photographs than are necessary and must take reasonable steps to avoid capturing images of the tenants’ personal belongings or information about the tenants that are not necessary for the purposes mentioned. c. The photographs may be disclosed to the owner’s insurer if the insurer requests them for good reason. d. In taking photographs, storing them, disclosing them, or otherwise dealing with them, the landlord as agent for the owner must comply with the Information Privacy Principles set out in s 22 of the Privacy Act 2020.

The tenants must comply with the landlord’s notice to remedy the lawns and gardens by 31 March 2025. Failure to make the lawns and gardens reasonably tidy by that date will result in termination of the tenancy and possession to the landlord on that date. If there is dispute about the condition of the lawns and gardens on 31 March 2025 the landlord may apply to the Tribunal for a rehearing to determine if the tenants have complied with the requirements of section 40(1)(c) RTA.

Reasons

Both parties attended the hearing. The Tenants’ application

The tenants have applied for the Tribunal to order the landlord to provide set times for inspections, to only inspect the premises every three months, to prohibit one of the landlord’s agents from carrying out inspections and to not take photographs during the inspections. The tenants have also claimed that the landlord has breached their privacy by communicating about them with the neighbours.

Section 48(2)(b) provides for a landlord to carry out inspections between 8am and 7pm and does not require that a set time, within that period, be given to the tenant. Due to hours of work it is reasonable that the Tribunal confirms the landlord’s intention that inspections be after 2.00pm on any day.

The RTA allows inspections to be carried out once every 4 weeks. The request for an order for quarterly inspections is dismissed.

There is insufficient evidence for the Tribunal to make an order restricting the landlord’s agent from carrying out inspections. The tenant’s application regarding this is dismissed.

The parties have referred to the Privacy Act 2020 regarding photographs taken during inspections. The Office of the Privacy Commissioner provides advice for landlords and tenants about this issue on the Office’s website. It includes that:

Can a landlord or property manager take photos during inspection?

Yes, they can. Landlords and property managers have a lawful purpose to collect information about a rental property when they carry out a property inspection. The Privacy Act says an agency should only collect information for a lawful purpose and the collection of that information has to be necessary for that purpose. Taking photos is a useful way of documenting the state of a property in case a matter is disputed at a later date and it is common for photos to be used as part of the inspection report.

Where the property or the tenant is identifiable from the photos, landlords should be clear with the tenant about when the information can be collected and why (information privacy principle three). They should include this in the tenancy agreement and communicate this to the tenant right from the beginning. They also need to take care to store the images securely and only share the images for a purpose connected to the property inspection. When carrying out a flat inspection, you should collect no more information about the tenants than is necessary to assess how well they are caring for the property. When taking photos, you shouldn’t include people in the shots or focus on the occupants’ personal items unless those items contravene the tenancy agreement.

These directions apply, whatever form of photograph is taken at the inspection.

Regarding a breach of privacy by the landlord communicating with the neighbours, the tenants have provided is insufficient evidence to prove their allegation. The landlord stated that the neighbours have approached the landlord due to the condition of the lawns and gardens. Having seen photographs of the current state of the lawns and gardens, I find that to be more probable. The landlord’s application

The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.

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.

Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.

The tenant has breached their obligations by refusing access to the landlord for inspections and failing to rectify the lawns and gardens. These are breaches capable of remedy.

The landlord served a 14-day notice on the tenant on 28 January 2025, and the tenant did not remedy the breaches within the required period.

The lawns and gardens are seriously overgrown. The tenants are of section 40(1)(c) RTA which provides that tenants must keep the premises reasonably clean and reasonably tidy.

The tenants permitted an inspection before this hearing. The tenants are reminded that a landlord may enter the premises during the tenancy after giving the required notice for inspections. See section 48(2) Residential Tenancies Act 1986. Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 48 (4)(b) and Schedule 1A Residential Tenancies Act 1986.

I have considered whether it would be inequitable to refuse to terminate the tenancy. I am satisfied that termination of the tenancy is not appropriate at this time however would be if the tenants continue to be in breach. Therefore, a conditional order for termination is made. Filing Fee

Because both parties have been partly successful with their claims, no order regarding payment of the filing fee is made. Suppression

Both parties have applied for name suppression. The Tribunal may, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any party not be published. (s.95A(4).

It is appropriate in this case for suppression to be granted.

Order