Tenantcheck Insights · Case study
Tenancy Tribunal case 5397270 — 14-day notice at Unit/Flat 40, 88 Tuarangi Road, Grey Lynn, Auckland 1021
Decided 9 January 2026 · Published 9 January 2026 · Application 5397270
Mixed / unclear
- 14-day notice
At a glance
Key facts from the published tribunal order.
Outcome
Mixed / unclear
From published order
Location
Auckland
Tribunal region
Adjudicator
J Tam
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 Edward Jason Inia must grant access to the landlord Kāinga Ora– Homes and Communities and allow the landlord to inspect the premises at Unit/Flat 40, 88 Tuarangi Road, Grey Lynn, Auckland 1021 for the purpose of testing the premises for the presence of methamphetamine contaminants between 10am and 12pm on Friday 23 January 2026.
- If the tenant refuses to allow the landlord access or fails to allow methamphetamine testing to be undertaken as set out in order 1 above, the tenancy of Edward Jason Inia at Unit/Flat 40, 88 Tuarangi Road, Grey Lynn, Auckland 1021 will terminate, and possession will be granted to Kāinga Ora– Homes And Communities at 5pm on Monday 26 January 2026.
Reasons
- Only the landlord attended the hearing of the landlord’s application for access to be given for the purpose of testing the premises for the presence of methamphetamine contaminants.
- The landlord claims that the tenant has refused to allow the landlord to test the premises for the presence of methamphetamine contaminants.
- On 22 July 2025, the landlord requested the tenant to attend an in-office meeting to discuss the upcoming methamphetamine testing at the premises. The tenant did not attend the meeting.
- On 21 September 2025, the landlord provided notice to the tenant requesting access to the property on 25 September 2025 to carry out methamphetamine testing. The tenant was at home but declined entry due to a family bereavement/funeral.
- On 7 October 2025, the landlord served a section 56 breach notice for access.
- On 24 October 2025, the landlord’s agents attempted to gain access again to undertake methamphetamine testing. The tenant says he did not want to leave his property while the test was being completed to safeguard his possessions. Methamphetamine testing was aborted for that reason.
- The landlord has given the tenant a 14 days’ notice to remedy the breach (of not allowing access) under section 56(1) of the Residential Tenancies Act 1986.
- Under section 48(2)(ba) Residential Tenancies Act 1986 (‘RTA’), a landlord is entitled to enter the premises for the purpose of testing for the presence of contaminants, 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 notice for access being unremedied, the landlord is prepared to give one more opportunity to the tenant to provide access and allow the premises to be tested for contaminants 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)(ba) RTA and direct the tenant to give access to the landlord accordingly.
- Given the circumstances that transpired during the 24 October 2025 attempted testing of methamphetamine at the property, the landlord’s agent should facilitate testing of methamphetamine to be conducted with the tenant present and remaining on the property while testing is being undertaken. I understand that this is achievable by having sufficient manpower organised, or other additional health and safety measures being taken by the landlord’s agent.
- Notice is hereby given that the landlord will be inspecting the premises for the purpose of testing the premises for the presence of methamphetamine contaminants between 10am and 12pm on Friday 23 January 2026.
- For the avoidance of doubt, this order constitutes the required notice by the landlord under section 48(2)(ba) RTA for the inspection and testing for methamphetamine contaminants to take place at that date and time.
- I again urge the tenant to allow the landlord access to the property for the purpose of methamphetamine testing.
- On this occasion, the landlord seeks a conditional order to terminate the tenancy under section 56(1) RTA if access if still not granted in 14 days.
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 July 2025 to date.
- I therefore grant a conditional order for termination of the tenancy as set out above.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s14, s48(2), s48(4), s56, s56(1), s77(2)
Key findings
- Dispute theme: termination 14day
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5397270?
The tribunal order states: The tenant Edward Jason Inia must grant access to the landlord Kāinga Ora–
How much money was awarded in case 5397270?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5397270?
The primary dispute was 14-day notice.
Where can I read the official tribunal order for case 5397270?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12947032-Tenancy_Tribunal_Order.pdf.