What was the outcome of Tenancy Tribunal case 5465891?

The tribunal order states: The claim for rent arrears is dismissed.

How much money was awarded in case 5465891?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5465891?

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

Where can I read the official tribunal order for case 5465891?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13383468-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5465891?

The tribunal order states: The claim for rent arrears is dismissed.

How much money was awarded in case 5465891?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5465891?

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

Where can I read the official tribunal order for case 5465891?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13383468-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 81B Hautana Street, Woburn, Lower Hutt 5010 Tenancy Tribunal Case 5465891 — Rent arrears

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Order

The claim for rent arrears is dismissed.

By agreement, the landlord is to carry out a routine inspection at the premises on Wednesday 8 April 2026 at 9am.

This matter is determined as indicated by the orders above, but the landlord is granted a period of 10 days within which, if the inspection does not take place due to the tenant’s actions, they can request that the application be brought back before to the Tribunal with new evidence in respect of the routine inspection and the matter will be re-opened.

Reasons

Both parties attended the hearing held on 1 April 2026 remotely.

The tenancy commenced on 17 May 2026 and is for a fixed term due to end on 15 May 2026.

The parties have agreed that the tenancy will not continue beyond 15 May 2026.

The landlord applied for rent arrears, for an order in relation to the tenant not allowing a routine inspection and for exemplary damages.

The tenant has cleared the arrears owing and has paid in advance to the date that the tenancy will end. The landlord no longer seeks an order for rent arrears so that claim is dismissed.

Section 48(2)(b) of the Residential Tenancies Act provides that, the landlord may 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;

The landlord gave notice to the tenant on 9 March 2026 that a routine inspection would be carried out on 12 March 2026.

The tenant did not agree to the inspection and referred any communication from the landlord through his lawyer.

On 30 March 2026 the lawyer representing the tenant advised that the tenant would agree to a routine inspection and proposed that it take place on Wednesday 1 April 2026. The landlord was unable to accommodate the proposed date for the routine inspection.

At the hearing the parties agreed for a routine inspection to take place on Wednesday 8 April 2026 at 9am. Both parties will be present for the inspection.

I am confident that the inspection will take place, however if it does not then the landlord is able to request that the application come back before the Tribunal.

While the landlord can apply for exemplary damages if a tenant intentionally refuses a lawful inspection, but for a single instance, the Tribunal will closely consider the tenant’s intent and the circumstances.

If there are problems with the routine inspection the issue of exemplary damages can be revisited, but I am not satisfied that on the evidence before me such damages are justified.

Order