Tenantcheck Insights · Case study
Tenancy Tribunal case 5497370 — Exemplary damages
Decided 5 Jun 2026 · Published 5 Jun 2026 · Application 5497370
- Exemplary damages
At a glance
Key facts from the published tribunal order.
Adjudicator
J Greene
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 Tribunal orders suppression of the names and identifying details of both parties.
- By declaration, the Tribunal states that the landlord has the right to conduct an inspection of the premises by providing at least 48 hours’ notice to the tenant for an inspection any time between 8am and 7pm on a day specified in the notice of inspection. A failure to allow the landlord entry for a notified inspection, without reasonable excuse, is an unlawful act.
Reasons
- Both parties attended the hearing which I conducted by video/phone.
- The landlord has applied for an order to undertake an inspection.
- The tenant said he does not object to the landlord undertaking an inspection.
- The Tribunal need not make an order for an inspection since the landlord has a statutory right to conduct a notified inspection 1 . I have issued a declaration instead setting out the landlord’s right to undertake an inspection. 1 See section 48(2)(b) Residential Tenancies Act 1986
- The tenant must allow the inspection (as he said he would) since the failure to do so without reasonable excuse is an unlawful act that could result in the Tribunal awarding exemplary damages (like a fine) or, on application by the landlord, terminating the tenancy.
- The landlord has applied for a name suppression order. I have granted name suppression to both parties. There is no public interest that requires publication in this case and in the context of this tenancy.