What was the outcome of Tenancy Tribunal case 4629158?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4629158?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4629158?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4629158?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9401162-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4629158?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4629158?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4629158?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4629158?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9401162-Tenancy_Tribunal_Order.pdf.

13 Sefton Place, Spreydon, Christchurch 8024 Tenancy Tribunal Case 4629158 — Exemplary damages

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Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
James Andrew Mackwood must, before 20 October 2023, allow the landlord or the landlord’s contractor to have access to the premises for the purpose of completing painting work. The landlord must give the tenant at least 48 hours’ notice of the date and approximate time of the intended work.

Reasons

Ms Rea represented the landlord. The tenant did not attend the hearing.
The landlord has applied for an order allowing them and their contractor access to the premises to complete exterior painting work.
The tenant has denied access because he does not agree with the colour scheme.
The landlord owns the premises and is entitled to paint them the colour it chooses.
Section 48(2) of the Residential Tenancies Act 1986 (RTA) provides that the landlord may enter the premises for the purpose of carrying out any necessary repairs or necessary maintenance or for inspecting the premises, after giving the tenant the required notice (at least 24 hours for repairs or 48 hours for inspections) or with the tenant’s consent given immediately before the time of entry.
The painting work the landlord wants to undertake is necessary maintenance. By refusing the landlord and its contractor access to the premises the tenant has breached his obligations under section 48(2) RTA.
The tenant must allow the landlord and/or its contractor access to do the work before 20 October 2023, provided the landlord first gives the tenant appropriate notice of the intended entry.
Failure by the tenant, without reasonable excuse, to allow the landlord and/or its contractors access as permitted by section 48(2) RTA is an unlawful act for which exemplary damages up to $1,500.00 may be payable. It is also a breach that, in certain circumstances, may entitle the landlord to an order terminating the tenancy.

Tenancy Tribunal case 4629158 — Exemplary damages at 13 Sefton Place, Spreydon, Christchurch 8024

At a glance

Tenancy Tribunal case 4629158 — Exemplary damages at 13 Sefton Place, Spreydon, Christchurch 8024

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions