How much money was awarded in case 4665829?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4665829?

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

Where can I read the official tribunal order for case 4665829?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9628513-Tribunal_Order.pdf.

How much money was awarded in case 4665829?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4665829?

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

Where can I read the official tribunal order for case 4665829?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9628513-Tribunal_Order.pdf.

2 Amethyst Place, Pukehangi, Rotorua 3015 Tenancy Tribunal Case 4665829 — 14-day notice

Q: What was the outcome of Tenancy Tribunal case 4665829?

The tribunal order states: The Tribunal declares that Ms Phillips is required to grant the Landlord entry to

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Order

The Tribunal declares that Ms Phillips is required to grant the Landlord entry to the premises for the purposes of inspection, provided a minimum of 24 hours’ notice is given and a maximum of 14 days, and the inspection occurs between 8am and 7pm.

If Ms Phillips fails to permit the inspection, she will be in breach both of her tenancy agreement and the provisions of the Act.

If Ms Phillips gives written notice that she is vacating the premises, within the next 2 weeks, then the inspection will not occur until after the tenancy ends.

Reasons

Both parties attended the hearing. It was a rehearing in relation to an application by the landlord for a declaration that the tenant was in breach and must comply with her obligations under the RTA.

The Landlord has applied for a declaration that the tenant has breached her obligations to allow entry to the premises for the purpose of an inspection. A breach notice has been issued pursuant to s 56 of the Residential Tenancies Act 1986.

The Landlord submits that both the tenancy agreement and the RTA allow the landlord reasonable access to complete inspections, repairs and maintenance. The tenant refuses to allow Kainga Ora staff or representatives to undertake their obligations to inspect and maintain the property.

The Landlord has attempted to resolve the issues with the Tenant by agreement, but no inspection has occurred since the beginning of the tenancy.

The Tenant says she has refused the Landlord’s requests for access because of other issues that have arisen and refusing the inspection was a way of bringing those other issues to the Tribunal.

Those “other issues” cannot be considered as part of this application which is simply for a declaration that the tenant must permit the inspection, provided the landlord gives the required notice (no less than 48 hours or more than 14 days) and the inspection must to occur between 8am and 7pm).

While initially the Tribunal made an order terminating the tenancy because of the breach and awarding exemplary damages, the applicant requested a rehearing, noting that the termination had not been requested and was not the outcome the applicant wanted.

Despite the issues that have arisen the landlord remains willing to resolve the issue by agreement.

Ms Phillips was unwilling to agree to a time and date for the inspection, and when pressed said she would give notice and leave. That remains an option, but given her agitation at the hearing, her oral notice is not to be taken as final. In other words, if she wants to stay, then the landlord is willing to work with her to arrange the inspection.

Should the declaration be made?

Section 78(1) (a) enables the Tribunal to make a declaration as to the rights or obligations of any party to a tenancy.

It is appropriate to make that declaration as requested, given the stalemate that has arisen with respect to inspections.

As noted, the landlord has the right to conduct the inspection and the tenant a corresponding obligation (within the confines of the times and frequency of inspections set out) to permit the access. She does not need to be home, and given the conflict that has arisen, it maybe better that she is not. If the landlord does not have a key she would need to leave a key somewhere identified.

Order

If Ms Phillips fails to permit the inspection, she will be in breach both of her tenancy agreement and the provisions of the Act.

If Ms Phillips gives written notice that she is vacating the premises, within the next 2 weeks, then the inspection will not occur until after the tenancy ends.

Reasons

Both parties attended the hearing. It was a rehearing in relation to an application by the landlord for a declaration that the tenant was in breach and must comply with her obligations under the RTA.

The Landlord has attempted to resolve the issues with the Tenant by agreement, but no inspection has occurred since the beginning of the tenancy.

The Tenant says she has refused the Landlord’s requests for access because of other issues that have arisen and refusing the inspection was a way of bringing those other issues to the Tribunal.

Despite the issues that have arisen the landlord remains willing to resolve the issue by agreement.

Should the declaration be made?

Section 78(1) (a) enables the Tribunal to make a declaration as to the rights or obligations of any party to a tenancy.

It is appropriate to make that declaration as requested, given the stalemate that has arisen with respect to inspections.

Tenancy Tribunal case 4665829 — 14-day notice at 2 Amethyst Place, Pukehangi, Rotorua 3015

At a glance

Tenancy Tribunal case 4665829 — 14-day notice at 2 Amethyst Place, Pukehangi, Rotorua 3015

At a glance

Claims & awards

Order

Reasons

Should the declaration be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should the declaration be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions