What was the outcome of Tenancy Tribunal case 4699150?

The tribunal order states: Kāinga Ora–Homes and Communities is permitted to enter the premises at 40

How much money was awarded in case 4699150?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4699150?

The primary dispute was Leaks. Related themes: Healthy homes.

Where can I read the official tribunal order for case 4699150?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9670828-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4699150?

The tribunal order states: Kāinga Ora–Homes and Communities is permitted to enter the premises at 40

How much money was awarded in case 4699150?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4699150?

The primary dispute was Leaks. Related themes: Healthy homes.

Where can I read the official tribunal order for case 4699150?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9670828-Tenancy_Tribunal_Order.pdf.

40 Ngake Street, Orakei, Auckland 1071 Tenancy Tribunal Case 4699150 — Leaks

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Order

Kāinga Ora–Homes and Communities is permitted to enter the premises at 40 Ngake St Orakei on Tuesday 12 December 2023 at 11 am for the purpose of carrying out a Healthy Homes Scope Assessment, repairing a leak in the wall, investigating holes in the roof and if there is sufficient time available repairing these. Shirley Harrison is to allow access to the premises at that time.

Kāinga Ora–Homes and Communities is permitted to enter the premises at 40 Ngake St Orakei to complete necessary repairs or maintenance if Kāinga Ora– Homes and Communities give the tenant at least 24 hours’ notice of the intended entry and the reason for it. The entry must be between 8am and 7pm on the day specified in the notice. Shirley Harrison is to allow access to the premises at that time.

Reasons

The landlord attended the hearing. There was no appearance for the tenant.

The landlord seeks an order that it be entitled to enter the property for the purpose of carrying out a Healthy Homes Scope Assessment, repairing a leak in the wall and maintaining the roof.

The landlord seeks an order that it be entitled to enter the property on 12 December 2023. for the purpose of carrying out this work and states that further time may be required to complete the roof repair. The landlord seeks access to the premises for the purpose of further repair after giving at least 24 hours’ notice as required by the Residential Tenancies Act 1986.

The tenant has rented these premises since 2002.

Kāinga Ora–Homes and Communities has a responsibility to maintain the premises and comply with Healthy Homes Standards as required by the Residential Tenancies Act and needs to obtain access to do this.

On 20 March 2023 notice was given requesting entry on 24 March 2023 for the purpose of a Healthy Homes scoping report but the tenant did not allow access.

On 16 June 2023 notice was given requesting access by 7 July 2023 to do maintenance on the roof but the tenant did not allow access.

On 18 September 2023 the landlord issued a 14-day notice regarding access on 6 October 2023 for the purpose of “Healthy Homes scope and works required. Roof replacement. Fix leak in wall.” The tenant did not allow access.

The landlord has now filed this application.

In the tenancy agreement signed on 13 December 2002, the tenant agreed that the provisions of the Residential Tenancies Act apply to the tenancy.

A landlord may enter the premises during the tenancy after giving the required notice for inspections and repairs and maintenance. The entry must be between 8am and 7pm on the day specified in the notice. See section 48(2) Residential Tenancies Act 1986.

Pursuant to s 77(2)(l) of the RTA, the Tribunal has jurisdiction to: “...order the landlord or the tenant under any tenancy agreement to which this Act applies 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 this Act, or to do anything that that party is required to do by any such provision”

The tenant is in breach of s 48 (2)(b) and (d) of the RTA in refusing to allow the landlord to inspect and carry out necessary repairs following notice being given.

Pursuant to s 77(2)(l) of the RTA, I make the orders set out above.

Order

Reasons

The landlord attended the hearing. There was no appearance for the tenant.

The landlord seeks an order that it be entitled to enter the property for the purpose of carrying out a Healthy Homes Scope Assessment, repairing a leak in the wall and maintaining the roof.

The tenant has rented these premises since 2002.

On 20 March 2023 notice was given requesting entry on 24 March 2023 for the purpose of a Healthy Homes scoping report but the tenant did not allow access.

On 16 June 2023 notice was given requesting access by 7 July 2023 to do maintenance on the roof but the tenant did not allow access.

The landlord has now filed this application.

In the tenancy agreement signed on 13 December 2002, the tenant agreed that the provisions of the Residential Tenancies Act apply to the tenancy.

The tenant is in breach of s 48 (2)(b) and (d) of the RTA in refusing to allow the landlord to inspect and carry out necessary repairs following notice being given.

Pursuant to s 77(2)(l) of the RTA, I make the orders set out above.

Tenancy Tribunal case 4699150 — Leaks at 40 Ngake Street, Orakei, Auckland 1071

At a glance

Tenancy Tribunal case 4699150 — Leaks at 40 Ngake Street, Orakei, Auckland 1071

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