How much money was awarded in case 4732171?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4732171?

The primary dispute was Healthy homes. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4732171?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9763014-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4732171?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4732171?

The primary dispute was Healthy homes. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 4732171?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9763014-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 4, 85 Golf Road, Tahunanui, Nelson 7011 Tenancy Tribunal Case 4732171 — Healthy homes

Q: What was the outcome of Tenancy Tribunal case 4732171?

The tribunal order states: Te Waiokirau Lisa Akurangi, must, no later than Friday 26 January 2024, allow

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Order

Te Waiokirau Lisa Akurangi, must, no later than Friday 26 January 2024, allow the landlord to enter the premises for the purposes of conduct a scoping inspection for Healthy Homes compliance requirements.

The landlord must first give the tenant at least 48 hours’ notice of the date and approximate time of the intended entry.

This matter is determined as indicated by the orders above, but Kāinga Ora– Homes and Communities may, if access is not permitted by Friday 26 January 2024, request that the application be brought back before the Tribunal with new evidence in respect of the access for the scoping inspection and the matter will be re-opened. Any such request must be made in writing within 21 days of 26 January 2024 and it should detail any variations, if sought, to the application as lodged.

Reasons

Both parties attended the hearing. Ms Akurangi appeared in person. Ms Susan Rea appeared via teleconference, as preapproved.

The landlord sought an order for access.

Section 48(2) of the Residential Tenancies Act 1986 (RTA) provides that the landlord may enter the premises for the purpose of carrying out necessary repairs or necessary maintenance or for inspecting the premises, after giving the tenant the required notice (at least 24 hours’ notice for repairs or 48 hours for inspections) or with the tenant’s consent given immediately before the time of entry. If the appropriate notice is given, the tenant’s consent to the access is not required.

The landlord has attempted, after giving the appropriate notice, to visit the property to conduct a scoping inspection for Healthy Homes compliance requirements but the tenant has refused access. This is a breach of obligations in section 48(2) RTA.

Failure by the tenant, without reasonable excuse, to allow the landlord access as permitted by section 48(2) is an unlawful act for which exemplary damages up to a maximum of $1,500.00 maybe payable. It is also a breach that, in certain circumstances, may entitle the landlord to an order terminating the tenancy. Other matters

It is apparent to me the lack of cooperation by the tenant to date is due to her frustration regarding other tenancy problems. These do not influence this order and I hope the tenant will abide by the timings as agreed. I do repeat my encouragement to the tenant to use the Tribunal process if she believes the landlord has failed to meet its obligations under the RTA, after it has been appropriately notified of any such failure.

Order

The landlord must first give the tenant at least 48 hours’ notice of the date and approximate time of the intended entry.

Reasons

Both parties attended the hearing. Ms Akurangi appeared in person. Ms Susan Rea appeared via teleconference, as preapproved.

The landlord sought an order for access.

Tenancy Tribunal case 4732171 — Healthy homes at Unit/Flat Flat 4, 85 Golf Road, Tahunanui, Nelson 7011

At a glance

Tenancy Tribunal case 4732171 — Healthy homes at Unit/Flat Flat 4, 85 Golf Road, Tahunanui, Nelson 7011

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