What was the outcome of Tenancy Tribunal case 4732393?

The tribunal order states: Alister Kirk, must before Wednesday 10 January 2024 allow the landlord to enter

How much money was awarded in case 4732393?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4732393?

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

Where can I read the official tribunal order for case 4732393?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9783195-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4732393?

The tribunal order states: Alister Kirk, must before Wednesday 10 January 2024 allow the landlord to enter

How much money was awarded in case 4732393?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4732393?

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

Where can I read the official tribunal order for case 4732393?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9783195-Tribunal_Order.pdf.

66 Morrie Laing Avenue, Mount Roskill, Auckland 1041 Tenancy Tribunal Case 4732393 — Healthy homes

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Reasons

Only the applicant attended the hearing on 15 December 2023. The tenant could not be contacted.

The applicant has applied for an access order requiring the tenant to permit access to the property for the purposes of inspecting it to ensure it complies with the Healthy Homes Regulations.

All Kāinga Ora (formerly Housing New Zealand) houses and registered Community Housing Provider houses must comply with the Healthy Homes Standards by 1 July 2024.

Section 48(2) of the Residential Tenancies Act 1986 (the Act) 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 inspect it to see what work needs to be done to ensure it complies, but the tenant has refused access.

This is a breach of obligations in section 48(2) of the Act.

The tenant must allow the landlord access to complete the inspection within the next three weeks, that is before Wednesday 10 January 2024, provided the landlord first gives the tenant the appropriate notice of the intended entry.

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.

As the tenant does not have an email address for service or cell phone number the applicant will arrange for personal service of this order this afternoon.

Reasons

Only the applicant attended the hearing on 15 December 2023. The tenant could not be contacted.

The applicant has applied for an access order requiring the tenant to permit access to the property for the purposes of inspecting it to ensure it complies with the Healthy Homes Regulations.

All Kāinga Ora (formerly Housing New Zealand) houses and registered Community Housing Provider houses must comply with the Healthy Homes Standards by 1 July 2024.

The landlord has attempted, after giving the appropriate notice, to visit the property to inspect it to see what work needs to be done to ensure it complies, but the tenant has refused access.

This is a breach of obligations in section 48(2) of the Act.

As the tenant does not have an email address for service or cell phone number the applicant will arrange for personal service of this order this afternoon.

Tenancy Tribunal case 4732393 — Healthy homes at 66 Morrie Laing Avenue, Mount Roskill, Auckland 1041

At a glance

Tenancy Tribunal case 4732393 — Healthy homes at 66 Morrie Laing Avenue, Mount Roskill, Auckland 1041

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