What was the outcome of Tenancy Tribunal case 4739089?

The tribunal order states: By consent, Linda A Leach-Ruawhare must, on Monday, in the afternoon of 22

How much money was awarded in case 4739089?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4739089?

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

Where can I read the official tribunal order for case 4739089?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9777280-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4739089?

The tribunal order states: By consent, Linda A Leach-Ruawhare must, on Monday, in the afternoon of 22

How much money was awarded in case 4739089?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4739089?

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

Where can I read the official tribunal order for case 4739089?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9777280-Tenancy_Tribunal_Order.pdf.

15 Cradock Street, Avondale, Auckland 1026 Tenancy Tribunal Case 4739089 — 14-day notice

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Order

By consent, Linda A Leach-Ruawhare must, on Monday, in the afternoon of 22 January 2024, allow the landlord to enter the premises for scoping for the purpose of complying, or preparing to comply, with the healthy homes standards (including any prospective requirements of those standards). The landlord must first give the tenant at least 48 hours’ notice of the date and approximate time of the intended entry together with a copy of this Order.

Reasons

Ms Smith attended the hearing for the landlord.

The tenant attended the hearing.

The hearing is via telephone conference.

I understand from reading the landlord’s application that the tenant lives in the property alone and has been a tenant of the landlord for 41 years. There has been a history of little to no access to the property.

Ms Smith submitted that on 22 September 2023, the landlord served the tenant a 14 days notice to remedy by allowing the landlord access to the property for the purpose of assessing the property for healthy homes standards. The tenant did not allow access.

Ms. Smith submitted that the landlord's Healthy Homes team suggested that the scoping process could be about 30 minutes, depending on the property. After the scoping is completed, the Healthy Homes team will be able to determine what kind of work is required and how long it will take the Healthy Homes team to complete the job.

The Residential Tenancies Act 1986 (“the Act”) requires the landlord to meet the Healthy Homes standards by 1 July 2024.

Ms. Smith provided me with a chronology that outlines the history of dealing with the tenant. After considering all the evidence, I am satisfied that the landlord has had little to no access to the property.

As the landlord has had limited or no access to the property in the past, they have applied with the Tribunal for an order granting them entry to the premises. The purpose of this entry is to comply, or prepare to comply, with the healthy homes standards, including any future requirements of those standards.

Section 48(2)(cb) of the Act provides that the landlord may enter the premises for the purpose of complying, or preparing to comply, with the healthy homes standards (including any prospective requirements of those standards), at any time between 8 o’clock in the morning and 7 o’clock in the evening of any day, after giving to the tenant notice of the intended entry and the reason for it at least 24 hours before the intended entry or with the tenant’s consent given immediately before the time of entry. If the appropriate notice is given, the tenant’s consent to access is not required.

In the hearing, the tenant confirmed that the landlord could scope the property in the afternoon of 22 January 2024.

The tenant is now on notice that failure to allow the landlord access as permitted by section 48(2)(cb), without reasonable excuse, 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.

Order

Reasons

Ms Smith attended the hearing for the landlord.

The tenant attended the hearing.

The hearing is via telephone conference.

The Residential Tenancies Act 1986 (“the Act”) requires the landlord to meet the Healthy Homes standards by 1 July 2024.

In the hearing, the tenant confirmed that the landlord could scope the property in the afternoon of 22 January 2024.

Tenancy Tribunal case 4739089 — 14-day notice at 15 Cradock Street, Avondale, Auckland 1026

At a glance

Tenancy Tribunal case 4739089 — 14-day notice at 15 Cradock Street, Avondale, Auckland 1026

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