What was the outcome of Tenancy Tribunal case 4740150?

The tribunal order states: Suzy Donna Charmaine Panui must permit the landlord to enter the

How much money was awarded in case 4740150?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4740150?

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

Where can I read the official tribunal order for case 4740150?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9784827-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4740150?

The tribunal order states: Suzy Donna Charmaine Panui must permit the landlord to enter the

How much money was awarded in case 4740150?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4740150?

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

Where can I read the official tribunal order for case 4740150?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9784827-Tenancy_Tribunal_Order.pdf.

7 Rautawhiri Road, Helensville, Helensville 0800 Tenancy Tribunal Case 4740150 — Healthy homes

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Order

Suzy Donna Charmaine Panui must permit the landlord to enter the premises for the purposes of complying, or preparing to comply, with the healthy homes standards after 15 January 2024.

The landlord must first give the tenant at least 72 hours’ notice of the date and time of the intended entry.

The property manager, Sheree Peti, must telephone or text the tenant the day before the intended entry to give the tenant an opportunity to refuse the entry if there is a reasonable excuse for that (such as a family member being so unwell the entry would affect their wellbeing).

Reasons

Roberta Perese attended the hearing for the landlord.

The tenant attended in person.

The landlord seeks an order that the tenant must permit its contractors to enter the premises for healthy homes standards compliance purposes.

The tenant is unhappy that the landlord has not attended to maintenance issues. She says also that contractors have previously attempted to enter the premises for healthy homes related purposes despite the fact that her grandchildren were unwell.

Under s 48(2)(cb) of the Residential Tenancies Act 1986 (RTA), landlords 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.

The landlord’s right to enter for these reasons is not absolute. For example, if the tenant or the tenant’s family is unwell to the point they should not be disturbed and entry will disturb them, the tenant will have a reasonable excuse to refuse entry.

The tenant should not refuse entry unless she has a valid reason. Under s 48(4)(b) of the RTA it would be an unlawful act for the tenant to refuse access without reasonable excuse. If proven, the tenant would be liable to exemplary damages of up to $1,500.00.

Continued failure to permit access without reasonable excuse after proper notice is given, could also lead to the landlord making an application to the Tribunal to terminate the tenancy.

It is appropriate that the Tribunal make an order confirming the landlord’s statutory right to enter the premises on notice. However, the Tribunal will modify the statutory requirements by requiring the landlord to given 72 hours’ notice (rather than 48 hours’ notice) and requiring the property manager to confirm that the tenant has no family emergencies or other matters that would be a reasonable excuse to refuse entry. The entry should not be prior to January 2024, so the tenant can be confident of not being disturbed over the Christmas and New Year period.

Order

Suzy Donna Charmaine Panui must permit the landlord to enter the premises for the purposes of complying, or preparing to comply, with the healthy homes standards after 15 January 2024.

The landlord must first give the tenant at least 72 hours’ notice of the date and time of the intended entry.

Reasons

Roberta Perese attended the hearing for the landlord.

The tenant attended in person.

The landlord seeks an order that the tenant must permit its contractors to enter the premises for healthy homes standards compliance purposes.

Continued failure to permit access without reasonable excuse after proper notice is given, could also lead to the landlord making an application to the Tribunal to terminate the tenancy.

Tenancy Tribunal case 4740150 — Healthy homes at 7 Rautawhiri Road, Helensville, Helensville 0800

At a glance

Tenancy Tribunal case 4740150 — Healthy homes at 7 Rautawhiri Road, Helensville, Helensville 0800

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