What was the outcome of Tenancy Tribunal case 4755549?

The tribunal order states: Provided the landlord gives the tenant the notice required under the RTA, the

How much money was awarded in case 4755549?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4755549?

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

Where can I read the official tribunal order for case 4755549?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9867491-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4755549?

The tribunal order states: Provided the landlord gives the tenant the notice required under the RTA, the

How much money was awarded in case 4755549?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4755549?

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

Where can I read the official tribunal order for case 4755549?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9867491-Tenancy_Tribunal_Order.pdf.

8 Radnor Place, Highbury, Palmerston North 4412 Tenancy Tribunal Case 4755549 — Healthy homes

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Reasons

The landlord attended the hearing by telephone.

The tenant did not attend the hearing.

The landlord provided evidence that it has been trying to gain access to the property since early December 2022 to carry out necessary repairs and also works required for the property to comply with the Healthy Homes Standards (“the works”) as follows: a. Remove and replace insulation. b. Install a heat pump and a kitchen range hood. c. Install draught stopping measures. d. Fix the oven door. e. Repair a door frame. f. Repair the bathroom wet wall. g. Clean and cap the chimney.

The tenant has denied or withdrawn access throughout this period and the landlord has been unable to carry out the works or carry out any inspection of the property.

The landlord has applied for an order allowing it entry to the premises for the purposes of carrying out the works and inspecting the property.

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 tenant’s failure to allow access to the landlord is a breach of her obligations under the RTA and her tenancy agreement. The landlord has issued notices of these breaches to the tenant and still the tenant has not complied with the landlord’s lawful requests for access.

It is therefore appropriate that an order be made in favour of the landlord allowing it and its contractors access to the property for it to inspect the property and carry out the works.

The tenant must allow the landlord access to complete the works and inspect the property by 29 February 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.

The tenant is urged to comply with this Order so that the landlord does not apply for exemplary damages and termination of the tenancy.

Reasons

The landlord attended the hearing by telephone.

The tenant did not attend the hearing.

The tenant has denied or withdrawn access throughout this period and the landlord has been unable to carry out the works or carry out any inspection of the property.

The landlord has applied for an order allowing it entry to the premises for the purposes of carrying out the works and inspecting the property.

It is therefore appropriate that an order be made in favour of the landlord allowing it and its contractors access to the property for it to inspect the property and carry out the works.

The tenant is urged to comply with this Order so that the landlord does not apply for exemplary damages and termination of the tenancy.

Tenancy Tribunal case 4755549 — Healthy homes at 8 Radnor Place, Highbury, Palmerston North 4412

At a glance

Tenancy Tribunal case 4755549 — Healthy homes at 8 Radnor Place, Highbury, Palmerston North 4412

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