How much money was awarded in case 4760237?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4760237?

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

Where can I read the official tribunal order for case 4760237?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9822229-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4760237?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4760237?

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

Where can I read the official tribunal order for case 4760237?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9822229-Tenancy_Tribunal_Order.pdf.

150 Selwyn Street, Somerfield, Christchurch 8024 Tenancy Tribunal Case 4760237 — Healthy homes

Q: What was the outcome of Tenancy Tribunal case 4760237?

The tribunal order states: The tenant, Marc Robert Williamson, must, after receiving by 31 January 2024

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Order

The tenant, Marc Robert Williamson, must, after receiving by 31 January 2024 at least 48 hours written notice from the landlord of the day of its intended attendance at the premises, allow the landlord’s agents (including employees and contractors) to enter the premises and carry out a healthy homes standards assessment of the premises.

If the landlord determines that it needs to return to the premises on another day to carry out work needed to comply with healthy homes standards (whether imposed now or prospectively imposed), the tenant, Marc Robert Williamson, must after receiving 24 hours written notice by 29 February 2024, allow the landlord’s agents (including employees and contractors) to enter the premises and carry out the work required for compliance.

This order stands as an order of the District Court and if the tenant does not comply with it, he may be liable to be dealt with by the District Court under the Contempt of Court Act 2019.

Reasons

Ms Rea attended the hearing by telephone for the landlord. The tenant did not attend at the appointed time today (2pm) for the hearing. The Tribunal’s Registrar called the case at that time and there was no one in the waiting area. The Tribunal then telephoned the tenant on his mobile number and the call went to voice mail. At 2.35pm, one of the court Registrars informed the Tribunal that the tenant was outside the hearing room and had said that he had been waiting there for some time.

Because the tenant did not attend the hearing at the appointed time, the hearing was conducted without him. He can apply for a rehearing if he wishes to do so but he should be aware that this order does little more than require him to comply with his obligations under s48 of the Residential Tenancies Act 1986 (the Act) and therefore it is difficult to see what a rehearing would achieve. If he complies with his obligations, then there will be no adverse consequences for him from this order.

The landlord wants to carry out an assessment of the premises for the purpose of complying with healthy homes standards. There are some standards that the landlord must comply with by 1 July 2024 and so the landlord has a program to assess its rental properties and comply with the latest standards by that date.

The landlord has made a series of attempts to attend at the premises to carry out an assessment. That has included a meeting with the tenant, notices of entry to the premises given under the Act, and a breach notice given under the Act.

The tenant has told the landlord that he does not want the assessment or any compliance work that is needed. He has frustrated every attempt by the landlord to attend the premises and carry out the assessment.

The landlord is entitled to enter the premises to carry out the assessment and any work that is needed for compliance after giving the required notice under s48(1) and (2) of the Act.

The landlord has given the required notice on three separate occasions and the tenant has not allowed them entry to the premises. The landlord is therefore entitled to the order that I have made requiring the tenant to comply with the landlord’s notices.

If the tenant continues to frustrate the landlord’s efforts to carry out the assessment and any necessary work, the Tribunal has the power to terminate the tenancy on application by the landlord. It also has the power to award the landlord exemplary damages because the tenant’s failure to allow the landlord’s entry after proper notice is an unlawful act.

As stated in the order, this order stands as an order of the District Court and failure to comply with it is a contempt of the court. The District Court has the power to fine or imprison a person for contempt of court or do both.

Order

This order stands as an order of the District Court and if the tenant does not comply with it, he may be liable to be dealt with by the District Court under the Contempt of Court Act 2019.

Reasons

The landlord is entitled to enter the premises to carry out the assessment and any work that is needed for compliance after giving the required notice under s48(1) and (2) of the Act.

Tenancy Tribunal case 4760237 — Healthy homes at 150 Selwyn Street, Somerfield, Christchurch 8024

At a glance

Tenancy Tribunal case 4760237 — Healthy homes at 150 Selwyn Street, Somerfield, Christchurch 8024

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