What was the outcome of Tenancy Tribunal case 4847900?

The tribunal order states: Kāinga Ora–Homes And Communities is permitted to inspect the premises at

How much money was awarded in case 4847900?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4847900?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4847900?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10257344-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4847900?

The tribunal order states: Kāinga Ora–Homes And Communities is permitted to inspect the premises at

How much money was awarded in case 4847900?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4847900?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 4847900?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10257344-Tenancy_Tribunal_Order.pdf.

40 Ngake Street, Orakei, Auckland 1071 Tenancy Tribunal Case 4847900 — 14-day notice

Order

Kāinga Ora–Homes And Communities is permitted to inspect the premises at 40 Ngake Street, Orakei on Friday 10 May 2024 between the hours of 10am and 12pm. Shirley Lorraine Harrison is to allow Kāinga Ora access to the property at that time.
Should this inspection give rise to needed repairs or maintenance, Kāinga Ora is permitted to enter the premises at 40 Ngake St Orakei to complete those necessary repairs or maintenance if they give Ms Harrison at least 24 hours’ notice of the intended entry and the reason for it. The entry must be between 8am and 7pm on the day specified in the notice. Shirley Harrison is to allow Kāinga Ora access to the premises at that time/s.

Reasons

Ms Perese attended the hearing for the landlord, Kāinga Ora. There was no appearance for Ms Harrison. As she has been sent the notice of hearing, the hearing went ahead in her absence.
Ms Harrison has lived in this home since 2002 and is not currently allowing her landlord access for inspections. Kāinga Ora say they need to access the home to inspect it and ensure they are meeting their responsibilities under the Residential Tenancies Act 1986 (RTA). This is because pursuant to section 45(1) of the RTA, Kāinga Ora has various obligations to maintain the home.
Section 48(2)(b) of the RTA states that a landlord may enter the premises— (b) for the purpose of inspecting the premises, at any time between 8 o’clock in the morning and 7 o’clock in the evening on a day specified in a notice given to the tenant not less than 48 hours nor more than 14 days before the intended entry, and not more frequently than once in any period of 4 weeks.
The parties’ tenancy agreement states that both parties have agreed to comply with the provisions of the RTA.
Therefore, legally Kāinga Ora is not required to make an application to the Tribunal to allow their access, as they have the legal right to inspect the property upon the provision of a valid inspection notice. However, given their status as a social housing provider, they are now seeking an access order to gain entrance into Ms Harrison’s home.
Kāinga Ora have attempted to access the home a number of times this year, but Ms Harrison has not allowed their entry. As follows: a. On 25 January after providing adequate notice the landlord attended the home but were refused access by Ms Harrison. b. On 9 February after providing adequate notice the landlord attended the home, but no one was home. c. On 29 February after providing adequate notice the landlord attended the home but could not access it as Ms Harrison’s dog was inside untethered. d. On 4 March a notice to remedy pursuant to section 56 of the RTA was issued to Ms Harrison. e. On 21 March after providing adequate notice the landlord attended the home but were refused access by Ms Harrison
Similar applications have been made with respect to this tenancy: i. In November 2023 the Tribunal made an order directing Ms Harrison to allow access to the landlord (TT 4699150). ii. In December 2022 the Tribunal made an order directing Ms Harrison to allow access to the landlord for an inspection (TT 4438280). iii. In May 2022 the Tribunal made an order directing Ms Harrison to allow access to the landlord to mow the lawns (TT 4335432).
Ms Harrison is again breaching section 48(2) of the RTA by failing to allow Kāinga Ora access to the property. In this instance Kāinga Ora is not seeking termination on the basis of this breach as they wish to continue to work with Ms Harrison.
Section 77(2)(l) of the RTA allows the Tribunal to order a tenant to remedy a breach of the RTA. Accordingly, I direct that Ms Harrison allow Kāinga Ora access to the home for the purposes of their annual inspection. Two weeks have been permitted which is ample time for Ms Harrison to prepare for the inspection.
If this inspection creates the need for maintenance or repairs, Kāinga Ora is entitled to provide notice to Ms Harrison for access to undertake those repairs. Ms Harrison must allow Kāinga Ora that access.
Ms Harrison is to be reminded by this application of her responsibilities under the RTA, one of those important responsibilities is to allow her property managers access to ensure they are providing her with a safe and compliant home.

Order

Kāinga Ora–Homes And Communities is permitted to inspect the premises at 40 Ngake Street, Orakei on Friday 10 May 2024 between the hours of 10am and 12pm. Shirley Lorraine Harrison is to allow Kāinga Ora access to the property at that time.
Should this inspection give rise to needed repairs or maintenance, Kāinga Ora is permitted to enter the premises at 40 Ngake St Orakei to complete those necessary repairs or maintenance if they give Ms Harrison at least 24 hours’ notice of the intended entry and the reason for it. The entry must be between 8am and 7pm on the day specified in the notice. Shirley Harrison is to allow Kāinga Ora access to the premises at that time/s.

Reasons

Ms Perese attended the hearing for the landlord, Kāinga Ora. There was no appearance for Ms Harrison. As she has been sent the notice of hearing, the hearing went ahead in her absence.
Ms Harrison has lived in this home since 2002 and is not currently allowing her landlord access for inspections. Kāinga Ora say they need to access the home to inspect it and ensure they are meeting their responsibilities under the Residential Tenancies Act 1986 (RTA). This is because pursuant to section 45(1) of the RTA, Kāinga Ora has various obligations to maintain the home.
Section 48(2)(b) of the RTA states that a landlord may enter the premises— (b) for the purpose of inspecting the premises, at any time between 8 o’clock in the morning and 7 o’clock in the evening on a day specified in a notice given to the tenant not less than 48 hours nor more than 14 days before the intended entry, and not more frequently than once in any period of 4 weeks.
The parties’ tenancy agreement states that both parties have agreed to comply with the provisions of the RTA.
Therefore, legally Kāinga Ora is not required to make an application to the Tribunal to allow their access, as they have the legal right to inspect the property upon the provision of a valid inspection notice. However, given their status as a social housing provider, they are now seeking an access order to gain entrance into Ms Harrison’s home.
Kāinga Ora have attempted to access the home a number of times this year, but Ms Harrison has not allowed their entry. As follows: a. On 25 January after providing adequate notice the landlord attended the home but were refused access by Ms Harrison. b. On 9 February after providing adequate notice the landlord attended the home, but no one was home. c. On 29 February after providing adequate notice the landlord attended the home but could not access it as Ms Harrison’s dog was inside untethered. d. On 4 March a notice to remedy pursuant to section 56 of the RTA was issued to Ms Harrison. e. On 21 March after providing adequate notice the landlord attended the home but were refused access by Ms Harrison
Similar applications have been made with respect to this tenancy: i. In November 2023 the Tribunal made an order directing Ms Harrison to allow access to the landlord (TT 4699150). ii. In December 2022 the Tribunal made an order directing Ms Harrison to allow access to the landlord for an inspection (TT 4438280). iii. In May 2022 the Tribunal made an order directing Ms Harrison to allow access to the landlord to mow the lawns (TT 4335432).
Ms Harrison is again breaching section 48(2) of the RTA by failing to allow Kāinga Ora access to the property. In this instance Kāinga Ora is not seeking termination on the basis of this breach as they wish to continue to work with Ms Harrison.
Section 77(2)(l) of the RTA allows the Tribunal to order a tenant to remedy a breach of the RTA. Accordingly, I direct that Ms Harrison allow Kāinga Ora access to the home for the purposes of their annual inspection. Two weeks have been permitted which is ample time for Ms Harrison to prepare for the inspection.
If this inspection creates the need for maintenance or repairs, Kāinga Ora is entitled to provide notice to Ms Harrison for access to undertake those repairs. Ms Harrison must allow Kāinga Ora that access.
Ms Harrison is to be reminded by this application of her responsibilities under the RTA, one of those important responsibilities is to allow her property managers access to ensure they are providing her with a safe and compliant home.

Tenancy Tribunal case 4847900 — 14-day notice at 40 Ngake Street, Orakei, Auckland 1071

At a glance

Tenancy Tribunal case 4847900 — 14-day notice at 40 Ngake Street, Orakei, Auckland 1071

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