What was the outcome of Tenancy Tribunal case 5025509?

The tribunal order states: The Tribunal declares that the tenant is in breach of his statutory responsibilities

How much money was awarded in case 5025509?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5025509?

The primary dispute was Mould & damp. Related themes: Healthy homes, Exemplary damages, Leaks.

Where can I read the official tribunal order for case 5025509?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11017761-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5025509?

The tribunal order states: The Tribunal declares that the tenant is in breach of his statutory responsibilities

How much money was awarded in case 5025509?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5025509?

The primary dispute was Mould & damp. Related themes: Healthy homes, Exemplary damages, Leaks.

Where can I read the official tribunal order for case 5025509?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11017761-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 3, 55 Ward Street, Addington, Christchurch Tenancy Tribunal Case 5025509 — Mould & damp

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Order

The Tribunal declares that the tenant is in breach of his statutory responsibilities by refusing the landlord access to conduct a scope assessment of mould and moisture. A continued failure by the tenant to allow access will put his tenancy at risk as it would constitute an ongoing breach for which the landlord could seek termination of the tenancy and an award of exemplary damages as a penalty.
The landlord may enter the premises between 4 and 21 November 2024 by giving the tenant at least 24 hours’ notice under section 48(2)(cb) of the Residential Tenancies Act 1986 (RTA) or 48 hours’ notice under section 48(2)(b) RTA.

Reasons

Ms Rea represented the landlord. The tenant did not attend the hearing.
The landlord has applied for a declaration and order allowing it access to the premises to conduct a mould and moisture assessment following a hot water cylinder leak, since repaired.
The tenant has refused to allow access.
Ms Rea said that the tenant has a history of declining access for inspections and has declined to allow access for the landlord to carry out a scope assessment of mould and moisture a number of times.
The Tribunal has issued a declaration reminding the tenant of his statutory responsibility to allow the landlord access for the purpose of conducting a moisture and mould assessment. Because that assessment affects the Healthy Homes status of the premises the landlord only needs give 24 hours’ notice of the entry.
If the assessment is for an inspection of the premises, the period of notice is 48 hours.
If the tenant continues to refuse the landlord access the landlord might apply to end the tenancy and might seek exemplary damages as a punishment.
The landlord has asked for access between 4 and 21 November 2024 with the required notice given to the tenant. The tenant must allow the landlord access as section 48(2) RTA requires.

Tenancy Tribunal case 5025509 — Mould & damp at Unit/Flat Unit 3, 55 Ward Street, Addington, Christchurch

At a glance

Tenancy Tribunal case 5025509 — Mould & damp at Unit/Flat Unit 3, 55 Ward Street, Addington, Christchurch

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