What was the outcome of Tenancy Tribunal case 5180171?

The tribunal order states: Jennifer McClutchie is directed to grant access to the landlord for the purposes

How much money was awarded in case 5180171?

3pm On Tuesday 20 May 2025. 2. Jenni…: $27.00 awarded to landlord

What type of tenancy dispute was case 5180171?

The primary dispute was 14-day notice. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5180171?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11837957-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5180171?

The tribunal order states: Jennifer McClutchie is directed to grant access to the landlord for the purposes

How much money was awarded in case 5180171?

3pm On Tuesday 20 May 2025. 2. Jenni…: $27.00 awarded to landlord

What type of tenancy dispute was case 5180171?

The primary dispute was 14-day notice. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5180171?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11837957-Tenancy_Tribunal_Order.pdf.

4B Milton Road, Papatoetoe, Auckland 2024 Tenancy Tribunal Case 5180171 — 14-day notice

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4B Milton Road, Papatoetoe, Auckland 2024 Tenancy Tribunal Case 5180171 — 14-day notice | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5180171. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
3pm on Tuesday 20 May 2025. 2. Jennifer McClutchie is to pay Oaks Property Management Limited As Agent For Rupinder & Jo	$27.00		3pm on Tuesday 20 May 2025. 2. Jennifer McClutchie is to pay Oaks Property Management Limited As Agent For Rupinder & Jo

Claims and awards for application 5180171. Verify on MoJ.

3pm on Tuesday 20 May 2025. 2. Jennifer McClutchie is to pay Oaks Property Management Limited As Agent For Rupinder & Jo

Amount: $27.00
Awarded to: Landlord
Reason: 3pm on Tuesday 20 May 2025. 2. Jennifer McClutchie is to pay Oaks Property Management Limited As Agent For Rupinder & Jo

Order

Jennifer McClutchie is directed to grant access to the landlord for the purposes of inspection between 12pm and 3pm on Tuesday 20 May 2025.
Jennifer McClutchie is to pay Oaks Property Management Limited As Agent For Rupinder & Joga Kaur & Singh $27.00 immediately.

Reasons

Both parties attended the hearing.
The landlord claims that the tenant has refused to allow the landlord to inspect the premises. The landlord wants to inspect the premises to ascertain if there are any maintenance issues requiring attention and to view the state and condition of the premises.
On 30 January 2025, the landlord gave the tenant 14 days’ notice to remedy the breach under section 56(1) of the Residential Tenancies Act 1986. The tenant also changed the locks without the landlord’s permission and knowledge.
Under section 48(2)(b) Residential Tenancies Act 1986 (‘RTA’), a landlord is entitled to enter the premises 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.
Section 48(4)(b) RTA provides that failure by the tenant, without reasonable excuse, to allow the landlord to enter upon the premises in any circumstances in which the landlord is entitled to enter under subsection (2) is an unlawful act.
No reasonable excuse has been given by the tenant for denying the landlord’s access to the premises under section 48(2)(b) RTA.
Notwithstanding the landlord’s 14-day breach notice being unremedied, the parties have today come to an agreement on the tenant allowing access to the landlord. The landlord is presently only seeking a Tribunal order for access to be granted.
Where the Tribunal finds the tenant has failed to comply with their obligations, including to allow the landlord access to the premises for the purposes of conducting property inspections, the Tribunal may order the tenant to do anything necessary to remedy the breach by that party of any express or implied provision of the tenancy agreement or any provision of the RTA, or to do anything that that party is required to do by any such provision. See section 77(2)(l) Residential Tenancies Act 1986.
I therefore order the tenant to comply with section 48(2)(b) RTA and direct the tenant to give access to the landlord accordingly.
Notice is hereby given that the landlord will be inspecting the premises on the above times and date.
For the avoidance of doubt, this order constitutes the required notice by the landlord under section 48(2)(b) RTA for the inspection to take place at that date and time.
I urge the tenant to allow the landlord access to the property as failure to do so may result in severe repercussions, including an award of exemplary damages (if sought by the landlord in future) and/or an application by the landlord to terminate the tenancy under section 56(1) RTA (if sought by the landlord).
The tenant also agreed to allow the landlord an opportunity to have a spare key to the premises being cut and kept by the landlord.
Because Oaks Property Management Limited As Agent For Rupinder & Joga Kaur & Singh has wholly succeeded with the claim I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5180171. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
3pm on Tuesday 20 May 2025. 2. Jennifer McClutchie is to pay Oaks Property Management Limited As Agent For Rupinder & Jo	$27.00		3pm on Tuesday 20 May 2025. 2. Jennifer McClutchie is to pay Oaks Property Management Limited As Agent For Rupinder & Jo

Claims and awards for application 5180171. Verify on MoJ.

3pm on Tuesday 20 May 2025. 2. Jennifer McClutchie is to pay Oaks Property Management Limited As Agent For Rupinder & Jo

Amount: $27.00
Awarded to: Landlord
Reason: 3pm on Tuesday 20 May 2025. 2. Jennifer McClutchie is to pay Oaks Property Management Limited As Agent For Rupinder & Jo

Order

Jennifer McClutchie is directed to grant access to the landlord for the purposes of inspection between 12pm and 3pm on Tuesday 20 May 2025.
Jennifer McClutchie is to pay Oaks Property Management Limited As Agent For Rupinder & Joga Kaur & Singh $27.00 immediately.

Reasons

Both parties attended the hearing.
The landlord claims that the tenant has refused to allow the landlord to inspect the premises. The landlord wants to inspect the premises to ascertain if there are any maintenance issues requiring attention and to view the state and condition of the premises.
On 30 January 2025, the landlord gave the tenant 14 days’ notice to remedy the breach under section 56(1) of the Residential Tenancies Act 1986. The tenant also changed the locks without the landlord’s permission and knowledge.
Under section 48(2)(b) Residential Tenancies Act 1986 (‘RTA’), a landlord is entitled to enter the premises 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.
Section 48(4)(b) RTA provides that failure by the tenant, without reasonable excuse, to allow the landlord to enter upon the premises in any circumstances in which the landlord is entitled to enter under subsection (2) is an unlawful act.
No reasonable excuse has been given by the tenant for denying the landlord’s access to the premises under section 48(2)(b) RTA.
Notwithstanding the landlord’s 14-day breach notice being unremedied, the parties have today come to an agreement on the tenant allowing access to the landlord. The landlord is presently only seeking a Tribunal order for access to be granted.
Where the Tribunal finds the tenant has failed to comply with their obligations, including to allow the landlord access to the premises for the purposes of conducting property inspections, the Tribunal may order the tenant to do anything necessary to remedy the breach by that party of any express or implied provision of the tenancy agreement or any provision of the RTA, or to do anything that that party is required to do by any such provision. See section 77(2)(l) Residential Tenancies Act 1986.
I therefore order the tenant to comply with section 48(2)(b) RTA and direct the tenant to give access to the landlord accordingly.
Notice is hereby given that the landlord will be inspecting the premises on the above times and date.
For the avoidance of doubt, this order constitutes the required notice by the landlord under section 48(2)(b) RTA for the inspection to take place at that date and time.
I urge the tenant to allow the landlord access to the property as failure to do so may result in severe repercussions, including an award of exemplary damages (if sought by the landlord in future) and/or an application by the landlord to terminate the tenancy under section 56(1) RTA (if sought by the landlord).
The tenant also agreed to allow the landlord an opportunity to have a spare key to the premises being cut and kept by the landlord.
Because Oaks Property Management Limited As Agent For Rupinder & Joga Kaur & Singh has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5180171 — 14-day notice at 4B Milton Road, Papatoetoe, Auckland 2024

At a glance

Tenancy Tribunal case 5180171 — 14-day notice at 4B Milton Road, Papatoetoe, Auckland 2024

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions