What was the outcome of Tenancy Tribunal case 5196951?

The tribunal order states: Kāinga Ora–Homes And Communities is granted access to 8B Scout Avenue,

How much money was awarded in case 5196951?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5196951?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5196951?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11719121-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5196951?

The tribunal order states: Kāinga Ora–Homes And Communities is granted access to 8B Scout Avenue,

How much money was awarded in case 5196951?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5196951?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5196951?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11719121-Tenancy_Tribunal_Order.pdf.

8B Scout Avenue, Mount Roskill, Auckland 1041 Tenancy Tribunal Case 5196951 — Exemplary damages

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Order

Kāinga Ora–Homes And Communities is granted access to 8B Scout Avenue, Mount Roskill, Auckland 1041 for the purpose of undertaking repairs to the deck, pursuant to section 48(2)(d) of the Residential Tenancies Act, 1986 between the hours of 8.00 am and 5.00 pm on all of the following dates (if required): a. Friday 2 May 2025, b. Saturday 3 May 2025, and c. Monday 5 May 2025.

Reasons

Both parties attended the hearing.

Kāinga Ora–Homes And Communities claim that on 23 January 2025 Kāinga Ora–Homes And Communities gave the tenant notice that they would be entering the premises for the purpose of undertaking repairs to the deck on 28 January 2025. Kāinga Ora–Homes And Communities claim that when their trades-persons attended on 28 January 2025 they were “denied access”. How the trades-persons were denied access was not explained.

Mr Taiwhanga explained that he has concerns about the condition of the deck and he wants it repaired. However Mr Taiwhanga stated that he has reservations about Kāinga Ora–Homes And Communities’ trades-person’s qualifications.

Because a landlord’s trades-person is in the service of the landlord, they are not required to satisfy a tenant as to their qualifications.

A landlord may enter the premises for the purpose of carrying out necessary repairs or necessary maintenance of the premises, at any time between 8 o’clock in the morning and 7 o’clock in the evening of any day, after giving to the tenant notice of the intended entry and the reason for it at least 24 hours before the intended entry.

For the sake of clarity, I have set out the days on which Mr Taiwhanga can expect trades-persons from Kāinga Ora–Homes And Communities to be onsite repairing the deck. Further notice pursuant to the Residential Tenancies Act, 1986 is not required for these three days.

For future works, the usual statutory notice requirements must be adhered to.

Not allowing a landlord access for repairs after the correct notice has been given, is a breach of section 48 of the RTA. I find this breach proved.

The landlord is not seeking exemplary damages for Mr Taiwhanga’s breach and none are awarded.

Order

Reasons

Both parties attended the hearing.

Because a landlord’s trades-person is in the service of the landlord, they are not required to satisfy a tenant as to their qualifications.

For future works, the usual statutory notice requirements must be adhered to.

Not allowing a landlord access for repairs after the correct notice has been given, is a breach of section 48 of the RTA. I find this breach proved.

The landlord is not seeking exemplary damages for Mr Taiwhanga’s breach and none are awarded.

Tenancy Tribunal case 5196951 — Exemplary damages at 8B Scout Avenue, Mount Roskill, Auckland 1041

At a glance

Tenancy Tribunal case 5196951 — Exemplary damages at 8B Scout Avenue, Mount Roskill, Auckland 1041

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