What was the outcome of Tenancy Tribunal case 5246771?

The tribunal order states: With the prior consent of the tenant, a representative from McBriony Thomas

How much money was awarded in case 5246771?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5246771?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5246771?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12025273-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5246771?

The tribunal order states: With the prior consent of the tenant, a representative from McBriony Thomas

How much money was awarded in case 5246771?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5246771?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5246771?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12025273-Tenancy_Tribunal_Order.pdf.

16A Bidwell Place, Hillmorton, Christchurch 8025 Tenancy Tribunal Case 5246771 — 14-day notice

Order

With the prior consent of the tenant, a representative from McBriony Thomas Investment Trust or their agent The Helmore Group, may enter the tenancy address with Emerge Aotearoa Housing Trust for the purpose of being shown the premises at any reasonable time. The tenant may not withhold their consent unreasonably and may make the consent subject to any reasonable conditions.

Reasons

Both parties attended the hearing on 12 June 2025.
The landlord has filed an application seeking a declaration as to the rights and obligations of the parties.

BACKGROUND

There is a residential tenancy agreement between McBriony Thomas Investment Trust and Emerge Aotearoa Housing Trust in respect of the tenancy address. I will refer to this tenancy agreement as “the head tenancy agreement.”
McBriony Thomas Investment Trust owns the premises and is referred to as the “landlord” in the head tenancy agreement. Emerge Aotearoa Housing Trust rents the premises from McBriony Thomas Investment Trust and is referred to as the “tenant” in the head tenancy agreement.
The head tenancy agreement records “The Helmore Group” as the landlord’s agent.
Clauses 3 and 4 of the head tenancy agreement permit Emerge Aotearoa Housing Trust to sublet the premises for the purposes of social or transitional housing.
Clause 18 of the head tenancy agreement states: The landlord’s property manager, liaising with the Tenant’s property manager, will perform inspections of the property not less than every 3 months. These checks are normally done between the hours of 9am – 4pm Monday to Friday and a minimum of 48 hours’ notice will be given. Should the tenant’s property manager not be available or cannot arrange to be there the tenant must provide unobstructed access to the property on the specified day of the inspection.
There is a second tenancy agreement in respect of the tenancy address between Emerge Aotearoa Housing Trust and Jason Green. I will refer to this tenancy agreement as “the subtenancy agreement.”
The subtenancy agreement records Emerge Aotearoa Housing Trust as the landlord and Jason Green as the tenant.
Clause 4 of the subtenancy agreement states: The Tenancy or Property Managers may visit the property for inspection during the term of the tenancy giving appropriate notice. Visits may also be for the arrangement and carrying out of property maintenance, or upon becoming aware of an incident, damage, disturbance, or an illegal act.
Emerge Aotearoa Housing Trust want to bring a representative from McBriony Thomas Investment Trust or The Helmore Group to regular inspections of the tenancy address and claim clause 18 of the head tenancy agreement requires them to do this. The tenant does not want a representative from McBriony Thomas Investment Trust or The Helmore Group to attend any inspections of the premises.
The landlord seeks a declaration from the Tribunal as to whether they may bring a representative from McBriony Thomas Investment Trust or The Helmore Group to inspections of the tenancy address.

THE LAW

Section 48 of the Residential Tenancy Act 1986 (RTA) relevantly states the following: 48Landlord’s right of entry (1)The landlord shall not enter the premises during the currency of the tenancy agreement, except – (a)with the consent of the tenant freely given at, or immediately before, the time of entry; or (b) in any of the circumstances described in subsections (2) to (3). (2)The landlord may enter the premises – (a)in any case of emergency; or (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; or ... (3)With the prior written consent of the tenant, the landlord may enter the premises at any reasonable time for the purpose of showing the premises - (a)to prospective tenants; or ... (f)to a person who is authorised to inspect the premises under any enactment.
Section 2 RTA defines a “landlord” as follows: landlord, in relation to any residential premises that are the subject of a tenancy agreement, means the grantor of a tenancy of the premises under the agreement; and, where appropriate, includes – (a) a prospective landlord; and (b) a former landlord; and (c) a lawful successor in title of a landlord to the premises; and (d) the personal representative of a deceased landlord; and (e) an agent of a landlord

ANALYSIS

Emerge Aotearoa Housing Trust have a tenancy manager department and property manager department within their organisation. For this reason, clause 4 of the subtenancy agreement refers to a tenancy manager or property manager visiting the tenancy address to complete inspections.
Clause 4 of the subtenancy agreement does not mention McBriony Thomas Investment Trust nor their agent The Helmore Group. Therefore, I find that the tenancy agreement does not empower McBriony Thomas Investment Trust or their agent The Helmore Group, to visit the premises to complete inspections. This is not the end of the matter however, as regard needs to also be had to the provisions of the Residential Tenancies Act 1986 (RTA), which further outline the rights and obligations of landlords and tenants.
When considering the subtenancy agreement between Emerge Aotearoa Housing Trust and Jason Green, Emerge Aotearoa Housing Trust is the “landlord” and Jason Green is the “tenant.” This is because Emerge Aotearoa Housing Trust grants Jason Green a tenancy of the premises under the subtenancy agreement. McBriony Thomas Investment Trust do not grant Jason Green a tenancy of the premises under the subtenancy agreement. This means that neither McBriony Thomas Investment Trust nor their agent, The Helmore Group, may inspect the premises by giving Jason Green 48 hours’ notice under section 48(2)(b) RTA. Only Emerge Aotearoa Housing Trust may do this.
The situation is differed when considering the head tenancy agreement between McBriony Thomas Investment Trust and Emerge Aotearoa Housing Trust. Under the head tenancy agreement, McBriony Thomas Investment Trust is the “landlord” and Emerge Aotearoa Housing Trust is the “tenant.” This is because McBriony Thomas Investment Trust grants Emerge Aotearoa Housing Trust a tenancy of the premises under the head tenancy agreement.
As a landlord under the head tenancy agreement, McBriony Thomas Investment Trust or their agent, The Helmore Group, is authorised to enter the premises by giving Emerge Aotearoa Housing Trust 48 hours’ notice under section 48(2)(b) RTA. Therefore, McBriony Thomas Investment Trust or their agent, The Helmore Group, constitute “a person who is authorised to inspect the premises under any enactment” in section 48(3)(f) RTA.
As “a person who is authorised to inspect the premises under any enactment,” McBriony Thomas Investment Trust or their agent, The Helmore Group, may enter the premises with Emerge Aotearoa Housing Trust for the purpose of being shown the premises at any reasonable time, provided Jason Green gives his prior consent. Mr Green’s consent may not be withheld unreasonably and may be subject to reasonable conditions. 1 NON-PUBLICATION
Clause 8 of the head tenancy agreement requires Emerge Aotearoa Housing Trust and McBriony Thomas Investment Trust to maintain the confidentiality of that agreement. As this decision refers to particulars contained in the head tenancy agreement, I have ordered that it not be published.

Tenancy Tribunal case 5246771 — 14-day notice at 16A Bidwell Place, Hillmorton, Christchurch 8025

At a glance

Tenancy Tribunal case 5246771 — 14-day notice at 16A Bidwell Place, Hillmorton, Christchurch 8025

At a glance

Claims & awards

Order

Reasons

BACKGROUND

THE LAW

ANALYSIS

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

BACKGROUND

THE LAW

ANALYSIS

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions