Landlord's Application Dismissed for Improper Notices
📌 In brief
The Tenancy Tribunal dismissed the landlord's application because they did not follow the correct procedures for giving notices to the tenant. The landlord needed to provide proper notices for inspections and termination, but they failed to do so.
⚖️ Legal holding
A landlord must serve a proper notice of intention to inspect and a proper termination notice to meet the requirements under the Residential Tenancies Act 1986.
📖 What the law says
This rule states that a landlord generally cannot enter a rented property while someone is living there, unless the tenant agrees at the time of entry, or if there's an emergency. For inspections, the landlord must give the tenant a notice between 48 hours and 14 days beforehand, specifying a time between 8 AM and 7 PM, and can only do this once every four weeks.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant's application for access and possession was dismissed due to procedural errors.
📜 Headnote Official document
In this case, the Tenancy Tribunal dismissed the landlord's application for access and possession due to the landlord's failure to serve the tenant with proper notices as required by the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2026] NZTT 5507913
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], Mount Maunganui, Mount Maunganui 3116
ORDER
1. The application is dismissed.
Reasons:
1. Both parties attended the hearing via remote teleconference.
2. The landlord filed an application on 16 May 2026 seeking an order for access for a routine inspection. The landlord also seeks a possession order.
3. I held a short hearing with both parties today.
4. The landlord’s application has several shortcomings. They have not served the tenant with a proper notice of their intention to undertake an inspection. This must be done pursuant to section 48(2)(b) of the RTA.
5. The landlord also wishes to terminate the periodic tenancy but has failed to serve the tenant with a proper notice in the prescribed form.
6. The landlord was advised to look at the Tenancy Services website for information and a template for a 90-day termination of a periodic tenancy.
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7. The tenant stated that he may be prepared to vacate during the 90-day notice period but would like to receive a proper 90-day termination notice first, and one which meets the requirements under the RTA.
8. Based on the above the Tribunal is unable to make any orders in respect of what the landlord seeks.
9. Accordingly, the landlord’s application must be dismissed.
10. Because the landlord’s application has been unsuccessful I do not reimburse the filing fee.
M Manhire
18 June 2026
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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.
Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.
You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf
Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals
Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is less than $1000.
Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.
Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.
If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].
Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.
https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/
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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant wanted a proper 90-day termination notice before considering to vacate the property.
❌ Tends to be rejected
- The landlord applied for an inspection without serving a proper notice of intention to inspect.
- The landlord sought a possession order without providing a proper termination notice.
- The landlord failed to follow the correct procedures outlined in the Residential Tenancies Act 1986.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The landlord's application for access and possession was dismissed.
What was the dispute about?
The landlord wanted to inspect the property and terminate the tenancy but did not follow the correct procedures.
How did the court decide, and why?
The court decided to dismiss the application because the landlord did not serve the tenant with proper notices as required by law.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 48(2)(b) and 54 were applied.
What was the argument that mattered most?
The argument that mattered most was that the landlord failed to provide the tenant with proper notices as required by law.
Was the decision for or against the person who brought the case?
The decision was against the landlord who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they follow all the correct procedures for giving notices to tenants, including providing proper termination notices.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that mattered.