Tenant Awarded Compensation for Unlawful Entry and Inadequate Notice
📌 In brief
The Tenancy Tribunal ruled in favour of the tenant, awarding compensation for unlawful entry into the property, repairs and maintenance issues, and insufficient notice given to terminate the tenancy. The landlord's claims were dismissed.
⚖️ Legal holding
A tenant is entitled to compensation for breaches of the Residential Tenancies Act 1986, including unlawful entry and inadequate notice to terminate the tenancy.
📖 What the law says
This rule states that a landlord must provide and maintain the rental property in a reasonable state of repair and cleanliness. It also requires the landlord to compensate the tenant for reasonable repair expenses if the disrepair wasn't caused by the tenant.
This rule explains when a landlord can enter a rental property. Generally, a landlord needs the tenant's consent, unless there's an emergency or they've given proper notice (at least 48 hours but no more than 14 days) for an inspection, which can't be more often than once every four weeks.
This rule sets out the minimum notice periods a landlord must give to end a tenancy. For example, if the landlord or a family member needs to live in the property, or if the property is for an employee, 42 days' notice is required.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal awarded compensation to the tenant for unlawful entry, repairs and maintenance, and insufficient notice to terminate the tenancy.
📜 Headnote Official document
The Tenancy Tribunal awarded compensation to the tenant for unlawful entry, repairs and maintenance, and insufficient notice to terminate the tenancy. The landlord's claims were dismissed.
📚 Full judgment Official document
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[2025] NZTT 5036450, 5046608
TENANCY TRIBUNAL - [Event location suppressed]
APPLICANT AND CROSS APPLICATION RESPONDENCT:
[COMPANY]
Landlord
RESPONDENT AND CROSS APPLICATION APPLICANT:
[redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
2. [COMPANY] must pay [The tenant/s] $1,900.00 immediately, calculated as shown in table below.1
Description Tenant Compensation: Repairs & Maintenance $650.00 Compensation: Unlawful Entry $750.00 Compensation: Insufficient Notice to Terminate $500.00 Total award $1,900.00
3. [COMPANY] is to pay the bond of $902.50 ([Bond number suppressed]) to [The tenant/s] immediately.
4. The Landlord’s claims are dismissed.
5. The Tenant’s claim in relation to a heat pump is dismissed.
1 The Tribunal has recalled the Order issued on 17 February to amend a typographical error. The amendment has been made and the Order reissued on 25 March 2025.
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Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Some of the landlord’s claims had been resolved before the hearing. The only issues for me to consider were cleaning costs and some painting work.
3. The tenants have applied for compensation for unlawful entry, repairs & maintenance, and an improper notice to terminate the tenancy.
The Landlord Claims
Did the tenant comply with their obligations at the end of the tenancy?
4. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit.
5. The landlord claims that the tenant did not leave the premises reasonably clean and tidy. The standard is not commercially clean or pristine. The test is an objective one, were the premises “reasonably clean”?
6. The photographs provided by the landlord and the outgoing inspection report, tend to show that the property was reasonably clean. The landlord has not proved this aspect of its claim. It is dismissed.
Is the tenant responsible for the damage to the premises?
7. A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
8. The landlord claimed $402.50 for painting in the garage. The in-going inspection notes record that there is damage to the garage walls consistent with normal wear and tear. There was no evidence that the wall damage was worse at the end of this tenancy. The claim is dismissed.
Tenant Claims
Repair & Maintenance
9. The tenant claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
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10. Under section 45, a landlord must provide and maintain the premises in a reasonable state of repair.
11. The tenant raised an issue with the cook top shortly after it moved in in October 2023. The landlord arranged a [NAME] promptly. The [NAME] could not repair the cooktop and advised the landlord that two of the four burners were not working. He recommended that the landlord contact the [NAME].
12. The landlord did not arrange for repairs or a replacement stovetop until February 2024. The cook top was not working properly for 13 weeks. The landlord did not act promptly to complete repairs. I award the tenant compensation of $650 (equal to a rent rebate of $50 per week) for the inconvenience.
13. The tenant also claims that the landlord did not maintain the heat pump at the premises. The tenant says it is now aware that the heat pump might not have been serviced before this tenancy, because its current landlord provided evidence of heat pump servicing with its in-going inspection report.
14. The tenant says that the information provided by its current landlord leads the tenant to believe that it (and family members) was sick throughout this tenancy because the heat pump was not properly maintained.
15. There is no evidence of any issue with the heat pump during the tenancy. The tenant did not raise any concerns with moisture, draughts, cold premises, or inadequate heating during the tenancy. Further the evidence of illness is a list of four Doctors visits from April to October 2024 (2 after the tenancy ended), with no explanation regarding the reason for the visit.
16. The tenant has not proved that the landlord has breached any obligation in relation to the heat pump. The claim is dismissed.
Unlawful Entry
17. [The tenant/s] claims the landlord has entered the premises without consent or notice.
18. A landlord may not enter the premises during the tenancy except with the tenant's consent, in an emergency, or after giving the required notice under s48 Residential Tenancies Act 1986.
19. With the prior consent of the tenant, the landlord may enter premises for the purposes of showing prospective purchasers. The tenant must not unreasonably withhold consent. See s48(3) Residential Tenancies Act.
20. The landlord gave notice that it intended to show the property to a prospective purchaser on 6 September. The tenant replied that they were away for two
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weeks and did not want anyone to access the property during that period for security reasons. The landlord ignored the tenant’s request and allowed a purchaser through the property.
21. The landlord did not have consent and the tenant’s request to wait until it returned was reasonable. I award the tenant compensation of $750, as claimed.
Notice to Terminate the Tenancy
22. Under Section 60AA a landlord must not give a notice to terminate the tenancy or apply to the Tribunal for such an order, knowing they are not entitled to do so. During this tenancy, a landlord could not give a 90-day termination notice without a valid reason under s 51(1) or (2) Residential Tenancies Act 1986.
23. The landlord purported to give the tenant 90 days’ notice to terminate the tenancy on 29 August 2024. The notice did not provide a reason for termination and stated that the last day of the tenancy would be 24 October 2024. That is, the landlord provided 56 days’ notice to end the tenancy.
24. The landlord breached section 51 by failing to provide a notice in the correct form and for the correct notice period.
25. The tenant claimed compensation of $2,250 for the invalid notice. The amount was based on reduced earnings. However, the tenant did not properly explain how the amounts were calculated and, at least some the reduced earnings, seem to be in the period that the tenant was overseas.
26. I award the tenant compensation of $500 for inconvenience for the landlord’s breach in relation to the notice to terminate.
27. As both parties were partially successful, I did not award reimbursement of either Tribunal application fee. Overall, the tenants were the substantially successful party, so I have granted their request for suppression of their details.
[NAME] 17 February 2025
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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 for the payment of less than $1000 • a final order to undertake work worth 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 landlord failed to act quickly to fix the cooktop, which was not working properly for 13 weeks.
- The landlord allowed a prospective purchaser to enter the property despite the tenant's reasonable request to wait.
- The landlord's notice to terminate the tenancy did not provide a valid reason and was for an incorrect period.
- The damage to the garage walls was consistent with normal wear and tear.
❌ Tends to be rejected
- The tenant's claim for compensation for the invalid termination notice was not properly explained.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal awarded compensation to the tenant for unlawful entry, repairs and maintenance, and insufficient notice to terminate the tenancy.
What was the dispute about?
The dispute was over the landlord entering the property without consent, failure to maintain the premises, and providing insufficient notice to terminate the tenancy.
How did the court decide, and why?
The court decided in favour of the tenant because the landlord failed to provide adequate notice and entered the property unlawfully, breaching the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 45, 48, 51, and 60AA were applied.
What was the argument that mattered most?
The argument that mattered most was that the landlord entered the property without consent, which is a breach of the Residential Tenancies Act 1986.
Was the decision for or against the person who brought the case?
The decision was for the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they receive proper notice and consent when entering a property, and maintain the premises according to the Residential Tenancies Act 1986.
What evidence or documents mattered?
Photographs provided by the landlord and the outgoing inspection report were considered important evidence.