Tenant Awarded Compensation for Unlawful Entry by Landlord's Agent
📌 In brief
A tenant received compensation when a landlord's agent entered their home without telling them the real purpose. This happened while the property was being sold and misled the tenant about why someone was there to film the premises.
⚖️ Legal holding
A tenant is entitled to compensation when a landlord enters the premises without informing them of the true reason, even if consent would have been given.
📖 What the law says
This rule states that a landlord cannot enter a rented property while someone is living there, unless the tenant agrees right before or at the time of entry, or if there's an emergency. A landlord can also enter to inspect the property between 8 AM and 7 PM, but they must give the tenant a notice between 48 hours and 14 days beforehand, and they can only do this once every four weeks.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant was awarded compensation for the landlord's agent entering the premises without disclosing the true purpose of the visit.
📜 Headnote Official document
The claimant was awarded $328 in compensation after the landlord’s agent entered the premises without disclosing that it was for a prospective purchaser to view, breaching the Residential Tenancies Act. The Tribunal found that true consent requires disclosure of the actual reason.
📚 Full judgment Official document
OUTCOME: Allowed
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[2026] NZTT 5503855, 5517819
TENANCY TRIBUNAL AT NAPIER
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [RESPONDENT] and [NAME] [RESPONDENT] must pay [APPELLANT] $328.00 immediately, calculated as shown in the table below.
Description Landlord Tenant Compensation $300.00 Filing fee reimbursement $28.00 Total award $328.00 Total payable by Landlord to Tenant $328.00
Reasons:
1. All parties attended the hearing which was conducted remotely.
2. The tenant claims compensation for the landlords’ entry to the premises without consent or notice.
3. The landlords’ application is a rebuttal of the tenant’s claim.
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Law
4. 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 for inspections and repairs and maintenance under s48(1) and (2) of the Residential Tenancies Act 1986 (the Act).
5. Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00.
6. Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest.
7. A landlord, like any [NAME], will usually be responsible for the acts of their agent acting within the scope of their authority.
Background
8. The property was in the process of being sold and the tenant had received a termination notice.
9. On a Thursday the landlord’s agent messaged the tenant and asked if a building inspection could be done on the following Monday. The tenant agreed.
10. On the Monday, the agent arrived with another person who entered the premises and began filming them with his mobile telephone. He spent approximately 15 minutes doing so and then left.
11. It turns out that the other person was not conducting a building inspection. He was filming the premises for the prospective purchaser. A building inspection was undertaken later in the week.
12. The tenant says that he was misled and that his consent for entry to the premises was not informed consent and was not therefore real consent.
13. The tenant said that he felt upset by what occurred and that there was a breach of his privacy.
14. The landlords were not aware of any of this. It had been left to the agent to make any necessary arrangements. The landlords have gone out of their way to make the transition for the tenant (and other tenants of the adjoining premises) as easy as possible.
15. The tenant said that if he had known the true nature of the visit, he would still have consented to it. He also confirmed that he was aware at the time that the other person was filming the premises.
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Discussion and Decision
16. The agent did not give notice of the entry. She asked the tenant if would permit the entry. Section 48(3) provides for this by allowing entry with the tenant’s consent for a prospective purchaser to view the premises or for an expert to evaluate the premises, among other reasons. The tenant must not unreasonably refuse permission.
17. In this case the entry was for a prospective purchaser to view the premises, albeit remotely. The tenant would have given consent in either case, but he was not told the true reason for the entry. That is what he is upset about.
18. In my view the Act requires the true reason to be given. It is not enough to say that the tenant would have given consent to the entry if he had been told the true reason. The tenant is entitled to know the true reason. The landlord is not to know whether giving the true reason would make a difference. I agree with the tenant that consent given to entry when the reason given is not the true reason is not informed or true consent.
19. It follows that I find that there has been a breach of the Act in relation to the entry.
20. The landlords played no direct part in this but the actions of the agent, whether they were intentional or not, sheet home to the landlords.
21. There is no question of awarding exemplary damages because the breach was not the result of the landlords’ intentional act. But I can consider awarding compensation.
22. The tenant’s very honest avowal that he would have given his consent if he had been aware of the true reason for the entry is relevant to the issue of compensation. As is the tenant’s knowledge that the other person was filming the premises.
23. But I accept that the tenant has been upset by the misrepresentation of the purpose of the visit on top of the stress of having to move homes, and some modest compensation is justified. I have awarded $300. I have also awarded the filing fee.
[NAME]
09 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:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Tenancy Terminated Due to Abandonment and Rent Arrears
- Tenancy Tribunal Tenant’s Tenancy Terminated Due to Abandonment and Rent Arrears
- Tenancy Tribunal Conditional Termination Order Allows Tenant to Stay
- Tenancy Tribunal Tenant Ordered to Pay Landlord $839.79 for Rent Arrears and Costs
- Tenancy Tribunal Tenant Wins Compensation for Landlord's Failure to Maintain Property
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Damages
- Tenancy Tribunal Landlord Fails to Notify Tenants About Sale; Tribunal Awards Damages
- Tenancy Tribunal Tenant Ordered to Vacate Premises and Pay Damages
- Tenancy Tribunal Tenant Ordered to Pay $6,188.55 for Damages and Non-Compliance
- Tenancy Tribunal Tenant Ordered to Pay Landlord $3,519.97 for Rent Arrears and Damage
- Tenancy Tribunal Tenancy Tribunal Orders Tenant to Pay Rent Arrears and Damages
- Tenancy Tribunal Tenancy Terminated for Tenant’s Abandonment and Rent Arrears
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant is entitled to compensation when a landlord enters the premises without informing them of the true reason.
- A tenant is entitled to compensation when a landlord fails to maintain premises in a reasonable state of repair.
- A tenant is entitled to exemplary damages and compensation when a landlord fails to comply with their obligations under 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 claimant received compensation for the landlord's agent entering the premises without disclosing the true reason.
Who was involved?
A tenant and a landlord, with an agent acting on behalf of the landlord.
How did the court decide, and why?
The Tribunal ruled that consent must be informed to comply with the Residential Tenancies Act, awarding compensation for misleading entry.
Which laws or rules were applied?
Residential Tenancies Act 1986, section 48(3).
What was the argument that mattered most?
The claimant argued that true consent requires disclosure of the actual reason for entering the premises.
Was the decision for or against the person who brought the case?
For the tenant, as they received compensation.
What does this mean for someone in a similar situation?
Tenants can seek compensation if their consent to entry was not informed of the true purpose.
What evidence or documents mattered?
The claimant's testimony and the agent's actions were key.
Can a decision like this be appealed?
Yes, but only on grounds of substantial wrong or new evidence within 10 working days.
Is it worth getting a lawyer for a case like this?
It is advisable to consult with a qualified lawyer for legal advice and representation.