Tribunal Orders Tenant to Allow Landlord Access for Inspection in Auckland
📌 In brief
A tenant was ordered by the Tenancy Tribunal to let the landlord enter their home for an inspection after refusing multiple notices. This decision highlights the importance of complying with legal requirements and respecting property rights under New Zealand law.
⚖️ Legal holding
A landlord is entitled to enter residential premises for inspection if proper notice has been given and the tenant unreasonably refuses entry.
📖 What the law says
This rule says that a landlord generally cannot enter a rented property while someone is living there, unless the tenant agrees or there's an emergency. However, a landlord can enter to inspect the property between 8 AM and 7 PM if they give the tenant notice at least 48 hours but no more than 14 days beforehand, and they can't do this more often than once every four weeks.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered a tenant to allow access for inspection.
📜 Headnote Official document
The Tenant refused to allow the Landlord entry despite proper notice under Section 48 of the Residential Tenancies Act. The Tribunal ordered the Tenant to permit inspection on a specific date, with penalties for non-compliance.
📚 Full judgment Official document
OUTCOME: Allowed
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[2026] NZTT 5485369
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenant must allow the landlord access to the premises at 11:00 am on Thursday 18 June 2026 for the purposes of inspection.
2. If the tenant fails to allow access to the premises, the landlord can engage a [NAME] to enter the premises. Any associated costs with changing the lock due to non-compliance with Order 1 can be charged against the tenant as rent in arrears and enforced accordingly.
Reasons:
1. The landlord attended the hearing via videoconference. The tenant did not.
2. The landlord claimed that the tenant, without reasonable excuse, failed to allow the landlord to enter the premises despite having given proper notice under section 48 of the Residential Tenancies Act 1986.
3. The landlord provided evidence of having provided at least six inspection notices and two 14-day notices to gain entry for the purposes of inspection. However, the tenant did not allow entry once.
4. Therefore, the landlord had to resort to applying to the Tribunal for an order for access.
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5. From the evidence provided, it seems that there are potential health and safety issues currently at the premises. It is important that the landlord is able to inspect the premises.
6. Therefore, I order for the tenant to allow the landlord access to the premises at 11:00 am on Thursday 18 June 2026.
7. If the tenant refuses to allow entry to the landlord at that time, the landlord can seek the assistance of a [NAME] to enter the premises. Any associated costs can be charged against the tenant as rent in arrears and enforced accordingly.
[NAME]
04 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 Tenant Granted Conditional Termination Order for Rent Arrears in Auckland
- Tenancy Tribunal Tribunal Ends Tenancy Due to Abandonment and Unpaid Rent in Auckland
- Tenancy Tribunal Tenant ordered to pay £3,600 in rent arrears in Auckland
- Tenancy Tribunal Tribunal allows landlord's claim for £7,228 in rent arrears in Auckland
- Tenancy Tribunal Tribunal awards $839.79 to landlord for rent arrears and fees in Auckland
- Tenancy Tribunal Tribunal Terminates Tenancy in Auckland Due to $2000+ Rent Arrears
- Tenancy Tribunal Tenant Ordered to Pay $1,861.47 for End-of-Tenancy Obligation Breach in Auc…
- Tenancy Tribunal Tenant Granted Conditional Termination Order to Avoid Eviction in Auckland
- Tenancy Tribunal Tenant ordered to pay $1,164.50 for rent and damages in Auckland
- Tenancy Tribunal Tribunal Orders Landlord to Reimburse Tenant’s $2,000 Bond and $28 Filing F…
- Tenancy Tribunal Tenant Declared in Breach for Unclean Premises and Unregistered Dog in Chri…
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 complied with reasonable conditions set by the landlord.
- The tenant agreed to pay arrears and comply with specified conditions.
- The tenant paid outstanding rent and returned the bond without disputes over damages.
- A tenant's failure to pay rent justifies termination of tenancy under the Residential Tenancies Act 1986.
- The tenant is required to leave the premises clean, tidy, and in good condition.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the tenant to allow the landlord access to the premises for inspection.
What was the dispute about?
The dispute was about the tenant denying the landlord access to inspect the premises despite receiving proper notice.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant failed to comply with multiple inspection notices under the Residential Tenancies Act 1986.
Which laws or rules were applied?
Section 48 of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The most critical argument was that the tenant had received proper notice under the Residential Tenancies Act 1986 and had failed to comply with multiple inspection requests.
Was the decision for or against the person who brought the case?
The decision was for the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they comply with inspection notices to avoid facing similar consequences.
What evidence or documents mattered?
The evidence included multiple inspection notices and the denial of access by the tenant.