Tenant Ordered to Allow Landlord Access for Inspection
📌 In brief
The Tenancy Tribunal ordered the tenant to allow the landlord access to the premises for inspection after the tenant refused to comply with the Residential Tenancies Act 1986. The Tribunal found that the tenant had no reasonable excuse for denying access.
⚖️ Legal holding
A tenant must allow the landlord access to the premises for inspection under the Residential Tenancies Act 1986.
📖 What the law says
This rule explains when a landlord can enter a rented property. Generally, a landlord needs the tenant's permission, but they can also enter for inspections if they give the tenant proper notice (at least 48 hours but no more than 14 days beforehand) and only between 8 AM and 7 PM, and not more often than once every four weeks.
This rule gives the Tenancy Tribunal the power to resolve disagreements between landlords and tenants about their tenancy agreements. This includes deciding if a property is covered by the Act and if a tenancy agreement exists.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to allow the landlord access to the premises for inspection.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to allow the landlord access to the premises for inspection after the tenant refused to comply with the Residential Tenancies Act 1986. The Tribunal found that the tenant had no reasonable excuse for denying access.
📚 Full judgment Official document
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[2025] NZTT 5180171
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] is directed to grant access to the landlord for the purposes of inspection between 12pm and 3pm on Tuesday 20 May 2025.
2. [NAME] is to pay [COMPANY] As Agent For [NAME] $27.00 immediately.
Reasons:
1. Both parties attended the hearing.
2. The landlord claims that the tenant has refused to allow the landlord to inspect the premises. The landlord wants to inspect the premises to ascertain if there are any maintenance issues requiring attention and to view the state and condition of the premises.
3. On 30 January 2025, the landlord gave the tenant 14 days’ notice to remedy the breach under section 56(1) of the Residential Tenancies Act 1986. The tenant also changed the locks without the landlord’s permission and knowledge.
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4. Under section 48(2)(b) Residential Tenancies Act 1986 (‘RTA’), a landlord is entitled to enter the premises 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.
5. Section 48(4)(b) RTA provides that failure by the tenant, without reasonable excuse, to allow the landlord to enter upon the premises in any circumstances in which the landlord is entitled to enter under subsection (2) is an unlawful act.
6. No reasonable excuse has been given by the tenant for denying the landlord’s access to the premises under section 48(2)(b) RTA.
7. Notwithstanding the landlord’s 14-day breach notice being unremedied, the parties have today come to an agreement on the tenant allowing access to the landlord. The landlord is presently only seeking a Tribunal order for access to be granted.
8. Where the Tribunal finds the tenant has failed to comply with their obligations, including to allow the landlord access to the premises for the purposes of conducting property inspections, the Tribunal may order the tenant to do anything necessary to remedy the breach by that party of any express or implied provision of the tenancy agreement or any provision of the RTA, or to do anything that that party is required to do by any such provision. See section 77(2)(l) Residential Tenancies Act 1986.
9. I therefore order the tenant to comply with section 48(2)(b) RTA and direct the tenant to give access to the landlord accordingly.
10. Notice is hereby given that the landlord will be inspecting the premises on the above times and date.
11. For the avoidance of doubt, this order constitutes the required notice by the landlord under section 48(2)(b) RTA for the inspection to take place at that date and time.
12. I urge the tenant to allow the landlord access to the property as failure to do so may result in severe repercussions, including an award of exemplary damages (if sought by the landlord in future) and/or an application by the landlord to terminate the tenancy under section 56(1) RTA (if sought by the landlord).
13. The tenant also agreed to allow the landlord an opportunity to have a spare key to the premises being cut and kept by the landlord.
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14. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
J Tam
13 May 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 provided proper notice to the tenant for inspection as required by law.
- The tenant failed to provide a reasonable excuse for denying the landlord access.
- The tenant agreed to allow the landlord to inspect the premises during specified times.
- The tenant consented to the landlord having a spare key to the premises.
❌ Tends to be rejected
- The tenant refused to allow the landlord access to the premises without a valid reason.
- The tenant changed the locks without the landlord’s permission, hindering access.
- The tenant did not remediate the breach notice given by the landlord under the RTA.
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 refusing to allow the landlord access to the premises for inspection.
How did the court decide, and why?
The court decided that the tenant must allow the landlord access to the premises for inspection because the tenant had no reasonable excuse for denying access.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 48(2)(b) and 77(2)(l) were applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant had no reasonable excuse for denying the landlord access to the premises for inspection.
Was the decision for or against the person who brought the case?
The decision was for the landlord, who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they provide the landlord with access to the premises for inspection as required by the Residential Tenancies Act 1986.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.