Tenant refused access, Tenancy Tribunal grants possession to landlord
📌 In brief
The Tenancy Tribunal granted the landlord possession of the premises because the tenant refused to allow access for maintenance and the landlord wanted to renovate the property.
⚖️ Legal holding
A landlord is entitled to possession of the premises if the tenant refuses access for maintenance and the landlord intends to renovate the property.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a landlord's notice to end a tenancy if the tenant believes the landlord gave the notice because the tenant complained or tried to use their rights as a tenant.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal granted possession to the landlord due to the tenant's refusal to allow access for maintenance and the landlord's intention to renovate the property.
📜 Headnote Official document
The Tenancy Tribunal granted possession to the landlord after the tenant refused to allow access for maintenance and the landlord intended to carry out extensive renovations within 90 days of the tenancy's termination.
📚 Full judgment Official document
__________________________________________________________________________________ 5150572 1
[2025] NZTT 5150572, 5078448
TENANCY TRIBUNAL - Remote Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
[COMPANY] is granted possession of the premises at [ADDRESS], [POSTCODE] immediately.
Reasons:
1. Only the landlord attended the hearing. Calls to the tenant went unanswered.
2. The landlord has applied for possession of the premises following the termination of the tenancy.
3. The tenancy ended on 21 January 2025, by 90 days’ notice issued by the landlord pursuant to section 51(2)(f) Residential Tenancies Act 1986.
4. The landlord wants to carry out extensive alterations and refurbishment work to the property within 90 days from termination of the periodic tenancy. The tenant has also refused to allow access to the landlord whether for inspections or maintenance to be carried out.
[NAME]
__________________________________________________________________________________ 5150572 2
24 February 2025
__________________________________________________________________________________ 5150572 3
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/
__________________________________________________________________________________ 5150572 4
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 end the tenancy.
- The landlord intends to renovate the property within 90 days after the tenancy ended.
- The tenant refused to allow the landlord access for inspections and maintenance.
❌ Tends to be rejected
- The tenant did not attend the hearing and did not provide any counter-arguments or evidence.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal granted possession of the premises to the landlord immediately.
What was the dispute about?
The dispute was about the landlord's request for possession of the premises due to the tenant's refusal to allow access for maintenance and the landlord's intention to renovate the property.
How did the court decide, and why?
The court decided to grant possession to the landlord because the tenant had refused to allow access for maintenance and the landlord needed to carry out extensive renovations.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 54, was applied.
What was the argument that mattered most?
The most important argument was the tenant's refusal to allow access for maintenance and the landlord's need to renovate the property.
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 might also have their tenancy terminated if they refuse to allow access for maintenance and the landlord needs to renovate the property.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.