Tribunal Grants Landlord Access to Repair Deck After Proper Notice
📌 In brief
The Tenancy Tribunal ruled that the landlord could enter the property to repair the deck after giving proper notice to the tenant. The ruling was based on the Residential Tenancies Act 1986.
⚖️ Legal holding
A landlord is entitled to enter the premises for repairs after providing proper notice under the Residential Tenancies Act 1986.
📖 What the law says
This rule explains when a landlord can enter a rented property. Generally, a landlord cannot enter unless the tenant agrees, 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 notice at least 48 hours beforehand, but no more than 14 days, and they can only do this once every four weeks.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal granted the landlord access to repair the deck, subject to specific conditions.
📜 Headnote Official document
The Tenancy Tribunal granted the landlord access to repair the deck at a specified address, subject to certain conditions including specific dates and times, after the landlord provided proper notice to the tenant. The decision was based on the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5196951
TENANCY TRIBUNAL AT AUCKLAND | TE TARAIPIUNARA RETIHANGA KI TĀMAKI MAKAURAU
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [COMPANY] is granted access to [ADDRESS], [POSTCODE] for the purpose of undertaking repairs to the deck, pursuant to section 48(2)(d) of the Residential Tenancies Act, 1986 between the hours of 8.00 am and 5.00 pm on all of the following dates (if required):
a. Friday 2 May 2025,
b. Saturday 3 May 2025, and
c. Monday 5 May 2025.
Reasons:
1. Both parties attended the hearing.
2. [COMPANY] claim that on 23 January 2025 [COMPANY] gave the tenant notice that they would be entering the premises for the purpose of undertaking repairs to the deck on 28 January 2025. [COMPANY] claim that when their trades-persons attended on 28 January 2025 they were “denied access”. How the trades-persons were denied access was not explained.
3. [NAME] explained that he has concerns about the condition of the deck and he wants it repaired. [NAME] stated that he has
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reservations about [COMPANY]’ trades-person’s qualifications.
4. Because a landlord’s trades-person is in the service of the landlord, they are not required to satisfy a tenant as to their qualifications.
5. A landlord may enter the premises for the purpose of carrying out necessary repairs or necessary maintenance of the premises, at any time between 8 o’clock in the morning and 7 o’clock in the evening of any day, after giving to the tenant notice of the intended entry and the reason for it at least 24 hours before the intended entry.
6. For the sake of clarity, I have set out the days on which [NAME] can expect trades-persons from [COMPANY] to be onsite repairing the deck. Further notice pursuant to the Residential Tenancies Act, 1986 is not required for these three days.
7. For future works, the usual statutory notice requirements must be adhered to.
8. Not allowing a landlord access for repairs after the correct notice has been given, is a breach of section 48 of the RTA. I find this breach proved.
9. The landlord is not seeking exemplary damages for [NAME]’s breach and none are awarded.
C Lamdin
15 April 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 before entering the premises for repairs.
- The landlord is entitled to enter the premises for necessary repairs under the Residential Tenancies Act 1986.
- The tenant's reservations about the trades-person's qualifications do not prevent the landlord from accessing the property.
- The landlord does not need to provide further notice for the specified dates once initial notice is given.
❌ Tends to be rejected
- The tenant denied access to the landlord's trades-person without explaining how access was denied.
- The tenant's concerns about the condition of the deck and the qualifications of the trades-person were not sufficient reasons to deny access.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal granted the landlord access to repair the deck at specific times and dates after the landlord provided proper notice to the tenant.
What was the dispute about?
The dispute was about whether the landlord could enter the property to repair the deck without breaching the Residential Tenancies Act 1bk6.
How did the court decide, and why?
The court decided in favour of the landlord, stating that the landlord had the right to enter the premises for repairs after providing proper notice to the tenant.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 48, was applied.
What was the argument that mattered most?
The argument that mattered most was that the landlord had given proper notice to the tenant, allowing the landlord to enter the premises for repairs.
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?
For someone in a similar situation, the landlord must provide proper notice to the tenant before entering the premises for repairs.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.