Exemplary Damages and Unlawful Entry in Rental Properties
A landlord or contractor entering a rental property without following the required entry rules can amount to an unlawful act, even when the reason for entering is to carry out work.
In this Auckland case, the Tenancy Tribunal considered claims from both sides involving the tenancy, including an incident where a contractor entered the tenant's home without notice. The Tribunal ultimately ordered the landlord to pay $300 in exemplary damages.
Key Takeaways:
A contractor entered the tenant's home without notice while the tenant was absent.
The landlord accepted that the entry breached the right-of-entry requirements.
The Tribunal found the entry was an unlawful act and awarded $300 in exemplary damages.
Several applications by the landlord to terminate the tenancy were dismissed.
Other tenant claims involving power use and quiet enjoyment were also unsuccessful.
How did the dispute begin?
The fixed-term tenancy began in April 2025 and was due to continue until 24 April 2026. The tenant occupied the lower level of a two-storey detached home, while separate tenants lived upstairs.
The landlord applied to the Tenancy Tribunal in October 2025, seeking termination of the tenancy on several grounds. The tenant later filed a cross-application raising concerns of his own.
The landlord's claims centred on rent arrears and an alleged threat made by the tenant towards an upstairs neighbour. The tenant's claims included unlawful entry, concerns about power use and interference with quiet enjoyment.
This meant the Tribunal had to consider several separate events and determine which claims were supported by the evidence.
What did the Tribunal find?
The Tribunal reached different conclusions across the claims brought by the landlord and tenant.
Rent arrears and termination
The landlord's first termination claim did not meet the formal requirements for recidivist rent arrears notices. A separate termination attempt also failed. Although one notice had left $100 outstanding after the remedy period, the rent was up to date by the hearing and termination was considered disproportionate.
Tenancy Services states that repeated instances of overdue rent can lead to a Tenancy Tribunal termination application when the required notice process and conditions are met.
Alleged threat to a neighbour
The landlord also sought termination following an argument between the tenant and an upstairs neighbour. The Tribunal was not persuaded that the words used amounted to a specific threat. It also noted that the neighbour acknowledged provoking the exchange and later apologised.
Unlawful entry
The tenant established that a contractor entered the home without notice in June 2025 while the tenant was absent to install a heat pump. The landlord accepted that this breached the right-of-entry requirements. The Tribunal found that the incident amounted to an unlawful act.
Power use
The tenant was concerned that the upstairs occupants might have been drawing electricity through his supply. An electrical contractor investigated but could not access the upstairs unit. The Tribunal found there was insufficient evidence to establish the claim on the balance of probabilities.
Quiet enjoyment
The tenant also raised concerns about tree contractors working at the property for approximately five hours. The Tribunal found that this limited period of lawful activity did not amount to a breach of the tenant's right to quiet enjoyment.
What are the rules for entering a rental property?
Section 48 of the Residential Tenancies Act 1986 sets out when a landlord can enter rented premises. Depending on the purpose, entry may be allowed for:
Inspecting the property
Carrying out necessary repairs or maintenance
Completing work required to meet legal obligations
Showing the property to prospective tenants or buyers
Responding to an emergency
Different notice and consent requirements apply depending on the reason for access.
The Act also distinguishes between entering the tenant's home and accessing other parts of the property. As the Tribunal noted in this case, a landlord may knock on the door, deliver notices or be on the grounds for a legitimate purpose without necessarily entering the rented premises.
Entering the home without meeting the required conditions is different. Tenancy Services identifies unlawful entry as a breach that cannot be remedied after it has occurred.
For a similar example, see this unlawful entry Tenancy Tribunal case.
What led to the exemplary damages award?
The key incident occurred in June 2025 when a contractor entered the tenant's home to install a heat pump.
There had been no notice, and the tenant was not home at the time. The landlord accepted that the entry breached the requirements governing access to the premises.
The Tribunal then considered whether exemplary damages were appropriate.
Exemplary damages differ from ordinary compensation. They are intended to punish and deter unlawful conduct rather than simply reimburse someone for a financial loss. Tenancy Services describes exemplary damages as a penalty that the Tribunal can order for legal breaches.
When considering an award, the Tribunal looked at factors including:
The intention behind the unlawful act
The effect of the act
The interests of the tenant
The wider public interest
Whether making an award would be just
The Tribunal said the owner was deemed to know the legal obligations surrounding entry. This meant the breach could be treated as intentional even without evidence that the owner deliberately intended to break the law.
The effect on the tenant was considered relatively minor. However, the Tribunal also considered it important for landlords to comply with entry requirements and decided that a modest award was appropriate.
What did the Tenancy Tribunal decide?
The tenant succeeded on the unlawful entry claim but was unsuccessful on the claims involving power use and quiet enjoyment. The landlord's applications relating to termination and rent arrears were also dismissed.
The landlord was ordered to pay the tenant $300 in exemplary damages.
Both parties also sought reimbursement of their filing fees, but neither was considered wholly or substantially successful, so no filing fee award was made.
The tenant's application for name suppression was also dismissed on the same basis.
What can landlords take from this case?
Repairs and improvements still need to be coordinated within the rules governing entry.
A legitimate reason for accessing a rental property does not automatically give a landlord, owner or contractor permission to enter the tenant's home.
This case also shows why landlords should have a clear process for arranging access with tenants and contractors.
Practical steps include:
Give at least 24 hours' notice before entering to carry out necessary repairs or maintenance.
Give at least 48 hours' notice before a routine property inspection.
Make sure contractors know when they are permitted to enter and what access has been arranged.
Keep records of entry notices and communication with the tenant.
Check the specific entry requirements, as notice periods vary depending on the reason for access.
Keep supporting evidence when making or responding to Tribunal claims.
The wider decision also reinforces the importance of evidence. Several claims from both sides were dismissed because the Tribunal was not satisfied that the legal requirements or burden of proof had been met.
Managing access to a rental property
Property maintenance often requires tradespeople, inspections and other visits, but access needs to be managed alongside the tenant's rights under the tenancy.
Clear communication, proper notice and accurate records can help landlords coordinate necessary work without creating avoidable disputes about entry.
For landlords managing ongoing tenancy responsibilities, Staircase's property management guidance covers areas such as inspections, maintenance and day-to-day property management.
Frequently asked questions
Can a landlord enter a rental property without the tenant’s permission?
A landlord can enter without the tenant’s consent only in circumstances permitted under the Residential Tenancies Act 1986 and when the applicable notice requirements are followed. Emergency situations may also allow entry without prior notice.
How much notice must a landlord give before entering a rental property?
The required notice depends on the reason for entry. Inspections, repairs, maintenance and other types of access can have different notice requirements under Section 48 of the Residential Tenancies Act 1986.
Can a contractor enter a rental property without the tenant being home?
A tenant does not necessarily need to be home, but the landlord must still comply with the applicable entry and notice requirements. In this case, the contractor entered without notice while the tenant was absent, which the Tribunal found unlawful.
What are exemplary damages in a tenancy dispute?
Exemplary damages are intended to punish and deter unlawful conduct rather than compensate for financial loss. The Tenancy Tribunal can award them for specific unlawful acts under the Residential Tenancies Act.
Can unlawful entry result in exemplary damages?
Yes. Unlawful entry can be an unlawful act for which the Tenancy Tribunal may award exemplary damages. In this case, the landlord was ordered to pay $300 after a contractor entered the tenant’s home without notice.
What does quiet enjoyment mean for tenants?
Quiet enjoyment protects a tenant’s right to reasonable peace, comfort and privacy in their rental home. However, not every disturbance amounts to a breach. In this case, approximately five hours of lawful tree work was not considered a breach.
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