Landlord ordered to pay compensation for unlawful entry and loss of enjoyment

A townhouse-style rental became the subject of a Tribunal ruling after tenants reported months of disruption from repair work and unlawful entry into their home without proper notice. They described tools inside bedrooms, building activity throughout the unit, and access at times when they were asleep or away.

The Tribunal found these conditions, combined with breaches of Healthy Homes Standards, serious enough to award the tenants $5,827, made up of $2,800 compensation, $1,500 exemplary damages for unlawful entry, $1,500 for Healthy Homes failures, plus filing fees.

Case study overview

This case involved a three-bedroom townhouse where several tenants lived through exterior and interior maintenance over a fourteen-week period. The tenants argued that noise, debris, and building activity reduced their ability to use their home and that the landlord entered the property without following access requirements. They also raised concerns about the property not meeting Healthy Homes obligations.

The Tribunal accepted these claims. It ordered compensation for loss of enjoyment, awarded exemplary damages for unlawful entry and for Healthy Homes non-compliance, and directed the landlord to reimburse filing fees.

Read the full decision here (PDF link)

Why this case matters

This ruling highlights how unlawful entry can influence a Tribunal outcome, even when building work is legitimate. Repair projects do not give a landlord or contractors unrestricted access inside a tenant’s home, and Healthy Homes duties apply alongside renovation plans, not after them.

Understanding the main issue

The primary issue cites unlawful entry during a period of renovation. While the property needed guttering, painting, and window work, the Tribunal found that access rules were not followed.

Tenants described being woken by the landlord inside the house, builders entering bedrooms, and interior access while no one was home, issues that highlight why structured property management services are critical during repair periods.

Unlawful entry incidents

There were several specific incidents considered. One occurred when a tenant sleeping in the lounge was woken by the landlord, who had entered to complete work. Another involved a builder using a tool to access a downstairs bedroom from outside.

The Tribunal also noted accounts of builders entering the interior on days when the tenants were away, and a previous incident admitted by the landlord when she left wine inside the home. These events met the threshold for unlawful entry.

Loss of enjoyment

During the same period, tools, scaffolding, sawdust, and building materials limited the tenants’ use of various rooms. Repair work ran for fourteen weeks, including exterior painting and window repairs that left gaps and exposed areas. It was then accepted that this disrupted normal living conditions and made parts of the home less enjoyable for tenants.

Healthy Homes non-compliance

The property was required to meet Healthy Homes Standards before the work began. Insulation, heating, draught stopping, moisture control, and ventilation were not compliant at the start of the tenancy.

After reassessment, heating and draught stopping still failed to meet the standard. Because the tenancy took place during this period of non-compliance, exemplary damages were awarded.

How tenants should handle unlawful entry

Keep evidence of unlawful entry & access, and transactions

The tenants supported their claims with photos and message records describing activity inside their home. Clear documentation served as solid grounds to establish a breach when presenting a case to the Tribunal, reinforcing why structured record-keeping guidance found in Staircase’s tenancy and investment guides matters.

Raise concerns early

During work hours, issues arose. Tenants who notice access problems or unusual entry should notify the landlord as soon as possible to avoid repeat incidents. It is best to promptly voice out concerns before they grow into larger issues.

How property managers should handle unlawful entry issues

Enforce notice requirements

Managers should ensure that only planned access occurs and that tenants are informed before anyone enters. The breaches in this case show how quickly problems can arise during repair work.

Control contractor access

Builders and tradespeople should be given clear limits. In this tenancy, internal rooms were accessed while tenants were asleep or away, which contributed to the unlawful entry finding.

Maintain  living conditions during repairs

The work continued across multiple weeks, and builders left items inside the home. Property managers should plan work phases so tenants can continue using their rooms safely.

Common mistakes that lead to disputes

This case revealed several recurring errors:

Assuming ongoing work removes access rules

Renovation did not justify entering bedrooms or waking tenants over a consistent fourteen-week period.

Unclear supervision of workers and the landlord

Builders moved freely inside without proper oversight.

Poor planning of the repair stages

The work lasted fourteen weeks and reduced the living space.

Lack of Healthy Homes compliance

The unit was not compliant before the tenancy start date.

Key points to remember about unlawful entry

Unlawful entry can significantly influence Tribunal decisions, especially when combined with other breaches. This case shows that tenants can succeed when they provide evidence of entry without notice, disruption to everyday living, and non-compliant conditions.

• Access rules apply during repairs

• Consent is still required

• Building work must be controlled

• Healthy Homes duties remain in force

• Discomfort and disruption can lead to awards

With structured systems and clear communication, landlords and property managers can reduce the risk of disputes caused by unmanaged access. Staircase provides practical documentation, notice processes, and repair planning that help prevent unlawful entry issues.

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