Learn under what reasons a landlord visit may occur, the length of notice required and what to do if landlord access is refused by the tenant. Find out more now.
Can a landlord visit their rental property to inspect it, make repairs or perform maintenance? Yes, they can, but adequate notice must be given to the tenant first, or they must have the permission of the tenant to do so. In the case of an emergency, or if they have a Tenancy Tribunal order, a landlord can also enter the property. Let’s look at landlord access rights in more detail.
Understanding the Rights for a Landlord Visit
When a property is rented out, it becomes the tenant’s home even though it belongs to the landlord. The tenant has the legal right to ‘quiet enjoyment’ of the property. This requires the landlord or their agent (property manager) to give the tenant notice that the property will be entered and why.
- Repairs and maintenance – at least 24 hours’ notice must be given before the landlord can enter the property. Access must only occur during the hours of 8 am and 7 pm.
- Property inspections – 48 hours’ notice, but not more than 14 days, is required before entering to commence a property inspection. The inspection must take place between 8 am and 7 pm and no more than once per month.
- Outdoor only landlord visit – no notice is required to come onto the property, as long as the landlord stays outside. However, the landlord must avoid interfering with the privacy, peace and comfort of the tenant.
- Emergency – in the event of a fire, a flood or other emergency, a landlord can enter their property without giving notice.
- Tenancy Tribunal – an order from the Tenancy Tribunal granting access also lets a landlord visit and enter the property without giving any notice.
Negotiating Access with a Tenant
Tenants occasional object to a landlord visit. Often this is due to their lack of understanding of the rules regarding their tenancy. However, sometimes tenants still refuse to allow access. This is when you may need to negotiate access for a time which best suits the tenant, or failing that, take them to the Tenancy Tribunal.
It is against the law to forcibly enter your rental property, so even if you have given notice and they still refuse, leave the property without forcing the issue. This is when having the services of a property manager is highly beneficial! Our Pay as You Go property management service is ideal for situations like these. We can help negotiate with your tenant and if needed, provide you with representation at the Tenancy Tribunal or mediation.
You can read more information on a landlord’s right of entry under the Residential Tenancies Act 1986. Alternatively, for assistance with managing your rental property’s access, contact our Auckland team today.
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