My Tenant Has Refused Access: Understanding a Landlord’s Right of Entry

 

Has your tenant refused access to the inside of your rental property? We explain a landlord’s right of entry and the times when you can legally enter the property, and the times when your tenant can refuse access too.

What can you do if your tenant has refused access? Can you use your own key and enter the property? Do you need to contact the Tenancy Tribunal or property manager? Or is this a police matter? Today we will explain the landlord’s right of entry and identify the times you can enter your rental property legally.

Help! My Tenant Has Refused Access: What Can I Do?

It doesn’t happen often, but sometimes you’ll get a tenant who refuses to allow you into the property. As it is their home, they may be of the opinion that they can prevent you from coming in. While you don’t need to give access if you want to go on the grounds of the rental, you must do so if you want to enter the building. The Residential Tenancies Act 1986 specifically states a landlord’s right of entry, and we recommend you refer to this to get the whole picture.

In general terms though, as a landlord, you have the right to enter the property for:

•   Inspections, where at least 48 hours (but no more than 14 days) notice has been given, and between the hours of 8am-7pm
•   Maintenance, where at least 24 hours notice has been given, and between the hours of 8am-7pm
•   Cosmetic improvements when a mutually agreed time has been discussed and approved
•   Emergencies, including fire or flood without giving notice
•   Checking if the tenant has completed work required of them, with at least 48 hours noticeand only between 8am-7pm
•   Tenancy Tribunal orders, where you have been given an order that allows entry
•   Showing potential new tenants or buyers through, with the tenant’s consent and approvedtimes or conditions

  There are also some other times a landlord can legally access a rental, and these can be seen in the full Residential Tenancies Act 1986 document.

  When Can My Tenant Refuse Me Access?

  Your tenant can refuse you access to inside the property if:

•   You have not given them the required amount of notice and it is not an emergency
•   OR you must have the permission of the tenant to enter without giving noticeThe Residential Tenancies Act 1986 does state that the tenant cannot be unreasonable in withholding consent to access the property, but that they can give consent with reasonable conditions attached.

  As a landlord, you cannot use force to enter the property while the tenant, or someone they have permitted to be there, is inside. We suggest that you leave the property and engage the services of a property manager who can assist with issuing a 14-day tenancy breach notice. For further information, please read our article Landlord Access: When Can a Landlord Visit a Rental or contact us today.