There are a number of reasons that a landlord and others need to access the inside of the house, including for regular inspections, repairs, and maintenance.
The tenant doesn’t have to be at home when the landlord or their agent(s) enter, as long as the correct notice or consent has been given.
If the landlord hasn’t given adequate notice, it's best to try to talk to them and to clarify the notice requirements. If that doesn’t work the tenant can apply for mediation or to the Tenancy Tribunal.
Quick tip
Landlords don’t have to give notice to come onto the land or grounds or common / shared areas (s 48(7) RTA). This usually happens when the landlord is doing maintenance on the house or property, such as pruning trees.
They are also allowed to knock on the door at any time (without coming inside). The landlord still has to respect the tenant’s peace, comfort and privacy, when they come onto the land.
Who is allowed to give notice or enter?
The rules around access also apply to “agents” of the landlord (s 2 RTA). Agents include property managers and other people under the control of the landlord, such as contractors.
How should notice be given?
Notice regarding access to the property can be given verbally or in writing. It can be given by the landlord, or their agent.
What are the penalties for ignoring these rules?
A landlord who enters the house or flat without following these rules commits an unlawful act and can have damages awarded against them of up to $1,500. Similarly, a tenant who, without reasonable excuse, doesn’t let a landlord come in when they are lawfully allowed to, commits an unlawful act and can be liable to pay up to $1,500 (s 48(3) RTA).
It's a serious offence if landlords or property managers force their way inside the property (or threaten to). They can be imprisoned for up to 3 months, or fined up to $3,000 (s 48(5) and (6) RTA).
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