Ideally the landlord should make sure all necessary maintenance, repairs and cleaning is done before the tenant moves in. If work does need to be done to a tenanted property then the landlord has an obligation to ensure the tenant’s quiet enjoyment of the property (s 38 RTA). Any work which needs to be done on a rental property should be done in a way which minimises disruption to the tenant.
Necessary repair work
If repairs or maintenance are necessary during the tenancy the landlord has an obligation to ensure the tenant’s quiet enjoyment of the property.
The landlord should talk to the tenant about how any necessary work can be done in a way which minimises disruption to the tenant and respects their peace or privacy.
The landlord should communicate with the tenant about the need for the work and agree on a suitable schedule, such as no work on the weekends and set start and finish times, and agree that access to the premises is unimpeded. Regardless, the landlord is required to give a notice period of not less than 24 hours before they enter the house or flat or to carry out repairs or maintenance (s 48(d) RTA).
If the work is substantial or ongoing, such as exterior painting then it is reasonable for the tenant to ask for a rent reduction to make up for the ongoing inconvenience and to compensate for any costs incurred by the tenant by the use of power and/or water during the work.
Responsibility for tidiness and damage
If the landlord is undertaking necessary maintenance or repairs, then they are responsible for ensuring that the work is done in a way which minimises disruption to the tenant. This means that they need to ensure they - or their workers - keep any worksite as clean and tidy as possible, remove rubbish regularly and ensure that dust and any other impacts of work are regularly tidied.
The landlord must take reasonable steps to ensure that no damage occurs to the property of the tenant and should compensate them is their property is intentionally or carelessly damaged.
Substantial disruption caused by repair work
If the repair work is going to cause substantial disruption and make it difficult for the tenant to continue living in the premises (for example if the power or water are going to be off for substantial periods) then there are two options:
- The landlord can end a periodic tenancy with 90 days’ notice if it would not be practical for the tenant to remain in the property.
- The landlord could offer to provide or pay for equivalent accommodation during the work period. If the tenant does not want to take up this offer then they could end the tenancy, either by giving notice, if on a periodic tenancy, seeking the landlord’s agreement to end a fixed term tenancy or applying to the Tenancy Tribunal to end the tenancy early.
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