The law says that tenants are entitled to the "quiet enjoyment" of their house or flat (s 38 RTA).
What is quiet enjoyment?
Quiet enjoyment means the quiet and peaceful possession and enjoyment of the place, without any interference or harassment by the landlord or other people who work for or represent them (s 38(2) RTA).
The landlord must also take reasonable steps to ensure that their other tenants don’t interfere with the tenant’s right to quiet enjoyment (s 45(e) RTA).
Not all disagreements between a landlord and tenant will be a breach of this rule. The Tenancy Tribunal has said that a breach of quiet enjoyment “requires more than a personality clash”.
Tenancy Tribunal Order 4172540, 4187504 para [61].
Tenants must also make sure they don’t interfere with the peace, quiet and privacy of their neighbours and other tenants. This doesn’t mean they can’t make any noise, but it’s about being reasonable.
Examples of possible breaches of right to quiet enjoyment
Common examples of when a tenant’s right to quiet enjoyment may be breached include:
- Landlord visits that are too frequent (eg, this might be because of a combination of lawful inspections, unexpected visits, coming to collect rent, maintenance or gardening).
- Threatening or aggressive behaviour by the landlord.
- Tours of the house by prospective buyers, if the house is up for sale.
- Renovations or building work that disturbs the tenant and are not part of the normal maintenance of the property.
- The landlord’s other tenants are disturbing the tenant’s peace.
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