When it’s the landlord breaching quiet enjoyment

If a landlord is visiting too regularly, the tenant can try to resolve this by working through the following steps:

• Check their rights regarding the regularity, timing and notice requirements for landlord visits.
• Keep a record of the amount of notice the landlord gives, and the time and purpose of each visit.
• Write a friendly letter to the landlord asking them not to visit so often.
• Issue a 14-day notice setting out the breaches of the tenancy agreement and / or RTA, and formally asking the landlord to stop.

If a landlord’s behaviour is intentional, persistent and particularly distressing to the tenant (or their guests / flatmates), this may amount to harassment.

The Tenancy Tribunal can order exemplary damages of up to $3000 to the tenant for harassment (s 38(3) and Schedule 1A RTA).

Harassment is more than insults and offensive remarks. It could include things like:

• unlawful entry or frequent visits,
• shutting off utilities (eg, electricity - see s 45(2) RTA),
• changing locks,
• verbal or physical threats,
• sexual harassment,
• refusing to accept rent payments,
• removing the tenant’s chattels, and
• trying to get the tenant to shift out without following the law.

If the landlord or property manager force their way inside the property (or threaten to), this is a serious offence. They can be imprisoned for up to 3 months, or fined up to $3,000 (ss 48(5) and 48(6) RTA).

To address harassment by the landlord, options for the tenant include:

• Write a letter to the landlord, asking them to stop the harassing behaviour.
• If the behaviour or activity continues, the tenant could issue a 14-day notice setting out the breaches of the tenancy agreement and / or the RTA, and formally ask them to stop the harassment. If the behaviour or activity continues, the tenant can then ask for assistance from the Tenancy Tribunal. This might include asking for an order to end the tenancy.
• If the harassment means that the tenant no longer wants to live there, they can give the landlord a 28-day notice to end their tenancy if they have a periodic lease.