Knock Knock! Who’s Got Property Access Rights
Knowing when you can access your rental property and having a good understanding of both landlord and tenants rights and obligations when it comes to accessing a rental property is really important.
Entering a home without giving the required notice can lead to breakdowns in the relationship between property owners and tenants. The same can be said for when tenants make accessing a rental property difficult or try and impose challenging parameters for access.
The Residential Tenancies Act 1986 (RTA) outlines the rights and obligations of landlords and tenants regarding property access:
Section 48(1) and (2): Landlords are entitled to enter rental premises with the tenant's consent, in emergencies, or after giving proper notice for inspections, repairs, or maintenance.
Section 48(4)(b) and Schedule 1A: If a tenant unlawfully denies access without reasonable excuse, the act is considered unlawful, and exemplary damages up to $1,500 may be awarded. (The same exemplary damages amount applies to unlawful entry by the Landlord too)
Section 109(3): Exemplary damages may be awarded when an unlawful act is committed intentionally, considering the intent, the effect on the other party, and the public interest.
There are other parameters when it comes to marketing a property for sale or rent - the tenant only has to give 'reasonable' access to the property for viewings and does not have to allow open homes.
Owners looking to access the exterior of the property or grounds don't technically need to give notice of this - however our advice is always to give the tenants a heads up as a courtesy.
As always, ensuring both parties are understanding of their obligations and rights at the outset is key to ensuring everyone is on the same page and knows what to expect when it comes time to arrange an inspection or maintenance at a property etc.
Read more about access rights and obligations on the tenancy services website:
https://www.tenancy.govt.nz/maintenance-and-inspections/access/