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tenancy

Tenant rights during open homes and property viewings

Key Takeaway

Tenants in New Zealand have specific rights regarding open homes and property viewings. Landlords must provide at least 24 hours' notice before showing the property to prospective tenants or buyers and must do so at reasonable intervals and times. Tenants are entitled to quiet enjoyment of their home and can refuse unlawful entry.

Tenant Rights During Open Homes and Property Viewings in New Zealand

Residential tenancy law in New Zealand outlines the rights and obligations of both landlords and tenants regarding property access, including for open homes and viewings. These rules aim to balance a landlord's need to show their property with a tenant's right to peace, comfort, and privacy.

Landlord's Right to Enter the Premises

A landlord, which is the owner or manager of a rental property, may enter the rented premises for specific reasons as defined by law. These reasons include inspecting the property, carrying out repairs, or showing the premises to prospective tenants or purchasers [Source: Residential Tenancies Act 1986, s 48(1)].

Specific Rules for Property Viewings and Open Homes

When a landlord wishes to show the premises to prospective tenants or purchasers (often referred to as open homes or viewings), specific conditions must be met:

Notice Requirements

The landlord must provide the tenant with at least 24 hours' prior notice before each entry for the purpose of showing the premises to prospective tenants or purchasers [Source: Residential Tenancies Act 1986, s 48(3)(a)]. This notice must be given in advance.

Reasonable Intervals and Times

Entries for showing the property must occur "at reasonable intervals" [Source: Residential Tenancies Act 1986, s 48(3)(a)]. This means that landlords cannot demand excessively frequent viewings. All entries must also take place at a reasonable time of the day, which may be specified in the tenancy agreement or agreed upon by the landlord and tenant. If no agreement exists, reasonable hours are generally considered to be between 8am and 6pm [Source: Residential Tenancies Act 1986, s 48(7)(b)].

Tenant's Right to Quiet Enjoyment

Tenants have a right to "quiet enjoyment" of their premises, meaning they are entitled to live in their rented property without unreasonable interference from the landlord or others [Source: Residential Tenancies Act 1986, s 48(7)(c)]. During property viewings, the landlord must ensure that their actions, or the actions of those viewing the property, do not cause or permit any undue interference with the tenant's peace, comfort, or privacy.

Entry with Tenant Consent

A landlord may enter the premises at any time if they have the express or implied consent of the tenant [Source: Residential Tenancies Act 1986, s 48(4)]. This means a tenant can agree to different viewing arrangements if they choose to do so.

Tenant's Rights and Obligations

Refusing Unlawful Entry

Tenants are not obligated to allow entry if the landlord has not complied with the legal notice requirements or if the proposed entry is unreasonable in terms of time or frequency [Source: Residential Tenancies Act 1986, s 48(7)]. If a landlord attempts to enter without proper notice or valid reason, the tenant has the right to refuse entry.

Cooperating with Lawful Entry

If the landlord adheres to all legal requirements for entry, including notice and reasonable timing, the tenant generally has an obligation to allow access. Refusing lawful entry without reasonable cause may be considered a breach of the tenancy agreement, which could lead to an application to the Tenancy Tribunal by the landlord.

Protection of Personal Belongings

While the Act does not specifically detail tenant actions during viewings, tenants typically retain control over their personal belongings. Tenants may secure valuables or remove items they prefer not to be seen during viewings.

Breaches and Remedies

If a landlord breaches the rules regarding entry, for example, by entering without proper notice or causing undue interference, this may constitute an "unlawful act" under the Residential Tenancies Act 1986. An unlawful act is an action that breaches the Act and may result in penalties or compensation awarded by the Tenancy Tribunal, which is an independent judicial body that resolves disputes between landlords and tenants. Conversely, if a tenant unlawfully refuses a landlord's legitimate request for entry, the landlord may also apply to the Tenancy Tribunal for a remedy [Source: Residential Tenancies Act 1986, Part 4, particularly s 77 for unlawful acts relating to entry, and s 78A for exemplary damages].

When to Seek Independent Legal Advice

Individuals seeking to understand their specific rights or obligations, or those involved in a dispute concerning property viewings, should consider contacting Tenancy Services or Community Law Centres for free advice. The Tenancy Tribunal also provides avenues for dispute resolution.

Key Resources