Can I visit my rental without notice for maintenaince purposes?

Vijay Dravid asks:
(updated on Tuesday, January 06th 2009)

We have a lovely family home fully Landscaped. We have rented it through LAQC. The other day we drove past our rented house and found the Roses have not been pruned and there were weeds. The next day I went to property to trim branches and spray weed killer. I did not inform the tenant as I was just going to be on the outside and not disturbing them. However my Property Manager says the tenants have complained to him and he asked me to fix appointment before I visit. Please advise if I am within my rights to visit the outside of house to maintain gardens without an appointment?

Our Experts Answer:

A landlord can go onto the tenants’ property (without entering the house) without giving the tenant notice. However, the landlord must make sure they don’t interfere with the tenants’ peace, comfort and privacy. Whether the tenants’ peace, comfort and privacy are disturbed often depends on the individual circumstances, and it is advisable for landlords to talk to their tenants in advance about any work they are planning. If you are not named as the landlord on the tenancy agreement then your property manager may be considered to be the landlord. If this is the case, you should ask your property manager, as landlord, to talk to the tenants about their concerns, and about times that this work could be done without disturbing the tenants’ peace, comfort and privacy. For further advice and information, you can also contact the Department of Building and Housing on 0800 TENANCY (0800 836 262) from Monday to Friday between 8:00 am and 5:30 pm.

The Department of Building and Housing provides information and guidance on building law and compliance, services including weathertight homes, and advice for tenants and landlords.

Heartland Bank - Online 1.99
The Co-operative Bank - First Home Special 2.09
HSBC Special 2.25
ICBC 2.25
HSBC Premier 2.25
Kainga Ora - First Home Buyer Special 2.25
AIA 2.29
TSB Special 2.29
The Co-operative Bank - Owner Occ 2.29
SBS Bank Special 2.29
Westpac Special 2.29
Heartland Bank - Online 2.35
ICBC 2.35
HSBC Premier 2.35
TSB Special 2.49
SBS Bank Special 2.49
The Co-operative Bank - Owner Occ 2.59
BNZ - Classic 2.59
ASB Bank 2.59
AIA 2.59
China Construction Bank Special 2.65
Kiwibank Special 2.65
HSBC Premier 2.89
TSB Special 2.99
AIA 2.99
Westpac Special 2.99
ICBC 2.99
ASB Bank 2.99
China Construction Bank Special 2.99
BNZ - Classic 2.99
SBS Bank Special 3.19
Kiwibank Special 3.19
The Co-operative Bank - Owner Occ 3.19
Heartland Bank - Online 2.50
Resimac 3.39
Kiwibank - Offset 3.40
Kiwibank Special 3.40
Kiwibank 3.40
Bluestone 3.49
Select Home Loans 3.49
ICBC 3.69
The Co-operative Bank - Standard 4.40
The Co-operative Bank - Owner Occ 4.40
Kainga Ora 4.43