Our Experts Answer:
While a landlord must give a tenant notice to enter that tenant’s premises (ie, their flat), notice is not required if the landlord is simply coming onto the property (including areas of the property that are shared by both flats). However, a landlord does have to respect the tenant’s right to reasonable peace, comfort and privacy. Whether the tenant’s privacy is unreasonably breached by the landlord’s presence on areas that are shared by both flats will vary depending on the circumstances. I suggest that your friend speaks with their tenant about their concerns and about the maintenance they intend to do on the property and the times they are likely to be present there to do that maintenance. They may have to reach an agreement with the tenant about times for maintenance that accommodates both the landlord’s need to do the work and the tenant’s right to privacy in the property. It might also be a good opportunity to ask if there is any maintenance that the tenant would like done on their property while the landlord is on the property - a ‘win-win’ for all concerned.
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.
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