Landlord inspection rights

John asks:
(updated on Friday, May 10th 2019)

In a situation where the owner of a property grants a lease, and then subsequently engages a property manager to act as landlord, can the owner then claim landlord's right of entry to inspect or perform work at the property? There seem to be Tenancy Tribunal decisions which indicate that an owner forgoes their right to inspect once an agent has been engaged.

 

 

Our Experts Answer:

From a practical point of view, if the landlord has engaged a property manager you would expect that the property manager would carry out the inspections. On the other hand, it is acceptable for the landlord to do their own inspections despite employing a property manager. What can pose problems is when both parties are doing inspections.

The Residential Tenancies Act specifies how frequently inspections may be done. The landlord (and their agent) must ensure that the tenant’s quiet enjoyment of the property is not breached. Too many inspections may be considered to breach that tenant right.

However, an owner may occasionally wish to inspect their property in order to plan on-going maintenance requirements, even though the bulk of inspections are regularly done by the property manager. This is quite reasonable, provided that sufficient notice is given to the tenant. It is not uncommon for a property owner to choose to do maintenance on their own property, even if the property is managed by a property manager. A landlord has that right.

 

 

 

Select Home Loans 4.29
TSB Special 4.34
ICBC 4.39
HSBC Premier 4.39
Heartland Bank - Online 4.40
China Construction Bank Special 4.45
SBS Bank Special 4.55
Kainga Ora 4.57
Co-operative Bank - First Home Special 4.75
Kiwibank Special 4.85
AIA 4.85
Select Home Loans 4.86
Heartland Bank - Online 4.90
TSB Special 4.99
ICBC 5.09
HSBC Premier 5.15
SBS Bank Special 5.19
China Construction Bank Special 5.19
Kiwibank Special 5.19
AIA 5.35
Co-operative Bank - Owner Occ 5.35
First Credit Union Special 5.45
Select Home Loans 5.20
TSB Special 5.75
Kiwibank Special 5.79
HSBC Premier 5.89
ICBC 5.89
SBS Bank Special 5.95
BNZ - Classic 6.19
Resimac 6.33
China Construction Bank Special 6.35
Westpac Special 6.39
Kainga Ora 6.43
Select Home Loans 4.09
Heartland Bank - Online 4.10
Pepper Money 4.49
TSB Special 4.79
Liberty 4.84
Kiwibank Special 5.00
ICBC 5.25
Kainga Ora 5.43
China Construction Bank 5.50
Kiwibank 5.50
Kiwibank - Offset 5.50