Right of entry

Our Experts Answer:

The landlord’s right of entry is detailed in section 48 of the Residential Tenancies Act 1986.  There are different requirements, depending on the reason for access.  In an emergency, for example, the landlord may enter the property immediately and without notice.  However, you have said you need to carry out necessary repairs and maintenance resulting from damage incurred in an earthquake.  In this case you are covered by Section 48(2)(d), which allows the landlord to enter the premises “for the purpose of carrying out necessary repairs to or necessary maintenance of, the premises, at any time between 8 o'clock in the morning and 7 o'clock in the evening of any day, after giving to the tenant notice of the intended entry and the reason for it at least 24 hours before the intended entry”. In order to do necessary repairs you should give the tenant at least 24 hours’ notice of your intended visit, and the reason (carrying out necessary repairs). The tenant’s prior consent is not required in this instance.  Moreover, Section 48(4)(b) states that it is unlawful for a tenant to refuse access to a landlord where the landlord is permitted under subsection (2).