Right of entry for painting

Question from Paul updated on 28th June 2015:

Our landlord wishes to conduct exterior painting to our property. There is some confusion around rights of wntry. Our understanding is that work needs to be carried out between 8am and 7pm?

Our expert Alan Bruce responded:

Under the Residential Tenancies Act 1986 (the Act) landlords have certain rights of entry into the premises depending on the reason for the required entry. In order to enter the premises (the dwelling), the Act requires the landlord to have the consent of the tenant, or depending on the circumstances, to have given the appropriate amount of notice. However, a landlord does not need to give notice or obtain the tenant’s consent to come onto the section (e.g. the outside of the premises). A landlord in this situation would need to ensure that they do not interfere with the tenant’s “quiet enjoyment of the premises”. Where a landlord wishes to undertake maintenance on the exterior of the house, or on the section, The Ministry recommends that this work is done with the agreement of the tenant(s), and any related matters (such as the reimbursement for electricity or water usage for example) are documented in writing. To discuss your situation further, you can visit the Ministry’s website (www.tenancy.govt.nz), or call 0800 TENANCY (0800 836 262) between 8.00am-5.30pm Monday to Friday to speak with a member of our Tenancy Advice team.

The Ministry of Business, Innovation and Employment provides information and guidance on building law and compliance, services including weathertight homes, and advice for tenants and landlords.

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