Sex work rental breach?

Our Experts Answer:

A landlord may issue a “letter to remedy” if they believe the tenant is in breach of their responsibilities under the tenancy agreement or the Residential Tenancies Act, and it is a breach that can be fixed e.g: rent arrears, or disturbing the reasonable peace, comfort or privacy of others. A landlord should discuss any concerns with their tenant to help assess whether a breach is occurring.

If the breach is not fixed and the landlord is also seeking to have the tenancy agreement terminated by the Tenancy Tribunal, they must give the tenant not less than 14 days to do so (known as a ‘14-day notice or letter to remedy’). The Tenancy Tribunal will consider the facts and evidence of any application in accordance with the RTA, and decide on an appropriate decision on a case-by-case basis. This can resolve the issue(s) in the application if a breach is established.

A tenant can use the rental for commercial purposes so long as the rental is still used principally for residential purposes whilst meeting their tenant responsibilities under the RTA. Any use must be lawful, for example, the use must comply with local council bylaws and other enactments. If you would like further information about requirements relating to brothels and sex work in New Zealand please contact the relevant local council for further information.

For more on the rights and responsibilities of landlords and tenants, go to www.tenancy.govt.nz or subscribe to our e-newsletter Tenancy Matters here.