Solving 'quiet enjoyment' versus 'access for renovations' issues

Juliane asks:
(updated on Thursday, November 18th 2010)

We have a fixed-term tenant in our property (3 month into the term). When he moved in, we advised him, that we are getting the outside of the house painted and fixed. Now he decided, that this is all causing too much interruptions with his peace and privacy and is upset about the painters and their work. We try and keep him happy but he now refuses to talk to us. We need the door jambs of the front and garage door to be painted and the doors open for this and fear he refuses acsess to the property. What can we do?

Our Experts Answer:

Where necessary maintenance or repairs are required, and access to the interior of the home is essential, the landlord must give the tenant a minimum of 24 hours notice of entry. Access to the outside area of the premises only does not require notice. However, in either case landlords need to ensure they do not interfere with the tenant’s reasonable peace, comfort and privacy during the tenancy. Where the work is not necessary maintenance or repairs, the landlord will need to obtain the tenants consent if access to the interior is required.

Painting the exterior of a property can be a substantial job which may interfere with the tenant’s reasonable peace, comfort and privacy, and may be best done between tenancies to avoid any disruption to tenants. In this type of situation, a landlord may want to consider whether they offer the tenant compensation (i.e. reduced rent for the period of the work) if the intended work will cause them undue disruption.

To discuss your situation further, or for information about a landlord’s right of entry to the premises, you can visit the Department of Building and Housing website (www.dbh.govt.nz), or call 0800 TENANCY (0800 836 262).

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.

 

Heartland Bank - Online 1.99
The Co-operative Bank - First Home Special 2.09
HSBC Special 2.25
ICBC 2.25
HSBC Premier 2.25
Kainga Ora - First Home Buyer Special 2.25
AIA 2.29
TSB Special 2.29
The Co-operative Bank - Owner Occ 2.29
SBS Bank Special 2.29
Westpac Special 2.29
Heartland Bank - Online 2.35
ICBC 2.35
HSBC Premier 2.35
TSB Special 2.49
SBS Bank Special 2.49
The Co-operative Bank - Owner Occ 2.59
BNZ - Classic 2.59
ASB Bank 2.59
AIA 2.59
China Construction Bank Special 2.65
Kiwibank Special 2.65
HSBC Premier 2.89
TSB Special 2.99
AIA 2.99
Westpac Special 2.99
ICBC 2.99
ASB Bank 2.99
China Construction Bank Special 2.99
BNZ - Classic 2.99
SBS Bank Special 3.19
Kiwibank Special 3.19
The Co-operative Bank - Owner Occ 3.19
Heartland Bank - Online 2.50
Resimac 3.39
Kiwibank - Offset 3.40
Kiwibank Special 3.40
Kiwibank 3.40
Bluestone 3.49
Select Home Loans 3.49
ICBC 3.69
The Co-operative Bank - Standard 4.40
The Co-operative Bank - Owner Occ 4.40
Kainga Ora 4.43