Residential Tenancies Act 1986s48

Can my landlord enter the property without notice in NZ?

Under the Residential Tenancies Act 1986 (s48), your landlord must give you at least 24 hours written notice before entering the property, except in specific emergency situations.

When 24 hours notice is required:

  • Routine inspections (maximum 4 per year)
  • Repairs or maintenance
  • Showing the property to prospective tenants or buyers
  • Any other non-emergency visit
When notice is NOT required (emergencies only):
  • There is risk of injury to persons or serious damage to the property
  • The property has been abandoned
What counts as written notice: Notice must be in writing (a text message or email qualifies). It must specify the date, approximate time, and reason for entry.

If your landlord enters without proper notice: This is an unlawful act under s48 RTA. You can apply to the Tenancy Tribunal for a remedy. The Tribunal can issue a work order or award damages if you suffered loss.

Maximum penalty: The Tenancy Tribunal can fine a landlord up to $2,000 for an unlawful entry.

Source: Residential Tenancies Act 1986, s48 — View on legislation.govt.nz

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Legal information, not legal advice. This information is based on New Zealand legislation and is provided for educational purposes. It is not a substitute for advice from a qualified New Zealand lawyer about your specific situation. If you are dealing with a serious legal matter, consult a lawyer or your nearest Community Law Centre (communitylaw.org.nz).