Residential Tenancies Act 1986

Boarding house tenancies - Landlord’s right of entry

66R: Landlord’s right to enter boarding room is limited

You could also call this:

“The landlord can only go into your room in special cases or with your permission.”

If you live in a boarding house, your landlord can only enter your room in certain situations. They can come in if you say it’s okay, or if there’s an emergency where someone’s life or property is in danger. They can also enter if they need to provide services that are part of your agreement, but they have to follow the rules about this.

Your landlord can also enter your room if they give you at least 24 hours’ notice. This notice must explain why they need to enter, and it has to be for a specific reason allowed by the law. When they do enter after giving notice, it must be between 8 am and 6 pm.

When landlords enter your room, they must do it in a reasonable way. They shouldn’t stay longer than they need to, and they shouldn’t touch your things unless it’s necessary for the reason they’re there.

If the Tribunal (a special court for tenancy issues) says the landlord can enter your room, then they’re allowed to do that too.

Remember, these rules are there to protect your privacy while also letting landlords take care of their property and provide necessary services.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3283921.

Topics:
Housing and property > Renting
Rights and equality > Privacy

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66Q: Landlord has right to enter premises at any time, or

“The person who owns the boarding house can go inside whenever they want, but they can't use the house stuff unless they live there too.”


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66S: Notice of entry, or

“The landlord must tell you when and why they want to come into your room”

Part 2A Boarding house tenancies
Landlord’s right of entry

66RLandlord’s right to enter boarding room is limited

  1. The landlord of a boarding house may enter a boarding room that is currently let to a tenant only in the following circumstances:

  2. with the consent of the tenant (or, if the room is let to more than 1 tenant, with the consent of any tenant of the room) freely given at, or immediately before, the time of entry:
    1. the landlord believes on reasonable grounds that there is an emergency and that immediate entry is necessary to save life or property:
      1. the landlord believes on reasonable grounds that there is a serious risk to life or property and that immediate entry is necessary to reduce or eliminate the risk:
        1. services are provided under the tenancy agreement and it is necessary to enter the room in order to provide them, but, in this case, the entry must be in accordance with any conditions specified in the tenancy agreement or the house rules:
          1. the Tribunal has ordered that the landlord may enter the room.
            1. The landlord may also enter the room of a tenant if the landlord—

            2. gives the tenant (or, if the room is let to more than 1 tenant, any tenant of the room), at least 24 hours before the entry, a notice of entry that complies with section 66S; and
              1. enters the room only for the purpose set out in the notice of entry (which must be one of the purposes set out in section 66S(1)); and
                1. enters the room between 8 am and 6 pm.
                  1. A landlord entering a room under this section—

                  2. must do so in a reasonable manner; and
                    1. must not stay in the room longer than is necessary to achieve the purpose of the entry; and
                      1. must not interfere with the tenant’s property unless it is necessary for the purpose of the entry.
                        Compare
                          Notes
                          • Section 66R: inserted, on , by section 49 of the Residential Tenancies Amendment Act 2010 (2010 No 95).