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Residential Tenancies Act 1986

Boarding house tenancies - Landlord’s right of entry

66S: Notice of entry

You could also call this:

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

Your landlord can enter your boarding room for specific reasons, but they need to give you notice first. They can tell you about this verbally or in writing.

Your landlord can enter to show the room to possible new tenants or buyers, to do their job as a landlord, to check smoke alarms, to make sure the room meets health standards, to test for certain substances, to see if you’re following the rules, to check if you’ve left, to do a regular inspection, or to look at work they’ve asked you to do.

When they give you notice, they must tell you why they’re coming in, who will be entering, and when they plan to come. If it’s a written notice, they can give it to you directly, put it on your door, or slide it under your door.

If they’re coming in to test for specific substances, they need to tell you what they’re testing for. After they do the test, they must give you the results in writing within a week.

You can find more information about smoke alarm requirements in section 138A of this Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3283922.

Topics:
Housing and property > Renting
Rights and equality > Privacy
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66R: Landlord’s right to enter boarding room is limited, or

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

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66T: Consequence of abuse, or refusal, of right of entry, or

“If you break the rules about entering a tenant's room, you could get in trouble with the law or be stopped from entering again.”

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

66SNotice of entry

  1. The purposes for which a landlord may enter a boarding room under a notice of entry are—

  2. to show the room to a prospective tenant:
    1. to show the room to a prospective buyer or lender, or to a registered valuer, real estate agent, or an expert engaged in appraising or evaluating the boarding house, if the boarding house is to be sold or used as security:
      1. where entry to the room is necessary to enable the landlord to fulfil his or her obligations under this Act:
        1. without limiting paragraph (c), to comply, or to prepare to comply, with any requirements in respect of smoke alarms imposed, or prospectively imposed, on landlords by regulations made under section 138A:
          1. without limiting paragraph (c), to comply, or to prepare to comply, with the healthy homes standards (including any prospective requirements of those standards):
            1. to test for the presence of stated contaminants, or to take samples for such testing:
              1. where the landlord has reasonable grounds to believe that a tenant of the room has failed to comply with his or her obligations as a tenant under this Act:
                1. the landlord wishes to confirm whether or not a tenant of the room has abandoned the tenancy:
                  1. the landlord wishes to inspect the room and no entry for that purpose has been made within the last 4 weeks:
                    1. to inspect work that the landlord has required the tenant to carry out or that the tenant has agreed to carry out.

                      1. The tenant may be notified of the proposed entry orally or in writing.

                      2. The notice must—

                      3. state the purpose of the entry, which must be one of the purposes listed in subsection (1); and
                        1. if the purpose is to test for the presence of stated contaminants or to take samples for such testing (or involves such testing or sample taking for the purpose of subsection (1)(c)), state those contaminants; and
                          1. identify the person or persons who will enter the room; and
                            1. state the date on which entry will be made and the approximate time of entry.

                              1. If the notice is in writing, it must be served on the tenant by—

                              2. giving it to the tenant in person; or
                                1. putting it on the door of the tenant’s room; or
                                  1. putting it inside the tenant’s room (for example, by sliding it under the door).

                                    1. If a boarding room is entered under a notice of entry for the purpose of testing for the presence of stated contaminants, or taking samples for such testing (or involves such testing or sample taking for the purpose of subsection (1)(c)), the landlord must, within 7 days of receiving the results of the testing, notify the tenant, in writing, of the results of the testing and provide the tenant with a copy (if any) of the results.

                                    Compare
                                      Notes
                                      • Section 66S: inserted, on , by section 49 of the Residential Tenancies Amendment Act 2010 (2010 No 95).
                                      • Section 66S(1)(ca): replaced, on , by section 8(1) of the Healthy Homes Guarantee Act 2017 (2017 No 46).
                                      • Section 66S(1)(cb): inserted, on , by section 8(1) of the Healthy Homes Guarantee Act 2017 (2017 No 46).
                                      • Section 66S(1)(cc): inserted, on , by section 44(1) of the Residential Tenancies Amendment Act 2019 (2019 No 37).
                                      • Section 66S(3)(aa): inserted, on , by section 44(2) of the Residential Tenancies Amendment Act 2019 (2019 No 37).
                                      • Section 66S(5): inserted, on , by section 44(3) of the Residential Tenancies Amendment Act 2019 (2019 No 37).