Part 2A
Boarding house tenancies
Landlord’s right of entry
66TConsequence of abuse, or refusal, of right of entry
The following are unlawful acts:
- entry into a tenant’s room by a landlord otherwise than in accordance with section 66R:
- the use or threat of force by the landlord to enter or attempt to enter a tenant’s room (other than as provided for in section 66R(1)(b) or (c)):
- failure by a tenant of a boarding room (or any person occupying the tenant’s room with the tenant’s permission) to permit the entry by the landlord into the tenant’s room when the person entering is exercising a right of entry in accordance with section 66R:
- failure by the landlord to notify, or to provide results to, the tenant as required under section 66S(5).
A landlord who fails to notify, or to provide results to, the tenant as required under section 66S(5) commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B.
A landlord who uses or threatens to use force to gain entry into a tenant’s room in breach of subsection (1)(b) commits an offence and is liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $3,000.
If a landlord enters a tenant’s room under section 66R(2), but does not comply with sections 66R(3) and 66S, the tenant may apply to the Tribunal for an order prohibiting the landlord from exercising the right to enter under section 66R(2) for a period specified in the order.
If a landlord damages any property of a tenant while in the tenant’s room, the tenant may apply to the Tribunal for compensation for the damage.
Compare
Notes
- Section 66T: inserted, on , by section 49 of the Residential Tenancies Amendment Act 2010 (2010 No 95).
- Section 66T(1)(d): inserted, on , by section 49(1) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
- Section 66T(1A): inserted, on , by section 49(2) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
- Section 66T(2): amended, on , by section 49(3) of the Residential Tenancies Amendment Act 2020 (2020 No 59).