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66S: Notice of entry
or “The landlord must tell you when and why they want to come into your room”

You could also call this:

“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.”

If you’re a landlord, you can’t go into a tenant’s room unless you follow the rules in [section 66R]. It’s against the law to use force or threaten to use force to get into a room, except in emergencies or with police. If you’re a tenant, you must let the landlord in when they have the right to enter.

Landlords must tell tenants about inspections and give them the results. If they don’t, it’s against the law and they might have to pay a fine.

If a landlord uses force to get into a room when they shouldn’t, they could go to jail for up to 3 months or pay a fine of up to $3,000.

If you’re a tenant and your landlord enters your room but doesn’t follow the rules, you can ask the Tribunal to stop them from entering for a while. If the landlord breaks your things while in your room, you can ask the Tribunal for money to fix or replace them.

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Next up: 66U: Termination of tenancy by landlord

or “The landlord can end the tenancy for different reasons with different notice periods, depending on how serious the situation is.”

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

66TConsequence of abuse, or refusal, of right of entry

  1. The following are unlawful acts:

  2. entry into a tenant’s room by a landlord otherwise than in accordance with section 66R:
    1. 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)):
      1. 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:
        1. failure by the landlord to notify, or to provide results to, the tenant as required under section 66S(5).
          1. 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.

          2. 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.

          3. 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.

          4. 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).