Entry rights
Question from Jan updated on 12th July 2017:
A 90 day notice on my rental property has expired and the tenant is still there. What are my rights? Can I enter the property?
Our expert Allan Galloway responded:
If the tenants do not leave when a notice expires, they are committing an unlawful act.
But a landlord cannot just enter the property because the notice has expired. It is necessary to apply to the Tenancy Tribunal for a ‘possession order’ returning legal possession of the property to you. The Ministry of Justice can then enforce the order.
A landlord can also ask the Tribunal to order the tenant to pay compensation for any costs incurred plus exemplary damages of up to $1,000.
If a landlord enters the property in the meantime, they must have a lawful reason to do so - such as to do a property inspection with 48 hours’ notice.
For more on tenancy rights and responsibilities, go to www.tenancy.govt.nz or subscribe to our e-newsletter Landlord News at www.tenancy.govt.nz/subscribe.
The Ministry of Business, Innovation and Employment provides information and guidance on building law and compliance, services including weathertight homes, and advice for tenants and landlords.