Inspections and access

The landlord owns the property and it is the tenants home while they are renting it. Inspections and access must be mutually agreed.

The landlord owns the property, but while the tenant rents, it is their home. This means the landlord must respect their peace and privacy (this is called peaceful and exclusive use of the property).

A landlord has the right to carry out routine inspections of the property, and regular inspections should be undertaken. The RTB recommend an inspection once every three months.

If the landlord needs to enter the property (for example for an inspection or to carry out repair) the tenant's consent is required to access the dwelling, and the landlord should give them reasonable notice. 

However, if the tenant continually refuses access to the property, they are in breach of their responsibilities.  A tenant is entitled to reasonable time to rectify the breach of responsibilities.

A landlord should first write to the tenant, outlining the breach of their responsibility (in this case, not allowing an inspection or a repair to be carried out), and request a mutually agreeable time to carry out repairs or inspections.  If the issue persists after the tenant has received the letter, a 28 day notice of termination for breach of tenant responsibilities can be issued. 

It is recommended that all correspondence, including texts, between a landlord and a tenant, are retained as a record.

The landlord can only enter the property with the permission of the tenant, unless it is an emergency situation, and the landlord must enter the property and every attempt has been made to contact the tenant (for example a flood in the property or a fire etc).