What is the Quiet Enjoyment of a Rental Property?

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The right to "quiet enjoyment of a rental property" underlines New Zealand's tenancy law, but what does the term mean in practice? We break down the meaning and look at what constitutes a breach of quiet enjoyment.

The Right to Quiet Enjoyment

Quiet enjoyment refers to the right to enjoy a rental property in peace, comfort, and privacy. This right is implied in every tenancy agreement under the Residential Tenancies Act 1986 (RTA), even if it is not explicitly stated in the contract.

The Concept Encompasses

Privacy: Home occupiers have the right to live in a property without unwarranted or excessive entry by the landlord or others, except in specific situations allowed by law (e.g., for repairs, inspections, or emergencies).

Peaceful Living: Tenants should not be disturbed by the landlord or other home occupiers in ways that prevent them from living in the property comfortably.

Protection from Harassment: The landlord cannot harass, intimidate, or threaten the tenant.

Do Home Occupiers Have a Responsibility Towards Quiet Enjoyment of Others?

Yes, home occupiers are also expected to respect the peace, comfort, and privacy of their neighbours or other tenants. The landlord is responsible for taking reasonable steps to ensure that no home occupier interferes with another’s right to quiet enjoyment.

To comply, home occupiers should be mindful of not making too much noise or disturbing other tenants or neighbours.

What Constitutes a Breach of Quiet Enjoyment In New Zealand?

Landlords are required to give the correct notice to access a rental property and respect the right to quiet enjoyment. If a landlord is in breach of the law, the home occupier can issue a notice to remedy.

A notice to remedy should allow the landlord a reasonable amount of time to resolve the issue. If the landlord does not comply in the time frame set out the home occupier can apply to the Tenancy Tribunal.

Read more about Attending a Tenancy Tribunal.

How Much Notice Do Landlords Need to Give Before Entering a Property?

• Landlords are required to provide tenants with at least 24 hours' notice before entering a rental property to carry out any necessary repairs or maintenance. These repairs should take place between 8 am and 7 pm.
• Landlords may enter a property to perform work needed to meet or prepare for compliance with Healthy Homes standards but must still give tenants 24 hours' notice prior to entry.
• Cosmetic repairs, or repairs that are not deemed necessary, should be completed at a mutually agreed time.
• Landlords are required to provide tenants with at least 48 hours' notice before entering a property to conduct an inspection or test for meth contamination.
• A landlord is not required to give notice to go onto a property (the land), such as for lawn mowing or exterior maintenance, but it is considered best practice to do so.

Read more about Who Is Responsible For Maintenance and Repairs in a Rental Property.

What Rights Do Home Occupiers Have When a Property Is for Sale?

The home occupier is entitled to quiet enjoyment of their property, even when the landlord needs to show the house to prospective buyers, tenants, valuers, or real estate agents.

The landlord must obtain the tenant's consent before arranging these visits. While the home occupier cannot unreasonably withhold permission, they can set reasonable conditions, such as specifying certain days and hours for the visits. If the disruption caused by these visits is significant, the tenant may also have grounds to request a rent reduction.

Read more about Selling a Tenanted Property.

Crockers' View

Following the requirements of the RTA is one thing, but it is important to remember that a rental property is a tenant’s home and not just an investment. Having respect for a resident and their home not only aids a good tenant/landlord relationship but also encourages longer-term tenancies.

Need a hand managing your rental property? Reach out to our PM Business Development Team at pm@crockers.co.nz or call for a chat on 09 623 5952.