Access, privacy, locks and security
Information on access to rental properties
Privacy and quiet enjoyment
The landlord must not interfere with your right to peace, privacy, comfort and enjoyment, except when exercising a legal right to enter the premises.
Inspections
The landlord has the right to inspect the premises at a reasonable hour, but should give you between seven and 14 day's notice. In case of necessary repairs three day's notice is required. The landlord must let you know in writing of the date, approximate time and reason for entering the property and the period of notice given (see Service of Notices).
Other rights of entry by landlord
The landlord may also enter the premises in the following circumstances:
- in an emergency;
- you give permission at the time;
- to collect the rent if it is paid weekly or less frequently and the agreement allows for collection at the premises;
- to inspect the premises when collecting the rent as above, but not more than once every four weeks;
- to carry out or inspect necessary repairs after giving at least 72 hour's notice;
- to show the premises to prospective tenants in the 21 days before the end of an agreement,
- after giving the tenant reasonable notice; or
- to show the premises to prospective buyers, after giving reasonable notice.
The landlord must only enter a property at a reasonable hour in these circumstances, except in an emergency, or with your approval. You may wish to be present on these occasions.
If a landlord gives proper notice to enter the premises, the landlord or the agent may use their spare key to enter the property even if you are not there.
If the landlord enters the premises without proper notice or authority under the Residential Tenancies Act, you can ask that it doesn't happen again, serve a notice on the landlord for not keeping to the agreement, or seek an order from the Magistrate's Court about acceptable access.
Additional rights of entry apply to caravan park owners under the Caravan Parks and Camping Grounds Act 1995.
Locks and security
The landlord must install and maintain adequate locks and other devices so that the premises are reasonably secure. In general terms, all windows and doors should close securely.
While many people believe that deadlocks and window security locks are required, it may not necessarily mean that the landlord is responsible for fitting them. The landlord's responsibility depends on a number of things, including the age, location and nature of the premises, the number of break-ins in the neighbourhood and whether previous safeguards were shown to be inadequate. If you want to fit additional security, get the landlord's permission before any work is started.
If you're concerned about security at the property you should get advice from Neighbourhood Watch or Community Policing and, if necessary, approach the landlord to see if the problem can be sorted out, perhaps with both parties contributing to the cost. If an agreement is reached, put it in writing and make sure you and the landlord sign it.
Tenants and landlords cannot remove or change locks without the consent of the other. Landlords, agents, or tenants who change locks unlawfully can be fined up to $4000.