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Landlords Obligations Article Part 1
Bulldozers and real estate agents on the lawn –  landlord’s obligations

Tenants who wake up to find a bulldozer on the back lawn may be in for a ‘windfall’ – and a lot of noise – if the landlord hasn’t taken proper steps to protect their peace, privacy and comfort.

An author and a property management consultant who has represented both landlords and tenants, Scotney Williams, says landlords create a major headache for themselves if they do not make every effort to protect the tenant’s right to peace, privacy and comfort in their use of the property.“For example, landlords often don’t think about the existing tenant when they are doing a cross lease or subdivision on the property.“The site is turned into a construction zone for four or five months – trucks, machinery, builders, mud and everything else that goes along with construction – sometimes without even a ‘good morning’ from the landlord.“In that instance, a tenant can wait until the work is done and then sue the landlord for compensation.“My advice to landlords is to negotiate with the existing tenants before construction begins on the other unit, and to offer them compensation by way of a rent reduction for the period that building work takes place. Doing it formally, with a written agreement, is even better.”

A more common pitfall confronting landlords occurs when they put a property on the market without giving the tenants the proper notice.“If the property is on the market when you take on a tenant, you are obligated to tell the tenant that the property is on the market for sale.”The most frequent problem Williams encounters is when landlords have not notified the tenant in writing that a property is going on the market, and then failing to give 42 or more days notice after it is sold.

“Always allow 45 or 46 days notice for a tenant to vacate after a property has been sold. If you don’t issue the notice, the tenant does not have to leave when the time comes to hand over the property to the new owner and this can cause real problems.A tenant cannot prevent access to a property for ‘viewing’ by real estate agents and prospective buyers or tenants, but they can place reasonable conditions on entry.“What is reasonable is not actually dealt with by the Residential Tenancies Act 1986 (RTA), but most sections refer to times between 8am and 7pm.“Landlords have to negotiate viewing times with the tenant, or they can apply to the Tenancy Tribunal to set specific days and times if the tenant refuses to negotiate or offers times and days which.are simply unrealistic, and unreasonable.“The RTA permits  landlords to walk up to the front door like any other member of the public, but they must request the tenants permission to enter the rental premises unless it is an official inspection..“However, if they give 48 hours notice of an inspection, then they don’t have to ask permission to enter the premises and unless the tenant has a reasonable excuse, the tenant must let the landlord conduct the inspection.”

Williams said landlords can walk around the dwelling, but they have to be mindful of not invading the tenants’ privacy. Landlords are also obligated to ensure that a rental property is in a reasonably clean and tidy condition at the time it is rented. Landlords should not offer possession to tenants in a condition below that standard because it then sets a poor standard  which the landlord has agreed to. The landlord can hardly complain later if it returned at the end of the tenancy in the same condition.

There is also an obligation on landlords to ensure that premises comply with all health and safety requirements. “The RTA also requires landlords to make sure a property is reasonably secure. In other words, the place can be locked up securely so the tenants are safe when at home and when the tenants are not there that their chattels are reasonably safe.”

However, this does not mean that a landlord or tenant can install or change any locks without the other’s permission. Adding or changing must be negotiated. “The RTA prevents landlords from interfering with any essential services to a property. In other words, a landlord cannot arrange for the water, gas or electricity to be turned off, for any reason” says Williams. In part two of examining the rights and obligations of landlords and tenants we look at ‘civil remedies’, including the fact that a tenant who refuses a landlord entry – after proper notice has been given – may have to dig deep to compensate the landlord.