{"id":151468,"date":"2025-11-24T17:02:13","date_gmt":"2025-11-24T17:02:13","guid":{"rendered":"https:\/\/www.newsbeep.com\/nz\/151468\/"},"modified":"2025-11-24T17:02:13","modified_gmt":"2025-11-24T17:02:13","slug":"ten-things-your-landlord-cant-do","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/nz\/151468\/","title":{"rendered":"Ten things your landlord can\u2019t do"},"content":{"rendered":"<p>Turn up unannounced<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">Landlords can\u2019t just turn up to their rental properties without giving notice.<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">They need to give 48 hours\u2019 notice for things like inspections and 24 hours\u2019 notice for repairs or maintenance. If they don\u2019t, they can have exemplary damages awarded against them to a maximum of $1500.<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">If they are doing maintenance work outside, they need to make sure that they do not interfere with your peace, comfort and privacy.<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">Tenancy Services advises: \u201cA heads-up of when you are coming and what you\u2019re coming for is a good way to help build a positive working relationship with your tenants.\u201d<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">In one case heard by the <a href=\"https:\/\/www.nzherald.co.nz\/topic\/tenancy-tribunal\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.nzherald.co.nz\/topic\/tenancy-tribunal\/\">Tenancy Tribunal<\/a> recently, a tenant claimed their landlord arrived at the premises uninvited and unannounced, entered the garden and shouted at them about parking in a shared driveway. The landlord argued he had been working on a neighbouring property and noticed where the car was parked.<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">The tribunal said even if the landlord only stopped at the gate and did not enter the garden, he raised his voice and shouted at the tenants and threatened to end their tenancy. It said the behaviour was a breach of the tenant\u2019s quiet enjoyment and interfered with their reasonable peace, comfort and privacy.<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">If a house is listed for sale, the tenant has to give permission for open homes to be held.<\/p>\n<p>Require professional cleaning<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">Your landlord cannot ask you to pay for professional cleaning when you leave, including carpet cleaning.<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">Tenants are only required to leave the property in a reasonably clean and tidy state.<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">Sarina Gibbon, director of Tenancy Advisory, said the introduction of new rules around pets could make this a bit murkier. \u201cWith the pet provisions coming in, it\u2019s going to be really interesting.\u201d<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">She said one of the examples given with the introduction of the new rules was that landlords might say a pet was allowed if carpets were cleaned to a professional standard. \u201cThat\u2019s just an example given by Parliament\u2026 it doesn\u2019t mean it will cover all situations.<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">\u201cIt\u2019s one of those things that I think we\u2019re just going to have to watch how the tribunal interprets the new laws and applied them to give the industry guidance. At the moment we\u2019re still operating under the old rules.<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">\u201cBut without pets, absolutely a tenant cannot be required to professionally clean the carpet.\u201d<\/p>\n<p>Charge a pet bond (yet)<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">Landlords are not allowed to collect a pet bond until December 1.<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">\u201cI\u2019m hearing every week landlords are collecting pet bonds and they have been all year when they are actually not legally allowed to until December 1,\u201d Gibbon said.<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">\u201cSo if a <a href=\"https:\/\/www.nzherald.co.nz\/nz\/auckland-tenants-ordered-to-pay-27k-for-dogdamaged-rental-home\/35XSUY2Y25EWPPPSQM5SRC5ZXQ\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.nzherald.co.nz\/nz\/auckland-tenants-ordered-to-pay-27k-for-dogdamaged-rental-home\/35XSUY2Y25EWPPPSQM5SRC5ZXQ\/\">tenant asks for a pet<\/a> on November 30 and the landlord gives consent on November 30, that landlord cannot collect a pet bond. If the landlord gives consent on December 1, that\u2019s fine.\u201d<\/p>\n<p>Ask tenants to cover the difference when a property is re-let at a lower rent<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">Gibbon said landlords generally could not ask tenants to pay the difference in rent if they broke a fixed term and the property could not be rented again for the same amount.<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">\u201cEspecially in this market, I\u2019m seeing with market rent going down and tenants trying to get out of fixed-term tenancies, trying to break their lease early, I\u2019m seeing some landlords and property managers try to charge the rental differential because they can\u2019t get the 2024 level of rent in 2025.<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">\u201cEven though there are some rare exceptions [where] the Tenancy Tribunal has found that the landlord can charge that, those are really quite unusual.<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">\u201cThe law provides for you to charge reasonable expenses that you incur because of the early break but you can\u2019t charge the rental differential because the loss of income is not an expense.\u201d<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">In a case the tribunal heard, a tenant broke a fixed term that was due to end in December this year in April.<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">The property was re-let on June 5 and the tribunal said the tenant could be required to pay rent until then.<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">But while the new tenant was paying $10 less a week, the adjudicator said the former tenant could not be required to cover this because the landlord did not provide enough evidence that the drop was necessary.<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">\u201cThe landlord would need to show that the lower rent was reasonable in the circumstances and that all reasonable steps were taken to achieve the best rent possible. Without this evidence the claim for rent loss is dismissed.\u201d<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">The adjudicator also said a break fee could not be charged. \u201cThe landlord can only claim reasonable costs that are directly related to finding a new tenant. The landlord must provide evidence of these costs. The only cost that the landlord was able to prove was the Trade Me advertisement which I have awarded.\u201d<\/p>\n<p>Take tenants\u2019 possessions<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">Landlords cannot take tenants\u2019 possessions to cover money they are owed.<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">In one case involving a Beach Haven property, a landlord who had been sending the tenant \u201cderogatory and racially suggestive messages\u201d, according to the tribunal, entered the premises, threw the tenants\u2019 belongings out, handed them a bill and took their $4000 computer.<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">The landlord was told to pay $1500 for breaching the tenant\u2019s quiet enjoyment and $3000 for the possessions.<\/p>\n<p>Let rent arrears add up<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">If a tenant falls behind on rent, the landlord cannot let the arrears mount unreasonably.<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\"><a href=\"https:\/\/www.nzherald.co.nz\/northern-advocate\/news\/how-changes-to-the-residential-tenancies-act-could-help-people-escape-family-harm\/CPKUSAGEOJAB5GULRHC5Y7S2SI\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.nzherald.co.nz\/northern-advocate\/news\/how-changes-to-the-residential-tenancies-act-could-help-people-escape-family-harm\/CPKUSAGEOJAB5GULRHC5Y7S2SI\/\">The Residential Tenancies Act<\/a> says when either party breaches the agreement, the other party needs to take reasonable steps to limit the damage or loss.<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">Gibbon said that duty to mitigate loss meant landlords had to act quickly on arrears.<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">She said sometimes people would think that their landlord was being nice by not chasing them, and might be complacent. \u201cIf that gets piled up it could tip the legal test and the tribunal could very well say essentially you\u2019ve not done anything about it, you\u2019ve not given a 14-day notice, you\u2019ve not sought to terminate the tenancy, you\u2019ve not initiated an instalment plan to get yourself compensated\u2026 we\u2019re not going to award you all the rent that\u2019s owed to you.\u201d<\/p>\n<p>Not pass on bills in a timely way<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">Gibbon said people also needed to ensure tenants received bills promptly.<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">\u201cIn Auckland you get billed by Watercare and you\u2019re supposed to pass the usage fee to the tenant each month\u2026 you have to on-charge it to your tenant reasonably quickly. I\u2019m seeing landlords who sit on it for months and months or even years then at the end of the tenancy go \u2018oh by the way you owe me this much\u2019, like thousands of dollars in water. They can\u2019t do that.\u201d<\/p>\n<p>Leave the country for more than three weeks<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">Any landlord who leaves the country for more than 21 consecutive days needs to appoint an agent to act for them.<\/p>\n<p>Bungle cabin questions<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">Gibbon said there could also be problems with tenants wanting to install a cabin.<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">\u201cIf the cabin is a vehicle it\u2019s not really a Residential Tenancies Act issue and to withhold consent or attach conditions to that consent, as landlords sometimes think they\u2019re entitled to, is a breach of the tenant\u2019s quiet enjoyment. But on the flip side, not all cabins or caravans or tiny homes can be brought on to the property by the tenant without the landlords\u2019 consent. It\u2019s complicated.\u201d<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">She said people should get legal advice.<\/p>\n<p>Retaliate<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">Landlords can\u2019t give notice to tenants or raise rent in retaliation for anything they have done.<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">In one case, tenants were given notice in June that a family member was going to move back into their property.<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">But they said it was prompted by a dispute, including issues about the rent and the healthy homes rules.<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">\u201cWhere there is a short period of time between the tenant raising an issue about the tenancy (or filing a claim) and the landlord serving a notice, this may lead to a strong inference that the landlord was at least partly motivated by the tenant exercising their rights. In this situation, the evidential onus shifts to the landlord to show that there was a legitimate reason for the notice,\u201d the adjudicator said.<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">\u201cIn my view the fact that the landlords served notice the day after the case management conference held in this matter, at which the tenants itemised their claims in some detail, leads to a strong inference that the landlords were at least partly motivated by the tenants exercising their rights.\u201d<\/p>\n<p class=\"kWCtudddaMfW\" style=\"display:none\">The tenants were awarded $1500.<\/p>\n","protected":false},"excerpt":{"rendered":"Turn up unannounced Landlords can\u2019t just turn up to their rental properties without giving notice. They need to&hellip;\n","protected":false},"author":2,"featured_media":151469,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[2068,6309,813,42,10054,43,812,6034,6035,40,38,41,39,1959],"class_list":["post-151468","post","type-post","status-publish","format-standard","has-post-thumbnail","category-headlines","tag-cant","tag-do","tag-edmunds","tag-headlines","tag-landlord","tag-news","tag-susan","tag-ten","tag-things","tag-top-news","tag-top-stories","tag-topnews","tag-topstories","tag-your"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/151468","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/comments?post=151468"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/151468\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media\/151469"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media?parent=151468"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/categories?post=151468"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/tags?post=151468"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}