Sub‑Item: Illegal Entry
Illegal Entry – What to Do When Your Landlord Enters Without Permission
Your landlord is not allowed to enter your home whenever they feel like it. The Residential Tenancies Act gives you strong protections against illegal entry, surprise visits, and any behaviour that makes you feel unsafe or violated in your own home.
This guide explains your rights, what counts as illegal entry, and what steps you can take if your landlord enters without permission.
Your Right to Privacy
Your home is your private space. Your landlord must respect that.
They cannot enter the property unless:
- they have given proper notice, or
- you have agreed to the entry, or
- there is an emergency (e.g., fire, flood, gas leak)
Anything outside of these rules is illegal.
When a Landlord Can Enter Legally
A landlord may enter only under these conditions:
1. Routine Inspections
- Must give 48 hours’ notice
- Must be between 8am and 7pm
- No more than once every 4 weeks
2. Repairs or Maintenance
- Must give 24 hours’ notice
3. Showing the Property to Buyers or New Tenants
- Must make reasonable arrangements with you
- Cannot force entry
- Must respect your availability
4. Emergency Situations
No notice required if there is an immediate threat to life or property.
What Counts as Illegal Entry
Your landlord is entering illegally if they:
- enter without notice
- enter when you’re not home without permission
- enter for reasons not allowed under the Act
- enter repeatedly to intimidate or pressure you
- use their key without your consent
- enter outside legal hours
- enter after you have said “no” to a non‑urgent visit
Illegal entry is a serious breach of your rights.
What You Should Do First
- Document everything Write down dates, times, and what happened.
- Take photos or video (if safe) For example, if you find them inside without notice.
- Tell the landlord in writing State clearly that the entry was unlawful.
- Ask them to follow the legal notice rules Keep your communication calm and factual.
If Illegal Entry Continues
If the landlord keeps entering without permission, you can:
- issue a 14‑day Notice to Remedy
- apply to the Tenancy Tribunal
- request compensation
- request work orders
- request penalties for unlawful behaviour
The Tribunal takes illegal entry very seriously.
If You Feel Unsafe
If the landlord’s behaviour is threatening, harassing, or intimidating:
- contact the police
- ask for a support person to be present during visits
- seek help from Community Law or a social worker
Your safety comes first.
What to Say to Your Landlord
You can use these phrases:
- “Please provide the required notice before entering the property.”
- “Entering without notice is unlawful under the Residential Tenancies Act.”
- “I need written notice before any future visits.”
Copy and Paste This Email
Subject: Unlawful Entry – Please Follow Notice Requirements
Kia ora,
I am writing to let you know that you entered the property on [date] without the required notice. This is not permitted under the Residential Tenancies Act.
Please ensure that all future entries follow the correct notice periods:
- 48 hours for inspections • 24 hours for repairs • Reasonable arrangements for viewings
Thank you, [Your Name]
