The right to "quiet enjoyment" ensures tenants can live peacefully in their rental homes. Guaranteed under the Residential Tenancies Act 1986 (RTA), it applies to all tenancy agreements.
What Does Quiet Enjoyment Mean?
Privacy: Tenants are entitled to live without unwarranted intrusions, except for legal situations like repairs or emergencies.
Peaceful Living: Landlords and others must avoid disturbing tenants.
No Harassment: Landlords cannot harass, intimidate, or threaten tenants.
Tenant Responsibilities
Tenants must respect their neighbours’ peace and landlords must ensure one tenant’s actions don’t disrupt others. Being mindful of noise and disturbances is essential.
Breaches of Quiet Enjoyment
If a landlord breaches this right, tenants can issue a notice to remedy. Unresolved issues can be taken to the Tenancy Tribunal.
Access Requirements for Landlords
Repairs: 24 hours' notice is required, with work between 8 am and 7 pm.
Inspections: 48 hours' notice is needed.
Exterior Maintenance: Notice isn’t legally required but is good practice.
When the Property Is for Sale
Tenants retain their rights during property sales. Landlords must:
Get tenant consent for viewings.
Follow agreed conditions for visits.
Consider rent reductions for significant disruptions.
Quiet enjoyment is a key tenant right that fosters positive rental relationships. Understanding these rules helps protect peace and privacy in rental homes.