When essential maintenance is needed, landlords must balance access rights with tenant privacy. But if a tenant cancels a contractor visit, refuses access, or insists on being home, who pays the cost and what are your options? New Zealand tenancy law gives clear guidance, but practical communication is key to avoiding conflict.
Understanding Access Rules Under the Residential Tenancies Act
The Residential Tenancies Act 1986 (RTA) outlines when and how landlords can enter a rented property.
Entry is only lawful when:
- The tenant consents, or
- The landlord gives at least 24 hours’ written notice for repairs or maintenance.
Entry must take place between 8 am and 7 pm, unless the tenant agrees otherwise. For genuine emergencies such as burst pipes or electrical hazards, entry can occur immediately, but the tenant must be told as soon as possible afterwards.
These access rules exist to protect tenants’ right to quiet enjoyment while allowing landlords to meet their repair obligations.
Do Tenants Have to Stay Home for a Contractor Visit?
No, tenants are not legally required to be home during a contractor visit. Once proper notice is given, the tenant must allow reasonable access, but they can decide whether to be present.
Many tenants prefer to be home for internal work, while others are comfortable granting access via a key held by the property manager or landlord. Either approach is acceptable if the visit is lawful and agreed upon.
What Happens When a Tenant Cancels a Contractor Visit?
Cancellations are the most common source of access frustration. If a contractor is booked and the tenant cancels late or refuses entry, the landlord may face a call-out fee or rebooking charge.
Under tenancy law, the landlord is responsible for ensuring the property is maintained in a reasonable condition. However, if the tenant’s actions directly cause unnecessary costs—for example, by cancelling without good reason or refusing access after proper notice—those costs may be recoverable.
To handle this correctly, landlords should:
- Record the appointment details and any cancellation communications.
- Explain to the tenant how cancellations affect costs and timelines.
- Rebook the appointment promptly to keep maintenance on track.
- Apply to the Tenancy Tribunal if the tenant repeatedly cancels or refuses access, and costs need to be recovered.
- It’s important not to deduct charges directly from rent without Tribunal approval.
Can a Landlord Give a Contractor Access if the Tenant Refuses?
Even with proper notice, if a tenant explicitly refuses access, the landlord cannot enter without consent. Forcing entry could breach the tenant’s rights under Section 38 of the RTA and may result in penalties.
The correct response is to:
- Notify the tenant in writing that the refusal is unreasonable under Section 48.
- Seek a Tenancy Tribunal order to permit access or compensate for any resulting costs.
This legal process ensures landlords stay compliant while still being able to complete necessary maintenance.
Handling Repeat Refusals or Missed Appointments
If a tenant continues to delay or deny access, the best approach is calm persistence and clear communication.
Steps to manage repeat issues include:
- Sending polite written reminders with specific times and contractor details.
- Offering alternative time slots where possible.
- Escalating through the Tribunal only if cooperation completely breaks down.
This approach shows fairness, which the Tribunal views positively if the matter later requires a formal order.
Managing Communication and Record-Keeping
Good records prevent small access problems from becoming disputes.
Always:
- Confirm appointments, cancellations, and access arrangements in writing.
- Keep copies of contractor invoices and messages.
- Note dates and times of all interactions related to maintenance.
- Having this evidence supports your case if reimbursement or Tribunal action becomes necessary.
What if Contractors Need to Return Twice?
If a tenant’s cancellation or no-show causes a contractor to make a second visit, and you can clearly prove this, the tenant may be liable for the extra cost.
However, if the contractor must return because of their own scheduling issue or incomplete work, the landlord remains responsible. Transparency about who caused the delay keeps both sides fair and avoids conflict.
Key Takeaways for Landlords
- Tenants cannot be forced to stay home, but they must allow lawful access.
- If a tenant cancels or refuses access without good reason, landlords can recover reasonable costs—through the proper process.
- Never enter or charge fees without documentation and Tribunal backing.
- Consistent, written communication protects both parties and avoids escalation.
Conclusion
Access issues are a normal part of property management, but they don’t need to become disputes. By following notice requirements, keeping communication transparent, and using the Tribunal process when needed, landlords can maintain their properties efficiently while respecting tenant rights.
