A property manager sends a tenant a notice on 1 June for a routine inspection on 20 June at 6:30 pm. What is wrong with the notice?
Correct Answer
A) It was given more than 14 days before the inspection date.
Section 48(2)(b) allows an inspection between 8 am and 7 pm on a day specified in a notice given not less than 48 hours nor more than 14 days before the entry, and not more than once every 4 weeks. Nineteen days' notice is too long, so the notice should be reissued.
Why This Is the Correct Answer
Section 48(2)(b) requires inspection notice of between 48 hours and 14 days.
Why the Other Options Are Wrong
Option B: The inspection time is outside the permitted hours of 8 am to 6 pm.
For ordinary tenancies the window runs to 7 pm; 6:30 pm is inside it.
Option C: It was given less than the required three weeks before the inspection.
There is no three-week rule; the notice must be between 48 hours and 14 days ahead.
Option D: Nothing, because any notice of at least 48 hours is valid for an inspection.
The Act also sets a maximum of 14 days, which this notice exceeds.
Background Knowledge for Property Management
Source: https://www.legislation.govt.nz/act/public/1986/0120/latest/whole.html
Exam Tip for Property Management
Inspection notice: no less than 48 hours, no more than 14 days.
Common Mistakes to Avoid on Property Management Questions
- •Forgetting that the inspection notice has a maximum as well as a minimum.
More Property Management Questions
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A property manager discovers a tenant has been subletting rooms without permission for 6 months, generating significant income. The head tenant is otherwise compliant and rent is current. What factors would most influence the Tenancy Tribunal's decision on termination?
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- → Which of the following is NOT a mandatory requirement for tenancy agreements under the Residential Tenancies Act?
- → How much notice must a landlord give a tenant before conducting a routine property inspection?
- → A tenant has given 21 days' notice to terminate a periodic tenancy but wants to leave 5 days early. What must happen for this to be legally acceptable?
- → A tenant claims bond refund for $1,200 but the landlord disputes $400 for carpet cleaning. The tenant disagrees and applies to the Tenancy Tribunal. What happens to the bond during this dispute?
- → How often may a landlord carry out routine inspections during a tenancy?
- → A landlord wants to increase rent for a periodic tenancy. What is the minimum notice period they must give?
- → During a property inspection, a property manager discovers the tenant has installed a spa pool without permission. What is the most appropriate first step?
- → By what date did all private rental properties in New Zealand have to comply with the healthy homes standards?
- → A property manager conducts an inspection and finds the tenant has installed a heat pump without permission. The tenancy agreement prohibits alterations without consent. What can the landlord legally require?
- → During a property inspection, a landlord notices the tenant has changed the locks. Under what circumstances is this legally permitted?
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