A landlord selling a tenanted home wants to show prospective buyers through it. Under the Residential Tenancies Act 1986, how often can viewings happen?
Correct Answer
D) As often as is reasonable in the circumstances, with the tenant's consent
Under section 48(3) of the Residential Tenancies Act 1986, entry to show prospective purchasers needs the tenant's prior consent. The tenant must not withhold consent unreasonably and can attach reasonable conditions (s 48(3A)), such as times or notice. The Act sets no fixed number of viewings. The landlord must also tell the tenant in writing that the property is on the market (s 47).
Why This Is the Correct Answer
Section 48(3) of the Residential Tenancies Act 1986 lets the landlord show the premises to prospective purchasers with the tenant's prior consent. Under section 48(3A) the tenant must not withhold consent unreasonably and may set reasonable conditions, so the number of viewings depends on what is reasonable in the circumstances.
Why the Other Options Are Wrong
Option A: Once a week, after giving 24 hours' written notice
Showing buyers through does not depend on a notice period; it needs the tenant's prior consent (s 48(3)).
Option B: Twice a week, after giving 48 hours' written notice
No twice-a-week rule exists, and viewings rely on consent, not a 48-hour notice.
Option C: Once every 4 weeks, the same as a routine inspection
The once-every-4-weeks limit applies to landlord inspections under section 48(2)(b), not to viewings by buyers.
Deep Analysis of This Property Management Question
This question tests understanding of the balance between landlord rights and tenant rights under New Zealand's Residential Tenancies Act 1986. The Act doesn't prescribe rigid inspection frequencies for sale purposes, instead requiring a 'reasonableness' test that considers multiple factors. This reflects the legislative intent to provide flexibility while protecting tenant rights to quiet enjoyment. The reasonableness standard considers market conditions, property type, tenant cooperation, urgency of sale, and impact on tenant's daily life. This principle extends beyond inspections to many landlord-tenant interactions, emphasizing that property law must balance competing interests rather than applying blanket rules. Understanding this reasonableness test is crucial for real estate professionals as it applies to various scenarios including maintenance inspections, valuations, and emergency access situations.
Background Knowledge for Property Management
Section 48 of the Residential Tenancies Act 1986 separates entry for inspections (48 hours to 14 days' notice, no more than once every 4 weeks), repairs (24 hours' notice), emergencies (no notice), and showing the property to prospective tenants, purchasers, valuers or agents, which needs the tenant's prior consent. The tenant may not withhold that consent unreasonably and may impose reasonable conditions (s 48(3A)).
Memory Technique
Remember REASON: Reasonable, with the tenant's consent, Each situation judged on its own facts, Agree times, Set conditions, No fixed limit on viewings.
When you see inspection frequency questions, immediately think REASON. If options give specific numbers (once/twice per week), be suspicious. Look for the 'reasonable in circumstances' option as it likely reflects the flexible legal standard rather than rigid rules.
Exam Tip for Property Management
For sale viewings, think consent, not notice. Numbers like weekly or 48 hours belong to other kinds of entry.
Real World Application in Property Management
Sarah owns a rental property in Auckland's hot property market and needs to sell quickly due to financial pressures. Her tenant refuses all inspections, claiming harassment. Sarah's agent wants daily viewings to maximize sale price. As a property manager, you'd need to negotiate a reasonable inspection schedule considering the urgent market conditions, tenant's work schedule, and quiet enjoyment rights. This might result in 2-3 inspections per week during peak viewing times, with proper 48-hour notice and consideration for the tenant's circumstances.
Common Mistakes to Avoid on Property Management Questions
- •Applying inspection notice periods to sale viewings
- •Thinking the Act sets a fixed number of viewings
- •Forgetting the tenant cannot unreasonably refuse consent
Related Topics & Key Terms
Key Terms:
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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?
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- → 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?
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