Quiet enjoyment means being able to enjoy reasonable peace, comfort and privacy, and allowing others to enjoy the same.

Landlords and tenants both need to respect quiet enjoyment

Tenants are entitled to the quiet enjoyment of the house they rent. This means the landlord may not harass the tenant or interfere with their reasonable peace, comfort and privacy.

Likewise, tenants may not unreasonably interfere with the peace, comfort and privacy of their neighbours or their landlord’s other tenants.

Inspections tells you how much notice a landlord must give before entering the house.

If quiet enjoyment is breached

If either the landlord or tenant breaches someone else’s quiet enjoyment, they can be issued with a 14-day notice to remedy.

Download a 14-day notice to remedy below.

If the landlord or tenant does not comply with the notice, or the breach is so serious that it would be unfair for the tenancy to continue, an application may be made to the Tenancy Tribunal. The application should seek to end the tenancy and maybe also seek compensation from the party who breached the quiet enjoyment.

Boarding houses have special rules about quiet enjoyment.

Tips to help prevent problems with quiet enjoyment

If you’re a landlord

  • make sure all necessary maintenance, repairs and cleaning are complete before the tenant moves in
  • remember it’s your tenant’s home – respect their peace and privacy
  • know how and when you can enter the tenant’s house
  • give proper notice before doing repairs and maintenance
  • consult with your tenant before starting repairs or maintenance that involve noise or fumes.

If you’re a tenant

  • avoid excessive noise and don’t disturb other tenants or neighbours
  • remember that the landlord has the same right as anyone else to knock on the door and speak to you (unless this happens so often it becomes harassment)
  • allow access for necessary repairs, once correct notice has been given
  • allow reasonable access for viewings by possible tenants or buyers.