Problems and disputes frequently asked questions

What can I do if the landlord or tenant is disturbing the neighbours, my other tenants, or me?

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

A landlord may not unreasonably interfere with the tenant’s peace, comfort or privacy in use of the tenancy. They must also take steps to ensure that none of their tenants unreasonably interfere with the quite enjoyment of any of their other tenants.

Where either the landlord or tenant is in breach of their obligations surrounding quiet enjoyment, they can be issued with a notice to remedy. Where this is not complied with, or the breach is so serious that it would be inequitable for the tenancy to continue, an application may be made to the Tenancy Tribunal to end the tenancy and compensation may also be sought against the party who committed the breach.

What can I do if my landlord takes my things?

The landlord cannot seize or dispose of the tenant’s goods as security or in payment for rent owing, or for any other reason arising from the tenancy, except pursuant to an order of the Tenancy Tribunal.

 

Where the landlord seizes the tenant’s goods, the tenant can recover these from the landlord or may apply to the Tenancy Tribunal for their return, or compensation for their loss. If the landlord has seized goods, tenants may also seek exemplary damages to be awarded against the landlord.

At the end of the tenancy, if the tenant abandons goods at or in the property, the landlord can dispose of any perishable goods and can apply to the Tenancy Tribunal to dispose of the rest.

When can the landlord come into or onto the property?

The landlord may enter into the property with the consent of the tenant, with notice, pursuant to a Tenancy Tribunal order, or without consent or notice in an emergency.

Landlords do not need to give notice to enter onto the grounds or into facilities. Facilities include all facilities provided by the landlord for the use and enjoyment of the tenant otherwise than as a part of the premises that are the subject of the tenancy agreement. These may include such things as land or buildings for storing or parking motor vehicles, laundry facilities, cooking facilities, lifts and stairways, rubbish storage and disposal facilities, toilet and washing facilities, appliances for heating or cooling the property, communication facilities, recreational areas, lawns, gardens and outhouses.

Although landlords do not need to give notice to enter onto the grounds or into facilities, they do have to avoid unreasonably interfering with the tenant’s peace, comfort and privacy in use of the property.

To inspect a property, the landlord must give at lease 48 hours’ notice. This cannot be given more that 14 days ahead of time. Only one inspection can be done in any period of 4 weeks. Inspections must be conducted between 8 am and 7 pm.

To carry out necessary repairs or maintenance, the landlord needs to tell the tenant the reason for entry and give the tenant at least 24 hours’ notice. Repairs should be done between 8 am and 7 pm.

To show the property to prospective tenants, purchasers or a registered valuer who is engaged in the preparation of a report, the landlord needs the prior consent of the tenant to enter the property. The tenant cannot unreasonably refuse consent but may attach reasonable conditions to their consent.

The landlord must not use force or threat of force to enter or attempt to enter the property while the tenant, or any other person with the tenant’s permission, is in the property. A landlord who does this may be liable for a fine or imprisonment.

What happens if my flatmate causes damage or owes rent?

All tenants named on a tenancy agreement are jointly and severally liable for the tenancy agreement. This means, if any damage, rent arrears, cleaning or other debt arising from the tenancy is caused by one tenant, that tenant and all of the other tenants who are party to the tenancy agreement can be held accountable. The landlord could recover compensation for any money owed to them by that tenant or from all or any of the other tenants party to the tenancy agreement.

Tenants do not have to take out an insurance policy to protect them against damage caused intentionally or carelessly to a landlord’s property, but it may be a sensible precaution. Some contents policies will include personal liability insurance, while others will not. See our information sheet What insurance do I need?

If a tenant is held accountable for a debt incurred by one of their flatmates, they may be able to address this through the Disputes Tribunal. For information about the Disputes Tribunal contact the nearest Citizens Advice Bureaux  or community law centre .

What can I do about a dispute with my flatmate?

The Residential Tenancies Act 1986 covers the relationship between landlords and tenants for residential tenancies that fall within the jurisdiction of the Act. It does not deal with disputes between flatmates.

If there is a dispute between flatmates to a tenancy, you could seek advice from the nearest Citizens Advice Bureaux  or community law centre .