This question is from Alan (paraphrased to suit this format):
What are the rules for hosting open homes under the traffic lights? What can I ask tenants to do? Can I ask them to leave the premises during the viewing?
Our answer is in two steps:
Step 1: What does the law say about hosting open homes during a tenancy?
It says that the landlord can enter the property for the purpose of hosting open homes (for prospective buyers or tenants) at a reasonable time with the tenant’s prior permission (see s48(3) of the Residential Tenancies Act). While the tenant can attach reasonable conditions with his consent, it would be unlawful for him to unreasonably withhold his consent (maximum fine $1,500). It is important to note that, strictly speaking, it is the tenant, not the landlord, who sets reasonable conditions for access. So is there a legal basis for the landlord to ask the tenant to vacate the property during open homes? We think not.
The Tenancy Tribunal has previously found it reasonable for a tenant to refuse his landlord access under Level 3 citing COVID related risks. It will be up to the Tribunal to determine whether that is still the case under the traffic lights system.
Operationally, under the traffic light system, government, REA, REINZ (red and orange) guidances state:
- At all levels, tenant’s prior consent must be sought for unvaccinated people (including prospective buyers and open home faciliators) to come onto the property as part of the sales process or whether all onsite activities must be subject to My Vaccine Pass...
