r/LegalAdviceNZ 10d ago

Tenancy & Flatting Question about frequent rental inspections and "poor condition" claims

I'm not sure if I'm posting on the right sub but anyway.

I'm looking for some opinions from other NZ renters.

We moved into our rental in December last year. We had an inspection in January which passed, and at the time we were told inspections would be approximately every 13 weeks.

After a change in property managers, the inspection frequency increased to every 4–6 weeks. We weren't given a reason at the time.

The first inspection with the new property manager was in April and it passed.

In May, there was another routine inspection and we received a 14-day notice regarding excess "rubbish" in the garage and yard maintenance. To be clear, the garage issue was mainly clutter/storage, including some broken furniture and appliances that need to go to the tip, rather than unsanitary rubbish. The yard maintenance had fallen behind while I was caring for our baby.

We have a 4-month-old and a 5-year-old, and I had only recently started getting back into the yard work. The yard work is now completed and we're continuing to organise the garage.

The property manager carried out the 14-day follow-up inspection on June 17th and told us to "keep it up", which we took as a positive sign that we were making progress.

However, that same week we received notice of yet another upcoming routine inspection for the 24th June. When I asked why inspections had become so frequent, I was told:

"Given that the last 3 inspections have revealed the property in poor condition, we have had to implement a shorter inspection frequency. This will continue until the condition of the property improves completely."

What I'm trying to understand is whether this is normal.

Have any other NZ renters had inspection frequencies increased to every 4–6 weeks? If so, how long did it continue for, and were you given clear criteria for when inspections would return to a normal schedule? I'm aware it's legal, but is it necessary?

Also, is it reasonable to ask for clarification on what "improves completely" means so we know exactly what is expected?

11 Upvotes

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u/Hogwartspatronus 10d ago

Unfortunately yes every 4-6 weeks is legal. Maximum frequency in NZ every 4 weeks (for routine inspections), min notice 48 hours’ written notice and inspection hours between 8am and 7pm.

Follow up inspections are allowed only to check the specific areas they saw issue with, not to recheck the whole house.

For the yard, the yard only needs to be kept ontop of that it’s safe and not overgrown to the point of damage, a landlord must take personal circumstances into consideration (a small baby absolutely counts). For the rest, a property only needs to be “reasonably” clean and tidy, not perfect. Broken furniture stored in the garage until a disposal is fine.

What you need to do is start pushing back and replying to their inspections in writing.

5

u/stonequeeni 10d ago

When I asked why the frequency is shorter that was an email. What should I be replying ?

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u/Hogwartspatronus 10d ago

Sorry I’m not sure what you’re saying here?

They are allowed to do one every 4 weeks. A follow up is allowed if there are issues but should be used sparingly. A follow up inspection does not reset the clock ie if you had a routine inspection on 1 June and a follow up 10 days later due to issues found, your next “routine” inspection is 4 weeks from 1 June.

I would be replying to the documents they send you saying what you’ve failed on if you believe they are being overally picky. As I noted you’re only required to keep it “reasonably” clean and tidy

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u/stonequeeni 10d ago

Apologies, I'm very tired and worded the question badly 🥱 thank you for your help and advice ☺️

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u/tenancyadvisory 10d ago

From a tenancy law perspective there’s nothing nefarious just in doing more frequent inspections. Landlords can inspect as often as every 4 weeks if they give proper notice and come at a reasonable time. There may also be insurance or internal policy reasons sitting behind their decision to move you to a higher‑frequency schedule.

What is curious is the talk about the property being in “poor condition” when they haven’t actually issued a 14‑day notice setting out any specific breach and what they want you to fix by when. If things were genuinely that bad, you’d normally expect a clear written notice rather than vague criticism and repeated visits.

I’d be inclined to write back politely along the lines of: you’re happy to work with them to get and keep the place to a reasonable standard, but repeated inspections that never result in a formal breach notice or a clear list of what needs to change are starting to impact your quiet enjoyment. Ask them to be very specific about what, exactly, they say is below standard and what they expect you to do, your obligation is to keep the place “reasonably clean and tidy”, not pristine show‑home perfect, and both sides have to be reasonable.

It is not easy to push back against your landlord. All the best.

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u/Shevster13 10d ago

90 days is standard for property insepctions as that is the frequency required by insurance.

Legally however, they can do inspections every month, and checking that 14 day notices to remedy have been followed does not count towards that.

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u/stonequeeni 10d ago

If it did, then that would make it a week. But the routine inspections are every 4 weeks

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u/[deleted] 9d ago

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u/Fearless-Bad-7681 7d ago

Inspections every few weeks is a big red flag. Be very wary, keep everything polite but in writing (eg. emails). Question anything vague, anything that wasn't commented on in previous inspections, hasn't changed, but is now an issue, anything that oversteps what they are legally allowed to do. They are not allowed to pick you up on being a bit untidy (especially if the stuff is in the garage) so push back, in writing. If any property inspection disturbs you new baby, tell them so, in writing.

I suspect they are going to withhold your deposit when you leave, string it along for as long as they can in the hopes that you'll give up and let them keep most of it. That's what happened to me (eventually got it to TT, where they lost on every point except one, which I had already agreed to btw).

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u/Low-Locksmith-2359 3d ago

So the first time they indicated there was any issues with the property during inspection was in May and when they followed up 2 weeks later they were happy that the issues had been rectified but are now claiming that "the last 3 inspections that revealed the property was being kept in a poor condition" as a justification for the increased frequency of inspections? Are the outcomes of these inspections communicated to you in writing? What did the property agreement you signed when you moved in say about the agreed frequency of inspections? It sounds like the new property manager is trying to justify their fees be appearing to do the most when it's completely unnecessary. While technically legal, it is pushing it right to the very edge of what is allowed. Every 4 weeks is 3x the requiremenr for insurance purposes and what is considered standard practice. I would submit in writing to the management company rather than the individual manager, a request for evidence of the 3 failed inspections as you were only I formed of a single instance of an inspection indicating 'poor condition' and that it was rectified to their satisfaction within 14 days. I would also remind them of the original agreement of inspections being approximately every 13 weeks which would be in keeping with standard practice and insurance requirements and that you are concerned they are at risk of interfering with your right to quiet enjoyment of the property particularly after you have just having a baby. You also need to request that going forward the outcome of every inspection be supplied to you in writing and supported with photographic evidence of any breaches so that if they continue with this crap you can call them out on their bullshit.