38 Quiet enjoyment

(1)

The tenant shall be entitled to have quiet enjoyment of the premises without interruption by the landlord or any person claiming by, through, or under the landlord or having superior title to that of the landlord.

(2)

The landlord shall not cause or permit any interference with the reasonable peace, comfort, or privacy of the tenant in the use of the premises by the tenant.

(3)

Contravention of subsection (2) in circumstances that amount to harassment of the tenant is hereby declared to be an unlawful act.

(3A)

Without limiting the generality of subsection (3), the landlord commits an unlawful act under that subsection if the landlord enters the premises purportedly under section 48(2B) without any reasonable cause to believe that the tenant has abandoned the premises.

(4)

In this section premises includes facilities.

Compare: Residential Tenancies Act 1978–1981 s 47 (SA)

Section 38(3A): inserted, on 1 July 2016, by section 11 of the Residential Tenancies Amendment Act 2016 (2016 No 26).