Entry to the premises
When a tenant is renting a property or room, it is their home. The lessor/agent or manager may need to enter it for an inspection, repair or a viewing, but it is important that the tenant’s privacy is respected. The lessor/agent or manager can only enter a rental property for a valid reason and if the correct notice has been given.
Entry notice periods are shown in the table below:
|Lawful purpose of entry
|To inspect the premises
||A maximum of one routine inspection in a three month period.
|A follow up inspection to check a significant breach has been fixed
||Entry must occur within 14 days of the expiry date on the Notice to Remedy Breach (Form 11) or R11 for rooming accommodation.
|To carry out repairs or maintenance to the premises including safety switch and smoke alarm installation
||Entry can occur without notice if the premises is located in a remote area and there is a shortage of tradespeople.
|A follow up inspection to check on repairs undertaken
||Entry must occur within 14 days of the maintenance or repairs being completed.
|To show the premises to a prospective purchaser
||A reasonable amount of time must have passed since the last entry for this reason. There are different rules for open houses.
|To show the premises to a prospective tenant
||A reasonable amount of time must have passed since the last entry for this reason. There are different rules for open houses. The tenant must have also given a Notice of Intention to Leave (Form 13) or a Resident leaving Form R13 for rooming accommodation, or received a Notice to leave (Form 12) or Form R12 for rooming accommodation.
|To allow a valuation of the premises
|If you reasonably believe the premises have been abandoned
|If the tenant agrees that you or your agent can enter
||At the agreed time
- The entry rules for rooming accommodation are different to general tenancies and moveable dwellings.
- In most cases tenants must be given notice using the Entry notice (Form 9).
- The exceptions are:
- in an emergency
- if the lessor/agent believes entry is necessary to protect the premises from damage that is about to happen
- if the tenant verbally agrees with the entry
- to carry out site maintenance in a caravan park (if specified in the tenancy agreement)
- Entry must be at a reasonable time, between 8am and 6pm Monday to Saturday, and if outside these hours or on a Sunday or public holiday, only if the tenant agrees.
- If the lessor/agent is entering for a general inspection, they must specify a time or 2-hour window and must enter the premises within that time.
- The 2-hour window timeframe does not apply to other people, such as a tradesperson or valuer.
- The tenant does not have to be present during the entry, but it is recommended that they should be there.
- The tenant cannot prevent the agent from entering if the correct notice, form and time have been given.
- A tenant can dispute an entry by discussing the issue with the agent or lessor. If the issue has not been resolved the RTA’s Dispute Resolution Service can be used.
- Entry relating to the sale of a property is discussed on our When a property is for sale page.
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