This information only applies to rooming accommodation. There are different rules for entry in general tenancies and moveable dwellings.
When a resident rents a room, it’s their home. The property manager/provider can only enter the room for a valid reason and if the correct notice has been given using the Entry notice (Form R9). The property manager/provider can enter the room with another person if it’s required for the purpose of the entry (e.g. entering with a tradesperson to complete repairs).
If the resident is in or near their room at the time of the entry, the property manager/provider must also tell the resident about the proposed entry.
While there are valid reasons to enter a room, it’s important to respect the resident’s privacy and their right to quiet enjoyment.
Entry to provide services included in the agreement
Your rooming accommodation agreement may include services like meals or personal care. The special terms of your agreement typically include:
- the included services
- when regular entry will take place
- how you will be told about any changes to the entry times.
The property manager/provider, or someone working on their behalf, does not need to give you an Entry notice to enter your room and provide services included in your agreement.
The rules of entry apply to anyone working on behalf of the property manager/provider.
Entry by someone working on behalf of the property manager/provider
If someone needs to enter your room and they are not accompanied by the property manager/provider, and they are not the person you normally pay , you can ask them to provide written evidence they are working on behalf of the property manager/provider. If they don’t have written evidence, they cannot enter or stay in your room.
Notices posted in common areas
If the property manager/provider wants to enter more than one room for any reason other than a general inspection, the Entry notice can be put on a noticeboard or in another place where it will be seen by residents. Entry notices posted in common areas must be posted at least 48 hours before the first entry.
For example, the property manager/provider may post a notice on a central noticeboard stating the times they plan to enter the residents’ rooms each week.
| for entry | Notice periods | Details |
|---|---|---|
| Entry to common areas | Not required | The property manager/provider can enter common areas without an Entry notice |
| Resident agrees to the entry (mutual agreement) | At the agreed time | The resident can agree verbally or in writing |
| Inspection | 48 hours | General inspections are limited to once per month |
| Clean the room | 24 hours | Unless the resident and the property manager/provider have agreed on a regular time in their Rooming accommodation agreement. |
| Routine repairs and maintenance | 48 hours | |
| Install, maintain or replace a smoke alarm | 48 hours | |
| Carry out pest control | 48 hours | |
| Show the room to a prospective buyer | 48 hours | |
| Show the room to a prospective resident | 48 hours | |
| To allow a valuation of the room | 48 hours | |
| The property manager/provider suspects the room has been abandoned | 48 hours |
Time of entry
Entry should be made at a time that is reasonable to both parties.
The resident cannot stop the property manager/provider from entering the room if:
- the correct notice has been given, and
- the entry is at a reasonable time.
The resident does not need to be in the room when the property manager/provider enters. However, if the resident wants to be present or if the proposed time is not reasonable, parties should communicate to work out a suitable entry time.
The property manager/provider must not stay in the room for longer than needed to carry out the purpose of the entry.
When an entry notice is not required
An Entry notice is not required:
- to enter common areas
- if the resident agrees to the entry (verbally or in writing)
- in an emergency
- if the property manager/provider reasonably believes the room has been abandoned
- to carry out urgent repairs (e.g. repairing gas, electricity or water facilities).
Entry following a Notice to leave or Notice of intention to leave
If a property manager/provider gives the resident a Notice to leave (Form R12), or the resident gives the property manager/provider a Notice of intention to leave (Form R13), the property manager/provider cannot enter the room more than 2 times within a 7 day period. This limit applies even if a Notice to leave is given to the resident at the beginning of the agreement.
This limit does not prevent the property manager/provider from entering the room:
- if the resident agrees to the entry
- in an emergency
- if the property manager/provider reasonably believes the room has been abandoned
- to carry out urgent repairs.
Disputes about entry
It’s important that residents and property managers/providers work together. We recommend communicating openly about the reason for the entry, working out a time that suits everyone, and documenting any decisions in writing.
If you are unable to agree, you can apply for the RTA’s free dispute resolution service. If you are still unable to agree, the person who lodged the initial dispute resolution request can choose to apply to the Queensland Civil and Administrative Tribunal (QCAT) for a decision.
Alternatively, parties can make an urgent application to QCAT for disputes about entry to the property.
If you believe the rules of entry have not been followed, you can request an investigation.