RESIDENTIAL TENANCIES AUTHORITY

Entry to premises

The lessor/agent must take reasonable steps to ensure the privacy of tenants. They are allowed to enter the property in accordance with the rules of entry under the Act, but there are steps that must be followed:

A lessor/agent may not hold an open house to sell or re-let the premises without the written consent of the tenant.
In most cases, the lessor/agent must give the tenant notice in writing using an entry notice (form 9).
Entry must happen at a reasonable time. Lessors/agents are unable to conduct an entry on Sundays or Public Holidays, or between 6:00pm and 8:00am on other days, unless both tenant and lessor/agent agree.
If alone or with a selling agent, the lessor or their agent must specify a two hour time period on the entry notice during which they intend to enter the premises. The lessor/agent must enter the property during that particular two hour period. They can then stay in the property past the end of the two hour period to complete the job. This does not apply to entry by tradespeople.
The lessor or their renting agent or their selling agent may enter with another person e.g. tradesperson to complete repairs or a police officer if a tenant is damaging the property as long as the correct amount of notice is given. On these occasions, a two hour time period is not required.

If the tenant has concerns about the entry time, it is best they contact the lessor/agent immediately. It may be possible to negotiate another entry time suitable for both parties.

If the lessor/agent has followed the rules set out by the laws, provided the correct notice and entry is proposed at a reasonable time, they can still enter the premises to conduct their lawful business.

Failure to comply with these requirements is an offence and tenants can make a complaint to the RTA if they believe the entry to the premises was unlawful.

A lessors/agent may enter a property at any time with the tenant's permission.

Lawful purpose of entry	Minimum notice
If the tenant verbally agrees that the lessor/agent can enter.	No timeframes apply but lessor/agent must enter at the agreed time.
To inspect the premises	7 days (a maximum of 1 routine inspection every 3 months) except for a short tenancy agreement in moveable dwellings.
Follow-up inspection to check a significant breach has been remedied(Significant breach is defined in the Act s 192.2).	24 hours (the entry must occur within 14 days of the expiry date on the notice to remedy breach - form 11).
To carry out repairs or maintenance to the premises.	24 hours (the entry can occur without notice if the premises are located in a remote area and there is a shortage of tradespeople).
To carry out maintenance of a site in a caravan/moveable dwelling park.	No notice required if the agreement allows for it.
Follow-up inspection to check a the quality of repairs and maintenance by a tradesperson.	24 hours (the entry must occur within 14 days after the completion of the repairs or maintenance).
To comply with the Fire and Rescue Service Act 1990 in relation to smoke alarms.	24 hours (the entry can occur without notice if the premises are located in a remote area and there is a shortage of tradespeople).
To comply with the Electrical Safety Act 2002 in relation to approved safety switches.	24 hours (the entry can occur without notice if the premises are located in a remote area and there is a shortage of tradespeople).
To show the premises to a prospective purchaser.	24 hours notice and a reasonable time has elapsed since the last entry for this reason. A notice of lessor's intention to sell (form 10) or a notice to leave (form 12) must have been given by the lessor/agent or the tenant must have given a notice of intention to leave (form 13).
To show the premises to a prospective buyer or tenant.	24 hours notice and a reasonable time has elapsed since the last entry for this reason. Must also have given a notice to leave or have received a notice of intention to leave.
To allow a valuation of the premises.	24 hours.
If the lessor/agent reasonably believes the premises have been abandoned.	24 hours.
In an emergency.	No notice required.
If the lessor/agent reasonably believes that entry is needed to protect the premises or inclusions from damage that is about to happen, or further damage.	No notice required.
By order of the tribunal.	As specified in the order.

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