Sale of Premises - What is reasonable access?
There is no precise definition of reasonable access because there are so many variables. What is reasonable will depend on individual circumstances. The standard terms provide a basis to work from. Clause 76 limits access. It says the landlord or agent shall not have access:
- (a) On Sundays;
- (b) On public holidays; or
- (c) Before 8.00am or after 6.00pm, unless there are urgent repairs, health or safety issues, or the tenant consents.
So, you can consent to this access but you are fully entitled to refuse it.
The landlord or agent cannot demand access on these days or at these times.
Additionally, Clause 52 states that the landlord shall not cause or permit any interference with the reasonable peace, comfort or privacy of the tenant
This clause puts an important restriction on the access that the landlord or agent is entitled to. While the law requires a tenant to allow access, at some point this access might breach Clause 52, and the tenant would then be entitled to refuse to allow it.
Information supplied courtesy of the Tenants Union of ACT
Further information and advice for ACT tenants can be sourced from