When the Landlord/Agent Can Visit
(Remember: the term landlord includes an agent)
The landlord can only enter the premises during a tenancy in accordance with the Act.
The landlord is only allowed to enter the premises between 7am and 9pm and must give the tenant the amount of notice prescribed under the Act. The landlord can enter premises for the following reasons with the stated amount of notice:
- To collect rent – At least 7 days’ notice must be given and the collection time previously arranged.
- To complete a condition report – 24 hours’ notice must be given.
- To inspect the premises – At least 7 days’ notice must be given and the landlord can only enter once every 3 months (unless the tenancy agreement states a longer period).
- To carry out or inspect repairs or maintenance on the property – 24 hours’ notice must be given (refer to section 71).
- In an emergency or if significant damage to the premises is threatened – No prior notice required (refer to section 72).
- To show property to prospective tenant – 24 hours’ notice must be given and entry can only be given 28 days before the termination of the tenancy agreement. The landlord must be reasonable about the number of inspections sought.
- To show property to prospective purchaser – 24 hours’ notice must be given. The landlord must be reasonable about the number of inspections sought.
- If premises have been abandoned by the tenant and rent is owing – No notice required.
- If the landlord suspects premises have been abandoned by the tenant, but no rent is owing – Order from the Commissioner required.
Any inspection must be carried out in the presence of the tenant, unless:
- the tenant has refused to be present;
- the tenant has, in writing, waived the right to appear or be represented at the inspection;
- the tenant is not at the premises at the time previously arranged for the inspection; or
- it is an emergency. Both parties may mutually agree to the landlord entering the premises outside of the prescribed frequency and times specified in the Act. In these situations, entry can then take place in accordance with the arrangements that have been mutually agreed.
If (under the terms of the Act) the landlord has the right to enter the premises and a tenant tries to prevent the landlord from entering, the landlord may make an application to the Commissioner for an order permitting entry.