Rules About Entry
- A lawful reason must exist for the proposed entry
- You must be given required notice of the entry
- The proposed entry time must be reasonable
- The lessor, provider or their agents must respect your privacy
In residential tenancies, if the entry is by the lessor and/or agent (renting or selling), without a third person such as a tradesperson, the notice must give you a two hour ‘window of entry’ during which the entry will commence.
However the entry may continue after this two hour period. For example, if you receive notice that an inspection will begin between 9.00am and 11.00am the agent or lessor may enter at 10.45 but not fi nish the inspection until 11.15am
Remote location exemptions
If you live in a remote location and there is a shortage of qualified tradespeople, the lessor or provider does not have to give you a written entry notice, or specify a two hour time-frame when the entry will begin. This applies if the entry is to carry out repairs or maintenance, or is an entry to comply with requirements of the
Electrical Safety Act 2002 in relation to approved safety switches, or comply with Fire and Rescue Service Act in relation to smoke alarms.
In rooming accommodation, if entry is to more than one room, the notice may be given by posting it on a notice board, or another place it is likely to be seen by residents. In rooming accommodation the provider must respect your privacy when they enter your room.
If you are in or near your room when an entry is about to occur, the provider must let you know that they are about to enter. The provider must not stay in your room longer than is necessary to carry out the entry.
Who can enter?
The lessor, agent or provider can enter the premises, and they can enter with another person if this is necessary to achieve the purpose of the entry. If the entry is to protect the premises from damage, they may enter with a police officer. The lessor or provider may appoint a secondary agent, such as a sales agent, to act on their behalf.
If a secondary agent seeks to enter the premises, without the lessor, agent or provider present, you can ask the secondary agent to show you evidence of their appointment by the lessor or provider. They can only enter the premises without the lessor or provider, if they show you this evidence, or if you otherwise agree to the entry.