Landlord access to the premises

13-Jun-2013

There is sometimes a lot of confusion about when a landlord or their agent can enter the property and how much notice is required.  There are different notice periods for different inspections and this can sometimes become quite confusing.

Clause 23 of the Residential Tenancy Agreement states: 

The landlord agrees that the landlord, the landlords agent or any person authorised in writing by the landlord, during the currency of this agreement, may only enter the residential premises in the following circumstances:

23.1- in an emergency (including entry for the purpose of carrying out urgent repairs),

23.2- if the CTTT (Consumer Trader and Tenancy Tribunal) so orders,

23.3- if there is a good reason for the landlord to believe the premises are abandoned,

23.4- if there is a good reason for serious concern about the health of the tenant or any other person on the residential premises and a reasonable attempt has been made to obtain consent to the entry,

23.5- to inspect the premises, if the tenant is given at least 7 days written notice (no more than 4 inspections are allowed in any period of 12 mths)

23.6- to carry out, or assess the need for, necessary repairs, if the tenant is given at lease 2 days notice each time,

23.7- to carry out, or assess the need for work relating to statutory health and safety obligations relating to the residential premises, if the tenant is given at least 2 days notice each time,

23.8- to show the premises to prospective tenants on a reasonable number of occasions if the tenant is given reasonable notice on each occasion (this is only allowed during the last 14 days of the agreement)

23.9- to value the property, if the tenant is given 7 days notice (not more than one valuation is allowed in an period of 12 mths)

The tenant can allow access to the premises without the above notice periods providing it is convenient for them. Most agents have a good relationship with their tenants and access arrangement are negotiated between them for a day and time that works for both parties.