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Right Entry by a Landlord

Your tenant enjoys the same rights in regards to privacy as anyone else.  For this reason the law is quite specific about when you as landlord (or your agent or anyone acting on your behalf) can enter your rental property. You are only allowed to enter the property at certain times and for certain reasons and you are not allowed to drop by unexpectedly, or to try and look over the fence or through windows.

Even if you are on good terms with your tenant and they do not mind you entering the property, make sure that this has been clearly agreed upon so you don’t inadvertently do the wrong thing and to avoid misunderstanding.

The Department of Fair Trading has listed the acceptable reasons for a landlord or their agent entering a property, and the amount of notice that you are required to give your tenant in each case:

 

Reason

Notice required

To inspect the premises (no more than four times per year)

At least 7 days written notice

To do ordinary repairs or carry out maintenance

At least 2 days’ notice 

To carry out urgent repairs, such as fixing a burst water pipe, a gas leak or a blocked toilet (see clause 19 of the lease for a full list of matters considered to be urgent repairs) 

None

To comply with health and safety obligations, such as installing smoke alarms

At least 2 days’ notice

To obtain a property valuation (no more than once in 12 month period)

At least 7 days’ notice 

To show a prospective tenant (only permitted in the last 14 days before the existing tenancy is due to end)

Reasonable notice on each occasion

In an emergency 

None

If you have tried to contact the tenant and been unable to do so and have reasonable cause for serious concern about the health or safety of the tenant or other occupants

None 

If you reasonably believe the premises have been abandoned

None 

To show the premises to prospective buyers

2 weeks’ written notice before first inspection.
Subsequent inspections as agreed with the tenant or, if there is nothing agreed, no more than 2 inspections per week, with 48 hours’ notice each time

In accordance with a NSW Civil and Administrative Tribunal order

As determined by the Tribunal

 

For more information visit the Department of Fair Trading website