Tenants have the right to peace, comfort, and privacy when renting a property. Laws regulate when and how often landlords, agents, or authorized individuals can enter a rented property. In most situations, a landlord, agent, or their representative can only enter without the tenant’s permission if they provide prior notice.
Permission and Notice:
Landlords, agents, or their representatives generally need the tenant’s consent or must give notice before entering the property. Tenants can also permit entry at any time for any reason.
Minimum Notice Periods:
Here’s a breakdown of reasons for entry without consent and the minimum notice required:
Property Inspection:
At least 7 days’ written notice (up to 4 times a year).
Repairs or Maintenance:
At least 2 days’ notice.
Urgent Repairs:
No notice required for emergencies like burst pipes or gas leaks.
Health and Safety Obligations:
At least 2 days’ notice for inspections related to safety measures.
Smoke Alarm Inspection or Replacement:
Notice required, ranging from 1 hour to 2 days.
Property Valuation:
At least 7 days’ notice once a year.
Photography or Videos for Advertisement:
Reasonable notice, allowing the tenant to move belongings out of the picture frame/video scope.
Showing the Property to Prospective Tenants:
Reasonable notice, except in emergencies or cases of abandoned property.
Limits and Conditions:
There are restrictions on entry times (usually not permitted on Sundays, public holidays, or outside 8 am to 8 pm). Landlords should notify tenants of an approximate entry time and avoid overstaying.
Entry Conditions:
The landlord or their representative must have written consent, display it to the tenant if present during entry, and adhere to specific conditions.
Tenant Absence:
If the tenant isn’t home and proper notice has been given for a valid reason, entry without consent is allowed. However, if the tenant obstructs entry despite proper procedures, they might breach the agreement.
Alternative Arrangements:
Tenants can arrange for someone else to be present or give written permission for entry in their absence to avoid disputes.
Compliance is Key:
Landlords, agents, or their representatives must follow these rules. Tenants can contact the Tribunal for serious or persistent issues or damage to goods.