Leases give a Tenant a right to exclusive use of a property. More simply they get a legal right to solely occupy and use a property as if it is their own. This means that no other person is allowed to occupy or enter a property without the consent of the Tenant.
So, what happens when the Landlord or their agent needs to get in for some reason?
Generally, a Landlord may need to enter a property so that repairs or inspections can be conducted, because the property is for sale or to comply with health and safety requirements.
In order to do this, they will need the consent of the Tenant.
Landlords and their agents also do not require consent if they are entering the property because of an emergency, to carry out emergency repairs or if they genuinely believe that the property is abandoned.
However, there are circumstances in which the Tenant’s consent is not required, if the Landlord has given a certain amount of notice to the Tenant.
The notice period in which a landlord is required to provide a tenant varies and comes down to the reason for which access is sought.
Here are some common reasons why a landlord might seek access and the required notice periods under the Residential Tenancies Act:
To complete an inspection: 7 days (Max 4 times in 12 months)
Carry out necessary repairs: 2 days
To comply with WHS obligations: 2 days
To obtain a property valuation: 7 days
To take photos to advertise property for sale: Reasonable notice (max once in 28-day period before marketing)
To show potential buyers: 14 days
You can, of course agree to waive the required notice period.
There are also some conditions in which a landlord or their agent is required to uphold. Normally, access is not allowed on Sunday’s, public holidays or at unreasonable times. They are also not allowed to stay in or on the property longer than is necessary to carry out their task.
At Everingham Solomons we have the expertise and experience to assist you in your leasing needs with our Accredited Specialist in Property Law on hand because Helping You is Our Business.
Click here for more information on Sarah Rayner.