When you can – and can’t – enter your rental property

“It’s my property and I have a right to see how my tenant is looking after it” – it’s a common refrain that I hear from landlords all the time.

As a landlord, you do indeed have a right to enter your property but that right is strictly controlled by legislation.

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The starting point is generally this – you cannot enter your rental property without first giving notice in writing to your tenant.

Your tenant has the legal right to quiet enjoyment of the property and the landlord is not permitted to cause any interference with the reasonable peace, comfort or privacy of the tenant. That being said, you absolutely have every right to see how your property – and your tenant – are doing, but you must follow the notice periods set out in the legislation.

Sure, you have a key to your rental. That doesn’t mean you can use it willy nilly.

This is great protection for you and your tenant because everyone knows their rights and obligations and no one can be accused of being heavy handed or intimidating.

The most common times a landlord or property manager will want to enter the property are to conduct routine inspections and to carry out maintenance or repairs.

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You are permitted to carry out 4 routine inspections a year and for each one, you must give your tenant 7-28 days written notice stating the purpose of the entry, the date of the entry and a period of up to 2 hours within which the entry will take place.

If you want to carry out maintenance or repairs, you must give 48 hours notice to the tenant but if the tenant has requested it, you can go in at any time.

You can’t just access your property whenever you want, even if it is your home.

You must also be very careful of the time frame when you enter a property.

You or your property manager should only enter rented premises during normal hours which means between 8am and 8pm on any day other than a Sunday or a public holiday.

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Another really important thing to remember is that if your tenant tells you that they want to be present at the time of entry, then you cannot enter unless you make a reasonable effort to organise a time when the tenant is present. It is always good practice to find a mutually convenient time in any event and this will help you maintain a good working relationship with your tenant.

This is your tenant. Sure, you own the home, but she lives there. So respect her rights.

If you have done everything right, and the tenant then refuses to allow you entry, you can serve a breach notice to the tenant asking them to give access. If the tenant still refuses, then you can apply to the Tribunal for an order for access.

– Answer provided by Paul Edwards, REISA’s Legislation and Industry Adviser

The post When you can – and can’t – enter your rental property appeared first on realestate.com.au.