You are using a version of the website built for webcrawlers and people whose devices cannot use javascript. Some functionality may not be available.
Contents (2010 - 42)
Skip contents
Residential Tenancies Act 2010 No 42
Current version for 7 July 2017 to date (accessed 20 August 2017 at 10:27)
Part 3 Division 4
Division 4 Landlord’s rights to enter residential premises
55   Access generally by landlord to residential premises without consent
(1)  A landlord, the landlord’s agent or any other person authorised by the landlord may enter residential premises during a residential tenancy agreement without the consent of the tenant, and without giving notice to the tenant, only in the following circumstances:
(a)  in an emergency,
(b)  to carry out urgent repairs,
(c)  if the landlord, landlord’s agent or person has made a reasonable attempt to obtain entry with consent and has reasonable cause for serious concern about the health or safety of the tenant or any other person that the landlord, landlord’s agent or person believes is on the residential premises,
(d)  if the landlord forms a reasonable belief that the residential premises have been abandoned,
(e)  in accordance with an order of the Tribunal.
(2)  A landlord, the landlord’s agent or any other person authorised by the landlord may enter residential premises during a residential tenancy agreement without the consent of the tenant, after giving notice to the tenant, only in the following circumstances:
(a)  to inspect the residential premises, not more than 4 times in any period of 12 months, if the tenant has been given not less than 7 days written notice each time,
(b)  to carry out or assess the need for necessary repairs (other than urgent repairs) to, or maintenance of, the residential premises, if the tenant has been given not less than 2 days notice each time,
(c)  to carry out, inspect or assess the need for work for the purpose of compliance with the landlord’s statutory obligations relating to the health or safety of the residential premises, if the tenant has been given not less than 2 days notice each time,
(d)  to value the property, not more than once in any period of 12 months, if the tenant is given not less than 7 days notice each time,
(e)  to show the premises to prospective tenants, a reasonable number of times during the period of 14 days preceding the termination of the agreement, if the tenant is given reasonable notice each time,
(f)  if the landlord and tenant fail to agree under section 53 to show the premises to prospective purchasers, not more than twice in any period of a week, if the tenant is given not less than 48 hours notice each time.
(3)  This section does not apply to any part of premises to which the tenant does not have the right of exclusive occupation.
(4)  This section is a term of every residential tenancy agreement.
56   Entry with tenant’s consent
(1)  The landlord, the landlord’s agent or any other person authorised by the landlord may enter the residential premises at any time during the residential tenancy agreement with the consent of the tenant.
(2)  This section is a term of every residential tenancy agreement.
57   Limits on entry by landlord or others without consent
(1)  A landlord, the landlord’s agent or other person who enters residential premises under a right to enter the premises without the consent of the tenant:
(a)  must enter the premises between the hours of 8.00 am and 8.00 pm, and
(b)  must not enter on a Sunday or a public holiday, and
(c)  must not stay on the residential premises longer than is necessary to achieve the purpose of the entry to the residential premises, and
(d)  must, if practicable, notify the tenant of the proposed time and day of entry.
(2)  A person authorised by the landlord or landlord’s agent must not enter residential premises under a right to enter the premises without the consent of the tenant unless:
(a)  the person first obtains the written consent of the landlord or landlord’s agent, and
(b)  the person produces the consent to the tenant if the tenant is at the premises.
(3)  This section does not apply to entry:
(a)  as agreed with the tenant, or
(b)  in an emergency, or
(c)  to carry out urgent repairs, or
(d)  if the landlord forms a reasonable belief that the premises have been abandoned, or
(e)  in accordance with an order of the Tribunal.
(4)  This section is a term of every residential tenancy agreement.
58   Duty of tenant to give access to residential premises
(1)  A tenant must permit a landlord, landlord’s agent or other person exercising a right of access to the residential premises in accordance with this Division to have access to the premises.
(2)  This section is a term of every residential tenancy agreement.
59   Landlord must only enter premises in accordance with Division
(1)  A landlord, the landlord’s agent or other person authorised by the landlord must not enter the residential premises during the residential tenancy agreement, except in accordance with this Division.
Maximum penalty: 20 penalty units.
(2)  This section is a term of every residential tenancy agreement.
60   Landlord’s remedies relating to access to premises
(1)  The Tribunal may, on application by a landlord, make any of the following orders:
(a)  an order authorising the landlord or any other person to enter the residential premises for a purpose permitted under this Division,
(b)  an order authorising the landlord or any other person to enter the residential premises for the purposes of showing the residential premises to prospective purchasers on a periodic basis,
(c)  an order authorising the landlord or any other person to enter the residential premises for the purpose of determining whether the tenant has breached a term of the residential tenancy agreement.
(2)  The order may specify the days and times, and purposes for which, entry to the residential premises is authorised.
61   Tenant’s remedies relating to access to premises
(1)  The Tribunal may, on application by a tenant, make an order specifying or limiting the days and times, and purposes for which, entry to the residential premises by a landlord, landlord’s agent, agent for the sale of the residential premises or other persons is authorised.
(2)  The Tribunal may, on application by a tenant, order the landlord or the landlord’s agent to pay compensation to the tenant for damage to or loss of the tenant’s goods caused by any person in the exercise of a power of the landlord or landlord’s agent to enter residential premises under this Act or the residential tenancy agreement.