Can a landlord visit their property at any time?
Published 22 May 2019
As tenants, you're entitled to reasonable peace and privacy at the property you're renting. This means that, in general, your landlord cannot drop in to view the property whenever they so choose, but must abide by certain rules when wanting to visit.
No consent and no notice
While, as mentioned above, in general your landlord cannot just come onto the property without warning or consent, there are certain circumstances that override this. These situations include:
- When the landlord needs to make urgent repairs.
- Where there are serious concerns for the health or safety of someone on the premise. In this case, they need to have already attempted to gain consent for entry from you, the tenant.
- When they're obeying an order from the NSW Civil and Administrative Tribunal.
- When the landlord believes you've abandoned the property.
Visiting without consent
A landlord can visit a property at any time, if the tenant gives consent. However, visiting without consent requires them to jump through a few extra hoops. They need to consider the purpose of their visit, how often they frequent the property for that particular reason and the notice they have to provide to you. A few of the specific scenarios include the following:
Inspecting the premises:
- A landlord can only visit to inspect a premise four times in any 12-month period.
- They must provide at least seven days' written notice each time they want to perform an inspection.
Completing a property valuation
- Once per any 12-month period.
- At least seven days' notice is required.
To carry out or assess repairs and maintenance:
- No maximum frequency - this can happen on an as-needed basis.
- Two days' notice is needed before contractors or the landlord can enter the premises.
Rules around a landlord entering without consent
Even if a landlord provides the necessary notice, there are still a few other rules around entering their tenanted property that they need to abide by. They must not:
- Visit before 8 a.m. or after 8 p.m.
- Arrive on a public holiday or a Sunday.
- Linger at the property and take longer than necessary to perform the duty they're visiting for.
As a tenant, you have a right to your privacy. If you believe your landlord or their agent is interfering with your peace and comfort, it's important that you discuss with them the breach in your tenancy agreement.
The expert lawyers at Malouf Solicitors are here to support your rights as a tenant. If you need assistance in handling a residential rental issue, reach out to the team today.
Please call us on 02 8833 2000 to speak with a lawyer
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