Landlord Access

[Ebbie]

Hi all,

Can anyone provide a reference to where it says the landlord can enter the premises (with required notice) for repairs or inspections regardless of whether the tenant is able to be present. I found this on the NSW Dept of Fair Trading website:

"It is a term of every residential tenancy agreement that the landlord, the landlord’s agent or any person authorised by the landlord, during the currency of the agreement, may enter the residential premises, but only in the following circumstances:

(a) in an emergency (including entry for the purpose of carrying out urgent repairs),
(b) to inspect the residential premises, on not more than 4 occasions in any period of 12 months, if the tenant has been given not less than 7 days’ notice on each occasion,
(c) to carry out 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 on each occasion,
(d) to show the residential premises to prospective purchasers or mortgagees, on a reasonable number of occasions, if the tenant has been given reasonable notice on each occasion,
(e) to show the residential premises to prospective tenants, on a reasonable number of occasions during the period of 14 days preceding the termination of the agreement, if the tenant has been given reasonable notice on each occasion,
(f) if the landlord forms a belief on reasonable grounds that the residential premises have been abandoned,
(g) at any time with the consent of the tenant,
(h) in accordance with an order of the Tribunal."

It doesn't spell out that you can enter without the tenants being there but I know you can do so if necessary. Is it stated anywhere?

[JoannaK]

What you have quoted is stated in every residential lease.

You can not!! enter the property without the tenants being there unless it is an emergency or you have the prior permission of the tenant.

As far as I know, it doesn't say anywhere that you can enter without the tenants being there, the Act and the lease just outlines what you can do.

[Ebbie]

Thanks JoannaK,

You would think it makes more sense that you could provided you gave written notice and gave the tenants the option of being there. Theoretically then, what would happen if the tenants were rarely home and you wanted to conduct your 4 annual inspections or attend to repairs but didn't have permission to enter without the tenants being present? If access proved difficult to organise a mutually acceptable time you wouldn't necessarily lose your right to inspect the premises.

[geoffw]

My reading of those clauses is that, if you have given the required notice, you can enter regardless of whether the tenant is present or not.

I'd allow a few extra days for the notice, to allow the tenant time to receive the notice.

It's not something I would ever push, assuming I did have the right. It would peeve the tenants no end. In fact, my tenants in the property I manage are pleased that I can inspect out of normal hours- they previously had to arrange to stay back from work, and they always want to be there when the inspection happens.

[Ebbie]

Well it's something I was considering because I've got a very frustrated tradesmen who's given up trying to gain access to attend to repairs. The tenants are never home when they say they will be.

Interestingly I found this on the NSW Tenancy Union's website:

"When can the landlord enter?
The landlord can enter your premises at any time with your consent, by an order from the tribunal, or by giving proper notice.

When can you refuse access?
You can't refuse access to the landlord or someone with written authorisation from the landlord if you are given proper notice."

[Mike F]

If anyone is interested, in SA, as long as the correct amount of written notice has been given for the reason that you are entering, then the landlord can enter, regardless of if the tenant is there or not.

[geoffw]

There's a further link here (http://www.findlaw.com.au/articles/default.asp?task=read&id=5398&site=GN).

Some relevant bitsIf the landlord or agent wants to enter your home, they must:
give you at least 24 hours written notice of their intention to visit, stating the reason they want to visit and the time they intend to visit

deliver the notice by post or give it to you in person between the hours of 8am and 6pm (if the notice is delivered by mail, they must allow an extra 2 days for delivery)

only visit between the hours of 8am and 6pm, and not on public holidays (unless you have agreed otherwise within the last 7 days)
not stay longer than necessary
The landlord, agent or tradesperson may also enter your premises if you have agreed to the entry within the last 7 days.

If they have given proper notice, you have a duty to permit the landlord, agent or tradesperson to enter the premises, even if the time is not suitable for you or you will not be there. However you can try to negotiate a time that will suit you better. The person entering your home must behave in a reasonable manner, and they must leave as soon as they have finished what they came for.

[Simon]

My tenants have no problems with me coming through anytime. The more i have been through and seen how they live the less I feel I need to go through. In fact I am only ever there for maintenance matters now.

As Geoff alluded to it is often the relationship you cultivate that makes things work well. But of course you can't get so friendly that you cannot be tough if the need arises. I am fortunate that my wife is a nazi and we can do the good cop bad cop thing!

Cheers,

[luckyone]

Well, back in the days when we were renting (about 3 years ago now), my husband and I insisted that we be there for all inspections. The property manager made it as hard as possible, by sending letters saying "We will be there between 9am-5pm on such and such a day to inspect your property". We would always ring and try arrange a time we could meet them there, they would never give us one. The best we ever got was a 4 hour time bracket.

I mean, this is the place we rented. We had all our stuff in there. There's no way I would let some virtual stranger walk through the house without me just because the house was rented (and the property manager changed in between every inspection even though they were every 3 months!!!). That's just insane! Why people would let someone into their house without them there is beyond me. Now that we have an investment property, when we found a property manager we made sure that she was available to do inspections outside of normal hours. That way we and the tenants can be there if we choose to do so.

[Ebbie]

The property manager made it as hard as possible, by sending letters saying "We will be there between 9am-5pm on such and such a day to inspect your property". We would always ring and try arrange a time we could meet them there, they would never give us one. The best we ever got was a 4 hour time bracket.Hey Luckyone.
I have received the same letter a couple of times in the past and remember I was annoyed at wasting most of the day stuck at home waiting for the real estate to show. The letter said they would inspect the property regardless of whether I was there...another reason I'd like to know whether it is allowed. Sounds like you may have been using LJ Hooker.

[NickB]

Just wondering how this would affect a tenants insurance claim if something was to go missing on the day of an inspection if you weren't there to "supervise".

Cheers,
Nick

[Ebbie]

Just wondering how this would affect a tenants insurance claim if something was to go missing on the day of an inspection if you weren't there to "supervise".

Cheers,
Nick
From the NSW Tenants Union.....

SHOULD YOU LET THE LANDLORD ENTER WHEN YOU’RE NOT THERE?
Not usually, because many household insurance policies will hold you liable if your possessions are stolen by someone coming in with your consent, e.g. tradespeople or prospective buyers. Even if these people don't steal from your prop er ty, they may do things like leave a door open by mistake. If this
happens, you’re probably not covered by insurance be cause you allowed the people to come onto your premises (seek advice from your insurance company). If goods are stolen you could apply to the Consumer, Trader and Tenancy Tribunal for an order for compensation. However, you have to prove it happened be cause of the landlord's negligence. Contact your local Tenants’ Advice and Advocacy Service for more information

[crest133]

Hi Ebbie
Some laws allow, some forbid. You've quoted us the Residential Tenancies Act which states when the landlord is allowed, so follow it. Abide by the Act that the Tribunal uses because if you enter a property and the tenant lodges a complaint with the Tribunal, they adjudicate on the matter under the Act.
However, it pays to be patient with good tenants to avoid losing them. With bad tenants, it's OK if they move on anyway.
I once worked for a very hard and fast sales company whose policy was to automatically sack on the spot the lowest scoring salesman every monday morning - their theory was that the company could not do worse than their worst salesman, and in sacking him, might get a better one. The owner eventually suicided, there's Karma for you. :eek:
So my point is, it's not just the law that counts, but how you apply it.
cheers ;)
crest133

[Ebbie]

My reading of those clauses is that, if you have given the required notice, you can enter regardless of whether the tenant is present or not.
Hi geoffw, your interpretation and the link you provided were spot on. I've since confirmed it with the Dept of Fair Trading, the NSW Tenants Union, and the Landlords Advisory Service. Having said that I would avoid this wherever possible having been on the receiving end as a tenant.

Thanks.