Are you due for your routine rental inspection? We’ll help you get ready with all you should know. A notice of entry is a written notice or document informing a tenant occupying a given property about admission by the landlord or agent for inspection. While tenants have full authority to restrict entry into their apartment, a notice of entry is the only valid document that permits such admission if it meets the specific rules attached.
On this note, there is a need to learn and understand the rules about notice of entry and its requirements. It is a notice given to you as a tenant by your landlord informing you of a possible entry into the rented property – for emergency repairs, to show prospective buyers, a prospective tenant, maintenance, routine inspection or anything else.
So are there rules to “Notice of entry?” What right does the landlord or agent have over the rented property? Can a tenant refuse entry into their apartment even after receiving the notice? What are these rules and requirements? We shall discuss more on these in this content.
Notice of entry requirements
Each state has its requirements different from the other. Although the landlord owns the place, he must meet your state’s notice of entry requirements. Therefore, the agents or rental providers can enter – if they have a genuine reason and the Residential Tenancies Act permits them.
Below are landlord responsibilities as a requirement and the general requirements for notice of entry.
Must be written
You must put a notice of entry into writing. The writing will contain the reason for access. As a landlord, you have to ensure you reasonably attend to this.
You must specify the notice of entry time to ensure the tenant will be available during the inspection. The specific number of inspections permitted each year and reasonable grounds for such visits differ by state.
Entry notice forms
Before the landlord or agents enter the property, there are two notice of entry forms to use; Form 9 and Form R9. The landlord or agent uses Form 9 to gain the tenant’s consent about a possible entry.
The landlord, agent or property manager fills out the form and sends it to the occupant or tenant. It shows the landlord or agent’s intent to enter the property on a given date.
Note: The landlord or property manager can enter a rental property with valid reasons and with the proper notice.
If there is a disagreement with the entry time or period, the RTA will use its free dispute resolution service – this is among the things that damage a landlord-tenant relationship.
Every tenant has the full right to restrict entry to the private spaces on their property, like their room. It is the provision of Form R9. The Form R9 notifies tenants of entry into their rooms during an inspection or visit to the property.
If the tenant refuses, they need to resolve the dispute or use the service of the RTA. If the property in question is real estate, the real estate agent must be present while the prospective tenant or buyer is visiting; otherwise, the individual must present a written notice or proof of their authorisation to enter the property.
Safety precaution
There are a series of possible violent encounters on properties. A tenant has to notify the landlord of any break-in to the property or request a family violence safety notice.
As for the landlords, if they encounter any home or domestic violence, they are to report it to any recognised government body that handles such a situation and protects the individual or family. As a person under the family violence or personal safety intervention order, the respondent will be removed from your property.
Notice of entry rules
As there are requirements for any admission, so also are rules. We shall look at some of the crucial rules for notice of entry.
State rules
There are various rules guiding notice of entry for each state in Australia. In NSW, a property owner can come for an inspection four times annually, while in South Australia, landlords can inspect the property monthly. It is a different ball game in Victoria – inspections of rented premises occur bi-annually – once in six months.
Minimum notice period
According to a real estate franchisor, Trish Mewett, the minimum notice period for an inspection differ. “If the property owner decides to go for inspection, they must write a one to two weeks notice to the tenant. However, it’s different rules for the Tasmania region – the landlord only gives a one-day notice,” she said.
She further stated, “In Southern Australia, tenants are handed the notice or by mail. In Victoria, it must be delivered personally between 8 am and 6 pm or by post.”
These differences are why landlords must be updated with the rules in their state. If the landlord or rental provider fails to know these rules, they have broken the rental agreement or tenancy agreement they had with the tenant.
Inspection duration
The landlord, agent or authorised person must not overstay the required time for the inspection. Doing so may lead to a dispute. The inspection duration shouldn’t exceed 20 to 30 minutes or the agreed time.
People also ask
Are there times a landlord cannot go for an inspection?
Yes, an inspection cannot be held after 6 pm, on holidays and on a tenant’s religious day of worship.
What if there is an emergency?
You can enter the property in case of an emergency like a fire outbreak or the tenant abandoned the building.
Can a tenant refuse entry?
Yes. If the notice of entry does not meet the requirements or the tenant wasn’t informed about the entry.
