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Landlord entry rights and obligations
There are rules about when a landlord can enter a property.
The landlord (or their agent) may enter at a date and time agreed to with the tenant. However, this agreement cannot be made more than seven days before entry.
The landlord can enter if they give the tenant 24 hours’ written notice, in order to:
- carry out duties listed in the tenancy agreement or relevant laws
- value the property
- show prospective buyers or financial lenders through the premises
- show prospective tenants through the premises (within 14 days of a current lease termination date)
- verify a reasonable belief that the tenant has not met their duties as a tenant
- make one general inspection in any six-month period, but not within the first three months of the tenancy.
The notice must be hand delivered between 8:00 am and 6:00 pm or posted (allowing extra time for postal delivery).
The landlord may enter between 8:00 am and 6:00 pm on any day, but not on public holidays. If the tenant is home, they must let the landlord in, providing the appropriate notice has been given or agreement reached.
The landlord can enter if the resident is not at home, providing that suitable written notice has been given. However, it is recommended that a time is agreed when the tenant is at home for a landlord visit; this will help avoid possible disputes.
Whether entering at an agreed time, or after 24 hours’ notice, the landlord cannot:
- enter in an unreasonable way
- stay any longer than necessary to do what is required, unless it is with the tenant’s permission.
Rooming house owner entry rights and obligations
A rooming house owner (or their appointed agent) must give the resident 24-hours’ written notice before entering the room to:
- show the room to prospective residents, if the current resident has given notice that they are vacating or intend to vacate
- show people who are interested in buying the rooming house or lending the owner money on it
- do something the law says a rooming house owner must do
- confirm a reasonable suspicion that the resident has not met their duties under the residency agreement
- make a general inspection (allowed once every four weeks).
The rooming house owner must notify the resident in writing and tell them why they intend to enter the room. This notice can be given by post or delivered personally between 8:00 am and 6:00 pm.
Owners can enter the room between 8:00 am and 6:00 pm on any day, but not on public holidays.
An owner may only enter the room without giving 24 hours’ notice:
- if the resident agrees at the time
- if it is necessary to provide a service, in which case the owner can enter the room only during the hours stated in the house rules
- in an emergency to save a life or valuable property.
While visiting the room, the owner must behave in a reasonable manner and not stay longer than necessary, unless it is with the resident’s permission.
Caravan park owner and site owner entry rights and obligations
The site owner, caravan owner or caravan park owner or other authorised staff may only enter a site or caravan without prior notice:
if the resident agrees at the time
in an emergency to save a life or valuable property
- if the Victorian Civil and Administrative Tribunal has made an order stating that the resident has abandoned the caravan or site.
- If the owner gives at least 24 hours’ written notice, they may also enter to:
- show the caravan/site to prospective residents if the current resident has given notice or has been given written notice to move out
- show people through who are interested in buying the caravan (if the caravan is hired) or site, or lending the owner money on it.
- make a general inspection, once in any six-month period
- carry out a duty under the Residential Tenancies Act 1997
- check a reasonable belief that the resident has not met the duties under the Residential Tenancies Act 1997.
Notice may be given personally between 8:00 am and 6:00 pm or by post.
During an inspection, a caravan park owner or site owner must:
- behave in a reasonable manner
- not stay any longer than necessary, unless the resident or site tenant agrees.
Privacy for rooming house and caravan park residents
Residents should be able to use the facilities of their caravan park, site under site agreement or rooming house without being bothered by other residents. This means that residents are not allowed to interrupt the privacy, peace and quiet of other occupants.
Likewise, owners must not unreasonably restrict or interfere with a resident’s privacy, peace and quiet or proper use and enjoyment of the rooming house or caravan park facilities.
If a tenant or resident thinks private information is being misused
Landlords or owners who collect personal information from you may be bound by privacy laws. These place restrictions on how this information is passed on to third parties. If you think your personal information is being misused, contact the Australian Information Commissioner on 1300 36 39 92 or visit the Office of the Australian Information Commissioner website.
Security of residents’ goods in rooming houses
Rooming house residents have the right to feel their property is secure. The owner must take all reasonable steps to ensure security for residents’ property, especially if rooms are shared. If you are concerned about the security of your property, contact us on 1300 55 81 81.
Last updated: 19/05/2012