LEGISLATION

Lessor access to the property

The gist of the legislation

A landlord cannot interfere in or diminish the tenant’s quiet enjoyment of the property, or their ability to use it in reasonable peace, comfort or privacy.

The important parts, at a glance

We’ve picked out the key parts of the legislation and made them as easy as possible to read and understand.

If you'd like to read the full legislation, click here >

1.

A landlord cannot legally access your investment property during a tenancy except if it’s stated otherwise in the tenancy agreement, or if it’s an order of the tribunal.

2.

A landlord has the right to request access to the property from the tenant.

3.

The tenant can provide access, but the landlord and managing agent are legally required to provide identification.

4.

A landlord should not request access to the property on Sundays, public holidays or before 8am and after 6pm.

5.

Exceptions can be made to the standard no access days and times if it’s for urgent repairs or health and safety reasons in relation to the property, or if the tenant consents.

6.

If the tenant's quiet enjoyment is diminished significantly by landlord interference, they can claim a rent reduction for the timeframe they were affected.

  1. Don’t drive by the property to check it, or the tenants out. This could be considered as interference and the tenant could claim a reduction in rent, or worse, they could request to get out of their agreement. A good property manager will make sure your property is well looked after, so you can relax and spend your time doing something you enjoy.
  2. Don’t organise trades or anything to do with accessing your investment property without talking to your property manger. Your property manager is your only legal access point to your property and the tenant during a tenancy.
  3. If you want to see your property, you are able to attend routine inspections if you like, however we recommend viewing your property between tenancies.