ACT Landlord's Right to Enter Rented Premises

During a tenancy, it may be necessary for the landlord to access the premises. This may be to perform repairs, conduct inspections, or to show the premises to prospective buyers.

This guide covers landlords (or head-tenants) and tenants (or sub-tenants) in a Residential Tenancy. This applies to the majority of share accommodation and residential property rental situations. To confirm it covers your situation visit What is my share accommodation situation?

It is important to remember that during the tenancy, even though the landlord owns the premises, the tenant has been given exclusive occupation. This means that the tenant has the right to generally determine when other people are allowed into the premises. In the case of shared accommodation, this may mean that the tenant has the right to determine who and when other people, including the landlord, can access their room.

There are a limited number of reasons why and when the landlord can access the premises during the tenancy.

Access with tenant’s consent

The landlord can access the premises at any time if the tenant agrees. This is usually the best way for the landlord to gain access as a mutually convenient day and time can be discussed with the tenant.

Access for routine inspections

The landlord can conduct regular inspections a maximum of twice in every 12 month period following the start of the tenancy. The landlord can also conduct additional inspections in the first and last month of the tenancy.

The landlord must give the tenant at least 1 weeks notice of a routine inspection.

The landlord and tenant should try to agree on a mutually convenient time and day. If the parties cannot agree, the landlord can seek an order from the Tribunal that allows them to enter at a time between 8am and 6pm from Monday to Saturday (but not on a public holiday).

Access to show to prospective tenants

The landlord can access the premises to show it to prospective tenants in the 3 weeks before the end of the tenancy. The landlord must give at least 24 hours notice of an inspection.

Unless agreed otherwise with the tenant, an inspection must occur between 8am and 6pm from Monday to Saturday (but not on a public holiday).

Access to show to prospective buyers

The landlord can access the premises to show it to prospective buyers if the landlord intends to sell and has previously given the tenant written notice of that intention. The landlord must give the tenant at least 24 hours notice of an inspection.

Unless agreed otherwise with the tenant, an inspection must occur between 8am and 6pm from Monday to Friday (and not on a public holiday).

Access to conduct or inspect repairs

General Repairs
The landlord can access the premises to conduct or inspect repairs. The landlord must give the tenant at least 1 week notice. If the landlord and tenant cannot agree on a mutually convenient time and day for the inspection, the landlord must only enter between 8am and 6pm from Monday to Saturday (and not on public holiday).

Urgent Repairs
The landlord can access the premises to conduct or inspect urgent repairs. The tenant must be given reasonable notice by the landlord. In urgent situations, this may mean as little as a few hours, but in other situations may be longer. The landlord and tenant should try to agree on a mutually convenient time. If they cannot agree, then the landlord should make every effort to access the premises at a reasonable time.

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These legal guides provide a brief summary and introduction of the laws and regulations affecting share accommodation. They do not cover all cases in all legal jurisdictions and might not apply in your specific share accommodation situation. It is important that you use this information as a guide only and seek independent Legal Advice or consult the Relevant Acts. We do not accept any liability that may arise from the use of this information.