Northern Territory Landlord's Rights to Enter 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.
Tenant must be present during entry
The landlord must only enter the premises if the tenant is present at the time. This does not apply if:
- the tenant has unreasonably refused to be present
- the tenant has waived their right to be present in writing
- the tenant is not present at the specified inspection time
- the entry is for an emergency or serious damage to the premises
Under what circumstances can the landlord access the premises?
There are a limited number of reasons why and when the landlord can access the premises during the tenancy.
With tenant’s consent
The landlord can access the premises 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. Entry must be between 7 am and 9pm.
The landlord can enter the premises to collect rent if this is the agreed rent payment method between the tenant and landlord.
The landlord can only enter at a time between 7am and 9pm that is agreed to with the tenant at least 1 week in advance. The landlord can only enter a maximum of once every 7 days to collect rent.
If the tenant is in arrears with rent, the landlord or an authorised debt collector may be able to access the premises to collect rent.
The landlord can enter the premises to conduct regular inspections a maximum of once every 3 months. This period can be longer if the tenant and landlord agree to it in the tenancy agreement.
Entry for a regular inspection must be made between 7am and 9pm. The landlord must arrange an inspection time with the tenant at least 7 days in advance.
Repairs and Maintenance
The landlord can enter the premises to carry out repairs or maintenance, or to inspect whether repairs have been properly completed. This also applies to an agent of the landlord.
The landlord can only enter if the tenant has notified them of the need for repairs, or if the landlord noticed a need for repairs during a previous inspection.
The landlord must give the tenant at least 24 hours notice and can only enter between 7am and 9pm.
Emergency or significant damage to premises
The landlord can enter the premises at any time and without giving any notice if:
- there is an emergency that requires the landlord to enter the premises (e.g. person inside house is in danger), OR
- the landlord reasonably believes that the premises has been seriously damaged or is about to be seriously damaged.
To prepare Condition Report
The landlord can enter the premises to prepare a condition report at the beginning or end of the tenancy.
The landlord must give the tenant at least 24 hours notice, and must enter between 7am and 9pm.
To show premises to prospective buyers
The landlord can enter the premises to show it to prospective buyers. The landlord must give the tenant at least 24 hours notice.
The landlord can only enter between 7am and 9pm. The landlord must consider the tenant’s interests when conducting viewings by not constantly entering the premises. The tenant can seek an order from the Tribunal limiting the number of inspections if they become unreasonably regular.
To show premises to prospective tenants
The landlord can enter the premises to show it to prospective future tenants. This type of entry is only allowed in the 28 daysbefore termination of the agreement with existing tenant.
The landlord must give the tenant at least 24 hours notice, and entry must be made between 7am and 9pm. The landlord must consider the tenant’s interests when conducting viewings by not constantly entering the premises. The tenant can seek an order from the Tribunal limiting the number of inspections if they become unreasonably regular.
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.