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.
The tenant has the right to remain at the property while the landlord enters.
The best option is always for the landlord and tenant to discuss a mutually convenient time for the landlord to enter the premises.
If however an agreement on time cannot be reached, the landlord can enter without permission according to the rules detailed below.
The landlord can enter the premises without the tenant’s permission and without giving any notice if they reasonably believe that:
The landlord can enter the premises without the tenant’s consent by giving at least 24 hours notice for the following reasons:
The landlord can enter the premises to show it to a prospective tenant under the following conditions.
If the landlord has already given the tenant a notice to terminate or a notice to vacate:
If the landlord has not given a notice to terminate or a notice to vacate:
The landlord can enter the premises to show it to a prospective buyer under the following conditions:
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.