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 best approach is generally for the landlord to ask for the tenant’s consent to enter and to agree on a mutually convenient time and day.
In most cases, landlords should use Form 19: Notice of Intention to Enter Premises to notify the tenant of entry.
Landlord’s can only enter the rented premises under the following circumstances:
The tenant is allowed to remain at the premises under all circumstances where the landlord enters.
The landlord is under an obligation to make a reasonable attempt to negotiate a mutually convenient time with the tenant before entering the premies. Unless entry is because of an emergency, abandonment, or with the tenant’s consent, then the landlord can only enter on certain days and at certain times:
When the landlord gives the tenant a written notice of entry, the notice must state the day of entry, and whether the entry will be before or after midday.
When the landlord enters the premises, they must act in a reasonable way that does not unnecessarily interfere with the tenant’s use of the premises. The landlord must also not stay at the premises for any longer than is necessary.
If the landlord damages any of the tenant’s goods while entering the premises, they will be liable to compensate the tenant.
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.