Western Australia Landlord's Rights to Enter the 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.
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 what circumstances can the landlord enter the rented premises?
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:
- Emergencies—the landlord can enter in the case of an emergency.
- With Tenant’s Consent—the landlord can enter at any time with the consent of the tenant.
- Routine Inspection: 7-14 days notice—the landlord can enter to conduct routine inspections if they give at least 7 but less than 14 days days written notice. The landlord can only conduct a maximum of 4 routine inspections in a 12 month period.
- To Collect Rent—the landlord can enter the premises to collect rent if the tenant and landlord agree to this arrangement. Rent cannot be paid in this way more frequently than once per week.
- Abandonment—the landlord can enter to inspect and secure the premises if they suspect the tenant has abandoned them and has not notified the landlord within 24 hours of receiving a Form 12: Notice to tenant of abandonment of premises.
- Perform or Inspect Repairs/Maintenance: 72 hours notice—the landlord can enter to conduct or inspect any repairs or maintenance to the premises. They must give the tenant at least 72 hours written notice of entry.
- Show Premises to Prospective Tenants: reasonable notice—the landlord can enter the premises to show it to prospective tenants. However, the landlord can only enter for this purpose in the 21 days before the end of the tenancy agreement with the current tenant. The landlord must also give the tenant reasonable notice of entry in writing. The landlord should generally try to give the tenant at least 1-2 days notice of entry.
- Show Premises to Prospective Purchasers: reasonable notice—the landlord can enter the premises to show it to prospective buyers. The landlord must also give the tenant reasonable notice of entry in writing. The landlord should generally try to give the tenant at least 1-2 days notice of entry.
The tenant is allowed to remain at the premises under all circumstances where the landlord enters.
At what times can the landlord enter the premises?
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:
- Weekdays—between 8am and 6pm
- Saturdays—between 9am and 5pm
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.
How should the landlord act while entering the premises?
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.