Residential Landlord & Tenancy
9. Quiet Enjoyment & Re-entry
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 14 Sep 2015
- There is a general right of 'quiet enjoyment' or 'reasonable peace, comfort and privacy' that must be provided to tenants.
- Quiet enjoyment provides the tenant with freedom from disturbances by the landlord or other disturbances that could be prevented by the landlord.
- The landlord will still be entitled to access the premises providing it is at a date and time that you have both agreed on beforehand and for a legitimate reason.
- Before entering the premises the landlord or agent must have a reason as set out in the legislation. Acceptable reasons include routine inspections.
- The landlord must tell you in advance if they are going to enter the premises.
- Time frames for providing entry notice will vary from state to state and depend on the particular reason entry is being sought.
- If the landlord does not follow these legislated procedures a tenant generally won't be obliged to allow entry.
- In some cases a landlord may enter the premises with only 24 hours written notice to a tenant.
- Usually the landlord can only enter between 8am and 6pm and not on public holidays.
- In Victoria reasons for which a landlord may request entry can include:
- the premises are to be sold and the prospective buyer or lender needs to see through premises;
- valuation of the property;
- regular condition inspections as provided by the relevant legislation;
- repairs have been requested; or
- entry is required for the purposes of family violence proceeding.
- In New South Wales the landlord or agent may enter the premises without consent and without notice:
- in an emergency;
- to do urgent repairs;
- if the premises appear to have been abandoned; or
- if there is serious concern about the health or safety of a person on the premises.
- A tenant may also give consent to the landlord entering the premises for reasons outside the legislation.
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