Answer by Rebecca Bardaxis, Parramatta 2150 NSW

• Your tenant may be in breach of their duties under the residential tenancies legislation.
• Although you are required to provide your tenants with reasonable peace, comfort and privacy you are allowed to enter the property for a range of purposes providing you follow the procedures set out in the legislation.
• You are able to carry out inspections up to four times per year.
• In order to do this you have to give the tenant at least 7 days written notice and should find a time that is mutually suitable if your tenant wishes to attend the inspection.
• If you do not follow this procedure then you are attempting to enter the premises unlawfully and the tenant is not required to let you in.
• If you are following the correct procedure and your tenant still refuses you entry you may wish to take the next step of making a complaint to Fair Trading's tenancy complaint service.
• You can do this online at Fair Trading's online compliant service using this link: http://www.fairtrading.nsw.gov.au/ftw/About_us/Online_services/Lodge_a_complaint.page.
• This service is a voluntary process that will bring you and your tenant together through teleconference or in person to find a mutually agreeable resolution to your issue.
• If this voluntary process does not provide a resolution either you or your tenant can lodge a claim with the New South Wales Civil and Administrative Tribunal (NCAT).
  • NCAT has the power to make orders that will bind you and your tenant.
  • This means you both have to do what the orders tell you to do.
  • This can include ordering that an inspection take place or if this does not seem likely for example if the tenant is unwilling to cooperate then they can order that the tenancy be terminated and that the tenant vacates (leaves) the property.
  • The order might say that the tenant also has to pay compensation to the landlord.