When a tenant is renting a property or room, it is their home and it is important that the tenant’s privacy is respected.
However, the Property Manager, Owner or a Contractor may need to enter the property for an inspection, repairs or a viewing.
The property manager/owner can only enter the property for a valid reason and if the correct notice has been given using the Form 9 – Entry notice and must be between 8am and 6pm Monday to Saturday, unless otherwise agreed with the Tenant.
A tenant cannot deny entry to the property if Notice has been issued within the legislative requirements. If entry problems cannot be resolved by the tenant and property manager discussing the issue, the RTA’s dispute resolution service may be able to help.
Legislation relating to entry requirements
- Sections 192 – 204 (Lessor’s right of entry)
An entry notice is not required in the following circumstances:
- in an emergency
- if the property manager/owner believes entry is necessary to protect the property from damage about to happen, and
- if the tenant verbally agrees with the entry
For more information regarding requirements relating to Entry, please visit the RTA website or call the RTA on 1300 366 311
Entry Notice Periods
| Grounds of Entry | Minimum Notice Required | Details |
|---|---|---|
| Inspect the Property (Routine Inspection) | 7 days | Once every 3 months. The property owner/manager must specify a time or 2 hour window, and must enter the property within that time. |
|
Check the tenant has remedied a significant breach, if a Form 11 Notice to Remedy Breach has expired |
24 hours | Entry must occur within 14 days of the expiry date on the Notice to Remedy Breach |
| Carry out Repairs or Maintenance
OR Comply with the Fire and Emergency Services (Domestic Smoke Alarms) Amendment Act 2016 (Qld) in relation to smoke alarms |
24 hours | Entry can occur anytime if the tenant verbally agrees with entry |
| Inspect Completed Repairs or Maintenance | 24 hours | Entry must occur within 14 days of the maintenance or repairs being completed. |
| Show the property to a prospective purchaser or tenant | 24 hours | A reasonable amount of time must have passed since the last entry for this reason. |
| Allow a valuation of the property to be carried out | 24 hours | |
| The property owner/manager believes, on reasonable grounds, that the property has been abandoned | 24 hours |
Legislation Relating to Entry
192 Grounds for entry
(1) The lessor or lessor’s agent may enter the premises only—
(a) to inspect the premises; or
(b) to make routine repairs to, or carry out maintenance of, the premises; or
(c) if repairs or maintenance have been made or carried out under paragraph (b)—within 14 days after the completion of the repairs or maintenance, to inspect the repairs or maintenance; or
(d) to comply with the Fire and Emergency Services Act 1990 in relation to smoke alarms; or
(e) to comply with the Electrical Safety Act 2002 in relation to approved safety switches; or
(f) to show the premises to a prospective buyer or tenant; or
(g) to allow a valuation of the premises to be carried out; or
(h) if the lessor or agent believes, on reasonable grounds, the premises have been abandoned; or
(i) if the lessor or agent has given the tenant a notice to remedy a breach of the agreement that is a significant breach—within 14 days after the end of the allowed remedy period, to inspect to ascertain whether the tenant has remedied the breach; or
(j) if the tenant agrees; or
(k) in an emergency; or
(l) if the lessor or agent believes on reasonable grounds that the entry is necessary to protect the premises or inclusions from imminent or further damage.
Example of entry in an emergency under paragraph (k)— to make emergency repairs to the roof of the premises
(2) In this section—
significant breach, for a notice to remedy breach, means a breach relating to any of the following—
(a) using the premises for an illegal purpose;
(b) the number of occupants allowed to reside in the premises;
(c) keeping a pet on the premises;
(d) another matter, if the reasonable cost of rectify
195 When lessor or lessor’s agent may enter
(1) An entry under section 192(1)(a) to (i)—
(a) must be made at a reasonable time; and
(b) unless the tenant otherwise agrees, must not be made on—
(i) a Sunday or public holiday; or
(ii) another day after 6p.m. or before 8a.m.
(2) However, for an entry under section 192(1)(b), (d) or (e), subsection (1)(b) does not apply if it is not practicable to comply with that provision because of—
(a) the remoteness of the premises; and
(b) the shortage in the general area of the premises of a suitably qualified trades person or other person needed to make the repairs or carry out the maintenance.
(3) Unless the tenant otherwise agrees, an entry under section 192(1)(a) may not be made less than 3 months after a previous entry by the lessor, or the renting or a secondary agent, under section 192(1)(a).
(4) The lessor or lessor’s agent may enter the premises under section 192(1)(f) only if a reasonable time has elapsed since a previous entry by the lessor, or the renting or a secondary agent, under section 192(1)(f).
(5) The lessor or lessor’s agent may enter the premises
