New South Wales Consolidated Acts

RESIDENTIAL TENANCIES ACT 1987 - SECT 24

24 Landlord’s access to residential premises

(1) It is a term of every residential tenancy agreement that the landlord, the landlord’s agent or any person authorised by the landlord, during the currency of the agreement, may enter the residential premises, but only in the following circumstances:

(a) in an emergency (including entry for the purpose of carrying out urgent repairs),

(b) to inspect the residential premises, on not more than 4 occasions in any period of 12 months, if the tenant has been given not less than 7 days’ notice on each occasion,

(c) to carry out necessary repairs (other than urgent repairs) to, or maintenance of, the residential premises, if the tenant has been given not less than 2 days’ notice on each occasion,

(c1) to install a smoke alarm in the residential premises in accordance with a requirement under section 146A of the Environmental Planning and Assessment Act 1979 (or carry out any other obligation under that section) if the tenant has been given not less than 2 days notice on each occasion,

(d) to show the residential premises to prospective purchasers or mortgagees, on a reasonable number of occasions, if the tenant has been given reasonable notice on each occasion,

(e) to show the residential premises to prospective tenants, on a reasonable number of occasions during the period of 14 days preceding the termination of the agreement, if the tenant has been given reasonable notice on each occasion,

(f) if the landlord forms a belief on reasonable grounds that the residential premises have been abandoned,

(g) at any time with the consent of the tenant,

(h) in accordance with an order of the Tribunal.

(2) It is a term of every residential tenancy agreement that a person shall not enter the residential premises in the circumstances set out in subsection (1) (b), (c), (c1), (d) or (e):

(a) on a Sunday or a public holiday, unless the tenant otherwise agrees,

(b) except between the hours of 8.00 am and 8.00 pm, unless the tenant otherwise agrees, and

(c) in the case of a person other than the landlord or the landlord’s agent-except with the prior written consent of the landlord or the landlord’s agent.

(3) It is a term of every residential tenancy agreement that a written consent referred to in subsection (2) (c) must be produced to the tenant.

(4) The Tribunal may, on application by a landlord under a residential tenancy agreement, make an order authorising the landlord or any other person to enter the residential premises.

(4A) Without limiting the generality of subsection (4), the Tribunal may make an order under that subsection authorising the landlord or any other person to enter the residential premises for the purpose of determining whether the tenant has breached the term of the residential tenancy agreement set out in section 23.

(5) A landlord under a residential tenancy agreement, the landlord’s agent or other person referred to in this section shall not, during the currency of the agreement, enter the residential premises except as permitted by this section.