FAQs entry to property

Question: Can the first routine inspection for a new tenancy be conducted within 3 months from the commencement of the tenancy?

Answer: Yes, there is not a timeframe stipulated for the first "general" inspection although thereafter, unless the tenant otherwise agrees, it cannot be conducted less than 3 months after the previous entry on these grounds.

Section 195(3) of the RTRA Act specifies that unless the tenant otherwise agrees, an entry under Section192(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 Section192(1)(a).

Q: As an agency, we group a number of properties together when we schedule routine inspections. Do we have to stipulate the 2 hour timeframe for entry?

A: Yes, if the Lessor/agent is wishing to enter the premises without another person e.g. a tradesperson, a 2 hour time period must be stated for the entry, unless otherwise agreed to by the tenant. This means if the Form 9 states entry 9.00 a.m. to 11.00 a.m. the Lessor/agent must enter by 11.00 a.m. As long as the premises is entered by 11.00 a.m the Lessor/agent is not prevented from remaining on the premises after the entry time.

Q: What if the owner is wishing to enter the premises with a Contractor, does the 2 hour time limit apply?

A: Section 196 (1) (4) notes that the 2 hour limit does not apply if another person is to accompany the Lessor or Lessor's renting or selling agent to achieve the purpose of entry under Section 192.

Example of another person - 

a tradesperson

However, in the interest of the owner maintaining a harmonious relationship with the tenant, it's important to ascertain from a Contractor the anticipated timeframe associated with the completion of maintenance. The tenants are entitled to quiet enjoyment of the premises and having an owner and contractor at the premises for extended periods of time without setting clear expectations will contribute to disputes escalating.

Question:  If we have issued a Form 9 Entry Notice for routine inspection purposes, do we have to list the name of the person who is entering the property in Item 3. This could change based on staff availability?

A: The RTA have confirmed that it is not a legal requirement to provide the name or phone number, it is considered to be complimentary information.  We would suggest to avoid any disputes, it is best practice to complete this field with wording similar to “an authorised representative of REIQ Realty”.

Question: Are there limitations on how many times a property manager/lessor can enter the premises?

A:  From 1 May 2025 once a Form 12 Notice to Leave or Form 13 Notice of Intention to Leave has been issued a property manager  / lessor will not be permitted to enter the premises any more than 2 times in a 7 days period. It is worth noting that if there has been no Form 12 or Form 13 issued then this limitation does not apply.

Question:  Can a property manager / lessor still rely on mutual agreement to enter the property if it is more than 2 times in a 7 day period.

A:  Yes, a tenant can provide mutual consent for further entries, however keep in mind a tenant can withdraw mutual consent at any time.

For more information on the RTRA Act and Entry Requirements, click here.