As a tenant you have a right to privacy and the enjoyment of your home. Your landlord has certain rights of access, but it's definitely not "open house".
through noise, harassment or threats; Entering the premises for an inspection or repairs without giving notice in accordance with the RTA; Demanding access beyond that provided by the lease, or otherwise required by law.
Notice Periods
Notice from the landlord to enter the premises must be given to the tenant. Minimum periods of notice vary according to the reason for access: Routine inspections 7 days notice in writing (cl 79); By prospective tenants during 21 days preceding end of tenancy 24 hours notice (cl 80); By prospective purchasers (once the landlord has notified tenant in writing of intention to sell) 24 hours notice (cl 81); Making or inspecting repairs 7 days notice, having regard to the interests of the tenant. For urgent repairs there must be reasonable notice (cl 82).
Reasonable Access
There are no clear rules as to what is reasonable. Clause 79 specifies that reasonable regard should be given to the work and other commitments of both parties (or their agents). Be prepared to assert your opinion about what is reasonable, as some fairly widespread practices by landlords and agents in the ACT are not always reasonable. These practices include (but are not limited to): Refusing to give notice of a specific time for entry
and saying they will let themselves in; Using their own key to show prospective purchasers through the premises; and Advertising open house exhibitions.
Problems?
If your right to privacy and enjoyment is being abused by the landlord or agent, you have several options: Write to them asking them to stop the offending behaviour, referring to their obligations under your tenancy agreement. Be sure to keep a copy of the letter (signed and dated) as evidence in case stronger action is required at a later stage. See our Sample Letter on access for suggestions. In serious cases, you may pursue legal action to protect your enjoyment and privacy. Interfering with a tenant's privacy or enjoyment of the property is in breach of the agreement. The tribunal has the power to restrain any action in breach of the standard terms and to order compensation for any loss caused by a breach. In serious cases, the tenancy can be terminated; for example, a consistent failure to provide reasonable notice of entry. The process is set out in the Standard Lease (see Factsheet: Ending a Tenancy and Breaking a Lease). You should seek further advice before taking this step.
What is reasonable access will depend on the circumstances of each situation. What is reasonable in one situation may not be in another and vice versa. It should be noted that the tenant ALWAYS retains the right to be present during an access period.
If the problem is being caused by a real estate agent, you can make a complaint to the Office of Fair Trading.
Remember, an inspection time has to be reasonable to both parties. It is reasonable for you to ask for a specific time and it is always your right to be present at any inspection!
The landlord or their agent cannot gain entry without the tenants consent. If there is a dispute about access, the landlord must go to the Tribunal for an order about when access is to happen.
Tenants' Advice Service 6247 2011 free legal advice for all ACT renters (tenants and occupants) Tenants' Union (ACT) ......................... ...6247 1026 publications, information, workshops, law reform and news on renting issues www.tenantsact.org.au Welfare Rights and Legal Centre...6247 2177 free legal advice and assistance for low income tenants www.welfarerightsact.org Office of Regulatory Services (Bonds) .. ...6207 1178 bond lodgement, return and inquiries (Fair Trading)......6207 0400 complaints against real estate agents www.ors.act.gov.au ACT Civil and Administrative Tribunal .. ...6207 1740 dispute resolution and enforcement of tenancy legislation www.acat.act.gov.au Housing ACT information line .6207 1150 ACT public housing enquiries www.dhcs.act.gov.au/hcs
Tenancy Factsheets February 2011, Tenants Union ACT Inc. The support of the ACT Government through the Dept. Justice & Community Safety is gratefully acknowledged.