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Residential Tenancy Act 1997 (No. 82 of 1997)
Requested:  21 Aug 2014
Consolidated as at:  11 Jan 2005

56. Right of entry

      (1) [Section 56 Subsection (1) amended by No. 67 of 2003, s. 23, Applied:05 Mar 2004] Subject to this section, an owner of residential premises must not enter the premises or permit any other person to enter the premises without the tenant's permission.

Penalty:

Fine not exceeding 50 penalty units.

      (2) An owner of residential premises may enter the premises at any time without the tenant's permission for any of the following reasons:

(a) it is reasonably believed that –

(i) the tenant is ill or injured and is unable to give permission; or

(ii) a denial of immediate access is likely to result in damage to all or part of the premises; or

(iii) there is a risk to the tenant or another person present on the premises; or

(iv) damage has occurred to the premises;

(b) it is reasonably believed that the premises have been abandoned.

      (3) [Section 56 Subsection (3) amended by No. 67 of 2003, s. 23, Applied:05 Mar 2004] An owner of residential premises may enter the premises by giving at least 24 hours' notice to the tenant if entry is for one of the following reasons:

(a) [Section 56 Subsection (3) amended by No. 67 of 2003, s. 23, Applied:05 Mar 2004] .  .  .  .  .  .  .  .  

(b) [Section 56 Subsection (3) amended by No. 67 of 2003, s. 23, Applied:05 Mar 2004] .  .  .  .  .  .  .  .  

(c) to meet commitments under the residential tenancy agreement;

(d) if it is reasonably suspected that the tenant has failed to comply with any provision of the residential tenancy agreement;

(e) to ensure that repairs have been properly carried out;

(ea) [Section 56 Subsection (3) amended by No. 67 of 2003, s. 23, Applied:05 Mar 2004] except in the case of boarding premises, to carry out an inspection within one month of the commencement of the residential tenancy agreement;

(f) [Section 56 Subsection (3) amended by No. 49 of 2003, s. 20, Applied:25 Aug 2004] to carry out routine inspections –

(i) once a month, in the case of boarding premises; or

(ii) once every 3 months, in any other case.

      (4) [Section 56 Subsection (4) substituted by No. 67 of 2003, s. 23, Applied:05 Mar 2004] An owner of residential premises may enter the premises without the approval of the tenant to show the premises to one prospective tenant only and any persons accompanying the prospective tenant –

(a) if a notice to terminate or notice to vacate has been given –

(i) on not more than one occasion on any day; and

(ii) on not more than 5 days in any week; and

(iii) on the giving of not less than 48 hours' notice in writing to the tenant; and

(iv) between the hours of 8 a.m. and 6 p.m.; or

(b) if a notice to terminate or notice to vacate has not been given, within 28 days of the expiry of the residential tenancy agreement –

(i) on not more than one occasion on any day; and

(ii) on not more than 5 days in any week; and

(iii) on the giving of not less than 48 hours' notice in writing to the tenant; and

(iv) between the hours of 8 a.m. and 6 p.m.

      (4A) [Section 56 Subsection (4A) inserted by No. 67 of 2003, s. 23, Applied:05 Mar 2004] An owner who wishes to let residential premises may, with the prior written approval of the tenant of the premises, by notice to the public, invite prospective tenants to inspect the premises in the presence of the owner within the period specified in the approval.

      (4B) [Section 56 Subsection (4B) inserted by No. 67 of 2003, s. 23, Applied:05 Mar 2004] An owner of residential premises may enter the premises without the approval of the tenant to show the premises to one prospective purchaser only and any persons accompanying the prospective purchaser –

(a) on not more than one occasion on any day; and

(b) on not more than 5 days in any week; and

(c) on the giving of not less than 48 hours' notice in writing to the tenant; and

(d) between the hours of 8 a.m. and 6 p.m.

      (4C) [Section 56 Subsection (4C) inserted by No. 67 of 2003, s. 23, Applied:05 Mar 2004] An owner who wishes to sell residential premises may, with the prior written approval of the tenant of the premises, by notice to the public, invite prospective purchasers to inspect the premises in the presence of the owner within the period specified in the approval.

      (5) [Section 56 Subsection (5) substituted by No. 67 of 2003, s. 23, Applied:05 Mar 2004] After giving notice under subsection (3), the owner may enter the premises –

(a) during any period agreed to by the owner and the tenant of the premises; or

(b) if there is no agreement, between 8 a.m. and 6 p.m. as specified by the owner.


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