Is my landlord allowed to ‘drop in’ unannounced?

 

Great question. Imagine this scenario, a single woman is sunbaking in her backyard, and then suddenly she hears a noise from inside the house. It turns out she has had a very unwelcome surprise. It is her landlord who has popped in to take measures of the kitchen benchtop, and suddenly now this woman’s private time has been completely disrupted.

Firstly, this is not acceptable and you do have legislation that protects you against this. So, in this article, we endeavour to provide an introductory breakdown regarding what the rules are.

 

When can a landlord enter a tenanted premises?

 

  • Rent collection
  • Routine inspections
  • Carrying out maintenance or repairs
  • In the case of an emergency
  • Abandoned property
  • When the lease is near the end and you want to show the property to prospective tenants or buyers
  • When consent to entry is provided by the tenants

 

So, can a landlord come in as and when they want?

 

The short answer is no. Being a property owner or landlord does not allow you full access to the property while it is being tenanted. In fact, they are required to provide you with proper notice to enter:

  • They must provide a valid reason to enter the property
  • They must provide minimum days’ notice (this varies from state to state)
  • The entry cannot exceed the maximum number of times an entry by the landlord is permitted

However, no notice is required in the case of an emergency, and if urgent repairs are required. If a landlord is concerned about your welfare, they may come into the property. As a tenant, you may refuse access if the correct notice is not provided.

 

What is classified as an emergency?

 

If there is an actual or imminent threat to the safety of the tenant or the property, then it can be classified as an emergency. The following can be deemed as emergencies.

  • A natural disaster like a hurricane, flooding or a fire
  • A loss of essential services like breakage of water pipes or bursting sewage systems
  • Immense safety risks like a gas leak or electrical fault

Outside a circumstance that is not deemed an emergency, the landlord MUST provide notice before entering the property. While a tenant may provide you access while they are not there, it does not mean you can go in at any time.

 

What happens if these ‘drop-ins’ continue?

 

If you have noticed that your landlord is dropping in one too many times and you deem the reason for entry unreasonable, then you are well within your rights to issue a breach notice to your landlord.

  • You can break the lease – this is on the basis of a serious breach of the agreement. When you do this we recommend you use the correct termination form as stipulated in your state.
  • Apply to the Civil and Administrative Tribunal to order your lease to be terminated immediately

 

Raising this issue with your real estate agent in Perth is the best first step to try and resolve this. With an aim to amicably end the concern, we will work with you to ensure boundaries are set. However, if the situation escalates, we can help guide you to take the right steps forward. Get in touch with us right away.