Notice of entry - When the rental provider has entered the property.
Why should the rental provider act reasonably?
The rental provider has the legal right to enter the property, provided that their actions are lawful. However, they are not allowed to enter in an unreasonable manner or extend their stay longer than necessary, unless the renter has given them permission to do so.
Unreasonable behavior is defined as actions that most people would perceive as unfair. For instance, it may be considered unreasonable for a rental provider to visit the property once a week for minor repairs that are unnecessary, or for an agent to request the renter's consent to enter the property without prior notice.
If a renter suspects that the rental provider is acting unreasonably, they may seek recourse with VCAT. VCAT has the authority to issue compensation or prohibition orders if the rental provider has violated their obligations. Additionally, if the rental provider fails to comply with the law, the renter may apply to VCAT to prevent them and their agent from accessing the property for a specific period.
Should the renter be at home at this instance?
The rental provider may access the rental property if the renter is absent, and if they have given valid written notice or if the renter has previously agreed to this. Nevertheless, it is advisable for the renter to be present during the rental provider's visit to prevent any potential conflicts.
Renters are not allowed to prohibit the rental provider from accessing the property if the appropriate notice has been given or an agreement has been made beforehand.
Are the renters required to leave the property?
Rental providers may request that renters vacate the property during a routine inspection or when showcasing the property to potential renters or buyers. However, renters are not obligated to comply with such requests. It is crucial to note, however, that renters who have been barred from the property due to domestic violence must not be present at any time.
When other people are entering the property.
In addition to the rental provider, anyone who is necessary to accomplish the intended purpose of the visit may also enter the property. For instance, if the rental provider requires a property appraisal, the valuer may enter the premises. Similarly, if the purpose of the visit is to take photographs, the photographer may enter as well.
In the event of a routine inspection, the landlord's agent should be present if they have one. When a tradesperson or repairer arrives to conduct repairs, they may be accompanied by a trainee.
When general inspections occur in the property.
The rental provider or their agent can inspect all of the property during a general inspection.
A general inspection may only be made after the first 3 months of the rental agreement. They can be done every 6 months at the most.
The general inspection is to check that the renter is keeping the property in good condition. If the rental provider believes that the renter is not meeting their obligations under the rental agreement, they can give the renter a Notice of breach of duty to renter of rented premises