It can feel disruptive when a tradesperson arrives at your front door – especially if you’ve rearranged your day, they’re late, or the visit extends into other commitments.
A plumber arriving to fix a burst pipe, an electrician checking a faulty switch, or a handyman restoring a broken door… without clarity on rules and regulations, conflicts between tenants and landlords over providing access for repairs is almost inevitable.
As a tenant, you might find yourself asking if you need to be home, how much notice your landlord is required to give, and whether or not the agent can just use their keys. Fortunately, NSW law provides clear rules that protect a tenant’s right to privacy, while allowing landlords to keep the rental property in good condition.
So when it comes to providing access, what’s the law?
Under the Residential Tenancies Act 2010 (NSW), landlords and agents are required to provide tenants with written notice before entering the rental property. The minimum notice periods depend on the reason for entry:
- Repairs and maintenance (non-urgent): At least 2 days’ written notice
- Urgent repairs: No notice required
- Routine inspections: At least 7 days’ written notice, up to 4 times per year
- Smoke alarm checks: At least 2 business days’ notice
- Showing the property to prospective buyers or tenants: At least 14 days’ written notice before the first inspection; subsequent inspections require 48 hours’ notice, with a maximum of 2 per week
Generally, entry is allowed at an agreed time between 8am – 8pm, and not on Sundays or public holidays. Provided the correct notice has been given, the landlord or agent may use keys for access if the tenant is not home.
In the same circumstance, if the correct procedures have been followed and the tenant prevents entry of an authorised person, then the tenant may be in breach of the tenancy agreement.
Without following the above rules, a landlord (or someone on their behalf) cannot enter a rented property – such would be unlawful entry, which tenants can lodge a complaint against through NSW Fair Trading.
While access for repairs and maintenance can feel inconvenient, understanding your rights and responsibilities as a tenant will certainly make the process easier to manage. Notifying your landlord if a proposed time doesn’t work could prevent call-out fees due to missed access, and avoid unnecessary future conflict.
Prudential Real Estate Macquarie Fields | (02) 9605 5333 | macquariefields@prudential.com.au
Prudential Real Estate Narellan | (02) 4624 4400 | narellan@prudential.com.au
