48 Landlord’s right of entry

(1)

The landlord shall not enter the premises during the currency of the tenancy agreement, except—

(a)

with the consent of the tenant freely given at, or immediately before, the time of entry; or

(b)

in any of the circumstances described in subsections (2) to (3).

(2)

The landlord may enter the premises—

(a)

in any case of emergency; or

(b)

for the purpose of inspecting the premises, at any time between 8 o’clock in the morning and 7 o’clock in the evening on a day specified in a notice given to the tenant not less than 48 hours nor more than 14 days before the intended entry, and not more frequently than once in any period of 4 weeks; or

(ba)

for the purpose of testing for the presence of contaminants or taking samples for such testing (except where the testing or sample taking is part of a prescribed decontamination process) at any time between 8 o’clock in the morning and 7 o’clock in the evening of any day, after giving to the tenant notice of the intended entry and the reason for it (including stating the contaminants to be tested for) at least 48 hours but not more than 14 days before the intended entry; or

(c)

for the purpose of determining whether or not—

(i)

the tenant has, within the period allowed by the landlord, completed satisfactorily any work required by the landlord to be done by the tenant to remedy any breach by the tenant of any of the provisions of the tenancy agreement or of this Act; or

(ii)

the tenant has, within the agreed period, completed satisfactorily any work agreed to be done by the tenant,—

at any time between 8 o’clock in the morning and 7 o’clock in the evening on any day (after the expiry of the period allowed for the work) specified in a notice given to the tenant not less than 48 hours nor more than 14 days before the intended entry; or

(ca)

for the purpose of complying, or preparing to comply, with any requirements in respect of smoke alarms imposed, or prospectively imposed, on landlords by regulations made under section 138A, at any time between 8 o’clock in the morning and 7 o’clock in the evening of any day, after giving to the tenant notice of the intended entry and the reason for it at least 24 hours before the intended entry; or

(cb)

for the purpose of complying, or preparing to comply, with the healthy homes standards (including any prospective requirements of those standards), at any time between 8 o’clock in the morning and 7 o’clock in the evening of any day, after giving to the tenant notice of the intended entry and the reason for it at least 24 hours before the intended entry; or

(cc)

without limiting paragraph (d), for the purpose of carrying out decontamination work to the premises, and attending to such other matters required if decontaminating in accordance with a prescribed process (including any testing or sample taking as part of that prescribed process), at any time between 8 o’clock in the morning and 7 o’clock in the evening of any day, after giving to the tenant notice of the intended entry and the reason for it at least 24 hours before the intended entry; or

(d)

for the purpose of carrying out necessary repairs to or necessary maintenance of, the premises, at any time between 8 o’clock in the morning and 7 o’clock in the evening of any day, after giving to the tenant notice of the intended entry and the reason for it at least 24 hours before the intended entry; or

(da)

for the purpose of providing services agreed to under the tenancy agreement, but only if the entry complies with any conditions specified in the tenancy agreement; or

(e)

pursuant to an order of the Tribunal.

(2A)

Subsection (2B) applies if—

(a)

there is rent that is at least 14 days in arrear; and

(b)

the landlord has reasonable cause to believe that the tenant has abandoned the premises.

(2B)

The landlord may enter the premises for the purpose of confirming whether the tenant has abandoned the premises at any time specified in a notice given to the tenant not less than 24 hours before the intended entry.

(3)

With the prior consent of the tenant, the landlord may enter the premises at any reasonable time for the purpose of showing the premises—

(a)

to prospective tenants; or

(b)

to prospective purchasers; or

(c)

to a registered valuer engaged in the preparation of a report on the premises; or

(d)

to a real estate agent engaged in appraising, evaluating, or selling or otherwise disposing of the premises; or

(e)

to an expert engaged in appraising or evaluating the premises; or

(f)

to a person who is authorised to inspect the premises under any enactment.

(3A)

For the purposes of subsection (3), the tenant—

(a)

may not withhold his or her consent unreasonably; and

(b)

may make the consent subject to any reasonable conditions.

(3B)

If premises are entered for the purpose of testing for the presence of contaminants or taking samples for such testing (including as part of any decontamination process), the landlord must, within 7 days of receiving the results of the testing, notify the tenant, in writing, of the results of the testing and provide the tenant with a copy (if any) of the results.

(4)

The following are each hereby declared to be unlawful acts:

(a)

entry upon the premises by the landlord other than as permitted by or under any of subsections (1) to (3):

(b)

failure by the tenant, without reasonable excuse, to allow the landlord to enter upon the premises in any circumstances in which the landlord is entitled to enter under subsections (2) to (3):

(c)

failure by the landlord to notify, or to provide results to, the tenant as required under subsection (3B).

(4A)

A landlord who fails to notify, or to provide results to, the tenant as required under subsection (3B) commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B.

(5)

Notwithstanding anything in subsections (2) to (4), the landlord shall not use force or the threat of force to enter or attempt to enter the premises while the tenant, or any other person with the permission of the tenant, is in the premises.

(6)

Every landlord who breaches subsection (5) commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $3,000.

(7)

In this section premises does not include land or facilities.

(8)

Nothing in this section shall apply in respect of any tenancy granted by the Armed Forces to any person subject to the Armed Forces Discipline Act 1971.

Compare: 1952 No 51 s 116G; 1975 No 36 s 10; Residential Tenancies Act 1978–1981 s 49 (SA)

Section 48(1)(a): amended, on 1 October 2010, by section 30(1) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 48(1)(b): amended, on 1 July 2016, by section 15(1) of the Residential Tenancies Amendment Act 2016 (2016 No 26).

Section 48(2)(ba): inserted, on 27 August 2019, by section 30(1) of the Residential Tenancies Amendment Act 2019 (2019 No 37).

Section 48(2)(c): replaced, on 1 May 1996, by section 21(1) of the Residential Tenancies Amendment Act 1996 (1996 No 7).

Section 48(2)(ca): replaced, on 1 July 2019, by section 8(1) of the Healthy Homes Guarantee Act 2017 (2017 No 46).

Section 48(2)(cb): inserted, on 1 July 2019, by section 8(1) of the Healthy Homes Guarantee Act 2017 (2017 No 46).

Section 48(2)(cc): inserted, on 30 January 2021, by section 30(2) of the Residential Tenancies Amendment Act 2019 (2019 No 37).

Section 48(2)(d): amended, on 1 May 1996, by section 21(2) of the Residential Tenancies Amendment Act 1996 (1996 No 7).

Section 48(2)(da): inserted, on 1 October 2010, by section 30(2) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 48(2)(e): inserted, on 1 May 1996, by section 21(2) of the Residential Tenancies Amendment Act 1996 (1996 No 7).

Section 48(2A): inserted, on 1 July 2016, by section 15(3) of the Residential Tenancies Amendment Act 2016 (2016 No 26).

Section 48(2B): inserted, on 1 July 2016, by section 15(3) of the Residential Tenancies Amendment Act 2016 (2016 No 26).

Section 48(3): replaced, on 1 October 2010, by section 30(3) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 48(3A): inserted, on 1 October 2010, by section 30(3) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 48(3B): inserted, on 27 August 2019, by section 30(3) of the Residential Tenancies Amendment Act 2019 (2019 No 37).

Section 48(4): replaced, on 1 May 1996, by section 21(4) of the Residential Tenancies Amendment Act 1996 (1996 No 7).

Section 48(4)(b): amended, on 1 July 2016, by section 15(4) of the Residential Tenancies Amendment Act 2016 (2016 No 26).

Section 48(4)(c): inserted, on 11 February 2021, by section 30(1) of the Residential Tenancies Amendment Act 2020 (2020 No 59).

Section 48(4A): inserted, on 11 February 2021, by section 30(2) of the Residential Tenancies Amendment Act 2020 (2020 No 59).

Section 48(5): amended, on 1 July 2016, by section 15(5) of the Residential Tenancies Amendment Act 2016 (2016 No 26).

Section 48(6): amended, on 11 February 2021, by section 30(3) of the Residential Tenancies Amendment Act 2020 (2020 No 59).

Section 48(6): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).