Section 114 — Residential Tenancies Act 1986: Powers of entry of Tenancy Mediators

114 Powers of entry of Tenancy Mediators (1) Subject to the succeeding provisions of this section, every Tenancy Mediator shall, in the performance of his or her functions under section 99(1) of this Act in relation to any dispute, have power at any reasonable time to enter the residential premises to which the dispute relates and to inspect those premises and any fixtures, fittings, and chattels in those premises. (2) In respect of premises in any defence area (within the meaning of the Defence Act 1990 ), the exercise by a Tenancy Mediator of the power conferred by subsection (1) of this section shall be subject to such conditions relating to security as the officer in charge of the defence area may require. (3) Except with the written authority of the Tribunal given in any particular case, no Tenancy Mediator shall exercise the power conferred by subsection (1) of this section without first giving to each party to the dispute at least 24 hours' written notice of intention to do so. (4) Every notice given under subsection (3) of this section shall state— (a) That it is given pursuant to this section; and (b) The address of the premises to which it relates; and (c) The time at which and the date on which the Tenancy Mediator proposes to inspect the premises. (5) Any party to the dispute shall be entitled to accompany, or have an agent accompany, the Tenancy Mediator while the Tenancy Mediator is inspecting the premises, whether or not that party would otherwise be entitled to enter or be in the premises. (6) On entering any premises pursuant to this section, a Tenancy Mediator shall produce to the person granting admission to the premises the Tenancy Mediator's warrant of appointment, and shall at any time thereafter while in the premises produce that warrant to any other person who demands to see it. (7) Every person commits an offence and is liable to a fine not exceeding $1,000 who, without reasonable excuse, obstructs or hinders any Tenancy Mediator in the exercise of the power conferred by subsection (1) of this section. The reference to the Defence Act 1990 in subsection (2) was substituted, as from 1 April 1990, for a reference to the Defence Act pursuant to section 105(2) Defence Act 1990 (1990 No 28).