Section 48 — Residential Tenancies Act 1986: Landlord's right of entry

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 given at, or immediately before, the time of entry; or (b) In any of the circumstances described in subsection (2) or subsection (3) of this section. (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 (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 (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 (e) Pursuant to an order of the Tribunal. (3) For the purpose of showing the premises to prospective tenants or to prospective purchasers, or to a registered valuer engaged in the preparation of a report, the landlord may, with the prior consent of the tenant (which shall not be unreasonably withheld) and subject to such reasonable conditions as the tenant may attach to that consent, enter the premises at any reasonable time. (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) of this section: (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 subsection (2) or subsection (3) of this section. (5) Notwithstanding anything in subsection (2) or subsection (3) or subsection (4) of this section, 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) of this section commits an offence and is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $500. (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 (South Australia),

s 49 Subsection (2)(c) was substituted, as from 1 May 1996, by section 21(1) Residential Tenancies Amendment Act 1996 (1996 No 7). Subsection (2)(d) was amended, as from 1 May 1996, by section 21(2) Residential Tenancies Amendment Act 1996 (1996 No 7) by inserting the word “ ; or ” . Subsection (2)(e) was inserted, as from 1 May 1996, by section 21(2) Residential Tenancies Amendment Act 1996 (1996 No 7). Subsection (3) was amended, as from 1 May 1996, by section 21(3) Residential Tenancies Amendment Act 1996 (1996 No 7) by inserting the words “ or to a registered valuer engaged in the preparation of a report, ” . Subsection (4) was substituted, as from 1 May 1996, by section 21(4) Residential Tenancies Amendment Act 1996 (1996 No 7).