Right of entry
Landlords must notify the tenant before entering the rental property. This includes entry to any gardens, sheds or yards that are part of the lease agreement.
In some cases written notice to enter the premises must be given before the landlord can enter.
Most entries must take place during ‘normal hours’ – between 8.00 am and 8.00 pm on any day except a Sunday or public holiday.
If the tenant wants to be present during the entry, the landlord must make reasonable attempts to schedule a time that is convenient for the tenant after taking into account the commitments of both the tenant and anyone entering.
This does not apply where the entry is made in an emergency, to check if a breach is remedied, or to check if a property is abandoned.
When a landlord can enter
- collect rent once a week at a time arranged with the tenant, if they chose that over another method of paying rent.
Entry must be within normal hours unless arranged at least seven days before
- inspect the property, once every four weeks, after giving seven to fourteen days written notice. They must specify a two hour entry time frame
- carry out repairs or maintenance after giving at least 48 hours’ notice. It can be less at the tenant's request
- carry out garden maintenance at a time previously arranged with the tenant after giving seven to fourteen days written notice. At the tenant's request the landlord can enter without giving the required notice
- show the property to prospective tenants during the last 28 days of a tenancy, and on a reasonable number of occasions, after giving reasonable notice. At the tenant's request, the landlord can enter before 28 days
- show the property to prospective buyers only twice in a seven day period (unless agreed otherwise) and at a time previously agreed with the tenant and if there's no agreement in place, after giving the tenant reasonable notice
- check if the tenant has remedied a breach after a breach notice has been served. Between seven and fourteen days written notice must be given to enter
- check if the premises have been abandoned - the landlord must have good reason to believe the tenant has vacated the property
- enter for some other genuine purpose after giving between seven and fourteen days written notice, or with the tenant’s consent.
In an emergency like a fire, no notice is required.
A landlord can enter within normal hours to:
If the tenant doesn't allow the landlord to enter
If a tenant denies the landlord entry after they've received proper notice they may be in breach of the agreement.
The landlord should then serve a breach notice asking the tenant to provide entry or vacate the property. After being issued with another notice to enter the property, if the tenant refuses entry the landlord can apply to the South Australian Civil and Administrative Tribunal (SACAT). SACAT will hear the matter and determine if access is to be granted.