Direction for landlords and tenants regarding impacts on entry due to COVID-19 is available on the CBS website under ‘list of common situations’
Tenants must be notified before a landlord or someone authorised by them enters a rental property. This includes entry to gardens, sheds or yards.
Most of the time, the landlord must enter during ‘normal hours’ – between 8.00 am and 8.00 pm any day other than a Sunday or public holiday. There are exceptions. For example, in an emergency such as a fire or burst water pipe – no notice is required.
Collecting rent
The landlord can enter the property to collect rent at a time arranged with the tenant - provided they were given another method of paying rent and it is during normal hours.
Rent can also be collected outside of normal hours if it’s arranged with the tenant at least 7 days before.
Inspections
The landlord can inspect the property:
- no more than once every 4 weeks
- after giving 7 to 14 days written notice (241.1 KB PDF)
- for a period of up to 2 hours.
The landlord can enter the property to check if the tenant has remedied a breach after:
- a breach notice is services
- giving between 7 and 14 days written notice (220.7 KB PDF)
Repairs and maintenance
Necessary repairs or maintenance can be carried out at the property during normal hours, after giving at least 48 hours’ notice - unless the tenant requests less time.
Garden maintenance can be arranged during normal hours:
- at a time previously arranged with the tenant 7 days before
- after giving 7 to 14 days written notice (241.1 KB PDF)
- or at the tenant's request
Prospective buyers and tenants
The landlord can show the property to prospective tenants in the last 28 days of the tenancy. This can happen at the time requested by the tenant or after giving reasonable notice and only for a reasonable number of times.
The property can be shown to prospective buyers, no more than twice in 7 days - unless agreed otherwise - and at a time previously agreed with the tenant. If there is no agreement, after giving the tenant reasonable notice .
Genuine reasons
The landlord can enter the property for another genuine purpose but it must be:
- after giving between 7 and 14 days written notice (241.1 KB PDF)
- with the tenant’s consent.
If a tenant wants to be present
Tenants have a right to remain in the property during the entry.
The landlord must make a reasonable effort to reschedule the entry to a time that’s convenient for the tenant if they choose to be present. The commitments of both the tenant and anyone entering must be considered.
This doesn’t apply where entry is for:
- an emergency
- checking if a breach is fixed
- checking if a property is abandoned.
Checking if a property is abandoned
The property is abandoned if the tenant and any other occupants have permanently left the property.
The landlord must have good reason to believe the property is abandoned before they can enter.
the landlord should act as though there is someone is in the property. Before entering, knock on the door loudly and allow enough time for anyone in the property to respond. Landlords can take another person with them to the entry.
Once inside, landlords should continue calling out until either someone responds, or they are satisfied the property is abandoned. If someone is in the property explain the reason for being there. Leave as quickly as possible.
A landlord that is absolutely sure the property is abandoned can take possession.
If a tenant refuses entry
Tenants who deny landlords’ entry after they’ve received the correct notice could be in breach of the agreement.
The landlord can serve a notice to tenant to remedy breach of agreement (238.7 KB PDF). This asks the tenant to provide entry or vacate the property.
If the tenant still refuses entry, after being issued with a notice to check if a breach has been fixed(220.7 KB PDF), the landlord can apply to the South Australian Civil and Administrative Tribunal for access to be granted.
