(1)The landlord of a boarding house may enter a boarding room that is currently let to a tenant only in the following circumstances:
(a)with the consent of the tenant (or, if the room is let to more than 1 tenant, with the consent of any tenant of the room) freely given at, or immediately before, the time of entry:
(b)the landlord believes on reasonable grounds that there is an emergency and that immediate entry is necessary to save life or property:
(c)the landlord believes on reasonable grounds that there is a serious risk to life or property and that immediate entry is necessary to reduce or eliminate the risk:
(d)services are provided under the tenancy agreement and it is necessary to enter the room in order to provide them, but, in this case, the entry must be in accordance with any conditions specified in the tenancy agreement or the house rules:
(e)the Tribunal has ordered that the landlord may enter the room.
(2)The landlord may also enter the room of a tenant if the landlord—
(a)gives the tenant (or, if the room is let to more than 1 tenant, any tenant of the room), at least 24 hours before the entry, a notice of entry that complies with section 66S; and
(b)enters the room only for the purpose set out in the notice of entry (which must be one of the purposes set out in section 66S(1)); and
(c)enters the room between 8 am and 6 pm.
(3)A landlord entering a room under this section—
(a)must do so in a reasonable manner; and
(b)must not stay in the room longer than is necessary to achieve the purpose of the entry; and
(c)must not interfere with the tenant’s property unless it is necessary for the purpose of the entry.
Compare: Residential Tenancies Act 1997 ss 136, 138 (Vic)
Section 66R: inserted, on 1 October 2010, by section 49 of the Residential Tenancies Amendment Act 2010 (2010 No 95).
(1)The purposes for which a landlord may enter a boarding room under a notice of entry are—
(a)to show the room to a prospective tenant:
(b)to show the room to a prospective buyer or lender, or to a registered valuer, real estate agent, or an expert engaged in appraising or evaluating the boarding house, if the boarding house is to be sold or used as security:
(c)where entry to the room is necessary to enable the landlord to fulfil his or her obligations under this Act:
(d)where the landlord has reasonable grounds to believe that a tenant of the room has failed to comply with his or her obligations as a tenant under this Act:
(e)the landlord wishes to confirm whether or not a tenant of the room has abandoned the tenancy:
(f)the landlord wishes to inspect the room and no entry for that purpose has been made within the last 4 weeks:
(g)to inspect work that the landlord has required the tenant to carry out or that the tenant has agreed to carry out.
(2)The tenant may be notified of the proposed entry orally or in writing.
(3)The notice must—
(a)state the purpose of the entry, which must be one of the purposes listed in subsection (1); and
(b)identify the person or persons who will enter the room; and
(c)state the date on which entry will be made and the approximate time of entry.
(4)If the notice is in writing, it must be served on the tenant by—
(a)giving it to the tenant in person; or
(b)putting it on the door of the tenant’s room; or
(c)putting it inside the tenant’s room (for example, by sliding it under the door).
Compare: Residential Tenancies Act 1997 ss 137, 139 (Vic)
Section 66S: inserted, on 1 October 2010, by section 49 of the Residential Tenancies Amendment Act 2010 (2010 No 95).
(1)The following are unlawful acts:
(a)entry into a tenant’s room by a landlord otherwise than in accordance with section 66R:
(b)the use or threat of force by the landlord to enter or attempt to enter a tenant’s room (other than as provided for in section 66R(1)(b) or (c)):
(c)failure by a tenant of a boarding room (or any person occupying the tenant’s room with the tenant’s permission) to permit the entry by the landlord into the tenant’s room when the person entering is exercising a right of entry in accordance with section 66R.
(2)A landlord who uses or threatens to use force to gain entry into a tenant’s room in breach of subsection (1)(b) commits an offence and is liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,000.
(3)If a landlord enters a tenant’s room under section 66R(2), but does not comply with sections 66R(3) and 66S, the tenant may apply to the Tribunal for an order prohibiting the landlord from exercising the right to enter under section 66R(2) for a period specified in the order.
(4)If a landlord damages any property of a tenant while in the tenant’s room, the tenant may apply to the Tribunal for compensation for the damage.
Compare: Residential Tenancies Act 1997 ss 140, 141 (Vic)
Section 66T: inserted, on 1 October 2010, by section 49 of the Residential Tenancies Amendment Act 2010 (2010 No 95).
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