RESIDENTIAL TENANCIES ACT 1987 (WA) – Section 46
You may have received a link to this page as part of a notice that we will enter your rental property for a routine inspection. Below is information from the Department of Commerce regarding entry and notices for inspections.
Service of information for the Lessor (Landlord)
- If the matter goes to Court you will have to produce evidence of service. Service may be effected by various means, for example:
- by personal delivery (you may seek the assistance of a bailiff or other process server); or
- by post (normal post not registered post).
- by email if agreed.
- You can deliver the notice to the tenant, a resident of the rented premises who is apparently over 16 years, or to a person who ordinarily pays the rent.
- Service may be on any one tenant if there are more than one.
- For full details about the service of notices and documents see Section 85 of the Residential Tenancies Act 1987.
Important information for Lessors (Landlords) and Tenants
- This notice has been issued by the lessor (landlord) or their property manager to let you know that they intend to enter the premises.
- Tenancy laws limit the situations in which a lessor or their property manager can enter rental premises. For example, a lessor/property manager can enter rental premises for routine property inspections a maximum of four times in 12 months.
- Other types of entry and required notice periods are outlined in the table below.
- If a written notice is provided:
- the lessor/property manager must attempt to negotiate a day and time that does not unduly inconvenience the tenant before giving the notice;
- entry must occur between 8am–6pm on a weekday, 9am–5pm on a Saturday, or any other time agreed by the lessor/property manager and the tenant; and
- the notice should specify the day of the entry and whether the entry will be before 12 noon or after 12 noon and, if possible, a more specific time. For example, “3pm” or “between 2–4pm”.
- The lessor/property manager must not stay, or permit others to stay, longer than necessary to achieve the purpose of the entry. However, the tenant can agree to let them stay longer.
- The lessor/property manager must compensate the tenant if they or any person accompanying them causes damage to the tenant’s goods.
- The tenant shall not cause or permit a nuisance on the premises at any time, including during inspections.
Types of Entry to Rental Premises and Required Notice Periods
- Routine inspection – A minimum of 7 days’ written notice and maximum of 14 days’ written notice.
- Carrying out or inspecting necessary repairs or maintenance of the premises – A minimum of 72 hours’ written notice.
- Showing the premises to prospective tenants – Reasonable written notice. Prospective tenants may be shown the premises during the 21 days before the end of the tenancy agreement.
- Showing the premises to prospective purchasers – Reasonable written notice.
- Abandonment of premises – Notice required. Use Notice to Tenant of Abandonment of Premises.
- Tenant provides consent at the time of entry or immediately before – No notice required.
- Emergency – No notice required.
- Collecting rent where rent is paid not more than once every week and it is agreed the rent be collected at the premises – No notice required.
For further information about tenancy rights, refer to the Residential Tenancies Act 1987 or contact the Department of Commerce on 1300 30 40 54 or www.commerce.wa.gov.au/ConsumerProtection. For Translating and Interpreting Services please telephone TIS on 13 14 50 and ask to speak to the Department of Commerce (1300 30 40 54) for assistance.