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Thursday, 06 January 2011

MPP investigates the ins and outs of having your rental agent or landlord drop in for an inspection. By Jessica Ainscough.

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Let’s face it, there are certain times when it is just a tad inappropriate to have a real estate agent or landlord popping over to your rental for an inspection. Like when you’re running late for work and can’t find a clean pair of pants, or if you’ve had a big night the evening before and the place looks less than presentable, or how about when the kids decide to turn your home into a playground. Luckily, at times like this you can be assured that you won’t have someone knocking at your door demanding an impromptu visit.

According to the Residential Tenancy Authority (RTA), there are guidelines that must be adhered to when it comes to how and when an agent or landlord can come through your rental property. Reasonable steps must be taken to ensure the privacy of you, the tenant.

These steps include:

• A landlord or agent is not allowed to hold an open house to sell or re-let the premises without written consent from the tenant.

• Before the landlord or agent enters the property, the tenant must be given notice in writing using an entry notice.

• Entry must happen at a reasonable time. The landlord or agent is not allowed to swing by on Sundays or public holidays, or between 6pm and 8am on other days unless the tenant and the agent agree.

• A two-hour time period must be specified on the entry notice to state the hours during which they intend to enter the premises. The landlord/agent must come by during that particular two-hour period, then can stay in the property past the end of the two-hour period to complete the job. This does not apply to entry by tradespeople.

• The landlord or agent may enter with another person, such as a tradesperson to complete repairs or a police officer if a tenant is damaging the property, as long as the correct amount of notice is given. On these occasions, a two-hour time period is not required.

• A landlord/agent may enter a property at any time with the tenant’s permission.

If you’ve been given an entry notice from your agent or landlord for a time that doesn’t suit, it’s best to contact the agent immediately to negotiate another time that is suitable to both of you. However, if the landlord/agent has followed the rules set out by the laws, provided the correct notice and entry is proposed at a reasonable time, the agent can still enter the premises to conduct lawful business. If these requirements are not met or you believe the entry to the premises is unlawful, you can make a complaint to the RTA.