New South Wales Consolidated Acts

RESIDENTIAL TENANCIES ACT 2010 - SECT 55

55 Access generally by landlord to residential premises without consent

(1) A landlord, the landlord's agent or any other person authorised by the landlord may enter residential premises during a residential tenancy agreement without the consent of the tenant, and without giving notice to the tenant, only in the following circumstances--

(a) in an emergency,

(b) to carry out urgent repairs,

(c) if the landlord, landlord's agent or person has made a reasonable attempt to obtain entry with consent and has reasonable cause for serious concern about the health or safety of the tenant or any other person that the landlord, landlord's agent or person believes is on the residential premises,

(d) if the landlord forms a reasonable belief that the residential premises have been abandoned,

(e) in accordance with an order of the Tribunal.

(2) A landlord, the landlord's agent or any other person authorised by the landlord may enter residential premises during a residential tenancy agreement without the consent of the tenant, after giving notice to the tenant, only in the following circumstances--

(a) to inspect the residential premises, not more than 4 times in any period of 12 months, if the tenant has been given not less than 7 days written notice each time,

(b) to carry out or assess the need for necessary repairs (other than urgent repairs) to, or maintenance of, the residential premises, if the tenant has been given not less than 2 days notice each time,

(c) to carry out, inspect or assess the need for work for the purpose of compliance with the landlord's statutory obligations relating to the health or safety of the residential premises, if the tenant has been given not less than 2 days notice each time,

(c1) to carry out, inspect or assess the need for repairs to, or replacement of, a smoke alarm installed at the residential premises if the tenant has been given notice in accordance with the regulations,

(d) to value the property, not more than once in any period of 12 months, if the tenant is given not less than 7 days notice each time,

(d1) to take photographs, or make a visual recording, of the interior of the premises for the purposes of advertising the residential premises for sale or lease not more than once in the period of 28 days preceding the commencement of marketing the residential premises for sale or lease or the termination of the agreement, if the tenant is given--

(i) reasonable notice, and

(ii) a reasonable opportunity to move any of the tenant's possessions that can reasonably be moved out of the frame of the photograph or the scope of the recording,

(e) to show the premises to prospective tenants, a reasonable number of times during the period of 14 days preceding the termination of the agreement, if the tenant is given reasonable notice each time,

(f) if the landlord and tenant fail to agree under section 53 to show the premises to prospective purchasers, not more than twice in any period of a week, if the tenant is given not less than 48 hours notice each time.

(3) This section does not apply to any part of premises to which the tenant does not have the right of exclusive occupation.

(4) This section is a term of every residential tenancy agreement.