Western Australian Current Acts Western Australian Current Acts (1) In this section
—
lessor , in relation to premises, includes the
property manager of the premises acting on behalf of the lessor;
notice means notice in the approved form;
premises means any part of the premises in respect
of which the tenant has a right of exclusive occupation;
reasonable time means —
(a)
between 8.00 a.m. and 6.00 p.m. on a weekday; or
(b)
between 9.00 a.m. and 5.00 p.m. on a Saturday; or
(c) at
any other time agreed between the lessor and each tenant.
(2) It is a term of
every residential tenancy agreement that the lessor may enter the premises in
all or any of the following circumstances but not otherwise —
(a) in
any case of emergency;
(b) for
conducting routine inspections of the premises or any other purpose, on a day
and at a reasonable time, specified by notice in writing given to the tenant
—
(i)
not less than 7 days before the proposed entry; and
(ii)
within 14 days before the proposed entry;
(c) at
any reasonable time for the purpose of collecting the rent under the
agreement, where it is payable not more frequently than once every week and it
is agreed that the rent be collected at the premises;
(d)
under section 77(4);
(e) for
the purpose of carrying out or inspecting necessary repairs to or maintenance
of the premises, at any reasonable time, after giving the tenant not less than
72 hours notice in writing before the proposed entry;
(f) for
the purpose of showing the premises to prospective tenants, at any reasonable
time and on a reasonable number of occasions during the period of 21 days
preceding the termination of the agreement, after giving the tenant reasonable
notice in writing;
(g) for
the purpose of showing the premises to prospective purchasers, at any
reasonable time and on a reasonable number of occasions, after giving the
tenant reasonable notice in writing;
(ga) for
the purpose of inspecting the premises and assessing any damage after the
termination of a tenant’s interest under —
(i)
section 60(1)(ba) or (bb); or
(ii)
section 60(1)(bc);
(h) with
the consent of the tenant given at, or immediately before, the time of entry.
(3) It is a term of
every residential tenancy agreement that the lessor may enter the premises
under subsection (2)(b) for the purpose of inspecting the premises not more
than 4 times in any 12 month period.
(4) It is a term of
every residential tenancy agreement that if it would unduly inconvenience the
tenant for the lessor to enter the premises as specified in a notice given
under subsection (2), the lessor must make a reasonable attempt to negotiate a
day and time for that entry that does not unduly inconvenience the tenant.
(5) It is a term of
every residential tenancy agreement that where a lessor gives a tenant notice
of an intention to enter premises on a particular day under subsection (2),
the notice must specify —
(a) the
day of the entry; and
(b)
whether the entry will be before or after 12.00 p.m. on that day.
(6) It is a term of
every residential tenancy agreement that if the lessor exercises a right of
entry under subsection (2)(f) or (g) the tenant is entitled to be on the
premises during the entry.
(6A) It is a term of
every residential tenancy agreement that the lessor may enter the premises
under subsection (2)(ga)(i) —
(a) not
more than 7 days after receiving notice under section 71AB(1) or 71AD(4); and
(b) not
less than 3 days after giving notice to each tenant of the lessor’s
intention to enter the premises.
(6B) It is a term of
every residential tenancy agreement that the lessor may enter the premises
under subsection (2)(ga)(ii) —
(a) not
more than 10 days before the hearing of the application under section 71AE;
and
(b) not
less than 3 days after giving notice to each tenant of the lessor’s
intention to enter the premises.
(7) It is a term of
every residential tenancy agreement that the lessor exercising a right of
entry under this section —
(a) must
do so in a reasonable manner; and
(b) must
not, without the tenant’s consent, stay or permit others to stay on the
premises longer than is necessary to achieve the purpose of the entry.
(8) It is a term of
every residential tenancy agreement that the lessor is to compensate the
tenant if the lessor or any person accompanying the lessor causes damage to
the tenant’s goods on the premises when exercising a right of entry
under subsection (2).
[Section 46 inserted: No. 60 of 2011 s. 41;
amended: No. 42 of 2016 s. 4; No. 3 of 2019 s. 11; No. 11 of 2024 s. 30.]
[ 47. Deleted: No. 11 of 2024 s. 31.]