Inspections, access and privacy in an ACT rental

Your right to privacy

Your lessor must not interfere with your reasonable peace, comfort or privacy (standard term 52), and you have exclusive possession of the home unless agreed otherwise in writing (standard term 53). They can only require access as the law, your lease or an ACAT order allows. You can let them in at any other time if you choose, and you can ask anyone who comes to show identification (standard term 75).

When nobody can come in

No access on Sundays, public holidays, or before 8am or after 6pm (standard term 76), unless it’s:

• for urgent repairs
• for health or safety reasons
• with your consent

Routine inspections

• How many: twice in each 12 months from the start of the tenancy (standard term 77), plus one in the first month and one in the last month (standard term 78).
• Notice: 1 week’s written notice (standard term 79).
• Time: agreed between you, with reasonable regard to both your commitments. If you can’t agree, either of you can ask ACAT to set a time. The Renting Book says the lessor isn’t entitled to use their keys if you haven’t agreed a time.

The Renting Book also says:

• a re-inspection after problems are raised counts towards the limit
• a pet, or a housemate joining or leaving, doesn’t justify extra inspections

Access for repairs and work

• Non-urgent repairs, and insulation or other minimum-standard work: 1 week’s notice (or another period you agree), at a reasonable time, and only if it’s reasonable and necessary to come in (standard term 82).
• Urgent repairs: reasonable notice, at a reasonable time having regard to both your interests.

Showing the home to new tenants

In the last 3 weeks of your tenancy, you must allow reasonable access to show the home to prospective tenants, on 24 hours’ notice (standard term 80).

When the home is being sold

• Notice of sale first: the lessor must have told you in writing that they intend to sell.
• 48 hours’ notice for each inspection by prospective buyers (standard term 81).
• No more than 2 inspections a week, at times you agree; ACAT can set times if you can’t agree (standard term 81A).
• The usual day and hour limits still apply. You can choose whether to be there.

Leaving a fixed term because of a sale

You can end a fixed-term lease on at least 14 days’ written notice, with no break lease fee, if (section 46B):

• the home was offered for sale within 6 months of your lease starting and you weren’t told about the intended sale before you signed, or
• the lessor makes more than one request for buyer inspections and a later request comes more than 8 weeks after the first.

A sale doesn’t end your lease: a buyer who knew about the tenancy takes it on. In a periodic tenancy, the lessor can give 8 weeks’ notice to sell, with evidence. See ending a tenancy.

Apartments: owners corporation access

If you rent a unit, the owners corporation’s executive committee also has a limited right to enter at reasonable times, with reasonable notice except in an emergency, to investigate a suspected rule breach or do required maintenance. See body corporate rules.