The Law Handbook 2024

Chapter 6.1: Tenancy 481 have any questions about their duties or compliance order matters (ss 27(3), 209AA RT Act). Rental provider’s right of entry Rental providers or agents who enter a premises without a notice are breaching a renter’s quiet enjoyment. It is also an offence to enter a premises for reasons other than in accordance with the RT Act. To be entitled to enter a premises, a rental provider or agent must have a reason permitted by the RT Act, and must give notice in accordance with the RT Act (ss 85–88). A renter’s duty to permit entry only applies when a rental provider or agent seeks entry in accordance with the RT Act (s 85). If a rental provider or agent has not complied with the RT Act – or if the renter needs to limit the length or frequency of visits – the renter can apply to VCAT if arrangements cannot be negotiated between the parties (s 85). If a rental provider is exercising a right of entry but fails to comply with the RT Act, the renter may apply to VCAT for an order that the rental provider be restrained from entering the premises for a specified period (s 91 RT Act). The renter may also serve a Breach of Duty Notice claiming compensation for their loss of quiet enjoyment (s 67). A renter who applies for an order prohibiting entry or for compensation for loss of quiet enjoyment needs to substantiate their claim at VCAT. The renter should keep a record of all entries by the rental provider, including how long they stay, and any other relevant information. A renter can apply for compensation if any of their belongings are damaged or stolen during an entry to the premises (s 90(1) RT Act). Written Notices of Entry A right of entry arises where: • a rental provider gives the renter a proper written Notice of Entry with the minimum required notice period (see ‘Reasons for entry’, below, for the minimum required notice period for each reason); • the reason for entry in the notice is one of the reasons listed in section 86 of the RT Act; • the notice is given by post or in person between 8 am and 6 pm (s 88(c) RT Act); and • the entry is to occur at any time between 8 am and 6 pm on any day (except a public holiday) (s 85(b) RT Act). If sending a Notice of Entry by post, a rental provider should allow sufficient time for delivery to ensure the proper notice period is given. A rental provider or their agent may enter the premises even if the time chosen is inconvenient for the renter, or the renter is not home, as long as they have given the required notice and complied with the RT Act. However, if they are entering for a sales inspection, a rental provider is required to make reasonable efforts to agree on a time with the renter. If they are entering for advertising purposes, a rental provider is required to make reasonable attempts to agree on a time with the renter (ss 86(2A), 89A(2) RT Act). A person exercising the right of entry must do so in a reasonable manner and must not stay any longer than is necessary to achieve the purpose of entry (s 87(a) RT Act). Reasons for entry Rental providers and their agents have limited reasons to enter a premises. They may be accompanied by any person who is necessary to achieve the purpose of the entry. The notice must give the renter: • at least 48 hours’ notice if a Notice to Vacate or a Notice of Intention to Vacate has been given and entry is required to show the premises to a prospective renter, including having open for inspections during the last 21 days of the notice period (s 86(1)(a) RT Act); • at least seven days’ notice to produce advertising images and videos in accordance with the RT Act (s 86(1)(ab)); • at least 48 hours’ notice if the premises are to be sold or used as security for a loan and entry is required to show a prospective buyer or lender through the premises or conduct an open for inspection of the premises for prospective buyers (s 86(1)(b)); • at least 24 hours’ notice to allow a duty under the rental agreement, the RT Act, or any other Act (s 86(1)(c)) to be carried out; • at least seven days’ notice for a valuation (s 86(1) (d)); • at least 24 hours’ notice if the rental provider or their agent has reasonable grounds to believe that the renter has failed to comply with their duties under the RT Act or the rental agreement (s 86(1)(e));