Reasonable rental inspections

Question from Claudia updated on 22nd February 2011:

I've got a flat inspection coming up, and last time the landlord done an inspection he was there for over 1h30mins and he went through all my cupboards and claimed to check for "structural" damage is this allowed? ... what are my rights?

Our expert Jeff Montgomery responded:

For the purpose of a property inspection, a landlord can enter the premises providing:

• the landlord gives the tenant a minimum of 48 hours notice of the inspection

• the inspection is within 14 days of giving the notice

• the inspection is carried out between the hours of 8am and 7pm on the day specified

• the inspection is not carried out within 4 weeks of any previous inspection

The Residential Tenancies Act 1986 (the Act) does not specify how long an inspection shall be. A prudent landlord may conduct a thorough inspection, which may include checking cupboards for structural damage. Tenants can also expect to have quiet enjoyment of the premises. I suggest you discuss your concerns with your landlord if you consider the length or extent of the inspections are interfering with your quiet enjoyment.

The Department of Building and Housing provides information and guidance on building law and compliance, services including weathertight homes, and advice for tenants and landlords.


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