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The landlord's right of entry

It is an important characteristic of tenancy that the tenant has possession of the premises, just as though the tenant were the owner. This normally means that the tenant can stop anyone from entering the property - including the landlord, the agent and any of their employees. For example, the landlord, or the landlord's family, cannot come on to the property to tend a garden or to pick fruit without the tenant's consent and they certainly cannot insist on inspecting the premises at a moment's notice. Under s.72 of the Residential Tenancies Act 1995 , the landlord or the landlord's agent has the right to enter the premises in the following manner only:

  • in the case of an emergency - at any time
  • to inspect the premises, no more than once every 4 weeks- after giving at least seven days (but not more than fourteen days) notice, on a day and at a reasonable time specified in the notice
  • to collect the rent - at any reasonable time and no more than once a week
  • to carry out repairs or maintenance to the premises - after giving at least 48 hours notice, at any reasonable time
  • to show the premises to prospective tenants - after giving reasonable notice, on a reasonable number of occasions and at any reasonable time within twenty eight days before the end of the existing tenancy
  • to show the premises to prospective purchasers - after giving reasonable notice, on a reasonable number of occasions and at any reasonable time
  • for any other purpose - with the consent of the tenant, at any time.
Landlord's right of entry

Two sisters sought orders against their landlord for quiet enjoyment of the premises. The sisters complained that the landlord entered the premises, peered in the windows, informed them that he was watching them and parked vehicles in the driveway obstructing their own vehicles. The landlord's wife harassed them in their backyard about strangers' cars parked on the street and insisting they turned off their lights, even though the McLoughlins were paying their own electricity. In addition, the landlord refused to allow them to sublet or even have friends sleep over. The Residential Tenancies Tribunal ordered the landlord to ensure that he offered reasonable peace, comfort and privacy to the tenants.

Source: McLoughlin v. Steele (R3144/89)

The landlord's right of entry  :  Last Revised: Tue Mar 5th 2002




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