How much notice does my landlord have to give before inspecting my home in the ACT?
Your landlord must give you at least 7 days' written notice before conducting a routine inspection in the ACT. They are legally limited to inspecting the rental property a maximum of twice per 12-month period, plus one initial inspection within the first month of your lease.
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How it works in practice
Routine inspections are a standard part of renting, but they must follow strict legal procedures.
Legal Notice Requirements
In the Australian Capital Territory (ACT), landlords and real estate agents must respect your right to privacy and quiet enjoyment. If they wish to conduct a routine inspection of your rental property, the law strictly requires them to provide you with at least 7 days' written notice.
Limits on Inspection Frequency
Unlike some other states, the ACT has strict limits on how often a landlord can inspect your home. Under the standard tenancy terms, landlords are only permitted to carry out a routine inspection twice in any 12-month period. Additionally, they are allowed one initial inspection during the first month of your lease to ensure everything is settled.
Setting the Time and Day
The written notice you receive must specify the date and a reasonable timeframe for the inspection to take place. Inspections cannot be scheduled on Sundays or public holidays, and they must occur between 8:00 AM and 6:00 PM.
Tenant Rights During Inspections
You have the absolute right to be present during the inspection, although it is not legally mandatory. If the proposed time genuinely does not work for you, you can request to negotiate a more suitable time, and the landlord should make a reasonable effort to accommodate your schedule.
Important exceptions
There are specific exceptions where the standard 7-day notice period for routine inspections does not apply in the ACT.
If there is a genuine emergency, such as a burst water pipe, gas leak, or severe structural damage, the landlord can enter the property immediately without giving any prior notice.
Additionally, if you request non-urgent repairs, the landlord or a tradesperson can access the premises to fix the issue with only 2 days' notice.
Finally, if the property is being sold or re-let, the landlord must give 48 hours' notice before showing the property to prospective buyers or new tenants.
What you should do now
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Check your tenancy agreement to confirm the standard terms regarding inspections and access apply to your specific lease.
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Review the written notice provided by your landlord to ensure they have given the legally required 7 days' notice.
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Verify that the scheduled inspection date falls on a business day or Saturday, between the hours of 8:00 AM and 6:00 PM.
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Contact your landlord or real estate agent immediately in writing if the proposed time is unreasonable and request a rescheduled appointment.
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File a formal complaint with the ACT Civil and Administrative Tribunal (ACAT) if your landlord repeatedly ignores the notice periods or inspection limits.
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