Australian Capital Territory Current Acts

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Lessor may enter premises to confirm abandonment

    (1)     This section applies if a lessor of premises under a residential tenancy agreement has taken all reasonable steps to contact the tenant and believes on reasonable grounds that the premises have been abandoned by the tenant.


David has a fixed-term residential tenancy agreement with Michael to rent Michael's house. David hasn't paid his rent for 4 weeks so Michael tries to call David on the telephone number David gave him as a contact number. After several unsuccessful attempts to call him, Michael then sends letters to David's postal and email addresses but gets no response. Michael also drives by the house on several occasions at different times and notices that there is never any activity there. He also notices a smashed window and broken glass on the ground. Michael has taken all reasonable steps to contact David and has reasonable grounds for believing the premises have been abandoned by David.

    (2)     The lessor may, without the tenant's consent, and without giving notice to the tenant, enter the premises during the residential tenancy agreement to confirm whether the premises have been abandoned.

    (3)     However, the lessor must not enter the premises—

        (a)     on Sunday; or

        (b)     on a public holiday; or

        (c)     before 8am or after 6pm.

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