South Australian Current Acts South Australian Current Acts (1) It is a term of a
residential tenancy agreement that the landlord (or an agent of the landlord)
may enter the premises—
(b) to
collect rent (if a reasonable alternative method of payment of rent not
involving attendance at the premises has been offered to, but not accepted by,
the tenant)—
(i)
not more than once each week; and
(ii)
only at a time previously arranged with the tenant (which
may only be outside normal hours if the arrangement has been made no more than
7 days before the day of entry); or
(c) to
inspect the premises—
(i)
not more than 4 times in a year (or, if an order of
the Tribunal has permitted otherwise under subsection (5c), in accordance
with that order); and
(ii)
only in accordance with a written notice given to the
tenant no less than 7 and no more than 28 days before the day of
entry—
(A) stating the purpose of the proposed
entry and the date of the proposed entry; and
(B) specifying a period of up to
2 hours (which must be within normal hours) within which the proposed
entry will occur,
(however, if the premises are in a remote location or it is necessary for the
landlord or agent to be accompanied by a person for the purposes of the
inspection, the notice need not specify a 2 hour period within which the
proposed entry is to occur, but the entry must occur within normal hours); or
(ca) to
inspect the premises in accordance with an order of the Tribunal under
section 89A(4)(b); or
(d) to
carry out garden maintenance, but only—
(i)
at a time previously arranged with the tenant no more
than 7 days before the day of entry; or
(ii)
in accordance with a written notice given to the tenant
no less than 7 and no more than 14 days before the day of entry
stating the purpose of the proposed entry and the date and time (which must be
within normal hours) of the proposed entry; or
(iii)
at the request of the tenant; or
(e) to
carry out necessary maintenance (other than garden maintenance) or repairs
(other than in an emergency), but only at the request of the tenant, or at a
time within normal hours of which the tenant has been given at least
48 hours notice; or
(ea) to
carry out the requirements of a housing assessment order or
housing improvement order at a reasonable time of which the tenant has been
given at least 48 hours notice; or
(f) to
show the premises to prospective tenants—
(i)
at the request of the tenant; or
(ii)
during the period of 28 days preceding the termination of
the tenancy agreement, but only on a reasonable number of occasions and only
at a time within normal hours of which the tenant has been given reasonable
notice; or
(g) to
show the premises to prospective purchasers, on not more than 2 occasions
in any 7 day period (unless the tenant has agreed otherwise), but
only—
(i)
at a time previously arranged with the agreement of the
tenant (who must not unreasonably refuse to agree to times when the premises
are to be available for inspection by prospective purchasers); or
(ii)
if agreement cannot be reached with the tenant—at a
time within normal hours as ordered by the Tribunal, on application by the
landlord, if the Tribunal is satisfied that the tenant is unreasonably
withholding their agreement; or
(h) if
the landlord has given the tenant notice of a breach of the
residential tenancy agreement under section 80—to determine whether
the breach has been remedied, but only in accordance with a written notice in
the prescribed form given to the tenant no less than 7 and no more than
14 days before the day of entry stating the purpose of the proposed entry
and the date and time (which must be within normal hours) of the proposed
entry; or
(i)
for some other genuine purpose, but only—
(i)
in accordance with a written notice given to the tenant
no less than 7 and no more than 14 days before the day of entry and
stating the purpose of the proposed entry and the date and time (which must be
within normal hours) of the proposed entry; or
(ii)
with the consent of the tenant; or
(j) if
the landlord believes on reasonable grounds that the tenant has abandoned the
premises.
(2) It is a term of a
residential tenancy agreement that if the tenant has indicated to the landlord
that he or she wishes to be present during the period when the landlord or
landlord's agent is at the premises, the landlord (or an agent of the
landlord) may not enter the premises unless a reasonable effort has been made
to arrange for the visit to occur at a time when it is convenient for the
tenant to be present (having regard to the work and other commitments of both
the tenant and the persons entering the premises).
(3)
Subsection (2) does not apply to entry under subsection (1)(a), (h)
or (j).
(4) It is a term of a
residential tenancy agreement that neither the landlord nor an agent of the
landlord may enter the premises otherwise than in accordance with the
preceding subsections.
(5) This section does
not apply to a part of the premises that the tenant uses in common with the
landlord or another tenant of the landlord.
(5a) For the purposes
of subsection (1)(c), (ca), (f), (g) and (h), the
regulations may prescribe requirements relating to the production,
distribution or publication of documents or records in connection with the
relevant entry onto the premises.
(5b) A landlord who
contravenes a requirement under subsection (5a) is guilty of an offence.
Maximum penalty: $25 000.
Expiation fee: $1 200.
(5c) The Tribunal may,
on application by the landlord or an agent of the landlord, order that the
landlord or agent is permitted to inspect the premises more than 4 times
in a year if the Tribunal is satisfied that such an order is necessary because
of the state of the premises or any other prescribed circumstance.
(6) In this
section—
"normal hours" means the hours between 8am and 8pm on any day other than a
Sunday or public holiday.