Victorian Current Acts Victorian Current Acts(1) A right of entry in respect of rented premises may be exercised if—
S. 86(1)(a) substituted by No. 45/2018 s. 75(1)(a).
(a) subject to subsection (2), before giving notice of entry, a notice to vacate or a notice of intention to vacate the rented premises had been given and entry is required—
(i) to show the premises to a prospective renter; or
(ii) to conduct an open inspection of the premises for prospective renters; or
S. 86(1)(ab) inserted by No. 45/2018 s. 75(1)(a).
(ab) to produce advertising images and videos in accordance with section 89A; or
S. 86(1)(b) substituted by No. 45/2018 s. 75(1)(b).
(b) subject to subsection (2A), if the premises are to be sold or used as security for a loan and entry is required—
(i) to show the premises to a prospective buyer or lender; or
(ii) to conduct an open inspection of the premises for prospective buyers; or
S. 86(1)(c) amended by No. 45/2018 s. 75(1)(c).
(c) entry is required to enable the residential rental provider to carry out a duty under this Act, the residential rental agreement or any other Act; or
(d) entry is required for valuation purposes; or
S. 86(1)(e) amended by No. 45/2018 s. 75(1)(d).
(e) the residential rental provider or that person's agent has reasonable grounds to believe that the renter has failed to comply with his or her duties under this Act or the residential rental agreement; or
S. 86(1)(f) amended by No. 52/2008 s. 260(1).
(f) entry is required to enable inspection of the premises and entry for that purpose has not been made within the last 6 months; or
S. 86(1)(g) inserted by No. 52/2008 s. 260(2), amended by Nos 1/2021 s. 83, 45/2018 s. 75(1)(e) (as amended by No. 1/2021 s. 90(2)).
(g) entry is required to enable inspection of the premises for the purposes of proceedings arising from or relating to an application made under section 91V(1).
S. 86(2) substituted by No. 45/2018 s. 75(2).
(2) The following apply in respect of entry to rented premises for a purpose referred to in subsection (1)(a)—
(a) the right of entry may only be exercised—
(i) in the period within 21 days before the termination date specified in the notice to vacate or notice of intention to vacate; and
(ii) up to twice a week, unless otherwise agreed with the renter; and
(iii) for a period of no longer than one hour, unless a longer period is agreed with the renter;
(b) it is not unreasonable for a protected person residing at the premises to require that any inspections be by appointment.
S. 86(2A) inserted by No. 45/2018 s. 75(2).
(2A) The following apply in respect of entry to rented premises for a purpose referred to in subsection (1)(b)—
(a) the right of entry may only be exercised—
(i) if the residential rental provider has given the renter notice of intention to sell in the form approved by the Director at least 14 days before entry is proposed; and
(ii) if the residential rental provider has made all reasonable efforts to agree with the renter on days and times for the property to be available for inspection; and
(iii) up to twice a week, unless otherwise agreed with the renter; and
(iv) for a period of no longer than one hour, unless a longer period is agreed with the renter;
(b) it is not unreasonable for a protected person residing at the premises to require that any inspections be by appointment;
(c) a renter at the premises is entitled to the prescribed compensation for sales inspections.
S. 86(2B) inserted by No. 45/2018 s. 75(2).
(2B) If a rental provider exercises a right of entry under subsection (1)(b), the rental provider must pay the renter the prescribed compensation for each sales inspection.
S. 86(3) inserted by No. 45/2002 s. 18, amended by No. 45/2018 s. 75(3).
(3) Despite subsection (1), in the case of the first residential rental agreement entered into between a residential rental provider and a renter in respect of rented premises, a right of entry referred to in subsection (1)(f) may only be exercised after the end of the first 3 months of the tenancy.
S. 86(4) inserted by No. 52/2008 s. 260(3), amended by No. 45/2018 s. 75(4) (as amended by No. 47/2019 s. 67).
(4) For the purposes of an inspection under subsection (1)(g), the excluded renter may have a representative present at the inspection of the premises, but must provide the name and contact details of the representative to the residential rental provider or that person's agent before the inspection.