The Residential Tenancy Agreement states the below:
LANDLORD’S ACCESS TO THE PREMISES
24.8 The Landlord agrees to show the premises to prospective tenants on a reasonable number of occasions if the tenant is given reasonable notice on each occasion (this is only allowed during the last 14 days of the agreement).
We do understand of course that the tenant will be packing, cleaning and organising removalists.
Showing the property to prospective new tenants will normally only take 10 – 15 minutes. Prospective new tenants should be properly supervised throughout the inspection. Prospective tenants also have to register their details and provide identification to attend the inspection.
ADDITIONAL TERM – TENANTS’ REFUSAL OF ACCESS
81. Where the tenant has been provided with the requisite notice pursuant to clause 24.8 and the tenant has refused access to the residential premises preventing prospective tenants from inspecting them, the tenant acknowledges and agrees that the landlord is entitled to claim damages for loss of bargain in the event the landlord is unable to secure a future tenant as a result of the tenants refusal to allow access to the residential premises.
82. The tenant agrees that the landlord and the landlord’s agent are authorized to use the office set of keys to access the residential premises for the purpose of carrying out an inspection pursuant to clause 24.
The idea of these Terms & Conditions is to minimise the period between the end of the existing tenancy and the start of a new tenancy. Refusing access could make the tenant liable for the lost rent between tenancies, known as “loss of bargain”. At the time of writing, there is shortage of rental properties, so there should not be long delays between tenancies
If you have any questions regarding this article or the Residential Tenancy Agreement. Please reach out to Steve Arnold, Principal & Licensee in charge of Arnold Property with over 37 years’ experience in Residential Property Management.
0419 947 980 or (02) 4969 2600 | mail@arnoldproperty.com.au
