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We all understand why a landlord would want to inspect their property but nobody likes the idea of someone poking around your stuff, even if they do own the roof over your head.
QUESTION: My real estate agent has scheduled a periodic inspection for a day next week, between 10-4pm. I work full time, live alone, and can’t be there that day.
I asked the agent if we could reschedule the date so I can be there. They have refused and I’m not comfortable with them coming without me there. Can they do that? – Nomad (via Flat Chat Forum).
ANSWER: A landlord or their agent can enter your home for an inspection without your consent, provided they have given seven days notice in writing. If notice is posted, the landlord/agent must allow an extra four working days for delivery.
They are allowed to do this a maximum of four times per year. Have a look at the TenantsNSW fact sheet No 8 on tenants.org.au.
If you are uncomfortable with this arrangement and can’t be there yourself, you might want to get a friend or neighbour to attend on your behalf.
But really, would it have ruined this agent’s day to have allowed you some leeway?
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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I am not currently a renter, but I think it is unreasonable to have an inspection when the resident is not present. It is your personal space and you should have the right to be present when an inspection is carried out or at least be given the right to advise when it would be convenient. I do not think that seven days is enough. With more notice one could ask ones employer for the day off. I also think it is unreasonable to expect a resident to ask a friend or neighbour to sit around for up to 6 hours waiting for someone to carry out the inspection!
A similar matter happened to me (as an owner) when the strata manager wrote to advise that an inspection would be carried out in 7 days of the properties on my side of the complex for a “problem” that half of us did not have nor had complained of. I was not home on that day, did not have anyone who could be there and did not really feel comfortable asking a neighbour as, unlike the example above, no time was given for the inspection at all. With 10 units to be inspection, could have been a 10 hour wait for all I knew.
I believe that more notice is needed. We all have lives! So do our family, friends and neighbours. 7 days notice to sit around for the entire day is just not on. One gets 6 weeks of a wedding invitiation, 4 – 5 weeks notice for a big birthday bash, but only 7 days for a stranger to invade your home and poke around your things! Outrageous!
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