192 Grounds for entry
(1) The lessor or lessor’s agent may enter the premises only—
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Part 3 Lessor’s right of entry
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(a) to inspect the premises; or
(b) to make routine repairs to, or carry out maintenance of,
the premises; or
(c) if repairs or maintenance have been made or carried out
under paragraph (b)—within 14 days after the
completion of the repairs or maintenance, to inspect the
repairs or maintenance; or
(d) to comply with the Fire and Rescue Service Act 1990 in
relation to smoke alarms; or
(e) to comply with the Electrical Safety Act 2002 in relation
to approved safety switches; or
(f) to show the premises to a prospective buyer or tenant; or
(g) to allow a valuation of the premises to be carried out; or
(h) if the lessor or agent believes, on reasonable grounds,
the premises have been abandoned; or
(i) if the lessor or agent has given the tenant a notice to
remedy a breach of the agreement that is a significant
breach—within 14 days after the end of the allowed
remedy period, to inspect to ascertain whether the tenant
has remedied the breach; or
(j) if the tenant agrees; or
(k) in an emergency; or
(l) if the lessor or agent believes on reasonable grounds that
the entry is necessary to protect the premises or
inclusions from imminent or further damage.
Example of entry in an emergency under paragraph (k)—
to make emergency repairs to the roof of the premises
(2) In this section—
significant breach, for a notice to remedy breach, means a
breach relating to any of the following—
(a) using the premises for an illegal purpose;
[s 193]
Residential Tenancies and Rooming Accommodation Act 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 3 Lessor’s right of entry
2008 Act No. 73 Page 131
(b) the number of occupants allowed to reside in the
premises;
(c) keeping a pet on the premises;
(d) another matter, if the reasonable cost of rectifying the
matter exceeds 1 week’s rent for the premises.
193 Notice of entry
(1) The lessor or lessor’s agent may enter the premises under
section 192(1)(a) to (i) only if—
(a) the lessor or agent has given notice of the proposed
entry (the entry notice) to the tenant; and
(b) the entry notice is in the approved form; and
(c) the entry notice is given—
(i) for an entry under section 192(1)(a) if the tenancy
is not a short tenancy (moveable dwelling)—at
least 7 days before entering the premises; or
(ii) for another entry—at least 24 hours before entering
the premises.
Example for another entry under paragraph (c)(ii)—
If the lessor or agent hands the tenant an entry notice at 2.30p.m.
on a Tuesday, the lessor or agent may enter from 2.30p.m. on the
Wednesday.
(2) An entry under section 192(1)(k) or (l) may be made without
giving the tenant notice of the proposed entry.
(3) Despite subsection (1), the lessor or agent may enter the
premises under section 192(1)(b), (d) or (e) without giving the
entry notice if it is not practicable to give the notice because
of—
(a) the remoteness of the premises; and
(b) the shortage in the general area of the premises of a
suitably qualified tradesperson or other person needed to
make the repairs or carry out the maintenance.
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Chapter 3 Rights and obligations of parties for residential tenancies
Part 3 Lessor’s right of entry
Page 132 2008 Act No. 73
(4) Also, despite subsection (1), for premises that are a site only,
or a site and a caravan, or a site and a manufactured home, in a
moveable dwelling park, the lessor or agent may enter the site
under section 192(1)(b) to carry out maintenance of the site
without giving the entry notice if—
(a) the agreement states—
(i) the frequency with which the entry is required for
carrying out the maintenance; and
(ii) the conditions under which the entry may be made;
and
(b) the entry is made under the agreement.
