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WA’s consumer protection commissioner wants tenants, landlords and property managers to be aware that surprise inspections are against the law.
“Everyone has the right to privacy in their own homes, and those living in rental properties across Western Australia are certainly no exception,” Patricia Blake penned in a recent blog post for the state’s consumer protection site.
Ms Blake reported that the state sees a large volume of contact from tenants who have had private landlords and property managers arrive unannounced for inspections, maintenance and rent collection.
“In the past two years, our team has fielded 177 enquiries and 36 complaints from tenants on this front,” she noted.
The consumer protection chief took the opportunity to refresh all parties about the rules allowing property managers and landlords to access a tenanted residence.
“Tenancy laws in WA have strict procedures around when landlords and agents can access the property for reasons such as collecting rent, in the case of an emergency (like for urgent repairs), or for routine inspections,” she said.
WA allows for a maximum of four routine inspections per year, regardless of the landlord’s proximity to the property.
“In between inspections, tenants are entitled to privacy and the quiet enjoyment of their rental home. This means landlords and property agents should not be keeping tabs on them through other means, like using surveillance cameras or driving by the property,” Ms Blake said.
Tenants must be given seven to 14 days’ notice prior to an inspection and be provided with a notification that sets out the mutually agreed day and time.
The commissioner commented that if this process is not carried out correctly, tenants are well within their rights to refuse entry.
“Tenants should state clearly that unannounced visits will not be tolerated and insist the proper process be carried out next time. There is a formal notice that tenants can issue to the owner or agent, stating a breach of the tenancy agreement has occurred as a result of the unannounced visit,” she said.
However she also noted that tenants should not unreasonably withhold permission for access to the property when proper notice has been provided, as this could put them in breach of their lease and create a risk of eviction.
Additionally, she urged all parties to remember that an inspection is to check for damage or issues that could cause damage. A tenant is not obligated to present the property in the same condition as when they moved in.
ABOUT THE AUTHOR
Juliet Helmke
Based in Sydney, Juliet Helmke has a broad range of reporting and editorial experience across the areas of business, technology, entertainment and the arts. She was formerly Senior Editor at The New York Observer.
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