Entry by grantor to occupancy premises
71EJ Entry by grantor to occupancy premises
The grantor must ensure an occupancy agreement for premises states—
under what circumstances the grantor may enter the premises; and
for each circumstance—the kind of notice, and period of notice, that the grantor must give the occupant—
before entering the premises; or
if it is not practicable to give prior notice, after entering the premises.
Examples—not practicable to give prior notice
1 the grantor has reasonable concerns about an imminent risk to the welfare of the occupant or another person
2 the grantor has reasonable concerns about an imminent risk of property damage and the occupant cannot be contacted
For subsection (1) (b), the kind of notice, and period of notice, must be reasonable and proportionate to the outcome sought by the grantor entering the premises.
Examples
1 The owner of a boarding house states in the occupancy agreement that the occupant’s room will be cleaned every Monday morning.
2 The operator of a residential park states in the occupancy agreement for a manufactured home provided by the operator that the operator will give 7 days’ notice for routine maintenance.
3 A student accommodation provider states in an occupancy agreement that if the student welfare officer has reasonable concerns about the welfare of an occupant, the officer may give notice by knocking 3 times on the occupant’s door and, if there is no answer, may enter the room to check on the occupant’s welfare. If the occupant is not in the room, the agreement states the officer will leave a written note telling the occupant when and why the officer entered the room and the officer’s contact details.
A grantor may enter the premises if—
the occupancy agreement allows the grantor to do so; and
unless it is not practicable to do so—the grantor has given notice in accordance with the agreement.
This Act’s bill:Explanatory statement
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