Accessing tenanted properties: Real estate industry bulletin issue 187
4 December 2018
Forms required for accessing a tenanted property
Agents and property managers must use specific forms to notify tenants of their intention to enter the property.
If you use property management software to make arrangements with tenants and issue notices, check the software is set up with the correct forms and information.
Form 19 Notice of proposed entry to premises must be used to give written notice if you intend to enter the premises for one of the following reasons:
- to conduct a routine inspection;
- to inspect or carry out necessary repairs or maintenance;
- to show the premises to prospective tenants or buyers; and
- any other purposes not covered by the other specified access categories.
Form 19 identifies the required periods of notice for each type of access.
Consumer Protection is aware that some agencies may not be using Form 19 as required by the Residential Tenancies Act 1987. This means some tenants may not be provided the important information about their rights that appears in the approved form.
You do not need to negotiate the proposed time and date with the tenant before providing the notice. However, if the tenant advises the proposed time and date is inconvenient, you must make a reasonable effort to negotiate a more suitable time and date.
Form 12 Notice to tenant of abandonment of premises must be used if you have reasonable grounds to suspect a tenant has abandoned the premises and would like to enter the property to secure it. You must deliver the notice by leaving copies at the property and the tenant’s last known place of employment.
Read more about abandoned rental properties and goods.
If you correctly issued either of these notices and the tenant does not raise any concern with the proposed entry, it would be reasonable for you to proceed with the access under the terms of the notice.
There are a few cases in which written notice is not required. These are:
- in case of emergency;
- to collect rent if the tenancy agreement specifies rent will collected in person; or
- if the tenant gives consent at or immediately before time of entry.
Visit our Renting a home section of the website for more information.
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