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  • #8357
    watchman
    Flatchatter

      While I was moving into my new rented flat, the agent sent me an email to my work computer at 3PM advising me that he was carrying an annual fire inspection at 7am the next day. I did not open the email until the next morning when I was back at work. How much notice should he give and is he breaching the lease and is there anything that can be done to stop him entering the flat on some pretext or other without giving proper notice.

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    • #16382
      Jimmy-T
      Keymaster

        @watchman said:
        While I was moving into my new rented flat, the agent sent me an email to my work computer at 3PM advising me that he was carrying an annual fire inspection at 7am the next day. I did not open the email until the next morning when I was back at work. How much notice should he give and is he breaching the lease and is there anything that can be done to stop him entering the flat on some pretext or other without giving proper notice.

        The landlord is allowed to enter the premises as and when required to fulfill their legal obligations for health and safety checks (Like fire checks) but they still have to give you two clear days notice each time they plan to do so.

        Have a look at the TenantsNSW fact sheet on tenants’ privacy HERE.

        That web page also has a link to a strongly worded letter you can download, adapt and send that outlines how they have breached the Tenancy Act (and the terms of your lease) and warns that any repetition will lead to you talking them to the CTTT for compensation.

        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.
        #16394
        excathedra
        Flatchatter

          At first glance it seems high-handed.  However, at my block, these checks are done early (to catch most people before they leave for work) and are notified well in advance.  Some still don’t take notice and the policy is that if you miss out two years running, you pay for the callback.  Getting fined for failure to submit the annual return to the Council is not acceptable!  Could it be that Watchman was unfortunate enough to be moving in on the day of the long-scheduled inspection?  Even so, I would agree that communication should have been better.

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