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Member Helpline Q&A
Fortunately for landlords, the Residential Tenancies Act 2010 provides more clarity on how and when a landlord can access premises in these circumstances.
Section 53 of the Act requires a landlord to give a tenant 14 days written notice before the premises are first made available for inspection by prospective purchasers.
A landlord or the agent of the landlord for the sale of the premises must then make all reasonable efforts to agree with the tenant as to the days and times when the premises are to be periodically available for inspection by prospective purchasers.
A tenant must not unreasonably refuse to agree to days and times when the premises are available for inspection. A tenant is not required to agree to premises being available for inspection by prospective purchasers more than twice a week.
If however, the landlord and tenant fail to agree under this section, a landlord, under section 55 of the Act, may enter the premises without the consent of the tenant if the tenant is given not less than 48 hours’ notice each time. Again, access in these circumstances is still limited to not more than twice in any period of a week.
While the legislation provides clear boundaries, we recommend caution when accessing premises without consent and if in any doubt an application can be lodged with the Tribunal seeking an order allowing entry.
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