Reprinted with the permission of the Residential Tenancies Authority

The legislation requires that individual circumstances be considered to determine what a reasonable number of inspections by agents with prospective buyers. It cannot be said, for example, that no more than two inspections each week should be allowed, as if this were the case then the legislation should clearly say so. Once again all industry stakeholders should look at this matter to see if some firm guidelines can be established. When considering what is reasonable, the circumstances of both the lessor and tenant must be looked at. Two examples of this would be where a tenant was a shift worker and slept during the day or where entry was required at a time when a tenant was attending to school children either prior to or immediately after school hours. There is no requirement that the tenant be present at the inspection or that the tenant be excluded, however, if the tenant is absent and some of the tenant's property is ‘removed' from the premises, the lessor could be held liable. In a few cases before the tribunal, the lessor has been required to pay the tenant compensation for loss of amenities where the tribunal found that although undertaken in accordance with the legislation, the frequency of and number of entries clearly caused the tenant inconvenience over and above what would be considered a normal consequence from such inspections. The tribunal has received a number of applications to have rules of entry determined in respect of open houses. Some matters that would be pertinent as to what is reasonable are:
• An Entry Notice (Form 9) should be given for each inspection. No blanket notices should be given.
• Where possible inspections should be made in tenant's presence.
• The tenant should have premises in presentable condition and not interfere with the inspection or make comments in respect of the premises or concerning the agents or lessor.
• Entry should be made during daylight hours with consideration for the lifestyle of the tenants.
• The lessor/agent should keep a record of all persons entering the premises including name and address and means of identification (e.g. drivers licence).
By Bill Randall, Magistrate and Referee, Small Claims Tribunal.