Question of the Month

I just moved into a sharehouse...

Question

I just moved into a sharehouse. There are 3 of us living here, but only 1 of us is on the lease ('Ryan'). The house is going great but we are having real trouble with our landlord - he has been coming around 2-3 times a week since I have moved in. He either turns up unannounced or calls a few hours beforehand. He's not coming to inspect the place - sometimes he just comes to give us a new appliance, other times just to make sure something is still there. When he comes over he doesn't ask us questions, he doesn't go into our bedrooms and doesn't hang around for too long.

However as his visits have become increasingly frequent and irritating I decided to talk to him about it. A few days ago when he and his son came around unannounced I refused to let them in and told them they needed to give us 24 hours' written notice. The landlord dismissed this, saying that was only needed for formal inspections and as he didn't want to inspect the place he could come around whenever he liked. I told him this was incorrect but he refused to continue the conversation and would only answer "it's my house, I can visit whenever I want" whenever I tried to do so. In the end I felt bad about making an old man stand outside in the cold so I let him in. Is he correct? Am I required to let him in?

What are our options?

Answer

As a tenant you have the right to ‘quiet enjoyment’ of your rental property under the Residential Tenancies Act 1997, and your landlord, or anyone acting on behalf of your landlord, such as a real estate agent or tradesperson, must respect this. As a result, there are restrictions on when your landlord can visit you, and under what circumstances.

For example, your landlord is required to give you either written notice, 24 hours before they visit, or inform you verbally seven days before they intend to come over.

Your landlord must also give you a reason for their visit, and reasons for visits are limited for example that he or she is having the property evaluated, or that they are conducting an inspection of the premises. However, it is important to remember that your landlord is not allowed to inspect the premises if they have done so within the last six months.

Your landlord must also tell you the time they intend to come over. Times are restricted to 8am – 6pm. Basically you need to reach an agreement with your landlord, about the inspection, that suits you both.

If your landlord has met with all these requirements, he or she has given you proper notice and you have a duty to let him or her enter the premises.

Your landlord must behave in a reasonable manner when they enter your home and leave as soon as they have finished what they came for. However, if your landlord has not followed the correct procedures, it is an offence for them to enter your premises.

You do not have to let them into your home and you may make a complaint against them.

Another option, if your landlord has been making frequent or harassing visits, is to apply to the Victorian Civil and Administrative Tribunal for a Restraining Order. This would prohibit or restrict the landlord from entering the premises or contacting you, and can be enforced by the police.

For more information you can contact Youthlaw on (03) 9611 2412 or the Tenants’ Union of Victoria on (03) 9416 2577.

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