Minimum notice periods for access to rental property

Tenants have the right to reasonable peace, comfort and privacy when renting. However, there are times when a landlord, agent or authorised person can enter the property without the tenant’s consent even if the tenant is not home, provided that the provided that a valid reason and required notice have been given.

Notice is not required:

• in an emergency
• to carry out urgent repairs
• if the property is abandoned
• if the Tribunal so orders, or
• if the tenant otherwise agrees.

How to count days for a notice period

Days in the notice period are calendar days, not working days - except for smoke alarms, where the notice period is 2 business days.

All days of the week are counted, including weekends and public holidays.

The day on which the notice is served is not counted.

Example 1

If a tenant emails or hand delivers a 21-day termination notice on 1 February, the 21 days are counted starting from 2 February.

The 21st day is 22 February. If notice is sent by post, an extra 7 working days has to be added to the notice period. Weekends, public holidays and bank holidays are not counted in the 7 days.

Example 2

If a landlord posts a 14-day termination notice on Friday 1 February, the 7 working days for postage starts on Monday 4 February.

The notice is considered to have been served on Tuesday 12 February.

The first day of the 14-day notice period starts on Wednesday 13 and ends on Tuesday 26 February.

List of minimum notice periods

The list below shows the reasons and the minimum notice required for entry to a property without the tenant’s consent.

These do not apply to any part of the property where the tenant does not have the right of exclusive occupation that excludes the landlord (e.g. a laundry or kitchen shared with the landlord).

For emergencies or abandoned premises

In an emergency

No notice required.

If the landlord or agent has tried and been unable to get entry with consent, and has reasonable cause for serious concern about the health and safety of the tenant or other occupants

No notice required

If the landlord reasonably believes the tenant has abandoned the property

No notice required.

For inspections and repairs

To inspect the property

At least 7 days' written notice each time (up to 4 times in a 12 month period)

To carry out or assess the need for necessary repairs or maintenance

At least 2 days notice each time.

Urgent repairs, including fixing a burst water pipe, a gas leak or a blocked toilet.

No notice required. Learn more about getting urgent repairs done.

To comply with health and safety obligations

At least 2 days notice each time.

Health and safety obligations include inspecting swimming/spa pool fencing

Learn more about health and safety in a rental property.

To inspect or assess the need to repair or replace a smoke alarm

At least 2 business days notice.

To repair or replace a smoke alarm

At least 1 hour notice.

More information about smoke alarms.

For property management and marketing

To get a property valuation

At least 7 days notice each time (once in a 12 month period).

To take photos or videos to advertise a property for sale or rent

Reasonable notice, and reasonable opportunity must be given for the tenant to move any belongings that can reasonably be moved out of the picture frame/video scope (only once in a 28 day period before marketing starts or the agreement ends).  Note: A landlord or agent must not publish photos or videos of the inside of the premises which show the tenant's belongings without first obtaining the tenant's written consent.

Learn more about privacy for tenants.

To show property to a prospective tenant

Reasonable notice each time and only in the last 14 days before the tenancy is due to end.

To show property to prospective buyers

14 days’ written notice before the first inspection. After the first inspection, the tenant can agree on a suitable time frame but is not obliged to agree to more than 2 inspections per week with 48 hours notice each time.