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The Notice of Inspection form plays a crucial role for landlords and tenants alike. It provides a structured way for landlords to inform tenants of their intention to enter a rented property. This form must outline the date and time of entry, along with the specific reason for the visit, whether it’s for the inspection of the premises, garden maintenance, or another genuine purpose. Importantly, landlords must provide a notice period of no less than 7 days and no more than 14 days before entering. Additionally, the form gives tenants insight into their rights under the Residential Tenancies Act, which governs these entries. The proper use of this form ensures that both parties maintain a respectful and clear line of communication regarding property access. For tenants, understanding what this notice entails can help clarify their rights, while landlords benefit from having a standardized method to comply with the law.

Notice Of Inspection Example

NOTICE TO ENTER PREMISES, INCLUDING INSPECTION PURSUANT TO SECTION 72

To:

………

(insert name of tenant)

 

I hereby give you notice that I will enter the premises situated at:

 

.....................................................................................................................................................

.....................................................................................................................................................

(insert address of rented premises)

on: ……./……./……..

at:

...........……………………..

(insert date of entry)

 

(insert time of entry)

TICK APPROPRIATE BOX TO INDICATE THE REASON FOR ENTRY

To inspect the premises. NB: This notice must be no less than 7 and no more than 14 days written notice stating a period of up to 2 hours that the proposed entry will occur. If the premises are in a remote location or it is necessary for the landlord or agent to be accompanied by a person for the purposes of the inspection, the notice need not specify a two hour period.

To carry out garden maintenance. NB: This notice must be no less than 7 and no more than 14 days notice stating the time of the proposed entry.

For some other genuine purpose. NB: this notice must be no less than 7 and no more than 14 days notice stating the time of the proposed entry.

……………………………………………………………………………………………..……………

(insert genuine purpose for entering rented premises)

Signature of landlord/agent:

..............................................Date: ……/……/……

Address of landlord/agent:

.............................................................................…...…………..

 

.........................................................................…….………

Note: For complete details of a landlord/agent’s right of entry refer to Section 72 of the Residential Tenancies Act 1995 is printed overleaf.

This notice may be:

1.Personally handed to the tenant

2.Mailed to the tenant

3.Placed in the tenant’s letterbox

4.Faxed or emailed to the tenant

5.Other (please specify)

Page 1 of 2

RESIDENTIAL TENANCIES ACT 1995

72—Right of entry

(1)It is a term of a residential tenancy agreement that the landlord (or an agent of the landlord) may enter the premises—

(a)in an emergency; or

(b)to collect rent (if a reasonable alternative method of payment of rent not involving attendance at the premises has been offered to, but not accepted by, the tenant)—

(i)not more than once each week; and

(ii)only at a time previously arranged with the tenant (which may only be outside normal hours if the arrangement has been made no more than 7 days before the day of entry); or

(c)to inspect the premises—

(i)not more than once each 4 weeks; and

(ii)only in accordance with a written notice given to the tenant no less than 7 and no more than 14 days before the day of entry—

(A)stating the purpose of the proposed entry and the date of the proposed entry; and

(B)specifying a period of up to 2 hours (which must be within normal hours) within which the proposed entry will occur, (however, if the premises are in a remote location or it is necessary for the landlord or agent to be accompanied by a person for the purposes of the inspection, the notice need not specify a 2

hour period within which the proposed entry is to occur, but the entry must occur within normal hours); (ca) to inspect the premises in accordance with an order of the Tribunal under section 89A(4)(b); or

(d)to carry out garden maintenance, but only—

(i)at a time previously arranged with the tenant no more than 7 days before the day of entry; or

(ii) in accordance with a written notice given to the tenant no less than 7 and no more than 14 days before the day of entry stating the purpose of the proposed entry and the date and time (which must be within normal hours) of the proposed entry; or

(iii)at the request of the tenant; or

(e)to carry out necessary maintenance (other than garden maintenance) or repairs (other than in an emergency), but only at the request of the tenant, or at a time within normal hours of which the tenant has been given at least 48 hours notice; or

(f)to show the premises to prospective tenants—

(i)at the request of the tenant; or

(ii) during the period of 28 days preceding the termination of the tenancy agreement, but only on a reasonable number of occasions and only at a time within normal hours of which the tenant has been given reasonable notice; or

(g)to show the premises to prospective purchasers, on not more than 2 occasions in any 7 day period (unless the tenant has agreed otherwise), but only

(i)at a time previously arranged with the agreement of the tenant (who must not unreasonably refuse to agree to times when the premises are to be available for inspection by prospective purchasers); or

(ii)if agreement cannot be reached with the tenant—at a time within normal hours of which the tenant has been given reasonable notice; or

(h)if the landlord has given the tenant notice of a breach of the residential tenancy agreement under section 80—to determine whether the breach has been remedied, but only in accordance with a written notice in the prescribed form given to the tenant no less than 7 and no more than 14 days before the day of entry stating the purpose of the proposed entry and the date and time (which must be within normal hours) of the proposed entry; or

(i)for some other genuine purpose, but only—

(i)in accordance with a written notice given to the tenant no less than 7 and no more than 14 days before the day of entry and stating the purpose of the proposed entry and the date and time (which must be within normal hours) of the proposed entry; or

(ii)with the consent of the tenant; or

(j)if the landlord believes on reasonable grounds that the tenant has abandoned the premises.

(2)It is a term of a residential tenancy agreement that if the tenant has indicated to the landlord that he or she wishes to be present during the period when the landlord or landlord's agent is at the premises, the landlord (or an agent of the landlord) may not enter the premises

unless a reasonable effort has been made to arrange for the visit to occur at a time when it is convenient for the tenant to be present (having regard to the work and other commitments of both the tenant and the persons entering the premises).

(3)Subsection (2) does not apply to entry under subsection (1)(a), (h) or (j).

(4)It is a term of a residential tenancy agreement that neither the landlord nor an agent of the landlord may enter

the premises otherwise than in accordance with the preceding subsections.

(5)This section does not apply to a part of the premises that the tenant uses in common with the landlord or another tenant of the landlord.

(6)In this section— normal hours means the hours between 8am and 8pm on any day other than a Sunday or public holiday.

For further information contact Consumer and Business services on 131 882, or visit www.sa.gov.au/tenancy/renters

A&C 10/2017

5718

Page 2 of 2

Get Notice Of Inspection PDF Form

Form Characteristics

Fact Name Description
Purpose The Notice of Inspection is issued to inform the tenant about the landlord's intent to enter the rental premises for specific reasons, such as inspection or maintenance.
Notice Period The notice must be provided no less than 7 and no more than 14 days prior to the intended entry date.
Entry Duration Specification The notice should specify a period of up to 2 hours for entry, but this requirement can be waived under certain circumstances.
Governing Law This form is governed by Section 72 of the Residential Tenancies Act 1995.

Guidelines on Utilizing Notice Of Inspection

Completing the Notice of Inspection form requires careful attention to detail to ensure compliance with relevant guidelines. Following these steps will enable landlords or agents to provide the notice accurately and timely, fostering clear communication with tenants.

  1. Identify the Tenant: In the designated space, write the name of the tenant who will receive the notice.
  2. Specify the Address: Record the full address of the rented premises where the entry will take place.
  3. Set the Date and Time: Indicate the specific date and time of the proposed entry, making sure to leave enough notice (between 7 to 14 days) as required.
  4. Select Reason for Entry: Check the appropriate box to indicate the reason for entering the premises, ensuring to provide any additional information required for the chosen category.
  5. Explain Genuine Purpose: If the reason for entry is categorized as "some other genuine purpose," clearly state the purpose in the space provided.
  6. Signature: The landlord or agent must sign the notice in the designated area to validate it.
  7. Date the Form: Write the date on which the notice is being completed.
  8. Provide Contact Information: Fill in the address of the landlord or agent, ensuring it is current and complete.
  9. Choose Delivery Method: Document how the notice will be delivered to the tenant, selecting from the list provided (e.g., personal delivery, mail, email).

After filling out this form, it is essential to deliver it to the tenant as indicated. Following delivery, it is advisable to keep a copy for records, as this documentation may be important for future references or potential disputes.

What You Should Know About This Form

1. What is the Notice of Inspection form?

The Notice of Inspection form is a written notification that a landlord or their agent must provide to a tenant when they intend to enter the tenant's premises for inspections or maintenance. This notice ensures that tenants are informed in advance, respecting their right to privacy and giving them time to prepare for the visit.

2. How much notice is required before entry?

The landlord must give at least 7 days and no more than 14 days' written notice before entering the premises. This notice must clearly state the purpose of entry, the date, and the time. For inspections, a window of up to 2 hours should be specified, although this can be adjusted for remote locations or when additional persons are accompanying the landlord.

3. What can the landlord enter the property for?

The landlord may enter the property for various reasons, including inspections, garden maintenance, necessary repairs, showing the property to prospective tenants or purchasers, or to address a breach of the rental agreement. Each of these purposes has specific notice requirements to ensure transparency and fairness for tenants.

4. Can a tenant refuse entry if they disagree with the notice?

If a tenant wishes to be present during the inspection, they can communicate that to the landlord. In such cases, the landlord should make reasonable efforts to schedule the visit at a mutually convenient time. However, during emergencies or if the tenant has abandoned the property, different rules apply, allowing landlords to enter without prior notice.

5. What happens if a landlord fails to give proper notice?

If a landlord fails to provide the required notice, entering the premises could violate the tenant's rights. In such situations, tenants may choose to address the issue with the landlord directly or seek advice from tenant advocacy groups or legal professionals to understand their rights and available remedies.

6. Are there any exceptions to the notice requirement?

Yes, the notice requirement can be waived in emergencies, such as a fire or a severe leak. Additionally, if the tenant has abandoned the property, the landlord may enter without prior notice. However, each case must be evaluated carefully to ensure that the entry does not violate tenant rights.

7. How should the notice be delivered to the tenant?

The Notice of Inspection can be delivered to the tenant in several ways: personally, through mail, placed in the tenant's letterbox, faxed, or emailed. The method of delivery should ensure the tenant receives the notice in a timely manner, adhering to the timeframes established by law.

8. Can a landlord inspect the premises without a reason?

No, a landlord must always provide a valid reason for entry. The law stipulates that inspections can’t occur arbitrarily; they must be based on genuine needs, such as regular maintenance, safety checks, or final inspections when a tenancy is ending.

9. What if I have concerns about the inspection?

If you have concerns about the upcoming inspection, it’s advisable to address them directly with your landlord. Open communication can often resolve misunderstandings and lead to agreeable arrangements. If issues persist, consider seeking advice from legal resources or tenant rights organizations.

10. Where can I find more information regarding my rights as a tenant?

For additional information about tenant rights and responsibilities, you may reach out to local housing authorities or visit online resources provided by government agencies. These sources often have comprehensive guides that outline your rights related to inspections, maintenance requests, and overall tenant-landlord interactions.

Common mistakes

Filling out the Notice of Inspection form correctly is crucial for both tenants and landlords. One common mistake is failing to provide the correct notice period. The law requires that landlords give tenants a written notice between 7 and 14 days before entering the premises. If this period is not met, the notice is invalid, and the landlord risks violating tenant rights. It is essential to set clear timelines.

Another significant error involves incomplete information on the form. Landlords must include the specific address of the premises, the date and time of entry, and the purpose of the inspection. Leaving some of this information blank can lead to confusion and disputes. Clear, comprehensive details are necessary for maintaining proper communication and compliance.

Many people also forget to check the box that corresponds to the reason for entry. This is not merely a formality; it informs the tenant about the purpose of the landlord’s visit. Whether it’s for routine maintenance or an inspection, specifying the reason helps establish transparency and trust between parties.

A further common mistake is neglecting to sign and date the form. Without a signature and date, the notice lacks authenticity. This can lead to significant legal complications should a dispute arise. Always ensure the document is signed and dated to avoid any unnecessary issues.

Lastly, not delivering the notice properly is a frequent oversight. The notice can be personally handed to the tenant, mailed, placed in their letterbox, or sent electronically. Each method has its own considerations, and failing to deliver the notice in a compliant manner can result in legal ramifications. Make sure to choose the right delivery method and keep proof of delivery.

Documents used along the form

When landlords prepare to conduct inspections or enter rental properties, they often utilize various forms and documents alongside the Notice Of Inspection form. Each of these documents serves a specific purpose, ensuring clear communication and adherence to legal obligations. Here is a list of some commonly used forms related to this situation.

  • Tenant Acknowledgment Form: This document confirms that the tenant has received and understood the notice of inspection. It often includes spaces for the tenant to sign and date, providing a record of communication between the landlord and tenant.
  • Entry Report: After the inspection, landlords may complete an entry report detailing the condition of the property. This report can be useful for addressing any maintenance issues that were observed during the inspection or for documenting the state of the premises before new tenants move in.
  • Maintenance Request Form: This form is utilized by either the landlord or tenant to communicate specific needed repairs or maintenance tasks. Completing this form provides a structured way of ensuring that all requests are documented and tracked systematically.
  • Inspection Checklist: An inspection checklist outlines all aspects of the property that should be reviewed during the inspection. This tool can help landlords stay organized and ensure that nothing is overlooked during the assessment of the property’s condition.
  • Consent to Enter Form: When entering a tenant’s home for maintenance or inspections, this form can be used to obtain permission from the tenant. This form might be particularly useful if entry is required on short notice or if there are special circumstances surrounding the entry.
  • Notice to Remedy Breach: In situations where there are issues like unpaid rent or property damage, a Notice to Remedy Breach may be used. This document informs the tenant of the specific breach and provides them with a set period to address the issue, potentially before further legal actions are taken.

These forms and documents enhance the overall process of managing rental agreements and maintaining open lines of communication. By utilizing them, landlords can uphold their responsibilities while respecting the rights of their tenants. Having a clear understanding of these accompanying documents ensures that both parties remain informed and protected during the rental experience.

Similar forms

  • Notice to Vacate: Similar to the Notice of Inspection, this document serves as a formal communication to tenants about their need to vacate the premises. It also requires a specified time frame, ensuring that tenants have adequate notice, often between 30 to 60 days depending on local laws.
  • Repair Notice: This document informs tenants of required repairs that need to be carried out in the rental property. Like the Notice of Inspection, it specifies the time frame in which the repairs will take place and informs tenants of their rights regarding timing and entry.
  • Showing Notice: A landlord uses this document to notify tenants of scheduled showings of the property for prospective tenants or buyers. This notice is similar in that it details the date and time of entry, ensuring tenants are aware and can prepare accordingly.
  • Lease Renewal Notice: When a landlord wishes to extend a lease, this document outlines the terms of renewal and provides tenants with a timeline for agreement or negotiation. It shares similarities in formality and obligation to provide timely notice to tenants, fulfilling their right to be informed.

Dos and Don'ts

Here are some important things to remember when filling out the Notice Of Inspection form. Following these guidelines can help ensure everything is completed correctly.

  • Always provide the full name of the tenant receiving the notice.
  • Clearly write the complete address of the rented premises.
  • Insert the date and time of entry accurately.
  • Check the appropriate box indicating the reason for entry.
  • Make sure to give at least 7 days notice, but no more than 14 days.
  • Sign the form with your name as the landlord or agent.
  • Include your address in the specified area.
  • Ensure you know if you need to be accompanied for the inspection.
  • Consider how the notice will be delivered to the tenant.
  • Double-check for any spelling or grammatical errors before submitting.

Also, avoid these common mistakes:

  • Do not forget to include all required details.
  • Avoid submitting the notice without proper notice period.
  • Do not use vague or unclear language in the form.
  • Never list an entry purpose that is not genuine.
  • Do not ignore tenant requests to be present during entry.
  • Avoid entering the premises without the tenant's consent when required.
  • Do not write over any printed sections or guidelines on the form.
  • Never use informal methods for delivery, unless specified.
  • Do not assume the tenant will know about the entry.
  • Do not forget to keep a copy of the notice for your records.

Misconceptions

Misconceptions about the Notice of Inspection form can lead to confusion for tenants and landlords alike. Here are nine common misunderstandings:

  • Notifying the Tenant is Optional: Many believe that giving notice to the tenant is not necessary. In reality, landlords must provide written notice between 7 and 14 days prior to entry.
  • Entry Can be at Any Time: Some assume that landlords can enter at any time. However, the law requires that entries occur within normal hours, which are defined as 8 AM to 8 PM on weekdays, excluding Sundays and public holidays.
  • Only Inspections Require Notice: It is a common belief that only inspections require notification. In fact, any reason for entry, including maintenance or showing the property, also demands written notice.
  • Entry Cannot Be Denied: Tenants often think they cannot deny entry, but landlords must make a reasonable effort to accommodate the tenant's schedule if the tenant wishes to be present during the visit.
  • A Single Notice Covers All Future Visits: Some tenants believe a single notice is sufficient for all future entries. Instead, a new notice is required for each instance of entry, specifying the purpose and time.
  • Landlords Can Enter for Any Reason: Many think that landlords can enter for any reason without consequence. The law distinctly outlines acceptable reasons for entry and requires written justification for each.
  • Failure to Provide Notice Has No Consequences: Some assume that if a landlord fails to give proper notice, there will be no repercussions. In reality, landlords who do not comply with notice requirements may face legal challenges.
  • Emergency Entry is Unrestricted: The misconception persists that landlords can enter the premises in any emergency situation. However, this is only true for genuine emergencies; regular issues require notice.
  • Landlords Can Inspect as Often as They Want: Some tenants believe landlords can conduct inspections as frequently as desired. The law actually limits inspections to once every four weeks unless another arrangement is made.

Key takeaways

Here are four key takeaways about filling out and using the Notice Of Inspection form:

  • The notice must be delivered between 7 and 14 days prior to the intended entry date.
  • Clearly state the purpose for entering the premises to ensure compliance.
  • The notice should specify a time frame for entry, generally up to 2 hours, unless exceptions apply.
  • The landlord or their agent can deliver the notice in various ways, including mailing, faxing, or personal delivery.

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