Entry notice (Form 9)

Section 192 of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) lists the only grounds on which a lessor or agent may enter rented premises. For most of them, section 193 requires an entry notice in the approved form (Form 9) given in advance: at least 7 days for a routine inspection, and at least 48 hours for other grounds such as repairs, showing the property to buyers or tenants, or a valuation. Sections 195 to 199 control when entry can happen, how often, and who may enter. Together these are the 'rules of entry' (s 200), and entering in breach of them is an offence (s 202).

When you need it

• Routine inspection of the property (7 days' notice), no more than once every 3 months unless the tenant agrees (ss 193(1)(c)(i), 195(3)).
• Routine repairs or maintenance, or inspecting completed repairs within 14 days after they are finished (48 hours' notice).
• Smoke alarm work under the Fire Services Act 1990 or approved safety switch work under the Electrical Safety Act 2002 (48 hours).
• Showing the property to a prospective buyer or tenant, a valuation, suspected abandonment, or checking within 14 days after a Notice to remedy breach expires that a significant breach has been fixed (48 hours).
• No entry notice is needed for an emergency, to protect the premises from imminent or further damage, or where the tenant agrees to a time (ss 192(1)(j)-(l), 193(2)).

1. 1

   Tenant and property

   Enter the tenants' names and address, and the rental property address if different.

2. 2

   Item 2: who is issuing the notice

   Tick property owner, property manager, or other authorised person (secondary agent, such as a selling agent or nominated repairer) and give the name and phone number.

3. 3

   Item 3: everyone who will enter

   List the name and phone number of each person entering, such as a tradesperson. Another person may only come in if needed for the purpose of the entry (s 194).

4. 4

   Items 4 and 5: date issued and ground

   Enter the day, date and method of issue, then tick the ground. The ground sets the notice period: 7 days for an inspection (48 hours for a short tenancy moveable dwelling), 48 hours for the others.

5. 5

   Item 6: entry day and time

   Give the day and date and either the time or a period of up to 2 hours within which entry will start. The 2-hour window is required where only the owner or property manager enters without another person (s 196). Entry must be at a reasonable time and not on a Sunday or public holiday, or before 8am or after 6pm, unless the tenant agrees (s 195(1)).

6. 6

   Item 7: sign

   The person issuing the notice prints their name, signs and dates it. Give the notice to the tenant and keep a copy; it is not sent to the RTA.

• Give the notice to the tenant in a way the tenancy agreement allows. Count the 7 days without the day of service; 48 hours runs from the time the notice is served in person or by agreed email, or from when the post arrives.
• Where the property is being sold, the selling agent (secondary agent) gives the entry notice, and a copy must go to the renting agent. Before the first entry to show buyers, the tenant must also be given a Notice of lessor's intention to sell premises (Form 10) (s 198).
• A secondary agent must show written evidence of their appointment if the tenant asks, before entering for most grounds (s 199).
• After a Notice to leave (Form 12) or Notice of intention to leave (Form 13) is given, entry is limited to twice in any 7-day period, apart from smoke alarm, safety switch, agreed, emergency or damage-prevention entries (s 195A).

• Entry to show the property to prospective tenants is only allowed once a notice to leave or notice of intention to leave has been given (s 197), and prospective buyers or tenants must be accompanied unless the tenant agrees (ss 197(2), 198(3)).
• Open houses and on-site auctions need the tenant's written consent (s 204), and photos showing the tenant's belongings cannot be used in advertising without written consent (s 203).
• If there is a dispute about entry, either party can seek RTA dispute resolution, and QCAT can change the rules of entry (s 201).