Div 9Park owner's right of entry

Division 9—Park owner's right of entry 40—Residential park tenancy agreement—right of entry It is a term of a residential park tenancy agreement that the park owner may enter the rented property if (and only if)— (a) the entry is made in an emergency (including in order to carry out urgent repairs or avert danger to life or valuable property); or (b) the entry is made at a time previously arranged with the resident (but not more frequently than once every week) for the purpose of collecting the rent; or (c) in a case where the resident is required under Division 10 to pay charges based on the level of the water, electricity or gas consumption at the rented property, for the purpose of reading the relevant meter; or (d) the entry is made at a time previously arranged with the resident (but not more frequently than once every 3 months) for the purpose of inspecting the rented property; or (e) the entry is made for the purpose of carrying out necessary repairs or maintenance at a reasonable time of which the resident has been given at least 48 hours written notice; or (ea) the entry is made for the purpose of carrying out the requirements of a housing assessment order or housing improvement order at a reasonable time of which the resident has been given at least 48 hours notice; or (f) the entry is made for the purpose of showing the rented property to prospective residents, at a reasonable time and on a reasonable number of occasions during the period of 14 days preceding the termination of the agreement, after giving reasonable notice to the resident; or (g) the entry is made for the purpose of showing the rented property to prospective purchasers, at a reasonable time and on a reasonable number of occasions, after giving the resident reasonable notice; or (h) the entry is made for a purpose not referred to in a preceding paragraph and the park owner gives the resident written notice stating the purpose and specifying the date and time of the proposed entry not less than 7 and not more than 14 days before entering the rented property; or (i) the entry is made with the consent of the resident given at, or immediately before, the time of entry; or (j) the park owner believes on reasonable grounds that the resident has abandoned the rented property. 41—Residential park site agreement—right of entry It is a term of a residential park site agreement that the park owner may enter the rented property if (and only if)— (a) the entry is made in order to avert danger to life or valuable property; or (b) in a case where the resident is required under Division 10 to pay charges based on the level of the water, electricity or gas consumption at the rented property, for the purpose of reading the relevant meter; or (c) the entry is made, at a reasonable time and on a reasonable number of occasions, for the purpose of ensuring compliance by the park owner with statutory requirements relating to separation distances between structures on neighbouring sites and removal of hazardous materials; or (d) the entry is made, at a reasonable time and on a reasonable number of occasions, for the purpose of lawn or grounds maintenance in a case where the resident agreed to such an arrangement when entering into the residential park site agreement; or (e) the entry is made with the consent of the resident given at, or immediately before, the time of entry; or (f) the entry is made in accordance with the regulations. 42—Manner of exercise of right of entry It is a term of a residential park agreement that a park owner exercising a right of entry under this Division— (a) must not act in an unreasonably intrusive manner on the rented property; and (b) without limiting the effect of paragraph (a), must not, without the resident's consent— (i) enter a part of the rented property to which entry is not reasonably required for the purpose for which the right of entry is being exercised; or (ii) remain on the rented property longer than is reasonably necessary for the purpose for which the right of entry is being exercised.