VIC Can I inspect a property I've just bought after giving 24 hours notice?

Can I inspect a property I've just settled on after giving 24 hours notice? Can I do that even if the tenant hasn't responded to a request by the PM for an inspection? I'm in Melbourne for a few weeks and would like to inspect the property while I'm here

 

I think “reasonable notice” these days is defined as 48 hours. How did your PM request your inspection?
Post for example is assumed as 4 day delivery time which would mean 6 days to give notice.

 

Hi Alan I'm not sure how the PM gave the tenant notice but does it matter? Regardless of how the notice was given, can I still enter with the PM once 'reasonable notice' has been given, even if the tenant hasn't replied ? I'm just wondering if this new PM is being slack or he's abiding by the law

 

Paging @Lil Skater
She's my property manager and should know the answer to this

 

Howdy, technical time is 24 hours' notice - if the tenant has agreed to electronic communications then that actually means 24 hours', if they have not an you're relying on post to serve it then it is 7 days.

A lot of PM's don't like to serve notices of entry, but beyond that a significant number are refusing to go into properties at all at the moment.

Ordinarily I'd say give a few extra days notice, but given the current state of affairs we could be in lockdown in a matter of days. So I'd serve it, hope the tenant replies - but if they don't and the notice has been served correctly, then yes, you are able to access the property.

 

Thank you Sam , to be safe I'll ask the PM to give written notice and then enter the property after 8 days if the tenant hasn't replied.

 

You may not visit the property at the moment.

Under the "stay at home" law, visiting an investment property is not a legitimate reason to leave the house. The tenant can prevent your entry (as visitors are not permitted in the home) and call the police on you for violating the "stay at home" law (they are encouraging people to dob people in for flaunting it) and you risk a $1100 fine (on the spot or up to $20,000 if court-imposed).

Department of Health and Human Services Victoria | 'Stay at home' and 'Restricted activities' directions - frequently asked questions

There is also legislation for a pause on periodic house inspections and maintenance repairs unless in an emergency, currently in parliament.

 

Interestingly the information we received from our RE body and CAV said we CAN enter a home and doesn't exclude tenanted homes for other inspections, just limits on open for inspections.

We haven't been going into tenanted homes now for over a week, and it's pretty clear from the link you posted that this was the right call even before Victoria moved into stage 3. It still says we can enter for work purposes though, which a PM would fall into - but owner perhaps not.

It's frustrating though as the information isn't a one size fits all approach. You can still visit your partner in their home even if you don't live with them, but you can't see your best friend?

Sorry OP, will need to now check this with REIV/CAV as their information may be contradictory to DHHS.

 

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"CAV has provided some further clarity regarding property inspections.
You must not enter any single undivided indoor space, unless:
- no other person is in that space, or
- only one other person is in that space i.e. 1 agent and 1 other "

So if someone is currently occupying the house, the CAV says no.

 

If no one is home, it's not a breach if it's an agent and the owner or prospective tenant. If a single tenant is home and the agent is to go into the property it appears to still be allowable.

In both cases there's not more than two people in the same space. Nothing about tenanted properties.

But then DHHS says no visitors - which is contradictory.

 

Yep but I'm guessing if the tenant doesn't want you in and calls the police, they would enforce the DHHS no visitors rule.

You could go over and knock and tell him you provided notices, but if the tenant still says no the law at this point is on his side.

But if he isn't alone, the CAV rule doesn't allow you entry either.

 

Yes, I agree.

The information is a direct contradiction and this needs to be corrected by the industry bodies to ensure they're abiding by and providing the correct information to all. There needs to be absolutely no ambiguity not only to ensure people aren't fined for something that isn't clear, but to ensure that they're abiding by the legislation and helping to prevent further spread of this thing. Now that I know this is something I'll be sending through to be addressed.

 

I spoke to the PM today and he's arranged an inspection for next week. Just him and I will be entering the property with the agent's keys. I got the impression the tenant won't be home when we visit.

 

According to Yardney

Q: Can my property manager and prospective tenants still physically inspect my property?


A: Yes they can, but public open for inspections are banned, meaning prospective tenants must arrange private inspections and only two people are allowed inside a property at a time.

Property managers can still inspect your property to conduct their regular “routine inspections”, but they will generally ask for the tenant not to be present and will take special precautions such as wearing gloves, minimising contact with any surface and sanitising anything they must touch, like door handles.

As always, landlords must give tenants 24 hours’ written notice of entry, stating the reason for entry.

 

Yes they can "ask" for the tenant not to be present, but if the tenant says no they cannot force tenant to leave the house, therefore, have the inspection.

Landlords do not have the right to order the tenant to leave the house (except in an emergency/declaring the property unhabitable).

Tenants can rely on the lockdown laws, as "leaving the house because the realo wants to have a look" is not a valid reason, nor are they permitted visitors should they remain.

 

BTW. Many real estate agents have suspended routine inspections.

ie, From Monday 23 March, we are temporarily suspending routine property inspections. Instead, we will be conducting virtual inspections via phone.

COVID-19 News Update - AHA (Long-Term Housing) - Haven; Home, Safe.

How to lease during COVID-19 | Belle Property - Belle Property Aust...

 

I think 99% of tenants would agree to allow access if they were asked. It's not hard to be polite and reasonable when you have a relationship with someone who is providing a roof over your head

 

They don't have a relationship with you though. They had a relationship with the previous landlord.

You are just inheriting the legal relationship they had with them.

 

They now have a relationship with me since settlement date and I became the new owner and their landlord.

 

They don't need any points. They can walk out of your place now and get another place $100/week cheaper or decide they don't want to pay you for the next 6 months.

Everything is on the tenant's side at the moment. I wouldn't go rocking the boat.