Cut and paste the template letter below or download a copy from the links above. Remember to substitute your details for the details contained in [square brackets].

[Date]

[Your name]
[Your address]

[Lessor’s name]

[Lessor’s address]
Dear [lessor’s name]

Re: Breach of access for the property at [your address]

On [#] occasions in the past [week/ month/ year] you have visited my premises without notice [and with no legitimate ground to do so] [Delete if not applicable]. On [#] of these occasions you entered my premises when I was not there. [Delete if not applicable]. A lessor is only permitted to enter the premises in accordance with the Residential Tenancies Act 1997 (the Act), the tenancy agreement or with the tenant’s consent.

[For routine inspections]  [Delete section if not applicable].

As per clause 77 of the Standard Tenancy Terms, the lessor is only permitted to inspect the premises twice in a period of 12 months, in addition to the inspection at the commencement and termination of the tenancy. Any additional inspections, unless agreed to by me, are a breach of the tenancy agreement. For any future routine inspections I ask that you give me 1 week’s notice in writing in accordance with clause 79(1) and arrange a mutually agreed time for the inspection.

[Access for making or inspecting repairs]  [Delete section if not applicable].

The lessor must give 1 week’s notice to enter the premises for the purpose of making or inspecting repairs under clause 82(1) of the Standard Tenancy Terms. This must be at a reasonable time having regard to the interests of both the tenant and lessor. I remind you that under clause 76 the lessor cannot have access to the premises on Sundays, public holidays or before 8am and after 6pm. If there are genuine repairs to be made/inspected, I ask that you first contact me to agree a mutually convenient time.

By continuing to access my premises you are interfering with my reasonable peace, comfort and privacy contrary to clause 52 and this is a breach of the tenancy. For the record I formally advise you that there is to be no access to my premises unless specifically agreed by me. Should you visit my premises without permission again, I will make an application to the ACT Civil and Administrative Tribunal seeking an order to stop you entering the premises as well as an order for appropriate compensation.

Yours sincerely,
 
[Your signature]
 
[Your name]

IMPORTANT NOTE:

Tenants’ Union ACT publishes this website as a free service to the public.

This website provides information about the law designed to help users understand their legal rights and obligations. However legal information is not the same as legal advice (the application of law to an individual's specific circumstances). Although we make all efforts to ensure our information is accurate and useful, we recommend you consult the Tenants Advice Service for advice specific to your circumstances. You are also free to consult an independent solicitor for a second opinion.

Please note that this website is NOT intended to be used as a substitute for specific legal advice or opinions and the transmission of this information is NOT intended to create a solicitor-client relationship between the Tenants’ Union ACT and members of the public.

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