12 Right of Entry
A lease is the grant of exclusive possession by the Department to the Tenant during the lease term, which enables the Tenant to exclude all others from the Premises, including the Department, for the term of the lease. The Department may enter the Premises on reasonable notice in writing to the Tenant, to inspect the Premises or to comply with any of the Department’s obligations under the Lease.
Subject to clause 12.5 the Host School, Department has the right to enter the Premises with no less than 24 hours written notice to the Tenant in the following circumstances:
- to carry out duties under the Agreement, or as required under any legislation
- to value the Premises
- to show prospective buyers through the Premises
- to show prospective Tenants through the Premises
- Note: this can only be done within 14 days of the termination date specified in a termination notice from either the Tenant regarding vacating the Premises
- to verify a reasonable belief that the Tenant has not met their duties as a Tenant
- to conduct a general inspection in any six-month period, but not within the first three months of the term, and
- the notice may be hand delivered, or emailed. If the notice is to be hand delivered, then it must only be delivered between 8am and 6pm and must not be delivered on public holidays
In exercising its rights to enter the Premises for the purpose(s) specified in the notice to the Tenant, the Host School, Department must use reasonable endeavours to exercise the rights at reasonable times and to minimise interference with the Tenant when doing so.
The Tenant must provide the Department or Host School with access to the Premises in accordance with the notice served. The Department or Host School is allowed to enter the Premises if the Tenant is not home, provided that such information was included in the notice to the Tenant, and that the requirements regarding written notices outlined above have been met.
In the event of an emergency, as determined by the Department in its absolute discretion, the Department may enter the Premises at any time to take action the Department considers necessary to minimise risk or harm to the Tenant or other persons, or to minimise damage to the Premises or any property adjoining or surrounding the Premises.
Reviewed 01 June 2020