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Anonymous
Asked a question last year

I’ve been told that I have to be outside for my house inspection since when is that a thing? Can I refuse ? I live in nsw

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Who has told you that you need to be outside?

  1. A Trades Person - You should follow the directions of any qualified trades person, as an expert their advice is worth heeding.
  2. NCAT - If you have received orders from NCAT stating you must give access on a certain day & time, if it explicitly stated you must not be inside the property, then I would adhere to the orders.
  3. Sale of Premises - If the house inspection is for someone to inspect the house because it is up for sale, you can follow the example found here53 & negotiate a rent reduction for the days of the inspection. You are best to allocate one day a week where you will have the premises tidy and presentable, and you can hand back possession of the property for the day. It's a reasonable request for a reduction of 1/7th of your weekly rent given a single day to inspect.

Other than the notes above, I cannot find any provisions of the RTA79 or regulations61 that would provide for a request for a tenant to remain outside the premises during the inspection.

You can find the relevant rules and obligations between landlord's and tenants when it comes to property inspections in [part 4 division 4] of the Residential Tenancy Act39

If you are ever in doubt call the department of fair trading, or your local community legal centre315.