Do I have to give access when a rental provider asks for access to my home?

Both your rental provider (landlord) and/or agent are allowed to access the property you live in – but only under certain circumstances.

You have a right to privacy and quiet enjoyment of the property. So, the rental provider can only enter if they have a valid reason to enter, and if they’ve given you appropriate notice.

Unless it’s an emergency - yes!

Your rental provider or agent must tell you why they want to enter by written notice before they enter your home.

If they ask you verbally for permission to come in, you’re allowed to say ‘no’ and request that they ask through writing (for example: over text, email or letter).

‘Entering the property’ includes outside areas, such as gardens.

Normally, once they’ve provided written notice, they can only enter your property between 8am to 6pm (on any day of the week except public holidays).

If they require access beyond this, they have to ask for your permission first –  unless there’s an emergency.

Depending on why the landlord or agent want to enter your home, they have to provide you with a minimum number of days’ notice. See below for details relating to each reason.

If they follow these rules, they can enter with or without you being home.

You can refuse access to your rental provider, or their agent, if one (or more) of the following reasons apply:

1. They have not given you written notice.
2. They have not given proper notice (for example, you weren’t told far enough in advance).
3. They visit before 8am, or after 6pm (without your permission).
4. It’s a public holiday.
5. They are asking for more than one general inspection within 6 months.
6. They’ve given you a notice to vacate, and want to show the property to other renters, but it’s more than 21 days to the end of your rental agreement.

If none of those reasons apply, you must let the rental provider or agent enter your property.

General inspection

• Valid reason: To check your home is in good condition
• Notice required: At least 7 days’ notice
• First inspection can only take place after the first 3 months of the rental agreement
• There can only be 1 general inspection every 6 months

Repairs or other legal responsibilities

• Valid reason: 
  • To fix something in the property
  • To do something the law says the rental provider must do
• Notice required: At least 24 hours’ notice

Checking if you’ve damaged the property

• Valid reason: To inspect the property, only if they reasonably believe you’ve damaged the property
• Notice required: At least 24 hours’ notice

Showing the property to lenders or buyers

• Valid reason: To show your home to someone who wants to buy it, or to a bank or other lending party to lend the owner money based on the property’s value
• Notice required:
  • The first showing can only take place 14 days after the rental provider has told you they intend to sell the property, and have sent you an official form titled “Notice of Intention to sell.”
  • After the 14 days from you receiving the ‘Notice of intention to sell’, the rental provider needs to give you at least 48 hours’ notice before each showing.
• You must be compensated for each inspection
  • this means getting paid the higher amount of half a day’s rent, or $30
• The rental provider also cannot make you leave during these times
• There can’t be more than 2 open inspections in one week
• Each inspection can’t be longer than one hour
• If you’re affected by family violence (a ‘protected person’ under an intervention order): you can request inspections by appointment, rather than open inspections.

Showing the property to potential renters

• Valid reason: Show your home to someone who wants to rent it in the future, only if:
  • you’ve given the rental provider notice that you’re vacating, or if you’ve been given a notice to vacate; and
  • there are 21 days or less until the end of your rental agreement.
• Notice required: At least 48 hours’ notice
• The rental provider also cannot make you leave during these times
• There can’t be more than 2 open inspections in one week
• Each inspection can’t be longer than one hour
• If you’re affected by family violence (a ‘protected person’ under an intervention order): you can request inspections by appointment, rather than open inspections.

Valuing the property

• Valid reason: Show your home to a real estate agent, or a professional valuer
• Notice required: At least 7 days’ notice

Taking photos or videos for advertising

• Valid reason: Take photos or videos to advertise the property
• Notice required: At least 7 days’ notice
• You can say ‘no’ in writing (this is called an “objection”) to them taking photos or videos of specific places in the property if you’re worried this will:
  • Identify you
  • Identify someone else living at the property
  • Reveal sensitive information
  • Show valuable items, which will increase risk of theft
  • Show something that’s unreasonable to move or hide
  • Identify anyone living at the property who is at risk of personal or family violence
• Once you have sent your objection in writing, you can ask to see the photos that were taken to make sure that they do not reveal anything you said no to.

If there’s an emergency, rental providers are allowed to enter your home without your consent.

There’s no set list of emergencies, but here are a few things this may include:

• Someone in the house is seriously injured
• Someone is in danger
• The premises needs urgent repairs – for example:
  • Blocked or broken toilets
  • Dangerous electrical faults
  • Serious water leaks, flooding
  • Gas leaks
  • When essential services aren’t working (e.g. no hot water)
• The property is in danger of being destroyed, or seriously damaged (e.g. by fire)

If you’re still feeling unsure about your rights, please reach out – we’re happy to help you!