Factsheet 08: Access and privacy

As a tenant you have rights under the Residential Tenancies Act 1987 and Residential Tenancies Regulation 2006. This factsheet explains the law in NSW about your right to privacy and the landlord's right to enter the premises.

When can the landlord/agent enter the premises?

Reason Minimum notice to tenant
An emergency or for urgent repairs None
To do repairs and maintenance 2 days
To inspect the premises 7 days (and not more than 4 times a year)
To show the premises to prospective buyers or mortgagees 'Reasonable' (and only a reasonable number of times)
To show the premises to prospective tenants during the 14 days before the agreement ends 'Reasonable' (and only a reasonable number of times)
The landlord has good reason to believe the premises are abandoned None
Consumer, Trader and Tenancy Tribunal order As specified in the order

Note:

  • Notice from the landlord/agent does not have to be in writing.
  • Unless you agree, the landlord/agent cannot enter the premises on a Sunday or a public holiday, or before 8am or after 8pm.
  • If anyone besides the landlord/agent wants to enter for the landlord/agent, they must have written permission from the landlord/agent and show it to you.

Can the landlord/agent enter when you are not home?

If proper notice with a proper reason is given (see table above), then the landlord/agent can enter when you are not there.

If you cannot be there, try to arrange for a friend to be there on your behalf.

People entering the premises when you are not there can be a problem for your insurance. Even if such people do not steal from the premises, they may do things like leave a door open by mistake. If this happens, you may not be covered by insurance because you allowed the people in. (Get advice from your insurance company.)

If goods are stolen, you can apply to the Consumer, Trader and Tenancy Tribunal (CTTT – see below) for an order for compensation. However, you have to prove it happened because of the landlord's/agent's conduct. Contact your local Tenants Advice and Advocacy Service for more information.

'Reasonable' notice

The Residential Tenancies Act 1987 does not say what 'reasonable' notice is when the landlord/agent wants to show the premises to prospective buyers or tenants – the facts of each case determine what is 'reasonable'.

Refusing access

If you have not been given proper notice you have the right to refuse access.

If you have been given proper notice, you do not have the right to refuse access to the landlord or someone else with their written permission. However, you may negotiate a more acceptable arrangement (e.g. allowing potential buyers access 5pm–6pm Wednesdays and 11am–12noon Saturdays).

Right to privacy

Under section 22 of the Residential Tenancies Act 1987, you have the right to privacy, peace, and comfort in use of the premises. A landlord/agent who infringes this right is breaching the tenancy agreement.

Examples of breaches include:

  • the landlord coming to the premises without a reason and without notice
  • the landlord coming around early in the morning and banging on the door
  • tradespeople coming to do non-urgent repairs without proper notice
  • other real estate agents and prospective buyers with a key to your premises coming around without notice or written permission from the landlord.

If your rights are abused

Complain to the landlord/agent in writing demanding that the breaches stop. Keep a copy of the letter.

You can also:

  • apply to the CTTT for orders
    • to stop the landlord/agent entering your premises
    • for the landlord to carry out a term of the agreement
    • to allow you to change the locks
    • to allow you to refuse the landlord a key to the premises
    • to end the tenancy
    • for compensation
  • report trespass to the police
  • report the illegal taking of access to the Office of Fair Trading. (A landlord/agent can be fined up to $550 for illegal taking of access.)

If your complaint is about a real estate agent, tell your landlord about the agent's behaviour. You can also complain in writing to:

Office of Fair Trading
PO Box 972, Parramatta NSW 2124
(phone 02 9895 0297 or free call 1800 625 963).

Applying to the CTTT

You must apply to the CTTT within 30 days of becoming aware of the landlord’s breach. After 30 days, you can ask for an extension of time in your application. See Factsheet 11: Consumer, Trader and Tenancy Tribunal or contact your local TAAS for more information.

Updated: October 2009

Further help

Tenants Advice and Advocacy Services: see www.tenants.org.au/publish/contact-us to find your local general or Aboriginal service
Tenants NSW website: see www.tenants.org.au/publish/factsheets for other factsheets and sample letters
NSW Fair Trading Information Centre: 133 220

Tenants Advice and Advocacy Services The information in this factsheet:
• is intended as guide to the law and should not be used as a substitute for legal advice
• applies to people who live in, or are affected by, the law as it applies in New South Wales, Australia.
© Tenants' Union of NSW.

 

ABOUT TENANTS NSW
This site is a publication of the Tenants’ Union of NSW and the network of Tenants Advice and Advocacy Services throughout New South Wales. The Tenants’ Union of NSW is the State’s peak non-government organisation for tenants. Tenants Advice and Advocacy Services (TAASs) provide free, independent information, advice and advocacy to tenants throughout New South Wales.

PRIVACY STATEMENT    |    LEGALS

© 2008 Tenants Union of NSW   |    Website by Wolf Tracks