Landlord access and entry to a rental property

Tenants have the right to reasonable peace, comfort and privacy when renting. Correct notice should be given if a landlord or agent needs to access the property in most cases, except  in certain specific situations where notice does not need to be given.

Minimum notice periods

There are legitimate reasons for entry to a property without the tenant’s consent, as long as the landlord or agent complies with the minimum notice required.

These do not apply to  any part of the property where the tenant does not have the right of exclusive occupation (e.g. a laundry or kitchen shared with the landlord).

Limits on entry without consent

Even when correct notice has been given, there are limits to when a landlord, agent or authorised person can enter the property without the tenant’s consent.

• In most circumstances, entry is not permitted on Sundays, public holidays or outside the hours of 8am to 8pm
• Where practical, landlords should notify tenants of an approximate day and time when entry will be required
• The landlord, agent or authorised person should not stay on the property longer than necessary
• If the landlord or agent’s authorised person (e.g. a selling agent, valuer or tradesperson) wants to enter the property, they must have written consent from the landlord or agent and must show this to the tenant if the tenant is home.

These limits do not apply:

• in an emergency
• to carry out urgent repairs
• if the property is abandoned
• if the Tribunal so orders, or
• if the tenant otherwise agrees.

Entry when the tenant isn't home

The landlord, agent or authorised person can enter the property without the tenant’s consent if the tenant is not home, provided that the required notice for a valid reason has been given.

If the correct procedures have been followed and if the tenant prevents entry by the landlord, agent or authorised person, then the tenant may be in breach of the tenancy agreement.

If the tenant cannot be home, the tenant can try to arrange for someone to be there on their behalf.

The tenant can also give the landlord, agent or authorised person permission to enter the property if they are not home without notice being provided, for any reason that the tenant agrees to. To avoid disputes, it is recommended that the tenant give permission in writing.

Unlawful entry

A landlord, agent or someone on their behalf cannot enter a rented property without following the rules set out above.

Tenants can lodge a complaint with NSW Fair Trading if they believe their property manager or landlord has accessed their property unlawfully.

Tenants should then contact the NSW Civil and Administrative Tribunal (NCAT) if the problem is serious or persistent, or any goods are damaged or stolen.