Privacy and access

One right that the lease (residential tenancy agreement) creates for the tenant is the right to privacy and the quiet enjoyment of the place that is being rented. If the real estate agent wants to enter the house or flat they must give you notice. The amount of notice differs depending on where you live. If you live in NSW, the agent must give you:

• seven days notice if they want to carry out an inspection. They can only do this four times in any 12 month period
• two days notice to carry out necessary repairs (no notice is required for urgent repairs).

If you live in Victoria, the agent must give you:

• 24 hours written notice if they want to carry out an inspection. They can only do this twice in any 12 month period, but not within the first three months.
• two days notice to carry out repairs (no notice is required for urgent repairs).

If you, as the tenant are planning to move out then the agent can show the place to prospective new buyers or tenants. But the agent must give you reasonable notice and they can only do this during the final 14 days of your tenancy if it involves showing prospective clients through the premises.

The real estate agent can also enter the place if:

• they believe that you have abandoned the place
• there is an emergency
• a Tribunal has ordered access
• you, the tenant agrees.

If you live in NSW, unless you agree, the agent cannot visit the place on Sundays, public holidays or outside the hours of 8am to 8pm. In Victoria, where an agent or landlord has provided notice in writing with at least 24 hours notice, they are only allowed to enter between 8am and 6pm, and not on public holidays.