February 2014
Privacy when renting
Information for tenants
You have a right to privacy and quiet enjoyment of the
premises you are renting. Your landlord, agent or
anybody else acting on their behalf must not interfere
with your reasonable peace, comfort and privacy.
For this reason, the law restricts the access a landlord or
agent can have to the rented property while you are living
in it. They are only allowed to enter the premises at
certain times for certain reasons and in most cases have
to give you notice first.
serious concern about your
health or safety or other
occupants
If they reasonably believe the
premises have been abandoned
by you
None
To show the premises to
prospective buyers
2 weeks written
notice before first
inspection.
Subsequent
inspections as
agreed with you, or
no more than 2
inspections per
week with 48 hours
notice
In accordance with a NSW Civil
and Administrative Tribunal
order
As ordered by the
Tribunal
Notice before entry
The amount of notice the landlord or agent must give you
depends on the reason for entering the premises.
Reason
Notice required
To inspect the premises (up to 4
times per year)
At least 7 days
written notice
To do ordinary repairs or carry out
maintenance
At least 2 days
notice
To carry out urgent repairs, such
as fixing burst water
pipes, dangerous electrical faults,
gas leaks or blocked toilets
None
To comply with health and safety
obligations, such as installing
smoke alarms
At least 2 days
notice
To obtain a property valuation
(once in a 12 month period)
At least 7 days
notice
To show a prospective tenant (in
the last 14 days before your
tenancy is due to end)
Reasonable notice
on each occasion
In an emergency
None
If they have tried to contact you
and been unable to do so and
have reasonable cause for
None
In addition to all of the above reasons you can consent to
the landlord, agent, or any other person acting on their
behalf to enter the property at any time for any reason.
Limits on access
In most circumstances, access is not permitted on
Sundays, public holidays or outside the hours of 8am to
8pm. Where practical, you should be notified of the
approximate time when access will be required.
If a person wishes to enter the property without
the landlord or property manager (e.g. a selling agent,
valuer or tradesperson) they must have written consent
from the landlord or managing agent which they
must show to you. The person who comes must not stay
on the premises longer than is necessary to achieve the
purpose.
February 2014
These limits do not apply in an emergency, for urgent
repairs, if the premises are abandoned, if the Tribunal so
orders or if you agree.
Entry when you are not home
If correct notice has been given, you do not need to be at
home for the landlord or agent or authorised person to
enter. If the time does not suit you, you can try to
negotiate a different time with the landlord or agent.
Unlawful entry
If these requirements have not been followed you do not
have to allow access to your home. It is an offence for a
landlord or someone on their behalf to enter the premises
without following the correct procedures. If the problem is
serious or persistent, you may apply for an order from the
Tribunal.
If your goods are damaged or stolen during the access
visit you can apply to the Tribunal for compensation.
[Link]
Fair Trading enquiries 13 32 20
TTY 1300 723 404
Language assistance 13 14 50
This fact sheet must not be relied on as
legal advice. For more information about
this topic, refer to the appropriate
legislation.
State of New South Wales through NSW Fair Trading
You may freely copy, distribute, display or download this information with some important
restrictions. See NSW Fair Trading's copyright policy at [Link] or email
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