Can my landlord enter the property without my permission in Australia?

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AussieLedger · Accepted Answer

Only in limited circumstances and almost always with written notice. Every state sets minimum notice periods by reason — commonly 24 hours to seven days for inspections, repairs or viewings. Entry without notice is permitted only in an emergency, or where you have consented at the time. Australian tenancy law gives renters quiet enjoyment of the property, which means the landlord's right of entry is an exception rather than a default. Each state's residential tenancies Act sets out permitted reasons for entry, the notice required for each, and the hours during which entry may occur. Typical permitted reasons are: a routine inspection, limited to a set number per year; carrying out repairs or maintenance; showing the property to prospective tenants or buyers; a valuation; and complying with a legal obligation such as a smoke alarm check. Notice periods differ by reason and by state, commonly ranging from 24 hours for urgent repairs to seven days for a routine inspection. Notice must generally be in writing and specify the date, the time window and the reason. Entry without notice is permitted in a genuine emergency — a fire, a burst pipe, a suspected gas leak, a reasonable belief someone is at risk — or where you agree at the time. An agent letting themselves in for convenience is not an emergency. If entry rules are being breached, put it in writing, keep the record, and complain to your state fair-trading or tenancy authority. Persistent unlawful entry can be dealt with by the tribunal, which can make orders restraining it and, in some states, award compensation.

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