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How Much Notice Does A Real Estate Agent Or Landlord Have To Provide Before Visiting A Rental Property?

26/3/2019

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We often hear stories from tenants who have had experiences in the past of unannounced or frequent visits from their agent or landlord. Unfortunately, especially when a landlord lives nearby to their investment property, the landlord can feel too comfortable simply "dropping past" the property to check on something, complete a minor repair, and so on.

There are very clear notice periods required in order for a landlord, real estate agent or any other party acting on their behalf to enter a rental property.

The notice periods vary with the reason for entry, summarised as follows:

Notice required before entry to a rental property

Reason	Notice Required
To inspect the premises (up to four times per year)	At least seven days written notice
To do ordinary repairs or carry out maintenance	At least two days notice
To carry out urgent repairs, such as installation or repair of a smoke alarm, fixing a burst water pipe, a gas leak or a blocked toilet	None
To comply with health and safety obligations, such as inspecting smoke alarms	At least two days notice
To obtain a property valuation (once in a 12 month period)	At least seven days notice
To show a prospective tenant (in the last 14 days before the existing tenancy is due to end)	Reasonable notice on each occasion
In an emergency	None
If the landlord or agent has tried to contact the tenant and been unable to do so, and has reasonable cause for serious concern about the tenant's health or safety or other occupants	None
If the landlord or agent reasonably believes the premises have been abandoned by the tenant	None
To show the premises to prospective buyers	Two weeks written notice before the first inspection. After the first inspection, the tenant can agree on a suitable time frame but no more than 2 inspections per week with 48 hours notice
In accordance with a NSW Civil and Administrative Tribunal (NCAT) order	As ordered by the Tribunal

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Details in the above table sourced from NSW Fair Trading.

The tenant can give the landlord or agent permission to enter the property at any time for any reason.

What are the limitations to accessing a rental property occupied by a tenant?

Aside from ensuring the correct notice period is adhered to, the following limitations to access apply:

In most circumstances, access is not permitted on Sundays, public holidays or outside the hours of 8am to 8pm.
Where practical, the tenant should be notified of the approximate time when access will be required.
If a person wants to enter the property without the landlord or agent (e.g. a selling agent, valuer or tradesperson) they must have written consent.

These limits do not apply in an emergency, for urgent repairs, if the premise is abandoned, if the Tribunal so orders or if the tenant agrees.

Entry when the tenant is not home

After permission is given, a tenant does not need to be home for the landlord, agent or authorised person to enter.

Unlawful entry

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, or any goods are damaged or stolen, a tenant should contact the NSW Civil and Administrative Tribunal (NCAT).