Tenants right to privacy and entry

Learn mroe about your rights to privacy and what you need to know about when, and how, your rental provider (or their agent) can enter your home. Understanding these rules is key to ensuring your right to quiet enjoyment is respected throughout your tenancy.

Step 1: Your right to privacy
As a renter, you have a legal right to privacy and quiet enjoyment of your home. This means that while your rental provider or their agent has some rights to enter the property, they must follow strict laws regarding when, and how, they can do so. If they don’t follow these rules, you are not obligated to let them in.

Step 2: When can the rental provider enter?
The rental provider or their agent can only enter your home under specific circumstances outlined in the Residential Tenancies Act. These include:

• Showing the property to prospective renters or buyers

• Taking photos or videos for advertising

• Carrying out repairs or maintenance

• Routine inspections

They must provide you with proper written notice, explaining the reason for entry. The entry must occur between 8am and 6pm, excluding public holidays.

Step 3: Your rights during entry
When the rental provider or agent enters your home, they must do so in a reasonable manner and not stay any longer than necessary to achieve their purpose. If they don’t follow the proper entry requirements, you have the right to refuse entry and can apply to the Victorian Civil and Administrative Tribunal (VCAT) for an order to prevent unauthorised entries.

Step 4: Special considerations for photos and videos
If your rental provider or agent wants to take photos or videos for advertising purposes, you have the right to object if:

• The images would directly identify you or someone else living with you

• They reveal sensitive information or valuable items that could increase the risk of theft

• They might identify someone at risk of family or personal violence

Your objection must be in writing, and if you object, the rental provider cannot use the photos or videos for advertising. You also have the right to review the images before they are used.

Step 5: What to do if your privacy is violated
If the rental provider or agent violates your right to privacy by entering without proper notice, or for unauthorised reasons, you can report this to Consumer Affairs Victoria, who may issue an infringement notice. You can also apply to VCAT for an order to protect your privacy.

We hope this guide helps you understand your rights to privacy and the rules surrounding entry into your rental home. By knowing these rules, you can ensure that your right to quiet enjoyment is upheld throughout your tenancy. If you ever feel that your privacy has been violated, don’t hesitate to seek help.