Tenants right to privacy

This guide covers your rights to privacy and explains when and how your landlord, or their agent, can enter your home. Understanding these rules ensures that your right to quiet enjoyment is respected throughout your tenancy.

Your right to privacy
As a tenant, you have a legal right to privacy and quiet enjoyment of your home. While your landlord or their agent may need to enter the property for various reasons, strict legal guidelines govern when and how they can do so.

When can the landlord enter?
Your landlord or their agent can only enter your property under certain circumstances, and these are outlined in tenancy legislation across all states and territories. Depending on your state legislation, some common reasons include:

• Showing the property to prospective renters or buyers

• Carrying out a property valuation

• Taking photos or videos for advertising

• Carrying out repairs or maintenance

• Conducting routine inspections

They must provide you with proper written notice that clearly explains the reason for entry.

Your rights during entry
When the landlord or agent enters your home, they must do so in a respectful and reasonable manner. They should not remain on the property longer than necessary. In some states, you may escalate the matter by applying to the relevant tenancy tribunal to prevent unauthorised entry.

What to do if your privacy is violated
If the landlord or their agent enters without proper notice or for unauthorised reasons, you can report this to your relevant authority. They may issue a penalty notice. Additionally, you can apply to your tenancy tribunal for an order to protect your privacy and prevent future violations.

We hope this guide has helped clarify your rights to privacy and the rules around entry into your rental property. By understanding these regulations, you can ensure your right to quiet enjoyment is respected throughout your tenancy. If you ever feel your privacy has been violated, don’t hesitate to seek help.