Your rights as a tenant — what the law actually says
Landlords and property managers have the right to inspect — but that right is qualified. It requires notice, is limited in frequency, and is restricted to reasonable hours. Entry outside these conditions is unlawful regardless of what your lease says — lease terms cannot override the state Residential Tenancies Act.
| Type of entry | Notice required | Your right to refuse |
|---|---|---|
| Routine inspection | Minimum notice per state (24–48 hrs typically) | Yes — if correct notice not given |
| Repairs (arranged) | 24 hours notice in most states | Can reschedule; cannot indefinitely refuse |
| Emergency repairs (pipe burst, gas leak) | No notice required for genuine emergency | No — immediate entry permitted |
| Smoke alarm checks | 24 hours in most states | Can reschedule reasonably |
| Property for sale — showing to buyers | Separate rules — 24–48 hrs, agreement required in some states | Varies — check your state Act |
| No notice — landlord "just checking" | None given — unlawful | Yes — right to refuse entry |
Notice and frequency rules — by state
| State | Min. notice (routine) | Max. frequency | Authority |
|---|---|---|---|
| QLD | 24 hours (max 7 days before) | Once every 3 months | Residential Tenancies Authority (RTA) |
| NSW | 24 hours | 4 times per year | NSW Fair Trading |
| VIC | 24 hours (max 7 days before) | Once every 6 months (after first inspection) | Consumer Affairs Victoria (CAV) |
| SA | 7–14 days written notice | 4 times per year | Consumer and Business Services SA |
| WA | 7 days written notice | 4 times per year | Department of Energy, Mines, Industry |
| TAS | 24 hours | Once every 3 months | Consumer, Building and Occupational Services |
| ACT | 7 days written notice | 4 times per year | Access Canberra |
| NT | 24 hours | 4 times per year | NT Consumer Affairs |
The notice must generally be in writing — text messages are accepted in most states if that is how you normally communicate with your agent. A verbal call-ahead does not constitute notice under the Act in most jurisdictions.
At the inspection — what you can and can't be asked to do
You are not required to be home during an inspection if valid notice has been given. If you choose to be present, you have the right to accompany the agent or landlord through the property. You do not have to answer questions about your personal circumstances, your guests, or your plans for the tenancy.
| They can | They cannot |
|---|---|
| Inspect general condition of the property | Go through your personal belongings, drawers, or cupboards |
| Check for damage beyond fair wear and tear | Photograph your personal possessions without consent |
| Note maintenance items that need attention | Bring tradespeople without separate notice |
| Access all rooms of the property | Stay longer than reasonably needed for inspection |
| Take photographs of property condition | Photograph you or family members without consent |
| Check smoke alarms and safety items | Enter during unreasonable hours (typically outside 8am–6pm) |
"I haven't received the required written notice for this inspection. Under the [state] Residential Tenancies Act, I'm not required to allow entry without notice. I'm happy to arrange a time — please send me written notice and we can schedule something."
"I'd like to note that going through [personal belongings / photographing personal items / bringing additional people] is outside what I've consented to for this inspection. Please restrict the inspection to the property condition only."
If they overstep — escalation steps
If a landlord or agent has breached the inspection rules — entered without notice, exceeded frequency limits, photographed personal belongings, or refused to leave — you have formal options. Document first, then escalate.
| Step | Action |
|---|---|
| 1. Document immediately | Write down what happened, date, time, who was present. Screenshot any messages. This is your record. |
| 2. Write to the agent/landlord | Email stating the breach specifically — which rule was contravened, when, and what you expect going forward. Keep a copy. |
| 3. Contact your state tenancy authority | Each state has a free dispute resolution and complaints process for tenancy matters. This is your first formal escalation point. |
| 4. Apply to the tenancy tribunal | If the breach is serious or repeated, you can apply to your state's tenancy tribunal (QCAT, NCAT, VCAT, etc.) for a compliance order. |
| 5. Legal advice | Community legal centres provide free tenancy legal advice in most states. Tenants' Unions operate in all mainland states. |