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Privacy

Image indicating new information  Curtains / window coverings 

  • Curtains or window coverings must be in any room that the property owner knows is likely to be a bedroom or living area.   This requirement does not apply to social housing.
  • Note: if the rental agreement is signed, extended or renewed:
    • before 1 August 2016 the minimum standard does not apply until 1 August 2018;
    • after 1 August 2016 the minimum standard applies immediately.

 

Image indicating new information  Photographs / film / video 

Property owners have an obligation to seek the written permission of a tenant prior to publishing or displaying photos or any other image (film/video) when advertising the property for sale or rent.  This is to avoid the display of any object in the premises that may identify the tenant or any other person.

 

Privacy (right of entry)

A tenant has a right to reasonable peace, comfort and privacy during the tenancy. The property owner/agent must not interfere with a tenants 'quiet enjoyment' of the property.  This means that a property owner/agent cannot come onto the property whenever they choose. Certain rules apply when visiting the property. 

Entry by the property owner/agent without permission

The owner and tenant should agree on times when the owner may enter the premises. However if agreement cannot be reached, the following rules apply:

  • A property owner/agent may enter the premises without permission between 8.00am and 6.00pm, giving at least 24 hours notice to the tenants:
    • to meet commitments under the tenancy agreement;
    • if they reasonably suspect the tenant has not complied with the tenancy agreement;
    • to ensure that repairs have been properly carried out;
    • to carry out routine inspections. These may be carried out once in the first month of the tenancy and then once every three months afterwards.
  • The property owner/agent may enter the premises at any time without the tenant's permission if it is reasonably believed: 
    • the tenant is injured or ill and is unable to give permission to enter;
    • a denial of immediate access is likely to result in damage to the premises;
    • there is a risk to the tenant or another person on the premises;
    • damage has occurred to the premises;
    • the property has been abandoned.  Information on Abandoned Premises is available.

 

Open homes

The property owner/agent must receive written permission from the tenant before holding an 'open home' for either sale or re-letting of the property.  All parties should agree on suitable times to show the property to prospective buyers or tenants. If a mutually acceptable time cannot be agreed the following provisions apply. 

Showing the property to new tenants

A property owner/agent may enter to show the property to potential new tenants and anyone accompanying them:

  • if a notice to vacate has been given to the current tenant/s;
  • if the current tenant/s has given a notice to terminate the agreement;
  • if a fixed term agreement has less than 28 days before expiring.

If this is the case, the owner may enter the property after giving 48 hours written notice to the tenant/s. The owner can then: 

  • only enter once per day;
  • no more than 5 days in any week; and
  • only between the hours of 8am and 6pm.

Showing the property to potential purchasers

An owner may enter to show the property to potential purchasers:

  • if 48 hours written notice has been given; and
  • only once per day; and
  • no more than 5 days in any week; and
  • only between the hours of 8am and 6pm.