How often can my landlord show my house while I’m living in it?

Did you know that in Australia, landlords are legally required to provide tenants with proper notice before entering their rental property? For instance, in Victoria, landlords must give renters written notice specifying the reason for entry and ensure it occurs between 8 am and 6 pm on non-public holidays.

consumer.vic.gov.au Despite these regulations, a 2023 survey revealed that almost a third of Australian renters have chosen not to apply for a property because they didn’t trust how their personal data would be handled by third-party applications.

theguardian.com This highlights ongoing concerns about tenant privacy and the importance of understanding your rights when it comes to property inspections and showings.

When and why landlords and their agents are permitted to enter a property is governed by legislation.

They have to abide by specific rules while on the premises. Renters must let rental providers and brokers in if they’ve given adequate notice, usually 14 days as per the landlords and tenants tenancy agreement.

The rental company must reimburse tenants who enter the residence for an open inspection or to exhibit it to a buyer or lender. Entrance implies entering the entire property. Not simply the indoors, but also the garden or outside.

Notice to Entry

First, tenants should know their rights to avoid being wrongfully pressured to agree to anything. The Residential Tenancies Regulation 2019 and Residential Tenancies Act 2010 safeguard renters’ rights and outline how a landlord must sell or exhibit a residence while occupied.

By law, the landlord need not wait until the end of a lease to sell the property, but there are many laws and regulations to follow to ensure both sides are pleased with the terms and procedure. If you want to move out early because the landlords wants to sell the home (and conduct showings), you can serve a specified notice under your lease agreement.

A periodic agreement requires a 21-day notice without providing a reason for leaving, while a fixed-term agreement has more detailed provisions and allows a shorter notice. This is only feasible when:

Agreement doesn’t include selling property.

The landlord says they’ll sell the residence (before or after entering into a lease agreement).

In all circumstances, a 14-day minimum notice period to end the tenancy will suffice if the landlord’s plan to sell the property is written and signed.

When can the landlord wants show?

Tenants can’t decline a landlord’s request to display the property while they’re living there, but the landlords must offer a 14-day written notice so the tenant may prepare.

The landlord must be flexible with showing days and times to accommodate the tenant’s schedule. Landlords cannot invite potential purchasers to the house before the 14-day notice, so you can reject admission if they or an agent show up for an inspection.

Since viewing an occupied residence disrupts the tenant’s routine, landlords can only plan two showings each week. The landlords may hold extra showings each week if the renter agrees. If both parties can’t agree on a day or time for the viewing, the landlord can inspect after giving 24 hours- 48 hours notice (i.e. after the 14-day notice is served).

Remember that showings are only allowed between 8AM and 8PM. Prospective buyers and landlord/agent must depart the property by 8PM and not spend more time than necessary during an inspection. You can also decline public holiday and Sunday showings.

Open houses permitted?

Without the tenant’s permission, open-house inspections are illegal. You can decline open-house inspections and can ask for documentation that the landlord or agency brought interested purchasers or prospective tenants.

If you consent to an open-house showing, you should call your real estate agent to clarify their policy. A landlord can’t ask you to leave during a showing. Pets may need to be crated (if any). If you can’t make the showing, the landlord may proceed without you.

Should I clean before a showing?

You must keep the property tidy per your leasing agreement. This includes cleaning the floor, furniture, kitchen, and bathroom surfaces to remove filth and grime. If you keep the premises clean and in good shape, the landlord can’t order you to clean more.

If a landlord wants to pay for a professional cleaning, you might approve or protest. You are not required to hire a professional cleaning service unless it’s indicated in the leasing agreement.

Yes, a landlords can display an inhabited home. Tenants have the right to approve or reject to certain showing requests, ensuring that the showings are handled legitimately and to their convenience.

Why a landlords or agent access a property?

A landlords or agent can only enter for one of these reasons.

General inspection: 

Checking the property’s condition (this is also sometimes called a routine inspection).

Repairs or other legal duties –

• Doing what the law requires.
• Exhibiting the property to tenants, purchasers, or lenders means showing it to persons who could rent or buy it in the future or lend the owner money based on its worth.
• Showing the property to a valuer or agency.
• Taking photos or videos to promote the property.
• Reasonable reasons to assume the tenant has infringed the Residential Tenancies Act or their rental agreement (for example, the renter has damaged the property).