Your Rights - Entry Into Your Premises

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You are entitled to ‘reasonable peace, comfort and privacy’ in your use of the premises. The landlord/agent must not interfere with, or cause or permit interference with your peace, comfort and privacy.

Landlord’s right to enter the premises

Other than as outlined below, the landlord/agent or another person authorised by the landlord must not enter the premises. If the landlord/agent gives you the proper notice (if applicable) and has a legitimate purpose, you will be in breach of your tenancy agreement if you refuse them entry. This applies whether or not you are at the premises at the time (see below).

Entry with consent

The landlord/agent or another person authorised by the landlord can enter the premises at any time with your consent.

Entry without consent, without notice

The landlord/agent or another person authorised by the landlord can enter the premises without your consent and without notice, only:

  1. An an emergency.
  2. To carry out urgent repairs (see Factsheet 06: Repairs and maintenance).
  3. If the landlord has reason to believe the premises have been abandoned.
  4. In accordance with an order of the Consumer, Trader and Tenancy Tribunal (CTTT).
  5. If after making a reasonable attempt to gain consent, the landlord/agent or authorised person has serious concern about the health/safety of a person on the premises.

Except in the case of (5) above, the Limits to entry without consent  do not apply.

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Information supplied courtesy of the Tenants Union of NSW

Further information and advice for NSW tenants can be sourced from www.tenants.org.au