Agents are bound by the same rules as landlords
A property manager or real estate agent acting on behalf of a landlord has exactly the same entry obligations as the landlord. They cannot enter on shorter notice, at different times, or for additional reasons just because they are an agent. The tenancy legislation in each state applies equally to landlords and their authorised representatives.
Notice must be in writing
In all Australian states, entry notices must be in writing. A phone call or text message from an agent asking to come by is not sufficient notice for most types of entry (emergency entry excepted). Written notice means a letter, email, or formal written notice served in accordance with the tenancy legislation — typically by delivering to the property, posting, or email if agreed.
- •NSW: Notice in writing at least 7 days before a routine inspection
- •VIC: Notice in writing at least 24 hours before most types of entry
- •QLD: Entry period notice — a written notice specifying the entry window
- •WA: Notice in writing 7–14 days before routine inspections
- •ACT: 7 days written notice for routine inspections
Permitted entry times
Even with valid notice, entry is only permitted at lawful times. Most states restrict entry to:
- •Between 8am and 6pm Monday to Saturday
- •Not on Sundays or public holidays (except by agreement or emergency)
- •Some states permit entry on Sundays with additional notice or consent
What agents are NOT allowed to do
Common agent practices that breach tenancy law include:
- •Entering without written notice (except genuine emergency)
- •Arriving outside permitted hours
- •Conducting inspections more frequently than the legal maximum
- •Photographing or videoing personal belongings without consent
- •Bringing in multiple parties (e.g., builders, prospective buyers) without disclosing this in the notice
- •Entering when the tenant has refused entry for an unlawful reason and without a tribunal order
What to do when agents get it wrong
If an agent enters without proper notice or outside permitted times, take these steps:
- •Note the date, time, and what happened immediately
- •Write to the agent and the landlord citing the breach and requesting it not happen again
- •Contact your state tenancy authority — they can contact the agent's license holder
- •Apply to your state tribunal for a restraining order or compensation if it continues
- •Consider making a complaint to the state real estate licensing body (e.g., NSW Fair Trading, Consumer Affairs Victoria)
Agents and the licensing body
Real estate agents must hold a licence in all Australian states. Repeated or serious breaches of tenancy law can result in a formal complaint to the licensing authority — which can lead to fines, licence conditions, or revocation. This is a more powerful tool than many tenants realise, particularly when dealing with agencies that manage large portfolios and have a pattern of non-compliance.
This article provides general information about Australian tenancy law and is not legal advice. Laws change frequently — always verify the current rules with the relevant state tenancy authority or a qualified legal professional.