My agent let themselves in without notice. is that allowed?
Common scenario across all Australian states
I came home from work today and my neighbour told me the agent had let themselves into my place at lunchtime to take photos for a sale listing. I never received notice. I am a private person and I am furious. Is this allowed?
Short answer: No. Entry without notice is unlawful in every Australian state and territory. Document it immediately and lodge a formal complaint. this is a clear breach of quiet enjoyment and likely a fineable offence.
1. The universal rule
Every state's Residential Tenancies Act requires the landlord or agent to give written notice before entry, in most cases with a defined minimum period (typically 7 days for general inspections, 24-48 hours for repairs). Entry without proper notice is unlawful EXCEPT in emergencies (fire, flood, suspected unlawful activity).
In your case:
2. What to do today
Step 1. Document everything:
Step 2. Write to the landlord and agent (formal, not friendly):
*"On [date] at approximately [time], your agent entered my premises at [address] without notice and took photographs. This is unlawful entry under [your state's RTA section] and a clear breach of my right to quiet enjoyment. I require: (1) written acknowledgement of the unlawful entry; (2) immediate removal of any photographs taken without consent; (3) confirmation that no further entry will occur without proper written notice; and (4) compensation for the breach of quiet enjoyment."*
Step 3. Lodge a complaint with your state's regulator:
Step 4. If serious or repeated, apply to your tribunal for orders restraining further entry and compensation. Tribunal fees are typically $50–$80 and the bar to win on these facts is low.
3. Compensation
Tribunals routinely award compensation for unlawful entry. usually 1-2 weeks rent, sometimes more if the entry was particularly egregious (photographing personal items, repeated incidents, or where the tenant has previously asked the agent to respect notice requirements).
Free legal help
Contact your state's free Tenants' Union. they handle this kind of complaint every day.
Not legal advice. Compass is an AI assistant. for advice on your specific situation, contact your state's free Tenants' Union.
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