Can my agent force weekly open homes when the property is for sale?
Asked anonymously in a NSW tenant support Facebook group
I'm a 23-year-old woman living alone in NSW. My landlord has put the property up for sale during my lease. The agent is pushing weekly Saturday 9am open homes until sold and says I can't refuse. I'm not refusing access. I just want private appointments with registered buyers instead of open homes for safety reasons. I also declined one photography slot but offered alternatives the following week, and now the agent says I 'refused access'. What are my actual rights under the NSW Residential Tenancies Act 2010?
Short answer: You have strong grounds to push back. The agent is misrepresenting both the law and what you have done.
1. Open homes are NOT automatically permitted
Under s 53 of the Residential Tenancies Act 2010 (NSW), sale inspections require tenant agreement on times. If you and the agent cannot agree, either party may apply to NCAT under s 53(5) for orders limiting frequency or manner of entry. The Act does NOT give landlords a blanket right to hold weekly open homes. each inspection requires fresh notice and your reasonable cooperation.
For photography, s 53A requires your written consent. You can refuse if photos would identify you or your possessions, and you are entitled to copies of any photos taken.
2. "Reasonable time" and your safety concerns
NCAT consistently holds that what is "reasonable" depends on the tenant's circumstances. Living alone as a young woman is a recognised privacy/safety issue. Tenants can reasonably request pre-registered buyers only with ID confirmed by the agent, rather than unvetted walk-ins. The agent saying you "can't refuse" open homes is wrong.
3. You did NOT "refuse access"
Refusing access means saying "no, you cannot enter at all." You did the opposite. you declined one specific time slot for photography and offered alternative dates the following week. That is negotiating access in good faith, which is exactly what the Act contemplates.
4. What to do today
Step 1. Put it in writing. Email the agent:
*"I confirm I am not refusing access for sale purposes. I am happy to accommodate private inspections with pre-registered buyers at reasonable times, with 7 days written notice. I am not consenting to weekly open homes due to safety and privacy concerns (I am a young woman living alone). For photography, my written consent is required under s 53A. I am available [specific dates/times]. Please confirm."*
Step 2. If they schedule an open home anyway, file an application with NCAT under s 53(5). Filing fee around $50. The tribunal can make urgent interim orders.
Step 3. Document everything: screenshot every notice, log who entered and when, photograph the unit before and after.
5. Retaliation protection
s 115 prohibits retaliatory conduct (eviction notice, rent rise, harassment) within 6 months of a tenant exercising rights. If they issue a termination notice shortly after you assert these rights, NCAT can set it aside.
Free legal help
Contact the Tenants' Union of NSW. free phone advice on 1800 251 101 (tenants.org.au). They can help draft the NCAT application.
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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