Rent inspections and privacy rights

A tenant has the right to quiet enjoyment of the rental home. This means they should not be unnecessarily contacted or visited by a landlord.

A landlord has the right to enter a property, however there are rules about the reasons they can enter and when they can enter.

There are also rules about what they can and can’t do when they are on the property.

Giving notice 

The landlord must give the tenant notice to enter the home. How much notice depends on the reason they’re entering the home.

The notice must be in writing and state the reason for entry using Form 19 – Notice of proposed entry.

Reasons a landlord can enter the home

A landlord may enter the premises to manage:

  • an emergency
  • a property inspection
  • rent collection if stated in the rental agreement.
  • insurance, quotes or repairs
  • the home has been abandoned
  • a tenant leaving
  • taking photos for advertising to sell or rent
  • showing the home to prospective tenants, buyers, valuers or lenders (mortgage providers)

Trades and other authorised people entry rights 

The landlord must tell the tenant who will be attending, when and for what reason.  Some trades and service providers may bring trainees without notice.

Entry times 

Entry can only occur between:

  • 8 am – 6 pm on a weekday,
  • 9 am – 5 pm on a Saturday
  • any other time agreed between the tenant and landlord

Sometimes a more suitable time may need to be negotiated for a tenant who is a shift worker.

Notice periods to enter rental home 

Inspections

A landlord has the right to conduct inspections.  

  • no more than four times a year
  • with 7- 14 days written notice
  • at a suitable time

Repair work

A landlord must give 72 hours written notice for any non-urgent repairs or maintenance work. Immediate access can be required for any emergency or urgent work.

A landlord may need to visit more than once to inspect damage, organise quotes and supervise repairs. See more detail about urgent and non-urgent repairs in Rental home repairs page.

A landlord or authorised person must not stay at the home longer than necessary, unless they have the tenant’s permission.

Showing home to prospective tenants 

The landlord and tenant must agree on a suitable time and day. The landlord can start showing new tenants the home within 21 days of the current tenant moving out.

Showing the home to prospective buyers 

The landlord must give written notice to hold home opens and show the home to prospective buyers.

Photos and videos of the home

Photographs or video recordings are often taken during an inspection and to advertise the home.

Inspections: The tenant and landlord should both agree to the photos being taken and their accuracy at the time of inspection.

Advertising: The tenant should give permission for photos to be taken to advertise the home for sale or to prospective tenants. Those photos should not be used for any other purpose.

The Office of the Australian Information Commissioner created the below video which highlights privacy rights.  Please note this does not cover specific WA's tenancy laws.  

Tenant can refuse entry

The tenant can refuse the landlord entry for any of these reasons:

  • It’s outside the allowable times above
  • it’s a public holiday
  • they were not given proper written notice
  • the landlord wants to do a routine inspection but one was done within the last three months.

Tenant does not have to be home 

A tenant:

  • has the right to be present
  • do not have to be home if they don’t want to
  • cannot unreasonably delay inspections, repairs or other visits.

A landlord can enter the home if a tenant is not home, if:

  • in an emergency,
  • valid written notice has been given, or
  • both landlord and tenant have agreed this can happen.

Landlords cannot ask a tenant to leave while they are doing inspections or maintenance. A tenant being home during a visit may help avoid disputes.

These rules also apply to tradesperson or service provider a landlord has hired to carry out the work.

If notice is not given 

If a landlord enters the home without proper notice, a tenant can:

  1. ask for it not to happen again
  2. serve a notice to the landlord in breach of agreement
  3. seek an order from the Magistrate's Court.

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