What to do now
Official rules: NSW Fair Trading, Landlord access and entry and Minimum notice periods for access. Tenant summary: Tenants' Union of NSW, Privacy and access. If entry was unlawful, write to the agent today, keep a copy, then Fair Trading (13 32 20). NCAT residential fee is $64, or $16 with a concession card (as at 1 July 2026).
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Check the notice you were given. Reason, date, and how it was served. Calendar days count for most access notice periods (the day the notice is served does not count). If notice was posted, allow an extra 7 working days for delivery.
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Match it to the table below. Wrong reason, short notice, Sunday or public holiday, or outside 8am to 8pm is usually a problem (unless an exception applies).
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If the notice looks wrong, reply in writing. Say what is wrong, propose a lawful time, and keep a copy. You still need to allow entry when the reason and notice are valid, even if you are not home.
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If they enter unlawfully or keep doing it, complain to NSW Fair Trading, then apply to NCAT for orders limiting access, stopping breaches, or compensation if goods were damaged or stolen. Apply within 3 months of becoming aware of the breach for most stop-entry orders.
Worked example
Alex gets a text on Monday saying the agent will inspect on Tuesday morning. Routine inspections need 7 days' written notice and are capped at 4 times in 12 months. Alex emails the agent the same day, points to the Fair Trading notice table, and offers a date eight days out. The agent rebooks with written notice. If the agent had used the spare key the next morning anyway, Alex would complain to Fair Trading and could apply to NCAT within 3 months.
Notice periods without your consent
From Fair Trading's minimum notice list (these do not apply to shared areas you do not exclusively occupy):
| Purpose | Minimum notice | Frequency limit |
|---|---|---|
| Inspect the property | 7 days' written notice | Up to 4 times in any 12-month period |
| Carry out or assess necessary repairs or maintenance (non-urgent) | 2 days' notice | As required |
| Comply with health and safety obligations (for example pool fencing) | 2 days' notice | As required |
| Inspect or assess a smoke alarm | 2 business days' notice | As required |
| Repair or replace a smoke alarm | 1 hour's notice | As required |
| Property valuation | 7 days' notice | Once in any 12-month period |
| Photos or video to advertise for sale or rent | Reasonable notice, and a reasonable chance to move belongings out of frame | Once in the 28 days before marketing starts or the agreement ends |
| Show to prospective tenants | Reasonable notice | Only in the last 14 days before the tenancy ends |
| Show to prospective buyers | 14 days' written notice before the first inspection; then as agreed, or 48 hours each time | After the first showing, you need not agree to more than 2 inspections per week |
No notice is required for: an emergency; urgent repairs; reasonable belief the premises are abandoned; a Tribunal order; or serious concern about health or safety of someone on the premises after first trying to get your consent.
Limits that still apply
Under Fair Trading's access rules and section 55 of the Residential Tenancies Act 2010 (NSW):
- Entry is generally not permitted on Sundays or public holidays, or outside 8am to 8pm, unless an exception applies (emergency, urgent repairs, abandoned premises, Tribunal order, or you agree).
- Where practical, they should tell you the approximate day and time.
- They should not stay longer than necessary.
- An authorised person (tradesperson, valuer, selling agent) needs written consent from the landlord or agent, and must show it if you are home.
You can consent to entry at any time. Putting that consent in writing avoids later disputes.
Photos, advertising, and open homes
They can take interior photos or video for sale or lease advertising after reasonable notice and a chance to move belongings that can reasonably be moved. Publishing photos that show your belongings needs your written consent. Domestic violence circumstances are a recognised reason to refuse that publication. For buyer inspections, try to agree days and times in writing; you need not agree to more than two showings in any week.
If they block valid entry, or you block them
If correct notice and a valid reason were given and you refuse entry, you may be in breach. If you cannot be home, arrange someone on your behalf where you can, or agree in writing that they may enter while you are out. If the landlord or agent refuses lawful access they organised (for example locking you into endless cancelled inspections while still giving short notice), write it down and use Fair Trading or NCAT to set clear days and times.
Where to get help
NSW Fair Trading: 13 32 20 (Mon to Fri, 8:30am to 5pm)
Landlord access and entry · Minimum notice periods
NCAT: ncat.nsw.gov.au or 1300 006 228
Apply online · Fees
Tenants' Union of NSW: Privacy and access factsheet · 1800 251 101 (outside Sydney metro) or (02) 8117 3700 (Sydney metro)