What can I do if my landlord keeps entering my property without notice in Western Australia?
You have the legal right to stop your landlord from entering without notice in Western Australia. Unannounced visits breach your right to quiet enjoyment. You should issue a formal written warning. If unauthorized entry continues, you can apply to the Magistrates Court for a binding order and compensation.
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How it works in practice
Your Right to Privacy
As a tenant in Western Australia, you have a fundamental legal right to "quiet enjoyment" of your rental property. This means your landlord or property manager cannot simply walk into your home whenever they want. They must respect your privacy and follow strict rules regarding entry.
Legal Notice Requirements
By law, your landlord must provide proper written notice before coming over. For example, they must give you 7 to 14 days' written notice before a routine inspection, and at least 72 hours' notice before entering to conduct non-urgent repairs. If they fail to provide this official notice, their entry is unauthorized and illegal.
Taking Action
If your landlord keeps showing up without warning, you must take action to protect your rights. Start by sending them a formal written notice, such as a Breach of Agreement form, explicitly stating that they are violating the terms of your tenancy by entering without correct notice.
Seeking Official Orders
If the landlord ignores your written warning and continues to enter unannounced, you can escalate the issue. You have the right to apply to the Magistrates Court of Western Australia. The court can issue a legally binding order forcing the landlord to stop the unauthorized visits, and in severe cases, may award you compensation or allow you to end the lease early without penalty.
Important exceptions
There are a few strict exceptions where your landlord can legally enter your property without giving you any prior written notice in Western Australia.
The most common exception is in the case of a genuine emergency, such as a fire, severe flooding, or a gas leak, where immediate entry is necessary to protect the property or people.
Additionally, a landlord can enter without notice if you actively give them explicit permission to do so at that exact moment, or if they have serious, reasonable grounds to believe the property has been completely abandoned.
What you should do now
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Keep a detailed written record of every time your landlord enters the property without providing proper legal notice.
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Politely but firmly remind your landlord in writing that they must provide proper notice as required by Western Australian tenancy laws.
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Issue a formal "Notice to Lessor of Breach of Agreement" form if the unauthorized visits continue after your initial warning.
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Contact Consumer Protection WA or a local tenant advocacy service like Circle Green Community Legal for free, specialized advice.
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Apply directly to the Magistrates Court of Western Australia for a binding order to stop the entries if the landlord ignores the formal breach notice.
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