What can I do if my landlord keeps entering without proper notice in New South Wales?

Answer

You have the legal right to stop your landlord from entering without notice in New South Wales because it breaches your right to quiet enjoyment. You must first issue a formal written notice demanding they stop. If the unauthorized visits continue, you can apply to the NSW Civil and Administrative Tribunal (NCAT) for binding orders and compensation.

Residential Tenancies Act 2010 (NSW) - Section 55
Last UpdatedMay 1, 2026

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How it works in practice

As a tenant in New South Wales, your privacy is strongly protected by residential tenancy laws.

Your Right to Quiet Enjoyment

Under New South Wales tenancy laws, you have a fundamental right to "quiet enjoyment" of your rental property. This means your landlord or real estate agent cannot turn up unannounced, enter without your permission, or disrupt your peace, comfort, and privacy.

When Access is Permitted

A landlord can only enter the premises under very specific circumstances outlined in the Residential Tenancies Act 2010. For routine inspections, they must give you at least seven days' written notice. For repairs or maintenance, they must provide at least two days' notice. They can never use a spare key to walk in whenever they feel like it.

Taking Formal Action

If your landlord repeatedly ignores these rules, you do not have to tolerate the intrusion. The first step is to formally notify them that they are breaching the tenancy agreement. This creates a paper trail documenting their illegal behavior.

If the written warnings are ignored and they continue to enter without proper notice, you can escalate the matter. You have the right to apply to the NSW Civil and Administrative Tribunal (NCAT) to request a legally binding order forcing the landlord to stop the unauthorized entries, reduce your rent, or even award you financial compensation.

Important exceptions

There are specific emergency situations where a landlord is legally allowed to enter the property without giving you any prior notice in New South Wales.

A landlord can enter immediately if there is a genuine emergency, such as a fire, a burst water pipe causing severe flooding, or a dangerous gas leak that threatens safety or property.

They can also enter without notice if they have serious and urgent concerns for the health or safety of a person inside the property, or if they reasonably believe the property has been abandoned. In all other standard situations, notice is mandatory.

What you should do now

  1. Keep a detailed written log of every time the landlord enters or attempts to enter your property without providing the required legal notice.

  2. Send a formal email or letter to the landlord or agent explicitly stating they are breaching your right to quiet enjoyment under the Residential Tenancies Act.

  3. Request in writing that all future communications and notices for property access be provided strictly in accordance with NSW tenancy laws.

  4. Contact the Tenants' Union of NSW or Fair Trading NSW for free, official advice specific to your ongoing situation.

  5. Apply to the NSW Civil and Administrative Tribunal (NCAT) for an order to stop the unauthorized entries or to seek compensation if the behavior continues.

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