August 5, 2021

Protecting a rental occupier’s right to privacy

When you rent a property, you can expect to enjoy it as your own, courtesy of what’s known as ‘the right to quiet enjoyment and privacy’.

This might be phrased slightly differently in each state and territory, but the general principles are protected under the law.

So, what exactly is a rental occupier’s right to privacy and how does it work?

What is the right to privacy for a rental occupier?

A rental occupier’s right to privacy basically means you are entitled to enjoy the property without feeling overly observed or disturbed by either the rental owner or a property manager.

The right to quiet enjoyment means you are entitled to use that property in a way that is peaceful and in accordance with the lease, without interference.

Both these rules are designed to protect the rental occupier and ensure you can enjoy your time in the home in comfort and privacy.

That said, there will be times the property manger and rental owner need to access the property, but there are strict rules for when and how this can occur.

How the right to privacy works

The right to privacy and quiet enjoyment is part of the reason property managers and rental owners need specific reasons to attend a rental property and are required to provide sufficient notice.

Some of the reasons a rental owner, property manager, or tradesperson might need to attend a property include:

  •         To conduct a routine inspection
  •         To conduct repairs or maintenance
  •         To follow up on repairs or maintenance
  •         To ensure a breach has been remedied
  •         To show the place to a new tenant if the rental agreement is coming to an end and you or the rental owner are not renewing the agreement
  •         To show the place to a new buyer

In each of these situations, the rental occupier must be given adequate notice, although the length of notice required varies depending on the reason for entry.

Basically, the aim of this notice is to ensure someone doesn’t just turn up at the property you rent at any time.

For example, routine inspections require at least seven days’ notice in most states. The number of inspections each year are also limited. In Queensland, for example, a routine inspection can only be scheduled once every three months and a maximum of four times a year.

When can a property manager or owner enter without notice?

To protect your right to privacy and quiet enjoyment, there are very few reasons a property manager or owner can enter a property without sufficient notice.

Examples include:

  •         If there is an emergency and the rental owner’s entry is necessary to protect life or property
  •         The rental owner has obtained an order from the relevant authority that gives them permission to enter
  •         The rental occupier has “abandoned” the rental property, according to the relevant regulations

Your privacy is a priority

The right to quiet enjoyment and privacy is taken seriously under the law, and if it’s not adhered to, the property owner or property manager can be issued with a breach notice.

In most cases, rental owners appreciate it is part of their responsibility to ensure you can live in the home in peace, privacy and comfort, but it is reassuring to know that right is protected under the law.

How we can help

Our experienced property managers pride themselves on establishing great relationships with both rental occupiers and owners.

We manage every property as if it were our own and you can learn more about our property management services here.

Alternatively, if you are looking to rent a property, you can view the properties we currently have available here.