Photographing and Filming Tenants’ Possessions for Advertising Purposes: Consultation Paper

Act

Residential Tenancies Act 1997 (Vic)

Residential Tenancies Act 2010 (NSW)

Residential Tenancies Act 1997 (ACT)

Residential Tenancies and Rooming Accommodation Act 2008 (Qld)

Residential Tenancies Act (NT)

Residential Tenancies Act 1987 (WA)

Residential Tenancies Act 1995 (SA)

Residential Tenancy Act 1997 (Tas)

To show
the property

A right of entry may be exercised if a notice to vacate or a notice of intention to vacate has been given and entry is required to show the premises to a prospective tenant: s 86(1)(a)

A right of entry for the purpose above may only be exercised in the period of 14 days before the termination date specified in the notice to vacate or notice of intention to vacate: s 86(2)

A right of entry may be exercised if the premises are to be sold or used as a security for a loan, and entry is required to show the premises to a prospective buyer or lender: s 86(1)(b)

The tenant has a duty to permit a person exercising a right of entry in accordance with the Act to enter the rented premises: s 89

A landlord or agent may enter to show the premises to prospective tenants, without the consent of the tenant, a reasonable number of times during the period of 14 days preceding the termination of the agreement: s 55(2)(e)

If the landlord and tenant fail to agree to show the premises to prospective purchasers, a landlord or agent may enter to show the premises to prospective purchasers not more than twice in a week: s 55(2)(f)

A landlord or agent for the sale of the residential premises must make all reasonable efforts to agree with the tenant as to the days and times when the residential premises are to be periodically available for inspection by prospective purchasers: s 53(2)

A tenant must not unreasonably refuse to agree to days and times when the residential premises are to be periodically available for inspection by prospective purchases: s 53(3)

A tenant is not required to agree to the premises being available for inspection by prospective purchasers more than twice a week: s 53(4)

The tenant must permit reasonable access to the premises during the period of 3 weeks before the end of the tenancy to allow the inspection of the premises by prospective tenants:

sch 1 cl 80

The tenant must permit reasonable access to the premises to allow inspection of the premises by prospective purchasers of the premises provided the lessor intends to sell the premises: sch 1 cl 81

The landlord may enter the premises to show the premises to a prospective purchaser or tenant:

s 192(1)(f)

The lessor or agent may enter the premises to show it to a prospective purchaser or tenant only if a reasonable time has elapsed since a previous entry by the lessor or agent: s 195(4)

The lessor or agent must not allow a prospective tenant to enter the premises unless accompanied by the lessor or agent, unless

the tenant agrees:

ss 197(2)–(3)

The lessor or agent must not allow a prospective buyer to enter the premises unless accompanied by the

lessor or agent, unless

the tenant agrees:

ss 198(3)–(4)

The lessor or agent must not conduct open house inspections without the tenant’s written consent:

s 204(1)(b)

The landlord may enter the premises for the purpose of showing the premises to prospective tenants or purchasers if the entry is made during the 28 days before the termination of the agreement: s 74(1)(b)

The landlord may enter the premises to show the premises to prospective tenants or purchasers on no more than a reasonable number of occasions:

s 74(3)

An entry into the premises under this Part must be carried out in the presence of the tenant, unless the tenant has waived this right in writing, has unreasonably refused to be present or fails to attend at the agreed time: s 76(1)

The lessor may enter the premises for the purpose of showing the premises to prospective tenants, at any reasonable time and on a reasonable number of occasions during the period of 21 days preceding the termination of the agreement:

s 46(2)(f)

The lessor may enter the premises for the purpose of showing the premises to prospective purchasers, at any reasonable time and on a reasonable number of occasions:

s 46(2)(g)

If the lessor exercises a right of entry to show the premises to prospective tenants or purchasers, the tenant is entitled to be on the premises during the entry: s 46(6)

The landlord or agent may enter the premises to show the premises to prospective tenants during the period of 28 days preceding the termination of the agreement but only on a reasonable number of occasions: s 72(1)(f)

The landlord or agent may enter the premises to show the premises to prospective purchasers, on not more than 2 occasions in any 7-day period, but only at a time previously arranged with the tenant or, if agreement cannot be reached, a time within normal hours after giving the tenant reasonable notice: s 72(1)(g)

If the tenant has indicated to the landlord that he or she wishes to be present during the period when the landlord or agent is at the premises, the landlord or agent may not enter the premises unless a reasonable effort has been made to arrange for the visit to occur at a time when it is convenient for the tenant to be present (having regard to the work and other commitments of both the tenant and the persons entering the premises): s 72(2)

An owner of residential premises may enter the premises without the approval of the tenant to show the premises to one prospective tenant or purchaser only and any persons accompanying the prospective tenant if a notice to terminate or notice to vacate has been given or within 28 days of the expiry of the residential tenancy agreement. In both cases entry must take place on not more than 1 occasion on any day and on not more than 5 days in any week: ss 56(4), (4B)

An owner who wishes to let or sell residential premises may, with the prior written approval of the tenant, by notice to the public, invite prospective purchasers or tenants to inspect premises in the presence of the owner: ss 56(4A), (4C)

For a genuine purpose

N/A

N/A

N/A

N/A

N/A

N/A

The landlord or agent may enter the premises for some other genuine purpose: s 72(1)(h)(i)

N/A

Manner of entry

A person exercising a right of entry under the Act must do so in a reasonable manner and must not stay or permit others to stay on the rented premises longer than is necessary to achieve the purpose of the entry without the tenant’s consent: s 87

A landlord or agent must not stay on the residential premises longer than is necessary to achieve the purpose of the entry to the residential premises:

s 57(1)(c)

N/A

N/A

N/A

The lessor exercising a right of entry under the Act must do so in a reasonable manner and must not, without the tenant’s consent, stay or permit others to stay on the premises longer than is necessary to achieve the purpose of the entry:

ss 46(7)(a)–(b)

N/A

N/A

Act

Residential Tenancies Act 1997 (Vic)

Residential Tenancies Act 2010 (NSW)

Residential Tenancies Act 1997 (ACT)

Residential Tenancies and Rooming Accommodation Act 2008 (Qld)

Residential Tenancies Act (NT)

Residential Tenancies Act 1987 (WA)

Residential Tenancies Act 1995 (SA)

Residential Tenancy Act 1997 (Tas)

Relevant provisions

Section 67—Quiet enjoyment

A landlord must take all reasonable steps to ensure that the tenant has quiet enjoyment of the rented premises during the tenancy agreement: s 67

Section 50—Tenant’s right to quiet enjoyment

A tenant is entitled to quiet enjoyment of the residential premises without interruption by the landlord or any person claiming by, through or under the landlord or having superior title to that of the landlord: s 50(1)

A landlord or landlord’s agent must not interfere with, or cause or permit any interference with, the reasonable peace, comfort or privacy of the tenant in using the residential premises:

s 50(2)

Tenant’s use of the premises without interference

The lessor must not cause or permit any interference with the reasonable peace, comfort or privacy of the tenant in the use by the tenant of the premises: sch 1 cl 52

Unless otherwise agreed in writing, the tenant has exclusive possession of the premises, as described in the agreement, from the date of commencement of the tenancy agreement provided for in the agreement: sch 1 cl 53

Section 71—Reduction
of existing rent

ACAT must order a rent reduction if the tenant’s use or enjoyment of the premises has diminished significantly as a result of interference with the tenant’s quiet enjoyment of the premises or the tenant’s ability to use the premises in reasonable peace, comfort and privacy by the lessor: s 71(1)(c)

Section 183—Quiet enjoyment

The lessor must take reasonable steps to ensure the tenant has quiet enjoyment of the premises: s 183(1)

The lessor or lessor’s agent must not interfere with the reasonable peace, comfort or privacy of the tenant in using the premises: s 183(2)

Section 65—Tenant to be able to use and enjoy property

The tenant is entitled to quiet enjoyment of the premises without interruption by the landlord or a person claiming under the landlord or with superior title to the landlord’s title: s 65(a)

The landlord will not cause an interference with the reasonable peace or privacy of a tenant in the tenant’s use of the premises:

s 65(b)

Section 44—Quiet enjoyment

The tenant is to have quiet enjoyment of the premises without interruption by the lessor or any person claiming by, through or under the lessor or having superior title to that of the lessor:

s 44(2)(a)

The lessor must not cause or permit any interference with the reasonable peace, comfort or privacy of the tenant in the use by the tenant of the premises: s 44(2)(b)

Section 59E—Interference with quiet enjoyment

A lessor who causes or permits interference with the reasonable peace, comfort or privacy of the tenant in the tenant’s use of the premises commits an offence: s 59E(1)

Section 65—Quiet enjoyment

The tenant is entitled to quiet enjoyment without interruption by the landlord or a person claiming under the landlord or with superior title to the landlord’s title:

s 65(1)(a)

The landlord will not cause or permit an interference with the reasonable peace, comfort or privacy of the tenant in the tenant’s use of the premises: s 65(1)(b)

If the landlord causes or permits interference with the reasonable peace, comfort and privacy of the tenant in the tenant’s use of the premises in circumstances that amount to harassment of the tenant, the landlord is guilty of an offence: s 65(2)

Section 55—Quiet enjoyment

A tenant has the right of quiet enjoyment without interference by the owner of the premises: s 55(1)

An owner of residential premises must not interfere with the reasonable peace, comfort and privacy of the tenant in using those premises: s 55(2)