What the law says
Rental providers or agents
The rental provider or their agent can enter your home if:
- The reason they wish to enter is allowed under the Residential Tenancies Act 1997, and
- They have given you proper written notice, the minimum notice period, and said why they want to enter, and
- The entry is between 8am and 6pm, but not on public holidays [sections 85 and 86]
If the reason for entry is not allowed under the law, they can only enter if you have agreed to allow them, no more than 7 days before the day they want to enter [section 85].
If someone else needs to enter, for example a tradesperson for repairs, they can also enter if the above requirements have been met [section 85].
Anyone entering your home must:
- Do so in a reasonable manner, and
- Not stay any longer than is necessary to achieve the purpose of the entry [section 87]
It is an offence for the rental provider or agent to enter your home if they have not followed the entry requirements under the law, unless they have a reasonable excuse, such as an emergency situation [section 91A].
You can report offences to Consumer Affairs Victoria (CAV) which can issue an infringement notice on the rental provider or agent if they have failed to follow the law. You can also apply to the Victorian Civil and Administrative Tribunal (VCAT), for a restraining order.
Note that sections in brackets, such as [section 87], refer to sections in Victoria’s Residential Tenancies Act 1997.
The renter must allow entry if the rental provider, or their agent, has followed all the laws [section 89].
However, if the rental provider or their agent has not followed the laws, the renter:
- Does not need to allow the entry, and
- Can apply to VCAT for an order stopping them from entry