What the law says
The rental provider
Before signing a lease
If the rental provider already has plans to sell the property before they enter into a fixed term rental agreement (lease) with you, they must tell you this [section 30D].
Note that all the sections in brackets on this page, such as [section 30D], refer to the Residential Tenancies Act 1997.
After you have moved in
If the rental provider wants to sell, the law says they can enter your home for these reasons:
- To show the property to a prospective buyer, including having open for inspections [section 86]
- To take photos or videos for advertising the property for sale [section 89A]
However, they must:
- Give you proper written notice with the minimum required notice period stating why they wish to enter (see the section on this page headed ‘Notice of intention to sell’) and
- Not enter the property outside the hours of 8am and 6pm, or on public holidays [sections 85 and 86]
If someone else needs to enter, such as a sales agent, photographer or prospective buyer, they can also enter if all of the requirements under the law 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]
Note that on this page sections in brackets, such as [section 87], refer to sections in Victoria’s Residential Tenancies Act 1997.
If the purpose of the entry is to show the property to prospective buyers, the rental provider must also:
- Give you proper written notice of their intention to sell at least 14 days before any proposed entry (see the section on this page headed ‘Notice of intention to sell’) and
- Make all reasonable efforts to agree with you on days and times for the property to be available for inspection
Entries for sales inspections cannot take place more than twice a week and cannot last for more than an hour.
Also, you must be paid compensation equal to half a day’s rent or $30, whichever is greater, for every sales inspection.
Photos and videos for advertising
If the purpose of the entry is to take photos or videos for advertising the property for sale, the rental provider must also make a reasonable attempt to come to an agreement with you on a suitable time for entry [section 89A].
- Must allow the 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
- Can apply to VCAT, the Victorian Civil and Administrative Tribunal, for an order stopping them from entering – see the section on this page headed ‘Restraining orders’ [sections 91and 452]
Remember that it is an offence for the rental provider or agent to enter your home if they have not followed the proper 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 VCAT for a restraining order.
Notice of intention to sell
If the rental provider wants to enter your home to show it to prospective buyers, they must give you a ‘notice of intention to sell’ form at least 14 days before proposing to enter your home [section 86(2A)].
This notice must be given even if they told you before you signed a lease that they had plans to sell the property.
Notice of entry and minimum notice periods
Unless the rental provider or agent follows the correct procedures, it is an offence for them to enter your premises without a reasonable excuse [section 91A].
They must give you proper written notice.
If they wish to enter to:
- Show prospective buyers the property, including having an open for inspection, you must be given at least 48 hours’ notice
- Take photos or videos to advertise the property for sale, you must be given at least 7 days’ notice
The notice of entry must:
- Be in writing
- State the reason under the law that allows for the entry
- Be given to you in advance to make sure you get the minimum notice period [sections 88 and 86]
The notice of entry can be given to you:
- In person, between 8am and 6pm
- By mail, in enough time for the mail to be delivered; check Australia Post delivery times
- By electronic communication (such as email) if you have given written consent to receive notices this way. See our page Starting a tenancyfor more information on consenting to have notices sent electronically [section 88]