Notice of entry - Rules for showing the property.

What are the rules for showing the property to renters?

In the event that the renter has given notice of their intention to vacate or the rental provider has given a notice to vacate, the rental provider or their representative may enter the property to show it to potential renters. One group of renters can be shown the property at a time, or an open inspection can be held, provided that it occurs no later than 21 days before the rental agreement's end date, which will be specified in the notice of intention to vacate or notice to vacate.

The rental provider or their representative is limited to showing the property to potential renters no more than twice a week and for no longer than one hour per visit, unless the current renter agrees to different arrangements.

If a person living at the property is considered a "protected person" under family violence or personal safety laws, the rental provider or their representative may only show the property to potential renters by appointment, not through open inspections. A protected person is anyone who has applied for or been given a family violence intervention order, a family violence safety notice, a non-local DVO, or a personal safety intervention order.

What are the rules for showing the property to buyers or lenders?

If the rental property is being sold or the rental provider wants to borrow money using the property as collateral, the rental provider or their representative may enter the property to show it to potential buyers or lenders.

However, if the rental provider intends to show the property to potential buyers, they must inform the renter at least 14 days before entering the property, using the Notice of Intention to Sell the Property form.

The rental provider or their representative should make a reasonable effort to arrange a time for property inspection that is mutually agreeable with the renter. Reasonable effort implies behaving fairly in a manner that most people would consider appropriate.

The rental provider or their representative may only show the property to potential renters twice a week, for a maximum of one hour each time. The rental provider may request that the current renter agree to different arrangements.

Rental providers must compensate renters for each sales inspection, either half a day's rent or $30, whichever is greater. For example, a weekly rent of $250 would result in $30 in compensation per inspection because half a day's rent is approximately $18. However, a weekly rent of $900 would result in $64 in compensation per inspection.

If a person living on the property is a "protected person" under family violence or personal safety laws, they may request that the property be shown to potential buyers only by appointment, not through open inspections. A protected person refers to someone who has requested or received a family violence intervention order, a family violence safety notice, a non-local DVO, or a personal safety intervention order.

What are the rules for taking photos or making videos to advertise the property?

If the renter is concerned that the photos or videos taken for advertising purposes may show their belongings that reveal sensitive information or directly identify them or anyone living on the property, they may express their objections in writing. Additionally, if the belongings are valuable and could potentially increase the risk of theft, or if they are difficult to remove or hide, or if they could disclose the identity of someone at the property who is at risk of family or personal violence, the renter may object in writing as well.

If the renter objects, the rental provider or their agent cannot take photos or videos that reveal any of these things.

If the renter has requested the rental provider not to include any identifiable or valuable possessions in the advertising material, they may request to view the material before it is used. In this case, the rental provider or their agent cannot use the photos or videos until the renter has given written agreement.

If the rental provider or their agent intends to use a photo or video for advertising purposes that was not originally intended for advertising, they must obtain written permission from the renter before using it.