Quiet enjoyment
The Residential Tenancies Act 1997 states that you have a right to 'quiet enjoyment' of your rented home. The landlord, agent or anyone acting on their behalf (eg tradespeople) do have some rights of entry, but they must comply with certain requirements. If they do not comply, you do not have to let them into your home.
Rights of entry

The landlord or agent may only enter the property when

• a Notice to Vacate or a Notice of Intention to Vacate has been given and will expire in less than 14 days, and they want to show the premises to a prospective tenant
• the premises are to be sold or used as security for a loan and they want to show a prospective buyer or lender through the premises
• they have to enter to carry out a duty under the tenancy agreement, or the Residential Tenancies Act 1997 or another law
• they are having the property valued
• they have reasonable grounds to believe you have failed to comply with your duties under the tenancy agreement or the Residential Tenancies Act 1997
• they want to inspect the premises, and an inspection has not been made within the last 6 months
  If the landlord or agent wants to enter your home, they must
• give you at least 24 hours written notice of their intention to visit, stating the reason they want to visit and the time they intend to visit
• deliver the notice by post or give it in person to the tenant between the hours of 8am and 6pm (if the notice is delivered by mail, the landlord must allow an extra 2 days for delivery)
• only visit between the hours of 8am and 6pm, and not on public holidays
• not stay longer than is necessary

The landlord or agent may also enter if you have agreed to the entry up to 7 days beforehand.

You have a duty to permit the landlord, agent or tradesperson to enter the premises, even if the time is not suitable for you or you will not be there. If they have given proper notice the person may enter, even if you do not consent or you will not be there. The person entering must behave in a reasonable manner, and can stay only for as long as is necessary to achieve the purpose of the entry. If your property is damaged or stolen during the entry, the landlord or agent may be held responsible. See the Claiming compensation leaflet for more information.

Restraining Orders
If your landlord or agent has not complied with the notice requirements, or has been making frequent or harassing visits, you should consider applying to the Victorian Civil and Administrative Tribunal for a Restraining Order. Harassing phone calls or letters may also be restrained since they are a breach of your right to quiet enjoyment. A Restraining Order can prohibit or restrict the landlord or agent from entering the premises or contacting you, and can be enforced by the police. It is a serious offence if the landlord or agent breaches a Restraining Order and they may be fined.

Moving out
If the landlord or agent's harassing behaviour is persistent, you may wish to end your tenancy and move out. If you are not on a fixed-term tenancy agreement, you can simply give 28 days written notice and move out. In some circumstances you may be entitled to give only 14 days written notice. See the When you want to leave leaflet for more information.

If you have a fixed-term tenancy agreement, you will need to give the landlord a written 14-day Breach of Duty Notice. You can then apply for a Compliance Order from the Tribunal. If they still do not stop the behaviour, you can serve a 14-day Notice of Intention to Vacate. However, if the landlord remedies the breach during this period, your notices may cease to have effect. See the When you want to leave leaflet for more information. You should seek advice from the Tenants Union or a tenant advice service before taking this course of action.

You may also be eligible for compensation for any loss, inconvenience or damage caused by the landlord or agent's failure to respect your privacy, or for any damage or loss caused during inspections. See the Claiming compensation leaflet for more information.

Locks
If you change any lock on the property, the Residential Tenancies Act 1997 requires you to give the landlord a copy of the key. It is not recommended that you change the locks in order to protect your privacy. If you refuse to give the landlord a key, they may serve you with a Breach of Duty Notice. See the Notices to Vacate leaflet for more information. If your landlord is refusing to respect your privacy, you should apply for a Restraining Order rather than change the locks.

You may not change any lock that is part of a master key system (where there is one master key which fits several locks, such as all the doors in one block of flats) without first getting the landlord's consent. If the landlord unreasonably withholds consent, you can apply to the Tribunal for an order that you be allowed to change the lock without their consent.

It is illegal for the landlord to lock you out of the property, unless they have obtained a Warrant of Possession which has been executed by the police. If you have been locked out illegally, you should apply for an urgent hearing at the Tribunal to be let back in, and for an order restraining the landlord from doing so again. See the Eviction leaflet for more information.

Confidentiality
Unfortunately, the only privacy legislation in force in Victoria (the Privacy Act 1988) does not apply to landlords or real estate agents. This Act applies only to personal information collected by federal government departments or agencies and credit providers.

Estate agents are not permitted to have access to files on your credit history held by any credit reporting agencies, unless you consent in writing.

Estate agents are also bound by the Estate Agents (Professional Conduct) Rules 1981. One of these rules prohibits an estate agent from disclosing confidential information. If you provide information to an agent which is clearly confidential, this information cannot be disclosed to another party. If you believe an estate agent has passed on confidential information, you should make a complaint to the Estate Agents Licensing Authority. See the Complaints about estate agents and landlords leaflet for more information.

For more information, please contact the Tenants Union on % (03) 9416 2577.