You came home to a new lock. Or you came home to find the landlord in your kitchen, “just checking on things”. Or the agent let a tradesman in while you were at work, without a word. Or, after one argument about rent, your belongings were on the verandah and the door was bolted.
These are not grey areas. Every Australian state makes a lockout unlawful, restricts entry to specific grounds with specific notice, and gives the tenant compensation for the breach. Tribunals treat lockouts and illegal entry as serious because they go to the one thing a tenancy is supposed to guarantee: quiet enjoyment of your home.
Your rights
Three rights matter here. Quiet enjoyment: the landlord must not interfere with your reasonable peace, comfort and privacy. Entry rules: the landlord or agent may enter only on the grounds the Act lists (inspection, repairs, showing prospective tenants or buyers, emergency) and only after giving the notice the Act specifies (typically 24 hours to 7 days depending on the reason, in writing, at reasonable times). No self-help eviction: only a tribunal or court order, executed by the sheriff or bailiff, can remove you. Changing locks, removing doors, cutting utilities or taking your belongings is unlawful and, in most states, an offence carrying penalties. Compensation covers your actual losses (emergency accommodation, a locksmith, lost or damaged belongings, lost wages) and, in several states, the interference itself.
By state
- New South Wales. Residential Tenancies Act 2010, s 50 (quiet enjoyment) and the access provisions; recovering possession without an NCAT order is an offence. Apply to NCAT for re-entry, compensation and an order restraining the landlord.
- Victoria. Residential Tenancies Act 1997, s 67 (quiet enjoyment), s 86 (grounds and notice for entry); unlawful eviction is an offence. Apply to VCAT for compensation for breach of duty.
- Queensland. RTRA Act 2008, s 183 (quiet enjoyment), s 192 (grounds for entry); an unlawful lockout is an offence. Lodge a dispute resolution request with the Residential Tenancies Authority first; apply to QCAT once the RTA issues a Notice of Unresolved Dispute, or straight away if the matter is urgent. File within 6 months of the breach.
- Western Australia. Residential Tenancies Act 1987, s 44 (quiet enjoyment), s 46 (entry); unlawful recovery of possession is an offence. Apply to the Magistrates Court for re-entry and compensation.
- South Australia. Residential Tenancies Act 1995, s 65 (quiet enjoyment), s 72 (entry); unlawful recovery of possession is an offence. Apply to SACAT.
- Tasmania. Residential Tenancy Act 1997, s 55 (quiet enjoyment), s 56 (entry). Apply to the Residential Tenancy Commissioner or the Magistrates Court; unlawful lockouts can also be reported to CBOS.
- Australian Capital Territory. Residential Tenancies Act 1997, standard residential tenancy terms on quiet enjoyment and entry, s 83 (compensation orders). Apply to ACAT.
- Northern Territory. Residential Tenancies Act 1999, s 65 (quiet enjoyment) and the entry provisions, s 122 (compensation). Apply to NTCAT.
The Claim Done document asks your state first and drafts to that state’s entry rules, penalties and tribunal.
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What to do right now
- If you’re locked out, apply for urgent re-entry today. Every tribunal treats lockouts as urgent and can order the landlord to let you back in within days. Call the police if your belongings are being removed; unlawful eviction is an offence.
- Record everything. Photos of the changed lock, the note on the door, the tradesman’s van, the landlord in the property. Screenshots of any “notice” you did or didn’t get. Dates and times.
- Total the losses. Hotel or friend’s couch, meals, locksmith, missed work, damaged or missing property. Keep receipts.
- Send a formal breach and compensation demand. Cite the quiet-enjoyment and entry sections, describe each incident with dates, state the compensation figure, demand the landlord confirm in writing they will comply with the entry rules, and give 14 days.
- File within the time limit. Queensland is 6 months. Elsewhere, file as soon as the 14 days pass; delay reads as acquiescence.
“But it’s my house”: why that argument always loses
Landlords sometimes genuinely believe ownership includes a right to drop in. The tribunals have been clear for decades that a tenancy grants exclusive possession. The landlord’s right of entry is a narrow statutory exception, and using it outside the rules is a breach even if nothing was taken and nobody was home. A pattern of “pop-ins” or agent inspections every few weeks is exactly the kind of case where tribunals award compensation for the interference itself, and order the landlord to stop.
Keep the demand proportionate and specific. One unannounced entry with an apology afterwards is a breach, but a modest one; ask for a written undertaking and a small sum. A lockout that cost you three nights in a motel and a locksmith, or a sustained campaign of entries after you complained, is at the serious end, and the letter should say so with dates, receipts and a figure the tribunal would recognise. Members respond to claims that are pitched at the right level far better than to round-number demands with no working behind them.
Who to complain to
NCAT, VCAT, QCAT, the Western Australia or Tasmanian Magistrates Court (or the Tasmanian Residential Tenancy Commissioner), SACAT, ACAT or NTCAT for re-entry orders, compensation and restraining orders. Your state’s Fair Trading or Consumer Affairs body for the offence of unlawful eviction and for complaints about a licensed agent’s conduct. The police, immediately, for a lockout in progress or removal of your belongings.
Claim for the lockout — $49
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What happens when you put your landlord on formal notice
Same problem. What a prepared case looks like.