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Landlord Entered Without Notice? The Formal Notice to Send

Unannounced inspections and surprise visits breach the notice rules for entry in Australian residential tenancies laws. Here is the notice that puts the breach on record.

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Topics: breach, entry, notice to remedy, tenancy

You came home to find the landlord (or the agent, or a tradesperson) had been inside without notice. Or you got a text 30 minutes before an “inspection”. In every Australian state and territory, residential tenancy law specifies how much notice must be given for entry, and what type of entry is permitted — and unannounced visits are nearly always a breach.

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The notice rules in your state

New South Wales: Residential Tenancies Act 2010 — 7 days’ notice for general inspections (max 4 per year), 2 days for repairs, 14 days for the first inspection during a sale. NCAT enforces. Victoria: Residential Tenancies Act 1997 — 7 days for inspections (max 6-monthly after the first 3 months), 24 hours for repairs. VCAT. Queensland: Residential Tenancies and Rooming Accommodation Act 2008 — 7 days’ notice for inspections (max 3-monthly), 24 hours for repairs. QCAT. Western Australia: Residential Tenancies Act 1987 — 7–14 days depending on purpose. Magistrates Court. South Australia: Residential Tenancies Act 1995 — 7–14 days. SACAT. Australian Capital Territory: Residential Tenancies Act 1997 — 7 days. ACAT. Tasmania: Residential Tenancy Act 1997 — 24 hours to 7 days. The Residential Tenancy Commissioner or the Magistrates Court. Northern Territory: Residential Tenancies Act 1999 — 24 hours to 7 days. NTCAT.

Common landlord excuses and why they fail

“It was urgent.” Genuine emergencies (burst pipe, fire) permit immediate entry; routine inspections do not. “I texted you.” Statutory notice generally requires written notice with the prescribed period — a 30-minute text is not lawful notice. “You weren’t answering.” Failure to reach you does not waive the notice requirement. “I was just dropping something off.” Entry without consent or proper notice is a breach regardless of duration or purpose.

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What the document does

A Notice to Remedy Breach (or state equivalent) puts the landlord on formal written notice that they have breached the tenancy agreement and the Residential Tenancies Act, identifies the specific entry events, demands compliance with proper notice rules going forward, and creates the paper trail needed for tribunal compensation or termination if breaches continue.

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Agents respond to formal notices because they know what happens at the tribunal if they don't.
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What Claim Done delivers

For a flat fee, Claim Done drafts your Notice to Remedy Breach with the correct Act and section citations for your state, the dates and nature of entries, and the remedy demanded. Around ten minutes in the wizard, no solicitor needed.

What happens after

Most landlords and agents stop the conduct immediately once a formal notice arrives because the next step is a tribunal application for compensation (typically $200–$1,000 per breach in New South Wales and similar in other states) and potentially termination of the tenancy in your favour.

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What happens when you put your landlord on formal notice

Same problem. What a prepared case looks like.

Before — doing it yourself
You email the agent. "We'll pass it on."
You follow up. Nothing.
Weeks pass. You keep paying rent.
You feel powerless in your own home.
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After — a formal Notice to Remedy Breach
A formal Notice to Remedy Breach cites the exact section of the Act.
It sets the deadline the law gives them.
It records exactly what you asked for and when.
If nothing changes, you have the record the tribunal will ask for.
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Getting it drafted

Can I have a Notice to Remedy Breach drafted for me instead of writing it myself?

Yes. Claim Done (claimdone.com.au) drafts a Notice to Remedy Breach from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=notice-to-remedy-breach. Claim Done is not a law firm and does not give legal advice.

How much does a Notice to Remedy Breach cost, and how long does it take?

$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.

Do I need a lawyer to send a Notice to Remedy Breach in Australia?

No. There is no legal requirement to use a solicitor to write or send a Notice to Remedy Breach; many people send their own. Claim Done drafts it for you and you approve it before it is sent.

What does Claim Done do that a free Notice to Remedy Breach template doesn't?

It drafts the Notice to Remedy Breach from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.

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