Can a tenant refuse an open house in WA?

So, a rental property is up for sale. Maybe it’s the one you’re living in, and now strangers are wandering through your space. Or maybe you’re the owner, wondering if you even have the right to host open homes while a tenant is still in place.

In Western Australia, tenancy laws try to balance both sides. The law gives landlords the ability to sell while also protecting tenants’ privacy. While open homes are allowed, they come with strict rules, including proper notice periods and respect for the tenant’s quiet enjoyment of the property.

Tenants don’t have to say yes to every inspection, and landlords can’t just open the doors whenever they like. Here’s what the law actually says.

When can a landlord hold an open house?

In WA, landlords are allowed to hold open houses while a property is tenanted, but they have to follow the law. Tenancy laws give them the right to show the property to prospective buyers, but they can’t just schedule inspections whenever they feel like it.

First, they need to give you at least 14 days’ written notice that the property is being sold. After that, they must provide reasonable notice before each viewing—typically 24 to 48 hours in advance. They also have to make sure inspections are at a reasonable time and don’t disrupt your day-to-day life too much.

There’s no hard rule on how many open homes they can hold, but the law says it has to be “reasonable.” If inspections are happening too often or at inconvenient times, you may have grounds to push back.

While you can’t stop the sale process, you do have the right to a fair amount of privacy. If a landlord or agent isn’t following the law, they could be in breach of the tenancy agreement.

Can a tenant refuse an open house in WA?

Now, this is where things get interesting. Tenants can’t outright refuse an open house, but that doesn’t mean landlords have unlimited access. The law requires landlords to follow specific rules when arranging inspections, and if they don’t, tenants may have grounds to say no.

A tenant can object to an open house if:

• They haven’t been given the required 24 to 48 hours’ notice.
• The landlord is scheduling inspections too frequently, causing excessive disruption.
• The timing of the open house is unreasonable, such as late at night or early in the morning.
• The landlord or agent enters without permission or fails to follow proper procedures.

Tenants also have the right to be present during inspections if they choose, and they don’t have to leave the property just because an open house is happening.

Negotiating a fair outcome

As the tenant

If you’re a tenant, you have the right to ask for reasonable conditions around open homes. This could mean:

• Requesting that inspections only happen at certain times (e.g., weekends or evenings if weekdays are disruptive).
• Limiting the number of open homes per week to avoid excessive disruption.
• Asking for a property manager or landlord to be present during inspections.
• Requesting written confirmation of viewing times so there are no last-minute surprises.

A polite but firm conversation with your property manager can often help set expectations. Email is usually best, as it creates a written record in case things escalate. If they ignore your requests and overstep, you may have grounds to file a complaint.

As the landlord or agent

As we mentioned previously, landlords and agents have a right to market the property, but keeping the tenant onside makes the process much easier.

Giving plenty of notice, scheduling inspections at reasonable times, and being flexible where possible can help avoid unnecessary disputes. A cooperative tenant is more likely to keep the property presentable, making for a smoother sale process.

What if there’s a dispute?

Even with the best intentions, disagreements can happen. If a tenant feels their rights are being ignored or a landlord believes the tenant is being unreasonably difficult, there are steps both parties can take to resolve the issue.

Step 1: Try to resolve it directly

A simple conversation can often clear up any misunderstandings. Tenants can explain their concerns, and landlords can outline their legal rights. A compromise might be all that’s needed.

Step 2: Seek advice from Consumer Protection WA

If talking it out doesn’t work, tenants can contact Consumer Protection WA for advice. They can clarify legal rights and suggest next steps before things escalate further.

Step 3: Apply to the Magistrates Court

If the dispute remains unresolved, either party can apply to the Magistrates Court of WA for a formal ruling. The court will assess what’s “reasonable” based on the situation.

Skip the stress, we got this

Dealing with open homes can be a hassle, whether you’re a tenant protecting your privacy or a landlord navigating the sale process. Instead of stressing over notices, negotiations, and legalities, let the experts handle it.

With professional property management in Perth, we make sure everything runs smoothly, keeping you compliant and your best interests protected. Get in touch with Semple Property Group and leave the hard work to us.