Managing the new entry restrictions, open homes and private inspections: Residential sales

Sales agents (and property managers) need to be aware of new entry restrictions that will impact the sale of tenanted properties from 1 May 2025.

New Entry Restrictions and Penalties

Under the new section 195A of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) (RTRA Act), if a Form 12 Notice to Leave or Form 13 Notice of Intention to Leave has been issued, a lessor or their agent (including both their sales agent and property manager) are prohibited from entering a premises more than 2 times in a 7-day period.

This means that if a rental property is being sold and a Form 12 or Form 13 has been issued, then both the property manager and the sales agent cannot arrange more than two entries in total within a seven-day period. These changes will impact how and when open homes and private inspections can be scheduled.

For example, if a sales agent has listed a property for sale and would like to schedule a private inspection with a prospective buyer, if the property manager has already scheduled two entries within the relevant seven-day period, then the private inspection cannot lawfully occur. 

There are limited exceptions, including if an entry is required in the event of an emergency, or if an entry occurs with the tenant’s consent. See the REIQ’s New Tenancy Laws Toolkit for more detailed information about the new entry restrictions and exceptions.

If the lessor or their agent has entered more than two times in a seven-day period (without an exception applying), then this may be a breach of the legislation and deemed an unlawful entry.  Unlawful entry can result in fines of up to $3,226 (as at 1 May 2025). The agent that enters unlawfully will be liable for breaching the RTRA Act, even if they were not aware of how many entries had already occurred.

Open Homes and Private Inspections

Under section 204 of the RTRA Act, a lessor or their agent must obtain the tenant’s consent to hold an open home at the property.  It is not sufficient to simply issue a Form 9 Entry Notice, because an open home is not a prescribed reason for entry under section 192 of the RTRA Act. 

On the other hand, if a private inspection is scheduled then the tenant’s consent is not required and the agent must issue a Form 9 Entry Notice, giving the tenant 48 hours’ notice of the private inspection. 

As the tenant’s consent is required for an open home, holding an open home will not count as one of the two entries within a seven-day period. For a private inspection, however, unless the tenant provides their consent, this type of entry will count as one of the two entries within a seven-day period.

If a private inspection needs to be scheduled and there are already two scheduled entries within a seven-day period, there may be limited options available to the agent such as:

1. seeking the tenant’s consent;
2. grouping the private inspection with another entry that is already scheduled; or
3. trying to reschedule one of the other entries, if appropriate in the circumstances.

Determining the best course of action will typically lie with the client’s property manager.  Given the nature of each party’s roles, sales agents may not possess the same depth of knowledge or experience with tenancy laws as property managers.  Sales agents may need to rely on property managers for guidance on navigating through these new requirements.

Strategies for Coordinating Entries

It is essential that property managers and sales agents communicate and work together to ensure that both parties are not disadvantaged by the other party with how/when entries are scheduled.  Ideally, the property manager should have oversight of all entries and should be the party issuing the Form 9 Entry Notice.

Below are some strategies to ensure sales agents and property managers effectively co-ordinate their entries:

1. Initial Communication:  once a sales agent is appointed, they should contact the property manager and communicate about how entries will be co-ordinated. This will minimise potential conflict between the sales agent and property manager and improve the experience of the tenant during the sale process, as well as mitigating the risk of non-compliance.
2. Weekly Check-Ins: Schedule regular meetings or calls to discuss upcoming entries and any changes in the schedule. This helps ensure everyone is on the same page and avoids last-minute conflicts.
3. Stick to Planned Entries: Create a detailed entry schedule and adhere to it. This reduces the risk of exceeding the allowed number of entries and ensures all parties are aware of the planned visits.
4. Group Entries: Whenever possible, combine multiple purposes into a single entry. For example, if the property manager needs to enter for smoke alarms compliance or a valuation, schedule a private inspection at the same time (if appropriate in the circumstances).

Handling Non-Cooperation

Both sales agents and property managers are appointed by the same client.  In accordance with agency law requirements, both must at all times act in the best interests of their client. 

The REIQ recommends that both parties work together collaboratively and with open communication to ensure that all entries that are required for selling the property or managing the property can be accommodated lawfully. 

If one party feels that the other is not co-ordinating their entries, then it is recommended that they have a discussion with the client and raise their concerns about the risk of unlawful entries.  The client should instruct both parties to co-ordinate entries with one another.

Read more REIQ articles.