A rental property can be put on the market while a tenant is living there, but that does not give an owner unlimited access. So, can tenants refuse open homes in NSW? Yes. A tenant must give written consent before an open home can take place. They cannot be forced to agree simply because the property is being sold.
For landlords, this can feel like a significant limitation when timing and buyer competition matter. For tenants, it is a safeguard for privacy, security and quiet enjoyment of the home. The best outcome usually comes from setting clear expectations early, respecting the legal process and making the property accessible in a practical, well-managed way.
Can tenants refuse open homes in NSW?
Under NSW residential tenancy rules, an agent or landlord needs the tenant’s written agreement before holding an open home at an occupied rental property. If the tenant says no, the open home cannot proceed.
This requirement recognises the difference between a private inspection and an open home. An open home can bring a large and changing number of strangers through a tenant’s living space. It may disrupt family routines, work-from-home arrangements, pets, security and personal belongings. Written consent gives the tenant control over whether that happens.
A tenant is also not required to leave the property for an open home or inspection. They may choose to be present, and they can reasonably expect the agent to supervise visitors and respect the home.
Written consent should be clear rather than assumed. A casual verbal conversation is not the right foundation for a process that affects access to someone’s home. If a tenant agrees to one open home, the agreement should state the proposed date and time. It does not automatically mean they have agreed to every future open home campaign.
What access must a tenant allow when the property is for sale?
Refusing an open home does not necessarily mean a tenant can refuse all buyer inspections. NSW law allows a landlord or agent to arrange access for prospective purchasers, provided the required process is followed.
Before buyer inspections begin, the tenant must receive written notice that the owner intends to sell the property. This notice needs to be given at least 14 days before the first inspection for sale purposes.
After that, individual inspections can generally be arranged with at least 48 hours’ written notice. Access must be at a reasonable time and cannot occur more than twice in a week. The specific notice, timing and frequency rules matter. Turning up unannounced, repeatedly changing inspection times or treating the tenant’s home as a display suite is not acceptable.
In practical terms, a tenant may decline an open home but still need to provide access for properly notified private buyer appointments. A good sales strategy can work within this framework. Qualified buyers can be booked into set inspection windows, which often produces a more controlled experience for everyone.
The difference between an open home and a private inspection
An open home is a set public viewing period where multiple prospective buyers may attend without individual appointment bookings. It requires the tenant’s written consent.
A private inspection is a scheduled appointment for a prospective purchaser or small group. Provided the owner or agent has given the appropriate sale notice and 48 hours’ written notice for the appointment, the tenant must generally allow reasonable access. These inspections remain subject to the limit of two per week.
For a landlord, the distinction is commercially important. If open homes are not available, well-organised private inspections, strong photography, accurate property information and responsive buyer follow-up can still create meaningful competition.
Why a tenant might say no to open homes
A refusal is not always about being difficult. Tenants may have genuine concerns about security, their possessions, young children, shift work, illness, pets or the disruption of preparing a home for public view each weekend.
They may also worry about personal documents, medication, valuables or technology being visible during inspections. These concerns deserve a professional response, particularly where the tenancy has otherwise been stable and well maintained.
Landlords should avoid framing the issue as a choice between the sale and the tenant’s rights. An occupied property can be sold successfully, but it requires planning. An agent should discuss the campaign with the tenant before marketing begins, explain the proposed inspection approach and give them a direct point of contact if issues arise.
A practical approach for landlords selling a tenanted property
The first step is to decide whether selling with the tenant in place is the right commercial decision. A current tenancy can appeal to investors because it provides immediate rental income. On the other hand, owner-occupier buyers may prefer vacant possession and unrestricted open-home access. The likely buyer pool, lease end date, rental return and local demand should all be considered before launching the campaign.
If the property will be sold while occupied, give the tenant the formal notice correctly and early. Then have a respectful conversation about what access could work. A tenant may be comfortable with one short open home on a particular day, or they may prefer private inspections only. There is no benefit in promising buyers a campaign format that cannot legally proceed.
It also pays to keep inspection windows focused. Rather than requesting access at random times across the week, group qualified buyers into one or two convenient sessions. Give clear notice, confirm appointments and ensure every visitor is accompanied. This reduces disruption and shows the tenant that their time is being taken seriously.
For landlords in Blacktown and across Western Sydney, this approach can be particularly useful in active markets where buyers are prepared to book inspections quickly. A well-priced home with professional presentation and qualified private appointments does not need constant open homes to attract genuine interest.
Handling presentation without putting pressure on the tenant
An agent can ask whether the tenant is willing to present the property neatly for inspections, but they cannot demand showroom-level styling or expect a tenant to spend money preparing the home for sale. The property remains the tenant’s home for the duration of the agreement.
Offer practical support instead. Provide reasonable notice, keep visits short, avoid unnecessary repeat appointments and make sure the agent secures the property after every inspection. If marketing photos are being planned, discuss privacy concerns before photographers attend. Personal items, family photographs, paperwork and valuables should not become part of the campaign.
Some landlords choose to offer a small rent reduction or another agreed gesture in return for extra cooperation. This is not automatic, and the arrangement should be documented clearly. It may be worthwhile where the tenant is willing to accommodate open homes or more flexible inspection times, but the agreement must be voluntary.
What tenants should do if access requests become unreasonable
Tenants should keep communication in writing and check whether the correct sale and inspection notices have been provided. If they are willing to allow access but need certain times avoided due to work, children or pets, putting that request in writing can help the agent organise inspections effectively.
If an open home is proposed, the tenant can simply state whether they consent in writing. They do not need to justify a refusal. If they do consent, they should confirm the specific date, time and any reasonable practical arrangements, such as the agent supervising all visitors.
Where an agent or landlord enters without proper notice, attempts to hold an open home without consent, or repeatedly disrupts the tenancy, the tenant may seek advice about their options through NSW tenancy support services or the NSW Civil and Administrative Tribunal. The rules can change and individual circumstances matter, especially where a fixed-term agreement, termination notice or vacant-possession sale is involved.
Clear communication protects the sale and the tenancy
Selling a tenanted property is not just a legal process. It is a relationship-management exercise with real financial consequences for the owner and real day-to-day consequences for the tenant. An aggressive approach can lead to conflict, restricted access and a weaker campaign. A planned approach gives buyers a better experience while protecting the tenant’s right to live peacefully in the property.
The strongest result usually comes from treating the tenant as a key stakeholder in the sale, setting lawful inspection arrangements from the start and adapting the campaign to the access that is genuinely available.
