‘Please make yourself available’ or pay up to $330—the rental threat no tenant should ignore
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Some NSW renters say they’ve been ordered to stay home for smoke alarm checks—or risk paying hundreds in fees.
But it turns out, those threats might not hold up legally.
So why are real estate agents still getting away with it?
Lauren Gillin was stunned when her Sydney real estate agency demanded she be home for a smoke alarm inspection—or pay a $90 fee if she wasn’t.
Seven days before the scheduled visit, Rich & Oliva told her she needed to be available during a two-and-a-half-hour window on a weekday morning.
‘Please make yourself available, this inspection is compulsory, and access must be provided,’ the letter read.
‘Should access not be made available, a fee of $90 will be incurred for re-inspection.’
But NSW Fair Trading made it clear: renters have no legal obligation to be home during these types of inspections.
The law requires just two days’ notice for non-urgent repairs or smoke alarm checks—and does not compel the tenant to be present.
It’s not just Gillin facing this situation.
An apartment block in Sydney’s eastern suburbs received a similar demand from another agency, which threatened tenants with a $330 reinspection fee if they weren’t home during a one-hour window in June.
The email advised residents to ‘organise someone on their behalf’ if they couldn’t be present—despite no legal requirement to do so.
Leo Patterson Ross, CEO of the Tenants’ Union of NSW, said such charges had no legal basis.
‘As long as the tenant hasn’t actively prevented them from entering the property, then there’s no basis for that charge,’ he said.
He noted that landlords and agents could use spare keys or arrange alternative entry.
‘The agent, probably, in a building like that where there’s a lot of people, they don’t want to spend their whole day walking around all the apartments,’ Patterson Ross added.
‘But there’s nothing stopping them from doing that.’
In 2024 alone, more than 2,100 people contacted the tenants’ union with concerns about access to their homes.
Patterson Ross said many renters assumed the fees were legitimate because no one told them otherwise.
‘No one’s told the agent they can’t do it and it becomes normal and then they train other people and it becomes process without anyone really checking whether it’s compliant with the law,’ he said.
Gillin, a media manager at a community legal centre, said the demand was unreasonable and deeply disappointing.
‘It’s an unreasonable request to be home for 2.5 hours on a weekday,’ she said.
She lodged a formal complaint with Rich & Oliva on 8 July, saying her experience with them had otherwise ‘been really positive’—which made the letter all the more surprising.
She followed up the next day, citing legal advice from both the tenants’ union and NSW rental commissioner Trina Jones confirming she did not need to be home.
Jones later shared the fee was not permitted.
‘A fee for not being present during a smoke alarm inspection could not legally be passed on to tenants,’ she said.
The Rental Taskforce, created earlier this year, contacted Gillin’s agent to remind them of their obligations.
‘Illegal fees and charges remain an issue in the sector,’ Jones said.
‘Since January, the Rental Taskforce has overseen refunds of $165,303 to renters who were charged unlawful fees.’
Gillin later confirmed the technician had used a key from the agency to enter—no one needed to be home after all.
But she said her complaint had still not received a response.
If stories like this one have left you wondering what rights renters actually have, you’re not alone.
With so many agents making demands that don’t hold up legally, it’s worth keeping up to date on the latest changes to rental laws.
A new set of reforms is about to take effect—and it could change the way these situations are handled.
Read more: Tenants will see rental rule changes in a few days! Here's what renters need to know
How many renters have paid these fees simply because no one told them they didn’t have to?
But it turns out, those threats might not hold up legally.
So why are real estate agents still getting away with it?
Lauren Gillin was stunned when her Sydney real estate agency demanded she be home for a smoke alarm inspection—or pay a $90 fee if she wasn’t.
Seven days before the scheduled visit, Rich & Oliva told her she needed to be available during a two-and-a-half-hour window on a weekday morning.
‘Please make yourself available, this inspection is compulsory, and access must be provided,’ the letter read.
Real estate letter demands weekday availability. Image source: Pexels/Kindel MediaDisclaimer: This is a stock image used for illustrative purposes only and does not depict the actual person, item, or event described.
‘Should access not be made available, a fee of $90 will be incurred for re-inspection.’
But NSW Fair Trading made it clear: renters have no legal obligation to be home during these types of inspections.
The law requires just two days’ notice for non-urgent repairs or smoke alarm checks—and does not compel the tenant to be present.
It’s not just Gillin facing this situation.
An apartment block in Sydney’s eastern suburbs received a similar demand from another agency, which threatened tenants with a $330 reinspection fee if they weren’t home during a one-hour window in June.
The email advised residents to ‘organise someone on their behalf’ if they couldn’t be present—despite no legal requirement to do so.
Leo Patterson Ross, CEO of the Tenants’ Union of NSW, said such charges had no legal basis.
‘As long as the tenant hasn’t actively prevented them from entering the property, then there’s no basis for that charge,’ he said.
He noted that landlords and agents could use spare keys or arrange alternative entry.
‘The agent, probably, in a building like that where there’s a lot of people, they don’t want to spend their whole day walking around all the apartments,’ Patterson Ross added.
‘But there’s nothing stopping them from doing that.’
In 2024 alone, more than 2,100 people contacted the tenants’ union with concerns about access to their homes.
Patterson Ross said many renters assumed the fees were legitimate because no one told them otherwise.
‘No one’s told the agent they can’t do it and it becomes normal and then they train other people and it becomes process without anyone really checking whether it’s compliant with the law,’ he said.
Gillin, a media manager at a community legal centre, said the demand was unreasonable and deeply disappointing.
‘It’s an unreasonable request to be home for 2.5 hours on a weekday,’ she said.
She lodged a formal complaint with Rich & Oliva on 8 July, saying her experience with them had otherwise ‘been really positive’—which made the letter all the more surprising.
She followed up the next day, citing legal advice from both the tenants’ union and NSW rental commissioner Trina Jones confirming she did not need to be home.
Jones later shared the fee was not permitted.
‘A fee for not being present during a smoke alarm inspection could not legally be passed on to tenants,’ she said.
The Rental Taskforce, created earlier this year, contacted Gillin’s agent to remind them of their obligations.
‘Illegal fees and charges remain an issue in the sector,’ Jones said.
‘Since January, the Rental Taskforce has overseen refunds of $165,303 to renters who were charged unlawful fees.’
Gillin later confirmed the technician had used a key from the agency to enter—no one needed to be home after all.
But she said her complaint had still not received a response.
If stories like this one have left you wondering what rights renters actually have, you’re not alone.
With so many agents making demands that don’t hold up legally, it’s worth keeping up to date on the latest changes to rental laws.
A new set of reforms is about to take effect—and it could change the way these situations are handled.
Read more: Tenants will see rental rule changes in a few days! Here's what renters need to know
How many renters have paid these fees simply because no one told them they didn’t have to?
