A Gold Coast real estate agency has been fined $10,000 for an agent’s unlawful entry and breach of tenants’ privacy under Queensland rental laws.

On 16 July 2025, the agency was found guilty in the Southport Magistrates Court of two breaches of the Residential Tenancies and Rooming Accommodation Act 2008 (the RTRA Act), namely:

• unlawful entry (section 202(a))
• interference with tenants’ reasonable privacy (section 183(2)).

The maximum penalty for each offence when committed by a corporation is $15,480. 

The agency appeared before Magistrate Gary Finger who fined the agency $10,000 for both offences and ordered the Residential Tenancies Authority (RTA) be paid its costs totalling $4,713.10. A conviction was not recorded.

The RTA had issued the company with a penalty infringement notice (PIN) in February 2024 for unlawful entry after investigating the tenants’ complaint about an alleged breach. The agency chose to contest the matter in court.

The magistrates court heard that the agency, through its agent, had issued an Entry notice (Form 9) to the two tenants on 8 February 2024. The notice advised that the agent would be at the rental property at 8:00am the following day with a maintenance worker to carry out repairs or maintenance.

The tenants, who had confirmed their consent to the proposed 8:00am entry for maintenance issues, had previously notified the agent about a blocked outdoor drainpipe, a rusted garage door and locks on the front and rear sliding doors.

On 9 February 2024, the agent entered the rental property alone before 8:00am when the tenants were not home. The tenants were notified of the agent’s presence in the house via an alert to their mobile phones from two CCTV cameras they had installed with the agent’s approval. The cameras recorded the agent’s movements while inside the property and notified the tenants that the agent entered the front door at 7.38am and appeared at the back door at 7:50am.

The agent walked through the house, opened closed bedroom doors, entered bedrooms and took photographs. The agent also took photographs of the utility room, toilet and bathroom, as well as windows and doors inside and other areas outside the rental property. The agent subsequently emailed the photos that had been taken to the tenants.

The maintenance contractor entered the premises about 9am to attend to the maintenance issues.

Magistrate Finger found that the timestamped CCTV footage was evidence of the agent contravening the rules of entry. He said the agent had ‘clearly exceeded [the agent’s] authority to enter’ by entering the premises and conducting a general inspection and taking photographs that were not required for the maintenance issues.

‘I reject [the agent’s] evidence that [the agent] had to take photographs of different rooms so [the agent] could obtain details of what was required for repairs. There was absolutely no need or authorisation for [the agent] to wander around the house, taking photographs that were not necessary. It was an inspection of sorts, nothing more, nothing less.’

Magistrate Finger said the agent ‘disrespected and violated the tenant’s privacy in their own home’.

‘By opening the doors of the bedrooms and other rooms, [the agent] was clearly interfering with the privacy of both tenants, again without authorisation or justification.’

Acting RTA Chief Executive Officer Kristin Spruce said the RTRA Act was clear about the rules around entry to a property and the tenant’s right to privacy and enjoyment of the rental property.

'Queensland’s tenancy laws protect the rights of all parties involved in a tenancy. Serious offences will result in enforcement action by the RTA which can result in a PIN being issued or a criminal prosecution against an individual or a corporation,’ Ms Spruce said.

‘In this contested matter, the magistrate found clear evidence of breaches of the RTRA Act. The outcome is a warning to other agents of the consequences of not meeting their legal obligations.’
 

More information

Learn more about RTA investigations and offences that attract a penalty under the RTRA Act.

For more information about renting in Queensland, explore the RTA website or contact the RTA.