A 2024 report described a Perth rental listing that offered weekday access only from 6pm to 6am while a family daycare used the living room and backyard during the day. The listing was reportedly advertised for $375 a week, but the report does not establish that anyone signed a lease or that the arrangement was put into effect. Western Australian tenancy law includes a right to reasonable peace, comfort and privacy; whether that term would have been breached here cannot be determined from the reported details alone.
What the Perth rental listing reportedly offered
PerthNow’s Kayla Sellwood reported on 25 October 2024 that a Facebook Marketplace advertisement for a one-bedroom rental in Perth’s south sought $375 per week. According to the report, the prospective tenant would have access to the home between 6pm and 6am on weekdays. Four children and an educator were expected to use the living room and backyard during business hours. PerthNow’s report also described limited garage access, bills shared with the daycare, and a bedroom with an ensuite and walk-in robe. The listing was later removed.
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Those details are the newspaper’s account of an online advertisement, not independent verification of its wording or proof of a signed tenancy. The report does not identify the operator, establish the daycare’s regulatory status, or reproduce a rental agreement.
Could a landlord stop a tenant from being home during the day?
Section 44 of Western Australia’s Residential Tenancies Act 1987 makes quiet enjoyment a term of every residential tenancy agreement. Section 44(2)(b) says “the lessor must not cause or permit any interference with the reasonable peace, comfort or privacy of the tenant in the use by the tenant of the premises”.
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That statutory protection is relevant to a proposed arrangement that limits when a renter may use a home. But the available information does not establish how the provision would apply to this particular listing: the agreement, exact layout, access conditions and occupancy details are not known. The listing alone is not enough to conclude that the arrangement was lawful or unlawful.
What quiet enjoyment means for WA renters
Quiet enjoyment is a tenant’s right to reasonable peace, comfort and privacy in using the premises. It does not, by itself, answer every question about who may use shared areas or what access terms a particular agreement can impose. The specific agreement and facts matter.
WA Consumer Protection’s rental privacy guidance explains quiet enjoyment and covers permitted reasons and notice for a landlord to enter a property. That entry guidance does not decide whether a daycare may use shared parts of a home under a particular lease.
What the report does—and does not—say about daytime access
Online reactions to the listing included the question, “Do you have to leave the house at 6am and stay away until 6pm weekdays”, and a commenter wondering what would happen “when you’re sick during the week”. These were reactions to the reported advertisement, not confirmed terms of an executed tenancy. The available account does not establish how a tenant would enter or use the home during those hours, or what would happen in an illness or emergency.
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Was a Working with Children Check required?
The report noted commenters asking whether a tenant would need a Working with Children Check. It does not establish the daycare’s regulatory status or identify the operator, and the sources available do not determine whether such a check would have been required in these circumstances. The question cannot be answered categorically from the listing report.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What renters can clarify before signing an unusual agreement
For any rental that involves a business or childcare operation using part of a home, make the practical boundaries clear in the written agreement rather than relying on informal expectations. Before committing, ask for written answers about:
- Which rooms and outdoor areas are private, shared or unavailable, and at what times.
- Whether the tenant can remain at home during operating hours, including when ill or dealing with an emergency.
- How entry, keys, garage use, bills, noise and access to facilities will work.
- Who operates the daycare and what approvals or regulatory arrangements apply to it.
- What happens if the operating hours, access rules or use of the property change.
Keep the advertisement, messages and proposed agreement, and seek WA tenancy advice if the written terms are unclear or appear inconsistent with the rights described in section 44.
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