Has anyone had a rental inspection in Victoria where agent has said they will be taking photos during the inspection? We've only been in our rental 3 months and was amazed that they are already requesting an inspection.
Do You Let Agent Take Photos during Rental Inspection?
Mary Poppins on 03/03/2019 - 22:51
Comments
This is standard practice in Queensland.
Photos allowed, but shouldn't be of any personal items.
Unless you are at risk of 'breaching' I doubt agents take photos. The photos are more for proving that you have breached your agreement e.g cigarette butts for non smoking property or a dog bed when no pets are allowed , so when they take you to the tribunal it can be proven.
That said, unless you are present on your property - how would you 'stop' an agent taking photos anyway?
Check what your lease says re: inspections however most standard leases allow two inspections per year - so keep them at the two per year. The inspection at three months is early but a 'smart' move because they can 'judge' how you are as a tenant, and it's good to identify any suspect tenants early on.
It's weird that there's a little database of your house photos out there, but convenience of them just snapping each room is worth it. I'd rather save half an hour from the old pen and paper inspections and have my house photos leaked in some hack, who cares if someone sees my house after it's been tidied.
Yes, it's standard practice in Victoria. I am very sure this is written in your contract as well. I've rented through 3 different agents, the first inspection is always after 3 months. Subsequently 6 months. If always in good condition 12 months.
What are you hiding? Your magical items?
This could actually work in your favour as well.
One time they tried to make me pay for 'carpet damage' due to a heavy furniture. I told them it's been there for years and they have photos for proof and no one said anything during the previous inspections. RTBA sided with me.What are you hiding?
Probably the plate and credit card on the coffee table!
In my experience, in NSW and QLD, real estate agents always take photos as part of the inspection and send the report including photos to the owner
3 Monthly inspections are standard in Vic, and photos are also pretty standard. Our Agency sends us a copy each time with the photos to show our property is being looked after and a report with any issues.
I wouldn't say 3 mth is standard across the industry in Vic - often new tenants have an inspection after 3 months just to ensure everything is okay, usually after that in my experience (also having worked in real estate) is for 6 monthly inspections. Also they always take photos so they can show the landlord the condition of their property.
It's normal for agents to take pictures. The focus is usually only on the "structure" though. But it's not always possible to avoid snapping some of your personal belongings.
The rule is, they can have an inspection after 3 months, then every 6 months after that. That is the maximum. Some agents choose not to do it, but most do.
Standard in Tasmania
of course yes. MUST NEED HAVE TO take photos
My proprety agent takes photos of the rental every inspection
Yes our rental managers do and are supposed to take pictures at every 3 month inspection otherwise I'd replace them for a more efficient one.
It's part of the landlord-agency leasing contract and quite important to ensure property is being maintained properly and not being used as a meth lab amongst other things. Cheers!
I was a bit annoyed when I found out they take photos, as they once accidentally sent them to me instead of to the property owner. Of course all the photos have personal items in them.
It may not be a breach of the tenancies Act, but I believe it is a breach of the Commonwealth Privacy Act 1988. All small businesses which are "an operator of a residential tenancy database" must comply with the Privacy Act.
I am very tempted to make a complaint to OAIC but I don't want to get on bad terms with the agent, as they could kick me out or increase the rent etc.
The agent must let you know if they are taking photos in the inspection. I think I found it was in the fine print in the contract, but it said they wouldn't photograph personal items. But apparently they breached that?
It may not be a breach of the tenancies Act, but I believe it is a breach of the Commonwealth Privacy Act 1988. All small businesses which are "an operator of a residential tenancy database(oaic.gov.au)" must comply with the Privacy Act.
I doubt that emailing a tenant pictures of their belongings (whether by accident or not) is a privacy breach.
Personally, I don't really care if they take pictures, as long as there's nothing to identify myself as the owner - eg, any pictures in frames that sit on the table where mine or someone's face is identifiable or where there's something unique that someone can look at and say that this is the house/apartment at this address.
I would compare the photos themselves to a key that's been found on the ground with nothing that identifies which lock the key opens. It's useless and noone can use it for anything.
I was a bit annoyed when I found out they take photos…
I'm not a landlord and was a tenant for many years. I never saw a problem with pictures and I'm actually curious what the concerns are.
In my view, there are multiple breaches on multiple fronts:
Taking photos of tenants' belongings is a collection of their personal information that is not reasonably necessary, and therefore is a breach of APP 3.
There was inadequate notification about taking photographs of personal belongings, because they said they would not take photographs of personal belongings. They also did not advise how they would use or disclose these photographs. So these are multiple breaches of APP 5.
The photos of personal belongings are disclosed to the landlord which is a breach of APP 6.
https://www.oaic.gov.au/individuals/privacy-fact-sheets/gene…
occasionally estate agents do come into contact with people like yourself.
and they may refer to these types of tenants years later ;) 'remember that guy who tried to complain about the photos being taken and ended up taking it to the OAIC… lelllll… good times'.@bohn: I am not taking them to OIAC and probably won't. But the NSW tenant's union agrees with me that photography by the landlord or agent is a breach of the tenant’s privacy unless the images do not show the tenants personal physical arrangements of living.
I said I am a "bit annoyed". I didn't say I am an entitled egocentric litigant.
Your points 1, 2 and 3 are covered in one sentence below.
According to this review by the VLRC (Vic Law Reform Commission),
Landlords are entitled to enter your property, with due notice, and the VLRC found that, legally, your right to privacy and security is not breached by them taking pictures for display on the internet.
(Quoting from this article: https://www.flat-chat.com.au/tenants-exposed-by-property-pic…)So they can even use your pictures for display on the internet and it's still not a breach, as long as the property is not identifiable as yours.
@bobbified: Did you read that article? The Tenants Union of NSW agrees with me. So that really just validates my three points.
Also the VLRC is primarly about reviewing State law, but the Privacy Act 1988 is Commonwealth law.
In Queensland the maximum penalty for publishing photographs showing the tenant's possessions is $2,611 (20 penalty units).
https://www.legislation.qld.gov.au/view/html/inforce/current…
@inherentchoice: Your first assumption is already incorrect:
Taking photos of tenants' belongings is a collection of their personal information
No - photos of tenants' belongings do not constitute personal information. Your conclusions which all stem from this erroneous assumption are likewise incorrect. And wtf, your linked section is:
Lessor or lessor’s agent must not use photo or image showing tenant’s possessions in advertisement
That's literally the title of the section you linked. You couldn't have missed it, so: Do you have trouble reading?
@HighAndDry: Please, you are severely mistaken, I feel sorry for you.
The Privacy Act 1988 (Privacy Act) regulates how personal information is handled. The Privacy Act defines personal information as:
…information or an opinion, whether true or not, and whether recorded in a material form or not, about an identified individual, or an individual who is reasonably identifiable.
For the agent and the landlord there is absolutely no doubt about who is the tenant. Any photographs of their property are therefore personal information about an identified individual.
@inherentchoice:
Are you obtuseHow obtuse are you? Of course the landlord and agent can identify the tenant. They also already hold personal information about the tenant.The photographs themselves don't identify the tenant and the tenant isn't readily identifiable from the photos, therefore the photos are not personal information.
By your logic, the landlord and agent apparently also ask for the tenant's financials, or their ID, because that's all personal information too. Think about it for a fraction of a second, please.
@HighAndDry: Privacy applies according to the context and the circumstances. NOTHING in my comment which lists the three breaches referred to any of the breaches being because of disclosure to the public. Why the personal attacks? Do you have trouble reading?
When is an individual ‘reasonably identifiable’?
This answer to this question will depend on the relevant context the information is being handled in. Certain information may be unique to a particular individual, and therefore may (in and of itself) establish a link to the particular person. However, for an individual to be ‘identifiable’, they do not necessarily need to be identified from the specific information being handled. An individual can be ‘identifiable’ where the information is able to be linked with other information that could ultimately identify the individual.https://www.oaic.gov.au/agencies-and-organisations/guides/wh…
@inherentchoice: In this case, "other information that could ultimately identify the individual" is only held by the landlord and the agent. And so only the landlord and the agent can identify the tenant. The landlord and the agent already know who the tenant is.
Photos of personal belongings, unless you have your credit card out on the table, is not personal information. That's it. I'm done explaining this.
Did you read that article?
I should be asking you that - the NSW Tenants Union is expressing their opinion. You're right - the VLRC is at a state level, but does take privacy laws into consideration. You think they just do whatever they feel like with no consideration for the existing laws? The state laws are often usually based on the federal laws , but are often more restrictive.
In Queensland the maximum penalty for publishing photographs showing the tenant's possessions is $2,611 (20 penalty units).
The offence is there, but there's nothing to suggest that showing the tenants' possessions is a breach of these federal privacy laws. There could be a whole range of other reasons that lead to the creation of this law/offence.
BTW, OP is in Victoria - not QLD.
I'm a landlord and photos are needed for insurance purposes in case there is damage in the future. Insurance companies want to see a history for the property.
so you'd have the photos from prior to the tenant moving in
No, you need a history. Insurance companies stipulate that the property needs to be regularly inspected and well managed. If you can't prove that the damage was recent you may not get the claim through. That's why regular inspections with photos are a must.
For example, I had a tenant realise he was going to move out, so he stopped paying his rent, let all his druggy friends stay with him and they trashed the place while high on meth and who knows what else (nails in walls, ruined carpets). Insurance wasn't going to pay for the damage unless I showed that it was all done towards the end of the tenancy. They wanted to see that I had maintained it well. I could prove it because Ray White did periodic inspections with photos.
Sure it sucks that you have to have periodic inspections especially if you are doing the right thing, but if you rent. you're not taking the risk that the landlord is and it's fair for the landlord to protect their financial well-being and their asset, as not everyone does the right thing (I know, from experience).
on that basis you'd need hundreds of photos on every inspection to cover yourself for your insurer. also how can you see things behind furniture etc. I'd look for a different insurer
Taking photos is normal, you should take photos yourself as well. Just request all photos to be emailed to you and then you can ask them to delete any you aren't comfortable with.
and then you can ask them to delete any you aren't comfortable with
heh, never heard of this happening.
tenants may be starting to get more rights, but the fact is, agents can take photos and you are given prior notice to the inspection occurring. If you wish to put away your sex toys, do so beforehand, but don't expect to ask the agent to run all the photos by you first and then you get to choose which are deleted.
Yes, when I was renting, the property manager took photos during rental inspections but only of areas that required maintenance/repair. Photos were then submitted to the landlord for their approval to allow for any remediation works to be arranged.
It's going to be a battle of "my word against yours" if they don't take photos. Honestly I'd rather have a few of my personal belongings caught on camera than being accused of damaging the property and having to pay for it. With photo evidence it's hard for anyone to pin the blame on to you if it's been there for some time and this goes both ways as well. Protects the owner from damages too.
Only sexy pictures.
Yes, I have a rental house and every time an inspection is done a get a PDF report with photos and comments of each room / gardens. I mainly want to check the kitchen and bathrooms are being looked after properly.
If i received one and the agent said the tenant refused to allow photos i would be very suspicious.
Thanks everyone for your advice & comments. What Wololo Wombat said makes sense… I’m happy with that!
I don't know about Victoria, but in WA agents are able to do inspections every 3 months, and most PMs do inspections every 3 months.
As for photos I don't know that you can prevent them and to be honest photos seem like a better way of doing than just describing things so why would you.