- This topic has 5 replies, 3 voices, and was last updated 9 years, 4 months ago by .
-
Topic
-
Hi – I have searched the Forum but cannot see that this question has been asked and answered previously. Are there any rules around property managers taking photos of the property during tenant rental inspections?
I recently had this come up for the first time after over 20 years of renting and after researching on the net I couldn’t see that there are any guidelines on this. I ended up communicating directly with the property manager before the inspection to confirm that whilst I understood the need for the landlord to see the condition of the property, I wanted to ensure the photos would be shared for that purpose only and not bandied about for want of a better expression! She agreed that I could also move any of my personal identifying property (say, photos, etc) if she wanted to take specific photos of something. I ended up removing that sort of stuff before the inspection but given that some insurance providers expect you to do all possible things to keep your property secure, not having control over photos taken within your property could be in opposition to that (for example, I couldn’t really ‘hide’ my TV or sound system!).
Does anyone know if there are any specific rules property agents need to follow when it comes to this issue or does it all just fall under general privacy? I made the specific point to my property manager that I didn’t want these particular photos on Domain or the like if the property was to be rented. She acknowledged my e-mail so I’m guessing she agreed!
-
Replies
-
Hi Tracey
This comes under privacy laws, such as they are. What it boils down to is that anybody can take pictures of anything, anywhere, provided they are on public property and not used for nefarious purposes … and even then …
Even if you are outside someone’s property and take a picture of the inside, provided they aren’t nude or involved in sexual activity, you can get away with it.
However, if you are on their property, you need their permission or it is a trespass.
In short, the agent needs your permission and you could make that subject to removing personal items and a written undertaking that they will not be used in any other medium or for any other purpose.
You could withhold that permission but then you have to ask yourself if that would put renewing your tenancy at risk in the future.
The excellent and normally comprehensive Tenants Union website is silent on this. maybe you should drop them a line.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
Grant Arbuthnot, principal solicitor with the Tenants Union, NSW writes:
We are just about to publish a factsheet on sale of premises and tenancy. It includes material on photography that applies generally in tenancy.
The relevant term of the tenancy agreement is re peace, comfort and privacy
Our view is that internal photography by the landlord or agent is a breach of
the tenants privacy unless the images do not show the tenants personal physical arrangements of living
Photography of particular aspects of the premises for insurance or repair purposes do not need the tenants personal goods
Agents do not need general photographs of the premises to report to the landlord from inspections
Tenants concerns with photography go further than privacy. When photographs are used to advertise premises they are good intelligence for burglars
We are also aware of a matter where a tenants employment was sensitive and dangerous. Publishing interior photographs of the premises risked the safety of the tenant, as the photographs included the tenants family photographs.
The Victorian Law Reform Commission investigated the issue of photography in rented premises and published their report last year
https://www.lawreform.vic.gov.au/all-projects/ptp
The submissions, including ours, are available on the commissions website. You were right to mention retaliatory termination. ‘No grounds’ termination of tenancies undermines all the purported rights of tenants in NSW.
- You must be logged in to reply to this topic.