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Residential Tenancies 

The Victorian Law Reform Commission is undertaking a review of the Residential Tenancies Act particularly with reference to the common practice of landlords and their agent photographing premises to show prospective buyers or new tenants and, in so doing, showing the current tenant’s personal property etc.

The Law Reform Commission is to investigate and report upon the common practice of landlords, and their agents, photographing tenant’s possessions whilst photographing the property that is to be marketed for sale or further lease.

Typically, the photographs may show not only the rooms in the home but, at times, the tenant’s personal property including furniture, works of art, etc. will be displayed.

Tenants are not always advised that an agent or landlord when, attending their property, intend to take photographs. 

The Residential Tenancies Act does not give any particular assistance to this issue.

The Act does permit a landlord/or their agent to enter the property to show premises to a prospective tenant or buyer.  The Act however is silent as to the right to photograph the premises and then publish it.  

A tenant has a general right to quiet enjoyment which is protected by the Act.

Other states, particularly Queensland and Tasmania, have legislation requiring landlords, and their agents, to obtain tenant consent before photographing images that contain their possessions.  This is not the case in Victoria and thus the Law Reform Commission’s interest in investigating the matter.

Good practice on the part of landlords and agents would dictate that they ought to advise the tenant of their intentions so that the tenant has the opportunity of either agreeing to the intended photographing, or declining or moving items out of view, etc.

People interested in advising the Commission may contact them on 03 8608 7800.
 
 
Published July 2014

For further advice or assistance

Contact Cathy Drake on 5337 0264 or cdrake@nevetts.com.au

The information in this publication or on this website is of a general nature only. It is not, nor is it intended to be, legal advice. You should consult a lawyer for individual advice about your particular circumstances.
The information on this website is of a general nature only. It is not, nor is it intended to be, legal advice. You should consult a lawyer for individual advice about your particular circumstances. Nevett Ford do not warrant that information contained in links to third party sites are correct and accept no responsibility for the accuracy and reliability or any other matter in relation to a third party site.