VIC Can rental provider (LL) or their agent take picture while inspecting

As continuation of the previous thread, I thought it would make sense to open a new thread for future reference by others who might need the information.

The summery of the other thread (Tenants having surveillance equipment [VIC]) is that I was forced out of an lawful inspection due to the tenant claiming I cannot take pictures.

Some members suggest I was in the wrong and pictures cannot be taken.
My resource prove this to be wrong.

I couldn't find a way to find a link to the specific page, but looking "VCAT Decision - Jones v Director of Housing (Residential Tenancies) [2013] VCAT 2184" within https://www.vcat.vic.gov.au/sites/d...me-Court-and-VCAT-decisions-about-renting.pdf

I've attached the related pages. Make a great read.

The most important part:

application for final restraining order to prevent the landlord’s representative taking photographs during an inspection of the rented premises - order refused​

 

My agent always takes at least one picture of every room in the house, and the garden and garage during an inspection.

 

The privacy act and Australian privacy principals creates a bubble for tenant-lessor/agent communications and material etc. including inspection reports with photos protecting their personal stuff. The job must get done....

 

Yes I was one of those members.

Your resource doesn't prove anything of the sort.

I said that you needed a good reason to take the photos. You didn't provide one. What I said is actually supported in case law, including the case you're probably referring to.

If you have any sort of legal training at all, then you would know the outcome of the case doesn't mean jack - the reasoning why is what is important.

 

Example of some special terms regarding this:

 

I'm not sure what you're trying to say.
My reasoning was exactly the reasoning in this case: I wanted to have an accurate and current documentation of the property.
What did you think my reasoning was? To taunt the tenants? To take pictures of their personal belonging or opening drawers to check how clean their forks are?

I have life. I'm have zero interest in the tenants private stuff.
All I care is the state of the property, which I communicate to the tenants before.

I don't, but even without training, one can assume that if a tribunal made a decision once, they must follow it the next time given the conditions are the same (and they are), unless the act has changed (and it did in this respect).

Once again, you keep saying "no" without supporting it.
Pretty hard to take it on when there are official legal proof that shows the opposite.

 

Is this a statement that was created by your office?
Is there any place in the act that require such statement of did you just do it to get stupid tenants off your back?

 

This is not the case. Tribunals decisions are not binding. If it was a higher court that might be different though.

 

I get all that, but as there's no reason for the tribunal to make other decision, since the act does not indicate anything different, why would there be a different outcome.

That's if the tenants are eagre enough to go to VCAT (they are not. Even paying VCAT fee will probably put them off).
At least in my case, they try to pay the "legal" game in their home setting and over emails. Where they can say "it's not legal" as many times as they want.
To actually go to VCAT and try to argue they have legal right, stating the reasons why they do (quite hard, since the LL has legal right to inspect their the property, fixtures and fittings - there's no doubt about it) and win is a totally different thing.

Not to mention they try to block me from doing so by denying entry (100% breach of duty) rather then applying for restraining order (which is what guy tried).
Blocking me while I'm there, is again - 100% breach as it's intimidation and threatening behaviour.
They cannot claim they knew I will take photos so they didn't let me in. They have to either stop me legally via VCAT before the fact or serve me with breach after.

So back to the topic of this thread - for future PMs and LL they might hit the same claims from tenants.
What people will do with it - that's their decision. Not mine.
I just thought it'll serve a purpose in a forum dedicated to property management.

 

One good way to put tenants off side.

 

Would you mind if I use it as template for future agreements?

 

It is quite possibly copyright of the REIA in @Michael Mitchell's state.

Just as likely to be able to be purchased in that format from your REIA outlet.

 

Sorry, I missed the fact you didn't post the other post... My bad.

 

Just extra T&C's inserted into the lease etc.

In my experience (6 years), I've not had one tenant who has sooked about photos for inspections etc. must be pretty lucky, have heard some do. Would assume there are probably other issues at play when that is the case, sounds like they may be suited to go live elsewhere

 

I think the OP really needs to get a PM.

 

If it is in the lease agreement that the tenant signs and agree's to, then the tenant has no grounds to refuse

As for extra terms
I should add in "the tenant shall send a thankyou card not less than 48 weeks after lease signing to the landlord, this letter shall be accompanied by an unopened and recently purchased 1lt bottle of Stolichnaya Vodka"

Our PM takes 4-8 pics of every room, 4 pics of an ensuite is OTT
The right of the PM to take pic's is included in out lease agreement

Nice idea to start another thread (easier for others to follow after a search) to pass on some learnings (hope it doesn't get full of comments from the old thread)