VIC Tenants having surveillance equipment

Not really, nothing special here.

 

I'd suggest it's quite hard doing any of those when someone is standing less then a metre in your face and constantly yelling at you with whatever ideas she has about the act (such as "YOU ARE ALLOWED TO ONLY TAKE PICTURES OF YOUR FIXTURES AND FITTINGS!!!! NOT THEIR PERSONAL BELONGING!!! BY THE LAW! BY THE LAW!")

While I'm trying to take pictures of the kitchen.
I thought the kitchen cabinets are fixtures... And the cereal box on the is hardly a personal belonging that cannot be pictures. Not to mention that if the cereals are so precious - maybe consider put them inside the kitchen cabinets?

By the time I tried to get into the bathroom (it all took less then 5 minutes) - they almost flipped.
Kids were crying (so I was told. Apparently I'm to blame for them putting the kids in the bedrooms while they brought this magpie of a lady to attack me), the tenant looked like I'm gonna reveal her deepest secret in there (I wouldn't know, I didn't even have to time look, let along take pictures. I genuinely felt something is totally off and felt I need to leave. not kidding).

I am a male.
A big one at that. Not easily intimidated.
But I have to admit - I felt unsafe. The whole situation was so out of control from the get go that I was honestly felt I better leave.
I'm not saying that lightly. I've been in war situations before. Like real war where people tried to kill me for real, and the feeling I had at that point was that I either attack or being attacked.

When I came home and shared with my wife, she told me on the spot that I'm going there by myself anymore. Next time I have one of my mates as support, both to act as witness and to protect my physical safety.
Don't get me wrong, the tenants are normal everyday people. Not like crime family of anything.
Which is more of a worry cause they should know they are not only denying my right for inspect (and nothing VCAT will do can rule against the act on this) and creating an intimidating environment for me (by knowing I'm coming alone - she asked multiply times over email who's coming with me and having 3rd party who I was not inform of prior to my arrival).
The amount of time it took for things to escalate is quite astonishing, and suggest it was a well rehearsed act on their behalf, including the tenants walking behind me and mumbling things like "you invade my privacy", "you deny my quite enjoyment" and "I feel threatened and intimidated". When I left the premise she stood in the door way shouting "you left the premise on your own accord".

It was all for the camera. Well played. Too bad the guest didn't play their role and became aggressive.
Nor the fact I had a feeling I'm played so I turned and shouted back "No! I was forced out concerning for my own safety".

I'm not sure who wrote the script, but invading privacy and quite enjoyment are two things that are largely non-exsitent during routine inspection.
It's the time a LL is allowed to enter the premise, inspect it, look inside the oven and dishwaser and take pictures of the bath tub and toilet...

 

''FMD'' are you serious,maybe your miscomputing the probabilities what can happen and will happen,but each has Karma as their own..

 

Was a good show I give them that.
At least I have couple of pictures of the bogan lady right infront of my camera , with her arm raised above her head, trying to hide the cereal box... If I only knew cereal boxes are a thing these days...

 

And I meant - like right in my face. The photo is mainly her face and hand, not much else.
Not a great look for VCAT.

 

Well, give notice and book another inspecion for you and an associate, include in the wording that as per the tenancy act you may be taking photo's and video recordings for the property file.

Except next time pay for a professional security escort or two (not one of ya mate's), impartial people whom should there be an incident can testify !

I would probably have some sort of body cam (gopro) recording device also

 

A Currnet Affair's newscrew?

 

Why were you taking photos against the tenant's wishes? I hope there's an actual reason, because it's not something I would do.

From what I've heard so far, I don't like your chances in VCAT at all. I hope there's more to your story that is in your favour.

 

They sound like horrible tenants. I would employ a managing agent. You may have problems finding an agent willing to take this on--managing properties is hard.

I've been in the same situation with a manipulative and unpredictable tenant. Luckily I found a great managing agent who could deal with her madness.

Just one example: trades refused to attend rental property because tenant would answer the door naked, and then claimed at tribunal she was "sexually harassed" by tradesmen I sent there.

She flooded her bathroom, and then claimed tens of thousands of dollars on her "designer clothing business". She sold second hand clothes that she'd bought from Salvos.

 

I wouldn’t be doing an inspection but hiring a new PM and having them do it. Life is too short for that kind of stress.

 

The whole story sounds pretty unusual, to the point I wonder if some of the story is being left out.

If you are only doing the inspection yourself because you dont think an existing property manager is going to do it correctly, then get a new one.

 

Was considering this.
However, would not wish to to escalate any further. I hope having someone with me, will at least give me enough time to respond if knife is drawn....

Cause I'm entitled to?
As it was said before - I need history of the condition and repair of the house for insurance and legal proposes.
I bought the house with the renters and she know the previous owners couldn't care less about condition reports or pictures, so I have none.
It's in my full right to take pictures of the current repair of the property, mainly due to the fact I know for sure they have quite a few massive breaches. They treat the property as theirs, but not in a good way (which is why they are so scared of me taking pictures)

The act does not forbid me from taking pictures and should she have any issues with the way I conduct the inspection - she can breach me and apply to VCAT. She cannot, however, physically stop me, harass me, bully me, threaten me or intimidate me.

VCAT don't need anything to basically come up with "the poor old tenants needs to move woo hoo". I know that.
VCAT will say "no possession order, but we order the renter to allow the rental provider to perform inspection".
But VCAT is not a nice experience for anyone, and I already suggested to her that I'll withdrawal the vacant notice should she let me do my inspection and keep the other screaming lady out while I'm there.

 

I wish there was.
The part of the story that is left out might the why they are aggravated; I'm not overlay surprised they are, and to be completely honest, I wasn't like fully in shock when the 3rd party was there.
I was a bit taken aback by how quickly she got into 1,000 miles attack mode.

The reason they are ****** off is simple cause they rented the whole premise, which is big. Like really big - 7 acres big from the pervious owners who could give a flying rat what they are doing in there.
They kinda settle into this fuzzy feeling they can whatever they want in there, including modifications that will make most IP owners ears stand.

I came along and I actually care about the property and I do not appreciate their disregard to the property and the fact they do whatever with it, leaving a huge mess for me to fix when they live.
If you ask me, they felt they have a secure property for the foresee future.
Now... The big issue with that is that they live a lavish life, using everything 7 acres and the facilities the property provides (the exact reason I bought it within 30 minutes of seeing it. Signed contract and all) but they created a lock-in for themselves: they cannot sustain the same life style anywhere else, even double the money.
Moving out means losing their life style, very simple.

So now, they are scared **** if I go around, take pictures and notes and have hard evidence for all those breaches (there are at least 4 I know of).
Hence the crazy behaviour.

The wife tries going hard against me.
The husband understands it's not gonna work in the long run and tries the smooth talk. He understands going down the VCAT route will suck for both of us, never mind what the end result will be - no one wins.
And he also knows that in the short run VCAT might help him, but in the long run - it'll be an inevitable outcome where he loses.
I reckon he understands that apart from revenge, no matter how much I lose - he will lose more - he doesn't wanna move. He absolutely loves the place.
He also knows I have much deeper pockets then him, I'm insuranced and can cope with whatever happens, but for him - apart from probably being on the wrong side of the law and being chase by the insurance company debt collectors - he'll also won't be able to replicate the joy he has now.

I actually sent an olive branch, letting them come to their senses and come around.
It's in their court now.

I hope going to VCAT with the fact I've came to table and they didn't will win me couple of points...

 

Yeah this isn't really true. In short, only if you have a good reason to do so, and its still balanced against a tenant's right to not be unreasonably disturbed.

Yeah the Act (as in the legislation) might not, but the law certainly can. And if you're in breach of the law, VCAT can certainly make orders stopping you from performing inspections in certain ways, and order you pay damages to the tenant.

 

If they rented the whole premises, then the starting point is that they can do whatever they want - short of actually breaching their tenant obligations.

 

Source?
How taking pictures of the property I own, while performing lawful inspection, doing the most i can to avoid capturing identifying personal belonging and even provide them access to the pictures taken to ask for removal is against the law? Which law exactly?

Does all the other PMs out there know about it?
Cause last time I checked - they ALL take pictures and include them in the report.
Consumer affair themselves recommend to take pictures to help with future dispute.

Unauthorised modifications that are not as small as pictures hooks, unauthorised modification that led to non-complience with other laws and damage to the property.

Served them with notice to vacate due to threating and intimidation.

On the money - they did stuff that are a very clear breach.
Let's just say it's more then the usual picture hook type of thing. Much MUCH bigger then that. Think north to $1000 damage or illegal modification.

Big land - they rent 20% of the total land the rest 80% still belongs to me.
They knew when they signed the contract that I own the rest of the 80%. It was hard to miss - it's a huge land.

 

I'm confused - so the property is 35 acres