Tenants taking photos of Owner

Discussion in 'Property Management' started by Sharky, 21st Apr, 2017.

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  1. Sharky

    Sharky Active Member

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    Hi,

    This is a strange issue.

    Basically myself and my father had attended my IP to put up a garden shed in the tenants backyard.

    During the course of the build, it was just an afternoons worth of work. The tenants adult child would come and take photos of us constructing the shed.

    Now I understand if they just wanted to take photos in case we destroy the place (why would we?) or maybe they just wanted to take before and afters?

    Now my father was quite uncomfortable of being in these photos, so I did mention to them to stop, and asked what he photos were for. He just left and went back inside no response.

    What's the best approach in the future? I know they are quite unhappy as we are throwing a granny flat in the back, but we have given them all advance notices about what will occur.

    Note my father told me the child has done it before when he was there for another issue.

    Thanks
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Wear a mask?
     
  3. Otie

    Otie Well-Known Member

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    Lol tell them you don't consent to being photographed, and you will call the police if they don't delete the pics. Very odd.
    Maybe they are going to try and use them against you somehow. Im assuming they are winger tenants?
     
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  4. Scott No Mates

    Scott No Mates Well-Known Member

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    I come out quite attractive in photos (usually)

    [​IMG]

    But not this day :p
     
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  5. Joynz

    Joynz Well-Known Member

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    I don't think you can prevent photos being taken. But you can certainly make your objections clear.

    I would be having a word with the tenant as well as the son.

    Is the garden shed for the tenants to use, or is it for construction of the granny flat?

    I wonder if the tenants knew that a granny flat was to be built when they rented the property?
     
  6. Joynz

    Joynz Well-Known Member

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    What law would the police be enforcing?
     
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  7. SeafordSunshine

    SeafordSunshine Well-Known Member

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    PerhapsTell YOUR Daddy to bring his own photographer?
    Take a few pics himself?
    Find out wether the adult childs is posting on websites?
     
  8. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    First do some research on whether is is lawful to take pictures of others. I don't know but don't think it would be prohibited especially in there property.
     
  9. SeafordSunshine

    SeafordSunshine Well-Known Member

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    Joynz"What law would the police be enforcing"?


    In a private place, ( eg private home) after you asked them not to. I think it is called assault.
    In a public place. not so sure. I hope this helps
     
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  10. Joynz

    Joynz Well-Known Member

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    The comment above is incorrect (re. assault).

    Photography can be prohibited in a private place but I suspect the property is actually the tenants 'private home' in this situation, not the landlord's.

    Check out these articles:

    https://www.artslaw.com.au/images/uploads/Street_photographers_rights_2016.pdf

    4020 Φ NSW Photographer's Rights
     
    Last edited: 21st Apr, 2017
  11. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Think of the papparatzi cases
     
  12. Sharky

    Sharky Active Member

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    Yeah not sure if they are breaking any laws, just find it uneasy.

    Note this shed is for the tenants, who have been then for a few years now. Shed provided as their previous shed had to be removed for the granny flat to be constructed.

    And yes, they whinge a lot, on almost everything.

    E.g. They feel uncomfortable that certains tools are being used around their children (adult child) and actually asked one of the demolition people to come back later or wait until their son leaves for work...????
     
  13. Xenia

    Xenia Well-Known Member

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    Strike a pose :)
     
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  14. WattleIdo

    WattleIdo midas touch

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    Maybe there is a more subtle reason e.g. is it possible this adult child is autistic and likes taking photos and is sensitive to noise?
    https://www.autism.com/grandin_FAQ
     
    Last edited: 21st Apr, 2017
  15. Jamie Moore

    Jamie Moore MORTGAGE BROKER - AUSTRALIA WIDE Business Member

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    Here I was thinking propertychat was a safe place to visit before bed.....
     
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  16. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Simple. A individual has the right to ask for privacy. No photos. If the child takes one ask the parent that the photo be deleted. Not ?Stop the work on the shed. Tell them you arent comfortable since they declined your request. Evict. It is YOUR property.
     
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  17. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Whoa... Sounds like you are reducing their leased space and intruding. They have right to quiet enjoyment and use of their premises and fact you own it means jack. I suspect you are about to be tribunaled. You cant just enter premises and demo their leased shed and build a GF.
     
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  18. wylie

    wylie Moderator Staff Member

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    I did wonder if you asked permission or gave appropriate notice that you were coming onto the property to build the shed.

    And I'm guessing they know a granny flat is to be built and the lease they've signed acknowledges this?
     
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  19. kierank

    kierank Well-Known Member

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    If not documented, agreed and sign, then I can guess where all those photos are going to turn up.

    It is good to have proof if one is going to the tribunal:) :).
     
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  20. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    And they allege dad touched one of the kids aggressively and swears and abuses ... You got a problem as they can prove you were onsite and lack proof of approval. Not good.