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Tenants are worried about their privacy as landlords publicise properties through photography during sales campaigns.
At issue is whether landlords should be able to post photos of tenants' furniture on the internet without their permission.
A growing number of tenants are raising this question, with Consumer Affairs Victoria, Privacy Victoria and the Tenants' Union of Victoria reporting a significant number of calls on the issue in the past year, The Age newspaper reports.
The Victorian Law Reform Commission has begun a review of the practice, whereby landlords photograph and film their homes to advertise them for prospective buyers online.
One tenant called the consumer watchdog concerned that a person against whom she had taken out an intervention order might recognise her possessions from the photos and find out where she lived, the commission's consultation paper said.
Although the Victorian Residential Tenancies Act states that landlords can "show" their properties to a future tenant or purchaser, the 1997 law is silent on whether this includes showing that property on the internet.
Chair of the Commission Philip Cummins said the law would only have contemplated showing property "in person".
"With the ubiquitous growth of digital cameras and the reach of the internet, quite a significant issue has arisen and that is, does 'showing' include photographing and filming?” he said.
“And putting it up on the internet? That's the change in the ballpark.”
Mr Cummins is calling on the public to contribute their views to the inquiry online, in order to find a middle ground between tenants and landlords.
Tenants were most concerned that photographs of their children would be posted online, said Mark O'Brien, chief executive of the Tenants' Union of Victoria.
Mr O'Brien said tenants often approached the group after they were unable to compromise with their landlords on when and how they could photograph their homes, since they had a vested interest in using the photos.
"The nicer the tenant makes it look the more saleable it is, so from the agent's point of view that includes all the human touches like photos of the family," he said.
The Victorian Civil and Administrative Tribunal last week prevented a real estate agent from staging mass open inspections for prospective buyers of a Box Hill home after the tenants objected.
This did not form a legal precedent, but is expected to be influential in future similar disputes around the issue.
- <p>I think the current law is fair, if an agent wants to inspect the property which is for sale should give tenant 24 hours notice and take people there, but should be also consulted with tenant and organise the times that would be beneficial to both of them.<br><br>Both tenant and landlord should be fair towards each other, not in one day 5 inspections different hours of a day and not tenant say you can not bring any one for the next 5 days!! One of my tenants was saying not for the next 2 weeks!!</p>0
- <p>Let's face it. A little common sense goes a long way. <br><br>Discussing all of these things with a tenant before the home is placed on the market will go a long way to resolving any of these issues. Also respecting that for the duration of the lease, that is the tenants home. <br><br>If the tenant does not want personal possessions in the photos, that's fine. We do not have an issue with that in our agency and in fact we encourage our tenants to remove any thing they consider personal from view of the photos - it's just common sense. <br><br>Comments like #4 just show that in some agencies, tenants really are treated second class citizens. <br><br>Fact: Without tenants, I would not have a rent-roll.</p>0
- <p>I think it is a huge invasion of privacy to take photos and place them on the internet without the written and freely given permission of your tenants. I also think it is our responsibility to make sure that the tenant knows that these photos will be uploaded onto the internet.<br>Anything less is unacceptable</p>0
- <p>It is quite understandable that the tenants may have concerns, however in the 20 odd years I have been real estate, never has there been an incident due to the internal photos and at the end of the day it is the vendors decision to place the property on the market and photos are required.... maybe under special circumstances this can be changed, but really how does the house get sold without being marketed with photos. The prospective purchasers see the furniture when they inspect the property anyway......</p>0
- <p>Having been both a tenant and landlord l would say that as a tenant if you are concerned about your privacy then...buy a home and you wont have to face this minor concern.<br>Ultimately as a tenant you need to be prepared like a landlord that you have repsonsibilities. If you're not prepared to to be fair, buy or move in with mum and dad.</p>0
- <p>I usually will take photos of the outside and the yard, and then maybe the kitchen and bathroom, as there are usually not personal items in those rooms, but I wouldn't take or use photos of tenants actual items.</p>0
- <p>In Qld it is legislation that you must have a tenants permission in writing to allow the agent to take photos with there possessions in the photo. On many occasions we have been refused so we ask our photography company to photo shop the rooms, which is done at a small cost.<br>This has worked well for us and it saves having any issues with the tenant.<br>We respect the tenants rights but also make them aware of there responsibilities as too making a smooth selling process with prospective buyers, and up to date it has worked very well.</p>0
- <p>I would have thought that it would have been a matter of basic respect that a tenant's permission was sought before their private possessions were shown as photos on the internet. This has always been our agencies' policy even before it became law in Qld in 2009.</p>0
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