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Victorian Tenancy Law Changes 29 March 2021 - Issue 2

Rights of Entry to A Rental Property  to Take Advertising Photos and Conduct Sales Inspections Guide


Under the new rental laws, a RENTAL PROVIDER (landlord) or agent may enter the property to take advertising photographs and videos or to conduct sales inspections, if certain requirements are met. 

 

Rights of entry to a rental property to take advertising photos To enter a property to take advertising photos or videos of the property, the RENTAL PROVIDER (landlord) or agent must give the renter/tenant at least 7 days’ notice in writing. They must make a reasonable attempt to agree with the renter on a suitable time for entry.

 

Can a renter/tenant object to the advertising photos or videos? 

The renter/tenant can object in writing to the taking of photos or videos that may identify a person living at the property who is at risk of family violence or personal violence. The renter/tenant can also object in writing to the taking of advertising photos or videos that show a possession of the renter/tenant that: 

  • directly identifies someone living at the property 
  • reveals sensitive information about someone living at the property 
  • is valuable and would increase the risk of theft, or
  • would be unreasonable to expect the renter to remove or conceal. 

 

If the renter/tenant objects, the RENTAL PROVIDER (landlord) or their agent cannot produce or use the advertising material identified in the objection.  If the renter/tenant had objected in writing and has asked that identifiable or high-value possessions be excluded from images or video produced, then the renter/tenant can also ask to review and approve the photos or videos that are taken before they get used in advertising. These photos or videos cannot be used unless the renter/tenant provides written consent.  The RENTAL PROVIDER (landlord) or agent must get the renter/tenant’s consent before: 

  • advertising using photos or videos that were taken for other purposes, or 
  • using advertising photos or videos that show a renter/tenant’s possession more than 12 months after the photo or video was taken. 

 

Rights of entry to conduct sales inspections 

If a property is to be sold, the RENTAL PROVIDER (landlord) or agent has a right to enter to: 

  • show the property to a prospective buyer, or 
  • conduct an open inspection of the property to prospective buyers.

 

To enter the property to conduct open or closed sales inspections, the RENTAL PROVIDER (landlord) must: 

  • give the renter/tenant at least 14 days’ notice of intention to sell the property before entry is proposed 
  • make reasonable efforts to agree with the renter/tenant on suitable days and times.

 

 The right of entry for sales inspections can be exercised up to twice per week, with at least 48 hours’ written notice of entry. 

 Renters/tenants will also be entitled to compensation if any of their goods are stolen or damaged during any right of entry. 

 

If you would like to know more about the Victorian New Tenancy Regulations, please call any one of our rental team members. We will do our very best to help you with your real estate needs to ensure you get the very best result.

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