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.
To enter a property to take advertising photos or videos of the property, the rental provider or agent must give the renter 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 object to the advertising photos or videos?
The renter 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 can also object in writing to the taking of advertising photos or videos that show a possession of the renter 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 objects, the rental provider or their agent cannot produce or use the advertising material identified in the objection.
If the renter had objected in writing and has asked that identifiable or high-value possessions be excluded from images or video produced, then the renter 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 provides written consent.
The rental provider or agent must get the renter’s consent before:
- advertising using photos or videos that were taken for other purposes, or
- using advertising photos or videos that show a renter’s possession more than 12 months after the photo or video was taken.
Right of entry to conduct sales inspections
If a property is to be sold, the rental provider 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 or agent must:
- give the renter at least 14 days’ notice of intention to sell the property before entry is proposed
- make reasonable efforts to agree with the renter 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.
The rental provider or their agent must pay the renter either half a days’ rent or $30, whichever is greater, in compensation for each sales inspection that takes place.
Renters will also be entitled to compensation if any of their goods are stolen or damaged during any right of entry.
The new rental laws apply from 29 March 2021.