Win for tenants – you don’t have to let photographers in

When the landlord wants to sell, they usually want to take photos inside your rented home. But do you have to let them in? VCAT says no.

A recent case at VCAT dismissed a landlord’s compensation claim and noted that landlords do not have the right to enter a rented home for the purpose of taking photos. The landlord was claiming compensation for the photographer’s fee because the tenants did not let them in. The tenants had told the landlord many times that access for taking photos would not be permitted.

After receiving advice from Tenants Victoria, the tenants argued that they have a right to “quiet enjoyment” of their rented home and this includes the right to refuse entry to the landlord or other person for the purpose of taking photos.

The laws on renting – Residential Tenancies Act 1997 (Vic) – include a number of reasons a landlord can enter a rented home, but taking photos is not one of them.

For more information about your rights see: privacy and entry.