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Answered in 7 hours by:
6/9/2009
Maurice, Lawyer
Category: Australia Law
Satisfied Customers: 2,764
Experience: Lawyer (Juris Doctor, MBA IntBus) with 25 years Australian Business Experience at Your Service
VerifiedHelloCustomer
The short answer to your question is yes, the courteous thing the Agent should have done is asked for your consent prior to taking any photographs as it was no longer a "vacant" home where the photographs were being taken to form part of a property inspection report (which they should have really taken before you moved in).
The Agent does have certain rights to be able to enter the property (with reasonable notice which access can not be denied) on behalf of the Owner for certain purposes - inspections, emergency repairs and so forth.
The question now becomes, what do you want to do about it?
The logical solution is to restore things as they were before - that is, the photographs that were taken to be returned to you with an undertaking that no copies are in existence by the Agent and for the Agent to seek permission to photograph (selectively) the property in order to prepare their property condition report for the owner.
No doubt an apology from the Agent is also in order and then everyone can move on with the tenancy free of any ill will.
I trust this information is of assistance and that you will kindly accept my answer as I wish you the best in this matter
Regards
Maurice
The short answer to your question is yes, the courteous thing the Agent should have done is asked for your consent prior to taking any photographs as it was no longer a "vacant" home where the photographs were being taken to form part of a property inspection report (which they should have really taken before you moved in).
The Agent does have certain rights to be able to enter the property (with reasonable notice which access can not be denied) on behalf of the Owner for certain purposes - inspections, emergency repairs and so forth.
The question now becomes, what do you want to do about it?
The logical solution is to restore things as they were before - that is, the photographs that were taken to be returned to you with an undertaking that no copies are in existence by the Agent and for the Agent to seek permission to photograph (selectively) the property in order to prepare their property condition report for the owner.
No doubt an apology from the Agent is also in order and then everyone can move on with the tenancy free of any ill will.
I trust this information is of assistance and that you will kindly accept my answer as I wish you the best in this matter
Regards
Maurice
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