Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

I have told my agent that I will not allow photos to be

Customer Question
I have told my...

I have told my agent that I will not allow photos to be taken inside my house, except of course damage. they are telling me that is how they show the owner everything is ok and I have stated that I will not allow it. I have been told previous that they are not allowed to do this without my specific agreement. Is this the case

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

NSW

Lawyer's Assistant: Has anything been filed or reported?

No, this is a new tenancy, It is not in the lease and I accidently found out this was the way they do things

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Apparently I have to allow the owner to accompany the agent if they want to when they do an inspection. Is this correct

Submitted: 11 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 5 minutes by:
9/19/2017
Solicitor: Leon, Solicitor replied 11 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,962
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Ask Your Own Australia Law Question
Solicitor: Leon, Solicitor replied 11 months ago

Good Morning,

Generally in New South Wales the real estate agents take photographs of the premises as evidence of its condition. This is in addition to the inspection report that is completed upon entering the tenancy and then at the end of the tenancy to compare the state and condition of each room. This report is signed by the tenant and the agent is confirmation of agreement.

It is not unreasonable to take photos and if you wish to fight them, you will need to go to NCAT. you can restrict the taking photos to carpets and walls but you cannot refuse outright.

Also you should be present at all times during the inspection and not allow them to do the inspection without you being there. The report I mentioned earlier should also be completed and signed by the landlord's representative (the real estate agent) and the tenant.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

Ask Your Own Australia Law Question
Customer reply replied 11 months ago
That does not answer my question sorry. When they do a six monthly inspection can I refuse them taking photos inside my premises as I cannot control what happens to those photos once they leave. eg: social media etc. There is also the fact that it demonstrates what furniture/assets I have and photos of family members on walls etc. I am also a defence member and this could become a security problem. I have been told previously by the tenancy tribunal that without my specific ok, they are not allowed.
Solicitor: Leon, Solicitor replied 11 months ago

Good Morning

I'm sorry to say but you cannot refuse them taken photos of the condition of the premises.

You can request that they only take photos of the room in general but not close-ups. You should also have them confirm in writing, that they will not use the photos that any other purpose than to show the landlord the state and condition of the house.

As it is only a six-month inspection and not the end of the lease, I suggest that you file an urgent application with NCAT and seek orders to restrict the agent in what he takes photos of based on your concerns.

Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Leon Your Own Question
Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,962
46,962 Satisfied Customers
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Leon is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

46,962 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,976 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,352 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
On 14.03.18 my son and I rented a house in Hamlin Terrace
Hi...On 14.03.18 my son and I rented a house in Hamlin Terrace NSW. The real estate report was immaculate with no problems and no damage. … read more
Leon
Leon
Solicitor
Master's Degree
46,962 satisfied customers
If a tehrant has caused damage to our property, then
If a tehrant has caused damage to our property, then repaired the damage but now refuses to allow us on the property to inspect the repairs, are we in our rights to insist conducting inspection? we are going through an agent who now wants to wait till after christmas as the tenant has threatened to go to tribunal? … read more
John Melis
John Melis
Lawyer
Diploma In Law
3,352 satisfied customers
I am seeking legal advice regarding an unpaid invoice for
I am seeking legal advice regarding an unpaid invoice for works I carried out last year in December. The invoice value is just shy of $39,000. The work I was asked to complete was a warranty repair fo… read more
Leon
Leon
Solicitor
Master's Degree
46,962 satisfied customers
MY LEASE AGREEMENT HAS RUN OUT AND IM TRYING TO GET MY BOND
MY LEASE AGREEMENT HAS RUN OUT AND IM TRYING TO GET MY BOND BACK, HOWEVER, I SIGNED A LEASE WITH AN ADDITIONAL CLAUSE IN SECTION 45 (PETS) AGREEING TO BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY BE… read more
Leon
Leon
Solicitor
Master's Degree
46,962 satisfied customers
Leon, Have a Vcat residential tenancy hearing and just wondering
Hi Leon, Have a Vcat residential tenancy hearing and just wondering if on the general application the landlord needs to be named as applicant or can this be the agent. They have lodged a claim against… read more
Leon
Leon
Solicitor
Master's Degree
46,962 satisfied customers
Wayne here. My wife Pam and I are renting a 4 bed older home
Hello, Wayne Lee here. My wife Pam and I are renting a 4 bed older home at 2 Schooner Place Yanchep. We have been here for 5 years and originally took a lease out with Ray White Real Estate, Yanchep a… read more
Leon
Leon
Solicitor
Master's Degree
46,962 satisfied customers
I'm ***** *****. My issue is regarding the negligence/fraud
Customer: Hi. I'm ***** *****. My issue is regarding the negligence/fraud of my real estate agent in regards ***** ***** property I am now renting. … read more
Leon
Leon
Solicitor
Master's Degree
46,962 satisfied customers
My mother is being taken to VCAT for supposed damage to carpet
My mother is being taken to VCAT for supposed damage to carpet on vacation of her tenancy to move into a Hostel/Nursing home. She is 92 and we feel she is being taken adavantage of. Could she declare … read more
Leon
Leon
Solicitor
Master's Degree
46,962 satisfied customers
05/05 the real-estate agent frustrated our lease(s.109) based
05/05 the real-estate agent frustrated our lease(s.109) based on house being uninhabitable and unsafe.It was less than 1 day after our barbecue caught on fire(faulty hose) and caused damage to the out… read more
Leon
Leon
Solicitor
Master's Degree
46,962 satisfied customers
Hi, we are in a bit of a complex situation. we had a party
Hi, we are in a bit of a complex situation. we had a party at our house a few months back. a wall fell down from somebody climbing on it (this is assumed because of damage, no actual evidence). the re… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
If a landlord under the Residential Tenancies Act NSW appoints
If a landlord under the Residential Tenancies Act NSW appoints an agent to manage the property can both the landlord and the agent conduct the final inspection or isone excluded because of the presenc… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
I have just revived the keys to my rental property, on initial
I have just revived the keys to my rental property, on initial damage report I have found that windows don't lock hot water in shower doesn't work and light switches arnt secure as I thought them to b… read more
Leon
Leon
Solicitor
Master's Degree
46,962 satisfied customers
I am Currently Renting a property, we have been in the property
I am Currently Renting a property, we have been in the property for almost 4 years without breach or inspection failure. A new property manager has done her first inspection, we failed. They have requ… read more
Leon
Leon
Solicitor
Master's Degree
46,962 satisfied customers
We have rented a house in Tasmania for the last 3 months(We
We have rented a house in Tasmania for the last 3 months(We have a rental agreement for 1 year) It was advertised as pet friendly, Realestate agent knew we had pets and is in the lease Pet's OK. The o… read more
Peter J R Gauld
Peter J R Gauld
Solicitor
Bachelor's Degree
571 satisfied customers
my question is related to northern territory law regarding
my question is related to northern territory law regarding rental properties. I am currently renting a property in darwin which we have advised our real estate agent that we are going to vacate on 16 … read more
Advocate
Advocate
Master's Degree
350 satisfied customers
STRATA Qs.I recently found from looking in the windows from
STRATA Q's.I recently found from looking in the windows from common property of our strata-blding that the Exec Committee (charged with repairing common property in our building)have been undertaking … read more
Leon
Leon
Solicitor
Master's Degree
46,962 satisfied customers
I have a house on acreage tennanted in Queensland and managed
I have a house on acreage tennanted in Queensland and managed by a real estate agent. I want to go regularly to maintain the orchard because the trees gardens have been neglected and are now dying. I … read more
Leon
Leon
Solicitor
Master's Degree
46,962 satisfied customers
hi i rent a shop that the contract finish on jan08. i wrote
hi i rent a shop that the contract finish on jan08. i wrote a letter that i will vacate the shop 30days from the letter date . the agent say ok . on 27/5/08 i vacate the shop . the agent inspect the p… read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x