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Tenants rights...

#Post
1

What are your thoughts about property managers, while doing their 3 month property check (with sitting tenants) taking photos of everything inside the house?.

Personally, I don't have a problem with pics being required for insurance purposes, but, what I have a problem with, is when they are taking photos of a tenants work space, they are invading that private area.

I know that they are allowed to take the pics, but I was wondering how tenants feel about this??

I have a friend in Aus who is a tenant, and she was saying that it is now illegal for property managers to take pics inside the house...unless of course, it is because of an issue that needs repairing, etc.

Thoughts??

crafters_corner - 2020-10-30 17:12:00
2

Yes they can, but only to monitor the state of the property, not to record tenant's property.

https://www.privacy.org.nz/further-resources/knowledge-base/
view/349

Bear in mind that the tenant is entitled to know the name and position of everyone who has access to the pictures, and when they are deleted.

tony9 - 2020-10-30 17:57:00
3
lindymf55 wrote:

.....
I have a friend in Aus who is a tenant, and she was saying that it is now illegal for property managers to take pics inside the house...unless of course, it is because of an issue that needs repairing, etc.

Thoughts??

I agree with the Aussie's.

mazalinas - 2020-10-30 18:07:00
4
lindymf55 wrote:

What are your thoughts about property managers, while doing their 3 month property check (with sitting tenants) taking photos of everything inside the house?.

Personally, I don't have a problem with pics being required for insurance purposes, but, what I have a problem with, is when they are taking photos of a tenants work space, they are invading that private area.

I know that they are allowed to take the pics, but I was wondering how tenants feel about this??

I have a friend in Aus who is a tenant, and she was saying that it is now illegal for property managers to take pics inside the house...unless of course, it is because of an issue that needs repairing, etc.

Thoughts??

Interesting , must be a recent change as the latest inspection of my Brissy property done in July had the usual photos of all rooms . Maybe each state has different rules...............

stelke - 2020-10-30 20:16:00
5

Is there a Tenants version of a property manager?

marte - 2020-10-30 22:21:00
6
marte wrote:

Is there a Tenants version of a property manager?

yes; mum & dad

jethrocat - 2020-10-31 10:02:00
7
tony9 wrote:

Yes they can, but only to monitor the state of the property, not to record tenant's property.

https://www.privacy.org.nz/further-resources/knowledge-base/
view/349

Bear in mind that the tenant is entitled to know the name and position of everyone who has access to the pictures, and when they are deleted.

This issue was here a year or so back and, as I recall, it was recommended to complain to R/E agency and/or Privacy Commissioner.

amasser - 2020-10-31 10:28:00
8
marte wrote:

Is there a Tenants version of a property manager?

Yes, called the Tenancy Tribunal and thereafter the courts.

johnston - 2020-10-31 10:40:00
9

My PM takes photos of each room to record the condition of the house, and a copy of the report goes to the tenant.
They are advised when it is happening so have time to put away anything they don't want in the pictures.
Never had any complaints.

masturbidder - 2020-10-31 13:30:00
10
masturbidder wrote:

My PM takes photos of each room to record the condition of the house, and a copy of the report goes to the tenant.
They are advised when it is happening so have time to put away anything they don't want in the pictures.
Never had any complaints.

I'd argue that tenants probably don't complain because they don't know what rights they have, or feel anxious about complaining and risking getting a reputation as a difficult tenant. I've had this done by a previous property manager, and felt very uncomfortable with it (when I by chance found out that it was happening, as the owner CC'd me into a reply e-mail to the PM). Putting everything away for an inspection is a big ask, as most people have family photos on display, etc. In the photos I saw that my last landlord took, I noticed that I had some prescription hand cream sitting by the bathroom sink, and if you zoomed in far enough on the photos, you could even see my NHI number on the label. My understanding of the law is that landlords are allowed to document maintenance issues, but should take care not to include tenants personal belongings. They shouldn't be taking photos of every room of the house as a matter of course, and shouldn't expect a tenant to put everything personal away in their own home. Tenants not having the knowledge or the courage to complain about it doesn't make it okay.

samanthab - 2020-11-01 16:05:00
11

I agree samanthab - I suspect the TT might agree that expecting tenants to put away and "personal items" for inspections is an unreasonable intrusion on the tenants rights to quiet enjoyment. I think it's quite clear - take photos of key parts of the house relevent to recording the condition - kitchen, bathrooms, carpets etc, but avoid general shots and anything that might be sensitive - eg photos, clothes, valuables, etc

sparkychap - 2020-11-01 16:10:00
12
samanthab wrote:

I'd argue that tenants probably don't complain because they don't know what rights they have, or feel anxious about complaining and risking getting a reputation as a difficult tenant. I've had this done by a previous property manager, and felt very uncomfortable with it (when I by chance found out that it was happening, as the owner CC'd me into a reply e-mail to the PM). Putting everything away for an inspection is a big ask, as most people have family photos on display, etc. In the photos I saw that my last landlord took, I noticed that I had some prescription hand cream sitting by the bathroom sink, and if you zoomed in far enough on the photos, you could even see my NHI number on the label. My understanding of the law is that landlords are allowed to document maintenance issues, but should take care not to include tenants personal belongings. They shouldn't be taking photos of every room of the house as a matter of course, and shouldn't expect a tenant to put everything personal away in their own home. Tenants not having the knowledge or the courage to complain about it doesn't make it okay.

I suspect that you are right. Tenants are in the vulnerable position of not being in control I guess, and too scared to rock the boat, in case of some sort of repercussion...rent increase or the likes.

Using the link that someone had given further up, about market rentals, I see that the person I am asking this question for, is actually paying below the lowest market rental, so even more reason now, to not want to say anything.

I would want to know what happens to photos that are taken though.
With rental costs being so high, and very hard to find them, I don't think that people really want to question anything.

Thank you for your reply, and to everyone else as well.

crafters_corner - 2020-11-01 16:18:00
13

The member deleted this message.

roysmrs - 2020-11-09 11:40:00
14

Does this also apply for when agents take pictures for the sale of a property?

danandshar - 2020-11-21 09:33:00
15
danandshar wrote:

Does this also apply for when agents take pictures for the sale of a property?

well what do you think?

sparkychap - 2020-11-21 10:50:00
16

if you can't take photos, how are you to remember what is in their cupboard and drawers?

jonners2013 - 2020-11-23 21:36:00
17

The purpose of the PM's inspection photos is to record the condition of paintwork, smoke alrms etc, so if damage occurs there is documentation to show when it happened. The photos could also be useful to tenants if there is a burglary.
I don't think anyone is interested in personal possessions.

masturbidder - 2020-11-24 11:39:00
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