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Landlord taking photos to advertise rental for sale


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#1 Rheneas

Posted 26 June 2019 - 05:24 PM

Just wanting some advice regarding landlords rights to take photos for sale advertising in Victoria.

2 1/2 weeks ago a routine inspection was done on our rental property. A request was put in by us to service/replace the ducted heating unit which has not been working (the estate agent has been aware of this problem for some time). We were told that the gas plumber would contact us regarding a time to fix/replace said unit.

After a week and a bit of nothing happening we called last Tuesday to follow up and were told verbally by the property manager that the landlord had decided to sell the property.

We found a new property and gave the property manager 28 days notice to us vacating.

Since then they are demanding to come through to take photos to advertise the property for sale. This has all occurred within the week of us giving notice. As you can imagine there are boxes of stuff everywhere and the place is half packed.

We have informed the real estate agent that we could have the place completely cleared of our possessions and cleaned by next week but they keep on insisting they need to come through and take photos straight away to sell it.

I understand that the landlord has the right to bring through prospective buyers and list the property for sale, but are they allowed to come in to take advertising photos? Also there has been nothing put in writing that they are selling or want to enter the property.

#2 Goldenash

Posted 26 June 2019 - 05:41 PM

Sorry i dont know the answer. But i find it bizarre they would want to take pics in that scenario. A house full of boxes might be worthy of a real estate thread on eb!

Edited by Goldenash, 26 June 2019 - 05:42 PM.


#3 born.a.girl

Posted 26 June 2019 - 05:45 PM

I don't know what their rights are, but I'd let them take their photos, but don't feel any need to change anything that you're doing.

#4 Holidayromp

Posted 26 June 2019 - 05:46 PM

Who cares if you have boxes and crap everywhere.

Let them take their photos and good luck to that.

I know renters rights when it comes to rental properties that are for sale especially in Victoria are pitiful.

You are very lucky you have another house to go to and escape the sh*t storm that comes with being a tenant in a rental for sale.

#5 chicken_bits

Posted 26 June 2019 - 05:48 PM

Yes, they are allowed to take photos if they give you appropriate notice. But you are under no obligation to make the property look a certain way. So leave the boxes and packing where they are!

#6 WTFancie shmancie

Posted 26 June 2019 - 06:00 PM

If you happen to be there when there is an inspection, it might be fun to mention to real estate agent in the presence of prospective buyers that the air con duct still doesn't work and hasn't yet been fixed.

#7 born.a.girl

Posted 26 June 2019 - 06:04 PM

View PostWTFancie shmancie, on 26 June 2019 - 06:00 PM, said:

If you happen to be there when there is an inspection, it might be fun to mention to real estate agent in the presence of prospective buyers that the air con duct still doesn't work and hasn't yet been fixed.

ha, yes, 'SORRY IT'S SO COLD .... HEATING HASN'T WORKED FOR MONTHS ...'

#8 BECZ

Posted 26 June 2019 - 06:22 PM

View PostWTFancie shmancie, on 26 June 2019 - 06:00 PM, said:

If you happen to be there when there is an inspection, it might be fun to mention to real estate agent in the presence of prospective buyers that the air con duct still doesn't work and hasn't yet been fixed.

Reminds me of the tenants at a house we were looking at buying.  They went round letting everyone know about the major issues with the roof leaking and although the landlord had tried to fix it, it was a structural problem and the only way to fix it was to replace part of the roof.  I wondered if the had interest in the purchase of the house.
This house was less than 10 years old too.

OP, we had RE come through and take photos for the sale of the property when we were renting.  I made it clean and tidy, but found another rental as soon as possible.  I made no apologies for the boxes at future open houses.  Auction day was the weekend that we were moving out, but got cancelled due to lack. Of interest anyway.

Edited by BECZ, 26 June 2019 - 06:26 PM.


#9 Luci

Posted 26 June 2019 - 06:25 PM

I would probably let them take photos provided the appropriate notice was given.

I would do big fat zilch to tidy up beforehand.

#10 Holidayromp

Posted 26 June 2019 - 06:30 PM

View PostBECZ, on 26 June 2019 - 06:22 PM, said:



Reminds me of the tenants at a house we were looking at buying.  They went round letting everyone know about the major issues with the roof leaking and although the landlord had tried to fix it, it was a structural problem and the only way to fix it was to replace part of the roof.  I wondered if the had interest in the purchase of the house.

Probably not.

It’s more of a case of honesty and just have had a guts full of freezing and a landlord not only sticking it in the too hard basket but palming it off to someone else by putting the house on the market.

Then to add insult to injury paying good money for quiet enjoyment only to have strangers traipsing through.

Fun times indeed.

#11 WannabeMasterchef

Posted 26 June 2019 - 07:07 PM

They will probably just photoshop the boxes out. Ive noticed more and more photoshopping furniture in / out in real estate ads lately

#12 WannabeMasterchef

Posted 26 June 2019 - 07:08 PM

View PostBECZ, on 26 June 2019 - 06:22 PM, said:

Reminds me of the tenants at a house we were looking at buying.  They went round letting everyone know about the major issues with the roof leaking and although the landlord had tried to fix it, it was a structural problem and the only way to fix it was to replace part of the roof.  I wondered if the had interest in the purchase of the house.


id be wanting to check it out for myself because they could be making that up because they didn't want to move.

Edited by WannabeMasterchef, 26 June 2019 - 07:09 PM.


#13 Fresh Start

Posted 26 June 2019 - 07:16 PM

I think there is at least one state that says your possessions can’t be in the photos without your permission.

Re tenants telling prospective buyers stuff I looked at a house and asked the tenant what the noise from the nearby flight school was like. She said “it’s fine, this is the problem” and opened the front door to the traffic noise from the nearby highway! She went on to tell me other problems and I’m pretty sure that it came off the market - she’s still there.

#14 iwanttosleepin

Posted 26 June 2019 - 09:03 PM

I’d write rude labels on my boxes.  Like “Master bedroom - pornography”

#15 mpoppins92

Posted 26 June 2019 - 09:28 PM

My housemates and I just had to move out of our rental because the landlord sold it. The main beam in the roof is rotting and we have had huuuuuge issues that were never rectified. The landlord was an absolute jerk asking for home opens every weekend then also serving us with a routine inspection for four days after yet another home open. He still managed to get an offer.

The perspective new owners came over and they were a lovely young couple. We told them about the roof rotting. They got a building inspection which outlined the whole roof needed replacing and they withdrew their offer. We moved out and now the owner is up for replacing the roof before it goes up again. Karma is a b**ch!

#16 ausfarmerswife

Posted 27 June 2019 - 07:37 AM

You need to allow them to take photos BUT you don’t have to allow them to take photos of your personal items.

I have been in a rental that went up for sale and they came to take photos to advertise, I advised I did not want any of my personal items featured in the ad. That limited them to 4 photos, the kitchen, the bathroom, the front & the backyard. They weren’t impressed but I knew my rights.

#17 BornToLove

Posted 27 June 2019 - 07:42 AM

I was going to say the same, they are allowed photos, but you can require the photos not include any personal items. I would be clear that this includes all your possessions, not just items that could be identifying.

#18 Nobodyelse

Posted 27 June 2019 - 08:15 AM

View PostWannabeMasterchef, on 26 June 2019 - 07:07 PM, said:

They will probably just photoshop the boxes out. Ive noticed more and more photoshopping furniture in / out in real estate ads lately

It isn't really as easy as that. To photoshop the boxes out, they'd need to have a clean photo of the room that clearly showed the floor and walls in the same light. If they didn't, the amount of work required to recreate the floor or walls or windows obscured by the boxes would be enormous. It would be much easier to replace the furniture in photos where the house is clear and tidy because you're basically just putting one couch over another couch, one bed over another bed.

It would be hugely expensive and many hours of quite detailed work to do a whole house filled with boxes and moving that way.

The term 'photoshop it out' is actually highly inaccurate. It is actually more accurate to say 'photoshop something over the top'.

Edited by Nobodyelse, 27 June 2019 - 08:16 AM.


#19 WaitForMe

Posted 27 June 2019 - 09:19 AM

View Postausfarmerswife, on 27 June 2019 - 07:37 AM, said:

You need to allow them to take photos BUT you don’t have to allow them to take photos of your personal items.

I have been in a rental that went up for sale and they came to take photos to advertise, I advised I did not want any of my personal items featured in the ad. That limited them to 4 photos, the kitchen, the bathroom, the front & the backyard. They weren’t impressed but I knew my rights.

Ah, that explains alot of RE photos...

Personally, I find the kitchen and bathroom photos are the most useful as they cost the most to renovate, but always thought it strange when they don't have any of the living areas...

Big alarm bells go off when its the other way around - only the living spaces!

#20 BECZ

Posted 27 June 2019 - 09:44 AM

View PostWannabeMasterchef, on 26 June 2019 - 07:08 PM, said:



id be wanting to check it out for myself because they could be making that up because they didn't want to move.

We would have, but there were a few other strange things that we didn’t like, mind you lots I did, but DF didn’t and now realises the benefits, but it’s too late anyway.

You could see that there had been a few patch jobs on the ceiling, so there were some issues and an element of truth to their story.  Whether they had been rectified or not is another story.

#21 BECZ

Posted 27 June 2019 - 09:51 AM

I personally have no issue with them photographing my personal items, I mean, people are going to come through your house at open house and see them anyway.

I guess, once they’re online, they can be there for a long time and more people can see them, but I just made sure anything I didn’t want photographed was out of sight if there was anything.

Oh, if you’re doing it just to be difficult as payback for an a*se of a landlord, I get that too.

#22 elmo_mum

Posted 27 June 2019 - 10:10 AM

https://www.tuv.org....ord-is-selling/


This explains your rights

#23 Holidayromp

Posted 27 June 2019 - 10:41 AM

View Postelmo_mum, on 27 June 2019 - 10:10 AM, said:

https://www.tuv.org....ord-is-selling/


This explains your rights

All SFA of them.

What p*sses me off the most is that they can enter whether you like it or not and if you are not there too bad so sad.

BUT you HAVE to be there if you don’t want your contents insurance rendered null and void in the case of theft.  Its on you to watch the looky loos like a hawk.

As for quiet peace and enjoyment pfffft.  What a sh*tty contradiction in terms.

As for reimbursement of relocation costs yeah right.  Its a very rare day when a tenant gets reimbursed for moving costs.  Even then its very wishy washy and not watertight.  If anything all tenants should be compensated adequately if the owner decides to sell within or on the year mark not just ending fixed agreement.

The reality there is no rights for a tenant as there are always loopholes to exploit.

Not to mention that housing for non owners is treated like something trivial ....

Want to go overseas for a year - great!  Lets rent out the house for a year and not tell the tenant that

Moving interstate for a short term job perfect for ys!  let’s rent out the house for six months the tenant need not know that it is very short term plus we don’t want to sell ourselves short should anything change. So lets offer a six months lease as a ‘trial’ and tell them we will look at extending the term after that.

Buy a house in another area, stay in the family home, sure rent out the other house and call it an extra long term rental.....two years later.

Our house is rented, we have told the tenant it would be at least five years until we move back but we have not done our homework properly and hate it and want to move back after six months.  Luckily we covered our arses by only offering six month leases at a time.

We have overstretched selves lets put the rent up and ignore all repairs.

These are all hypothetical scenarios but based on what is currently happening.

Housing is treated as a commodity and unless you own, best live out of boxes because there is absolutely no guarantee and coupled with the very real risk of being homeless.

What’s being done about it? Nothing.

Best to read up on your pathetic ‘rights’ and make it easy for yourself.  Selling agents hate tenants that stand up for themselves.

Edited by Holidayromp, 27 June 2019 - 10:48 AM.


#24 lucky 2

Posted 27 June 2019 - 10:45 AM

It sounds like the 'll and yourself are acting outside of the tenancy laws in Victoria if you have not received the correct notification of intention to sell etc. Why has it been done this way, it's the REA responsible to work within the act?

I remember a PM insisting there would be an open inspection on a Saturday, the day our moving van was booked and the keys were being returned 2 days later, on the Monday.
No amount of begging and logic would work, the inspection was to go ahead and the flat was to be in good order!
So, I left during the inspection, there were boxes everywhere, the floors were disgusting, it was a disaster zone. Dp was at the flat, he apparently threw around some underwear for effect and pretended he didn't speak English.
There were about 8 groups of people waiting to traipse through and the pm was on the phone telling whoever That the place was a stinking mess, she was beyond furious.
I dropped the keys off as promised and the flat was sparkling.
That memory still gives me a satisfied smile. :)


#25 steppy

Posted 27 June 2019 - 10:52 AM

If it wasn't inconvenient I'd just say "okay, come now but it won't be clean."




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