Taking photographs of a property rental for an inspection means more than just making sure you’re taking clear, well-lit photos of every area of the property. In fact, there are laws a property manager must follow, particularly when the property rental includes the tenant’s personal possessions. Here’s how you can be thorough while still following the best practice according to state legislation.
Residential Tenancies and Rooming Accommodation Act (RTRA) 2008 of Queensland states specific guidelines regarding the tenant’s consent for use of photographs of the premises in advertisement when the photos include the tenant’s belongings, both inside and outside the property.
However, with regards to the purpose of providing these photographs to the lessor or other third parties during the course of managing the property, the RTRA has no specific terms. On the other hand, section 183(2) of the Act provides that the lessor or lessor’s agent must not interfere with the reasonable peace, comfort or privacy of the tenant. Taking and using photos with a tenant’s belongings may be considered a breach of this section.
Period inspections are common and taking photos that include a tenant’s belongings can inadvertently occur. To avoid any issues, property managers should follow these tips when they take photos during inspections:
- As much as possible, try to avoid photographing the tenant’s personal possessions and focus on detailed shots of areas that require repair or maintenance.
- Make sure that any agreements made with the tenant regarding photography of the property rental are in writing and preserved on file.