Questions

To send us your responses to these questions, go to the online submission form.

Current practice

1. Are you aware of an instance in which a landlord or agent failed to adequately notify a tenant that advertising photographs or videos containing their possessions would be taken inside their home? If so, describe the incident and outcome.

2. Do you know of an instance in which a tenant was concerned that their possessions could be seen in advertising photographs or videos? If so, why was the tenant concerned?

3. Do you know of an instance in which a tenant has been robbed or physically harmed following the publication of advertising photographs or videos that contained their possessions? If so, describe the incident.

4. The Commission’s preliminary investigation revealed that tenants are concerned about privacy, risk of theft and risk of personal harm. Do you know of other concerns tenants might have in relation to advertising photographs or videos that contain their possessions?

5. Do you know of an instance in which a tenant has refused to have photographs or videos of their possessions used in an advertising campaign? If so, what was the outcome of the dispute, and did it impact negatively on the landlord?

6. Can you suggest a workable, standard practice that could be adopted by landlords and agents advising tenants that advertising photographs and videos will be taken inside their homes?

Right to enter

7. Does the law in relation to the right to enter to show the property to a prospective tenant or buyer need clarification? Should landlords and agents have a right to enter to take photographs and videos for advertising purposes, or should the right be restricted to visits in person?

Privacy

8. Do you consider that it is an invasion of the tenant’s privacy to take or use advertising photographs or videos of tenants’ possessions without their consent?

9. How should the law protect tenants’ privacy in relation to photographs or videos that contain tenants’ possessions?

Consent and notification requirements

10. Should Victorian law require tenant consent before photographs or videos of tenants’ possessions are used for advertising purposes?

11. Should Victorian law allow landlords and agents to take photographs and videos containing tenants’ possessions for advertising purposes provided that they first inform the tenant in writing that they will be taking the images and give tenants the opportunity to remove any items from view?

12. Can you suggest any other reforms that might strike the right balance between the desire of landlords to advertise their properties and the concerns of tenants in relation to photographs and videos that contain their possessions?

Remedies

13. If you have been involved in a dispute about advertising photographs or videos that contained tenants’ possessions, how did you resolve the situation? Did you contact an organisation to ask for help and, if so, what happened?

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