Appendix C: Online survey

The Victorian Law Reform Commission used an online survey to capture the views and experiences of tenants, tenant advocates, landlords and real estate agents in relation to advertising images of tenants’ possessions. Two hundred and seventy-nine people participated in the survey.

The Commission is grateful to participants for taking the time to respond and thanks them for

their contribution.

Survey

Question 1 (mandatory question)

Are you a:

Tenant

Tenants’ advocate Go to Q11

Landlord Go to Q16

Real estate agent or someone who works in the real estate industry  Go to Q25

Other (please specify) Go to Q33

Questions for tenants

Question 2 (mandatory question)

Has a landlord or real estate agent taken photographs or videos that contain your possessions to advertise a property you were renting?

No Go to Q4

Yes

Question 3

Did the landlord or real estate agent tell you in advance that they would be coming to your house to take photographs or videos?

No Go to Q5

Yes, they asked me if they could come and I gave them permission to come Go to Q5

Yes, they told me they were coming and provided written notice Go to Q5

I don’t know Go to Q5

Other Go to Q5

If you have any comments, write them here.

Question 4

Have you ever prevented a landlord or real estate agent from taking or using images of your possessions for advertising purposes?

No Go to Q33

Yes Go to Q10

If you have any comments, write them here.

Question 5

Did you remove any valuable or personal items before the photographs or videos were taken?

No, I wasn’t given the opportunity

No, I didn’t feel the need to

Yes

Other

If you have any comments, write them here.

Question 6 (mandatory question)

Did you have any concerns about the photographs or videos? (Select all that apply)

No Go to Q9

Yes, I was concerned about the notice that was provided by the landlord or real estate agent (eg. I did not receive enough notice)

Yes, I was concerned about my personal possessions appearing in the photographs or videos (eg. the images contained valuable or identifying items)

None of the above

Other (please specify)

Question 7

Did you tell the landlord or real estate agent about your concerns? (Only one answer)

No Go to Q9

Yes

If you have any comments, write them here.

Question 8

How did the landlord or real estate agent respond to your concerns?

Not well

Well

Very well

Other

If you have any comments, write them here.

Question 9

Did you feel that the landlord or real estate agent respected your right to privacy while they were advertising the property?

No, not at all

Yes generally, but some improvements could be made

Yes, very much so

If you have any comments, write them here.

Question 10 (mandatory question)

To reduce or compensate for any inconvenience caused to you while the owner was looking for a new tenant or buyer, did the landlord or real estate agent offer to…(Select all that apply)

Reduce your rent or provide compensation Go to Q33

Only photograph or film rooms that did not contain personal possessions (eg. bathroom) Go to Q33

Hire furniture to use in the advertising photographs or videos Go to Q33

Wait until you had left the property to take the advertising photographs or videos

Go to Q33

None of the above Go to Q33

I don’t know Go to Q33

Questions for tenants’ advocates

Question 11 (mandatory question)

Do you know of a situation in which a tenant was concerned about photographs or videos of their possessions being taken or used to advertise a property for sale or lease?

No Go to Q33

Yes

Question 12 (mandatory question)

Did the concerns of the tenant/s relate to: (select all that apply)

The notice that was provided by the landlord or real estate agent (eg the tenant did not receive enough notice)

Personal possessions appearing in the photographs or videos (eg. the images contained valuable or identifying items)

Other (please specify)

Question 13

Did the tenant/s tell their landlord or real estate agent about their concerns?

No Go to Q15

It depends

Yes

I don’t know Go to Q15

Question 14

How did the landlord/s or real estate agent/s respond?

Not well

Well

Very well

I don’t know

Other

If you have any comments, write them here.

Question 15 (mandatory question)

Generally speaking, do you think landlords and real estate agents respect the tenant’s right to quiet enjoyment and privacy when they take photographs or videos of properties that contain tenants’ personal possessions?

No, not at all Go to Q33

Generally yes, but improvements could be made Go to Q33

Yes, very much so Go to Q33

I don’t know Go to Q33

If you have any comments, write them here.

Questions for landlords

Question 16 (mandatory question)

Have you or your real estate agent taken photographs or videos that contained tenants’ possessions to advertise your property for sale or lease?

No Go to Q21

Yes

Question 17

Did you or your real estate agent advise the tenant beforehand that you would be taking photographs or video? (Select all that apply)

No

Yes, I/we gave the tenant written notice

Yes, I/we asked for the tenant’s permission to take photographs or video

I don’t know

Other

If you have any comments, write them here.

Question 18

Before the photographs or videos were taken, did you or your real estate agent advise the tenant to remove any valuable or personal items?

No

Yes

I don’t know

Question 19

On the day the photographs or videos were taken, did you or your real estate move any furniture or personal possessions?

No

Yes

I don’t know

Question 20 (mandatory question)

Did the tenant have any concerns about the photographs or videos? (select all that apply)

No Go to Q24

Yes, they were concerned about the notice that I/real estate agent provided (eg the tenant felt that they did not receive enough notice) Go to Q23

Yes, they were concerned about their personal possessions appearing in the photographs or videos (eg the images contained valuable or identifying items) Go to Q23

Other Go to Q23

If you have any comments, write them here.

Question 21

Have you ever come across a tenant who unreasonably withheld consent or made it difficult for you to take photographs or videos of your property?

No Go to Q33

Yes

If you have any comments, write them here.

Question 22

Did your inability to use photographs or videos of tenants’ possessions to advertise the property inconvenience you in any way?

No Go to Q33

Yes Go to Q33

If you have any comments, write them here.

Question 23

How did you respond to their concerns?

Question 24 (mandatory question)

To reduce or compensate for any inconvenience caused to the tenant while you were looking for a new tenant or buyer, did you or your real estate agent offer to … (Select all that apply)

Reduce the rent or provide compensation Go to Q33

Only photograph or film rooms that did not contain personal possessions (eg bathroom) Go to Q33

Hire furniture to use in advertising photographs or videos Go to Q33

Wait until the tenant had left the property to take the advertising photos or videos Go to Q33

None of the above Go to Q33

I don’t know Go to Q33

If you have any comments, write them here.

Questions for real estate agents

Question 25 (mandatory question)

Have you taken or used photographs or videos that contained tenants’ possessions to advertise a property for sale or lease?

No Go to Q33

Yes

Question 26

How often do you use videos or virtual tours to market residential properties for sale or lease?

Never

Sometimes

Often

Always

If you have any comments, write them here.

Question 27

Do you advise tenants beforehand that you will be taking photographs or videos?

(Select all that apply)

No

Yes, I give the tenant written notice

Yes, I ask the tenant for permission to enter to take the photographs or videos

Other

If you have any comments, write them here.

Question 28

Do you have a standard practice you use when telling tenants that advertising photographs or videos will be taken inside their homes?

No

Yes

If yes, could you please elaborate on your response?

Question 29

Do you advise tenants to remove any valuable or personal items before photographs or

videos are taken?

No

Sometimes

Yes

Question 30 (mandatory question)

Do tenants have any concerns about the photographs or videos? (Select all that apply)

No Go to Q32

Yes, they have been concerned about the notice provided (eg. the tenant felt that they did not receive enough notice)

Yes, they have been concerned about their personal possessions appearing in the photographs or videos (eg the images contained valuable or identifying items)

Other

If you have any comments, write them here.

Question 31

How did you respond to the tenants’ concerns about the photographs or videos?

Question 32 (mandatory question)

To reduce or compensate for any inconvenience caused to the tenant while the owner was looking for a new tenant or buyer, did you offer to … (Select all that apply)

Reduce the rent or provide compensation Go to Q33

Only photograph or film rooms that did not contain personal possessions (eg bathroom) Go to Q33

Hire furniture to use in the advertising photographs or videos Go to Q33

Wait until the tenant had left the property to take the advertising photos or videos

Go to Q33

None of the above Go to Q33

I don’t know Go to Q33

If you have any comments, write them here.

General questions for everyone

Question 33 (mandatory question)

We want to know your general views and whether you have any concerns about advertising photographs or videos that contain tenants’ possessions? (Select all that apply)

I don’t have any

Having the photographs or videos taken could inconvenience the tenant

The photographs or videos could violate the tenant’s privacy

The photographs or videos could place the tenant at risk of theft

The photographs or videos could place the tenant at risk or personal harm

Other (please specify)

Question 34

Is there anything else you want to tell us?

Question 35 (mandatory question)

Can we contact you in relation to your response?

No

Yes

If yes, please provide your email address and phone number.

Question 36 (mandatory question)

Which state or territory do you live in?