Photographing and Filming Tenants’ Possessions for Advertising Purposes: Report

Recommendations

Right to enter

1 The landlord and landlord’s agent should have an express right to enter to take advertising images.

2 When exercising the express right to enter to take advertising images:

(a) The landlord or landlord’s agent must not take, or permit to be taken, an advertising image where the tenant has objected in writing to the image being taken because it would show:

(i) a possession that directly identifies the tenant or another occupant,

(ii) a possession that reveals sensitive information about the tenant or another occupant, regardless of whether that occupant’s identity is also revealed, or

(iii) a valuable possession which places the tenant at a heightened risk of theft

and it would be unreasonable to expect the tenant to remove or conceal the possession.

(b) The landlord or landlord’s agent must not take, or permit to be taken, an advertising image showing a tenant’s possessions where the tenant has objected in writing to the image being taken because:

(i) the tenant or other occupant is at risk of family or personal violence, and

(ii) the image would show possessions that may reveal the identity of that occupant to the person posing the risk.

Right to use

3 Where a landlord or landlord’s agent wishes to use an advertising image showing a tenant’s possessions more than 12 months after the image was taken, the landlord or landlord’s agent should be required to obtain the written consent of the tenant or former tenant before using the image.

4 Where an image showing a tenant’s possessions was taken for a purpose other than advertising, the landlord or landlord’s agent should be required to obtain the tenant’s written consent before using the image for advertising purposes.

Notice of entry

5 When relying on the grounds of entry in the Residential Tenancies Act 1997 (Vic) to enter to take advertising images, the landlord or landlord’s agent should be required to:

(a) provide the tenant with at least seven days notice; and

(b) enter between 8 am and 6 pm except on public holidays, unless the tenant consents to a time of entry outside those hours.

6 The landlord or landlord’s agent should be required to include the following information in a notice of entry to take advertising images:

(a) the purpose of entry;

(b) the date and time of entry;

(c) the name and contact details of the landlord/agent;

(d) the tenant’s opportunity to remove possessions from view;

(e) the tenant’s right to object to images being taken in certain circumstances; and

(f) the tenant’s right to be present when images are taken.

7 It should be lawful for the landlord and landlord’s agent to deliver a notice of entry via electronic communication where the tenant has consented.

8 The standard tenancy agreement should make provision for parties to consent to the delivery of a notice of entry via electronic communication.

9 If a tenant states that they wish to be present when advertising images are taken, the landlord or landlord’s agent should be required to make a reasonable effort to arrange for the visit to occur at a time when it is convenient for the tenant to be present (having regard to the work and other commitments of both the tenant and the person entering).