A Queensland renter discovered a tradie appeared to film her apartment while she was not there after she checked her 'petcam' footage

An Australian renter has discovered a tradesman allegedly filming inside her apartment while she was not at home after her ‘petcam’ recorded footage of him.

The Queensland woman recently took to the ‘Don’t rent me’ Facebook group to ask for advice after the camera, used to check on pets, snapped images of the tradie.

The renter said he is the partner of her property manager and handles maintenance for the building – but she had no clue why he appeared to be filming.

The woman said she was in the process of moving out and agreed to let the property manager show prospective tenants around while she was at work, but he apparently tagged along and stayed after the tour.

‘(He) does maintenance for the complex (and went about) filming every room,’ she said.

‘I was at work and not present for the viewing … Is this allowed? I’m confused as to why he was filming.’

A Queensland renter discovered a tradie appeared to film her apartment while she was not there after she checked her 'petcam' footage

A Queensland renter discovered a tradie appeared to film her apartment while she was not there after she checked her ‘petcam’ footage 

Commenters on the post said they were also stumped as to why he would be going about getting footage of the property as there would be a proper rental inspection when she moved out.

‘This is unacceptable,’ one said. 

‘I’d be emailing those photos and asking for an explanation from the building manager and their partner,’ another said. 

‘I’d also be asking why he was allowed to stay inside the property after the viewing.’

‘Totally unlawful,’ a third said.

According to Tenants Queensland solicitor Julie Bartlett, depending on the circumstances, it could indeed be illegal.

‘Taking photos or filming the tenants possessions without their consent would be seen as a breach of the tenant’s quiet enjoyment by the agent in permitting the filming to occur, and also an offence under the Act,’ Ms Bartlett told Yahoo News. 

Commenters on social media said it was 'unacceptable' and the tenant should ask for an explanation from the property manager

Commenters on social media said it was ‘unacceptable’ and the tenant should ask for an explanation from the property manager

Ms Bartlett said the tenant would need to give permission for any footage or pictures to be used by the agent or property manager.

‘The (pet) camera (is) some good evidence for a possible complaint to the RTA’s compliance and enforcement team regarding any offences that might have occurred around unlawful entries, quiet enjoyment or using pictures of the tenant’s possessions without consent,’ she said.

Any breaches of the law in these areas could result in hefty fines, she added. 

THE RULES AROUND LANDLORD INSPECTIONS IN AUSTRALIA

ACT

Landlords must provide seven days’ notice for routine inspections in the ACT. They can conduct four checks annually; one at the start of the lease, one at the end, and two during the tenancy. Landlords must conduct inspections at a ‘reasonable’ time, with checks on Sundays or public holidays banned. Appraisals are only permitted between 8 am and 6 pm unless they get tenant consent.

NSW 

Landlords in New South Wales must give at least seven days of written notice for routine inspections and conduct a maximum of four checks annually.

VIC 

In Victoria, a landlord may give their tenants just 24 hours of written notice before inspecting the property. Still, inspections may only occur every six months and not within the first three months.

TAS 

In Tasmania, it’s only a 24-hour requirement, although inspections are capped every three months.

QLD 

Landlords in Queensland must give you at least seven days’ notice for a routine inspection and conduct only one review every three months.

SA 

In South Australia, the landlord may inspect the property once every four weeks but must provide between 7 to 14 days of written notice.

WA 

Seven to 14 days notice, but capped at four inspections per year.

NT 

The landlord must give at least seven days, and inspections are capped quarterly. The tenant must be present during any appraisals unless they’ve given the landlord or agent consent to enter the property without them.

Source: Dynamic Residential 

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