Real Estate Agent Entered Property without Permission/Notice

Lbonechiller on 08/02/2016 - 20:30
Last edited 08/02/2016 - 20:46

Hi all,

Just a quick one that we have been renting our current apartment for just under 7 months now. I came home today to find a letter from the real estate agent saying that they had inspected the premises and found it satisfactory. We did not receive any notice from the agent about this inspection, nor does it fit into the categories of entering the premises without notice. This was a routine inspection. We feel that this is an utter breach of our privacy and we have never had to deal with anything of this sort before. I have contacted the agency but have not received a reply from them as yet. What is the right course of action in this matter as it is quite unsettling to know that someone can enter the premises without our knowledge at any time.

Just FYI this is Sydney NSW

TLDR:
Real estate agent entered premises for inspection without notice. Feel our privacy has been breached.

Home & Garden

Comments

  • modsec802 on 08/02/2016 - 20:42
    +6

    Are you sure they didn't send a notice and it was lost in the mail or marked as spam etc?

    It's pretty uncommon for them to enter and also leave a note.

    • bonechiller on 08/02/2016 - 20:45

      Nopes quite sure if it had been in the mail, we would have received it. Also we check the mail daily so doubt we received any notice.

      Also the letter was in the mailbox, not inside the premises.

      But interesting point there, what if it has been lost by the post, does it free the real estate agency of due diligence.

      • the-mal on 08/02/2016 - 22:43
        +8

        But interesting point there, what if it has been lost by the post, does it free the real estate agency of due diligence.

        As a once-off? Yes, they'd get a slap on the wrist at worst. But that's why it's important you let them know in writing that you didn't receive it. That way they know they've already done it once, and if they do it again then they could be in trouble (because you'll be much more likely to complain to NCAT, and NCAT will be much more likely to not just give them a slap on the wrist).

        In all likelihood I'd say someone at the RE office forgot to send it or printed out the wrong address label - human error happens. Just make sure you let them know that you require phone calls as well from now on because whatever method they used last time didn't seem to work.

        • bonechiller on 09/02/2016 - 13:47

          Thanks for that. It is a good point. I have sent it in writing to them.

        • [Deactivated] on 10/02/2016 - 10:33
          +4

          @bonechiller: just hope it doesn't get lost in the mail ;)

      • PVA on 10/02/2016 - 18:09
        +4

        "Also the letter was in the mailbox, not inside the premises."

        they probably didn't enter the unit at all and just put a letter in the box and then tell the owner they did the inspection (and charged them).
        Could you tell they entered.

  • barginhunter11 on 08/02/2016 - 21:01
    +4

    "saying that they had inspected the premises and found it satisfactory"

    In Qld you can call the RTA for advice or whoever does this in your state…

    Id just call the agency and let them know you never had prior notice to their visit and expect it in the future.

    Then move on :D

    • bonechiller on 09/02/2016 - 13:49
      +5

      I do not want this to get ugly, but do feel this is a major breach of privacy. Think I might send them an email stating the situation and to notify us in a different form in the future.

      • BargainCowboy on 09/02/2016 - 19:12
        +5

        I agree with you bonechiller - if this were indeed the case, that's outrageous. The problem starts when these brainless real estate agents think they are superior to the tenant.

    • AlanHB on 09/02/2016 - 14:22
      +2

      I agree with barginhunter. Write an email to your real estate agency informing them that you did not receive notice of any inspection and you expect it by email next time (so it can't get lost).

      I understand that you feel this is a major breach of privacy, but as there's no real quantifiable loss you have suffered, it is unlikely that making a formal complaint to this effect will lead anywhere.

      My last real estate agent committed minor fraud, they admitted to the action and I made a formal complaint to the relevant regulatory body. The complaint was effectively dismissed (or at least not taken seriously) because I suffered no loss as a result (although it was a clear breach of our trust). I suspect the same situation will occur for you.

      • chill on 10/02/2016 - 05:01

        minor fraud

        please expand/explain

        • AlanHB on 10/02/2016 - 09:59
          +2

          Upon completion of our tenancy, we agreed to release a certain amount from our bond to the real estate to cover repairs to the house. We signed the return of bond form bearing those figure and provided it to the real estate agent for their signature and to file with the body that refunds the bonds.

          Upon receiving our signed bond form, the real estate agent realised that they had not considered the GST for services that formed their part of the bond to be refunded, that is, they had underquoted us for the repairs and amount of bond to be released. To address this issue they changed the monetary amounts on the form bearing our signature and then filed it. After the fact they told us that they had changed the amounts and filed the form. I made it clear that we did not consent to the new amounts.

          I proceeded to refer the matter to the tribunal and filed a complaint with the relevant regulatory body asking that the agent be considered for professional discipline. When I filed my complaint the real estate agent stated that they intended to refund the original amounts, and the body dismissed my complaint, considering it resolved.

          I called the body and informed them my concern was the changing of the form without my consent, rather than the monetary amount involved. Basically they said that they can record my complaint, but it's not worth them acting on in isolation. They basically chuck it in a pile of complaints and only act if a clear pattern of behaviour (and associated loss) was involved. I haven't heard anything from them since.

          Similarly, in TS's situation, an inspection occured, and they passed the inspection. There may be something more there if they failed the inspection, but they didn't.

  • the-mal on 08/02/2016 - 21:23
    +7

    The rules around this in NSW are very clear and are outlined here neatly in this Tenants NSW Factsheet.

    Inspection are allowed at a maximum of 4 times within 12 months and tenants must be given at least 7 days written notice each time.

    Given that they left a note I'm assuming that they thought they sent you a letter but for some reason it didn't arrive (either someone forgot to post it or it was lost before it got to your letterbox).

    Contact the Real Estate (in writing - via email) and let them know that you never received notice and were very surprised to see they'd entered the property. Ask that in future in addition to sending the written notice that they contact you via phone to ensure you received your notice. They'll want to know that you didn't receive it as they can get in quite a bit of strife for breaking the rules on multiple occasions.

    In short:
    - Sounds like your notice never made it to you given they didn't try to hide their entry
    - Contact them in writing to let them know and ask they ring you in future in addition to written notice

    All solved. :) Nothing you can do to change the past, but they'll definitely comply in the future. They don't want to be on the end of complaints to NCAT.

    • bonechiller on 09/02/2016 - 13:49

      That is true. I have notified them of this. Thanks for the comment.

  • nahi11 on 08/02/2016 - 21:50
    +2

    Well I guess you keep things neat and tidy if you had an inspection you weren't aware of.

    • bonechiller on 09/02/2016 - 13:48
      +1

      Its not the best but we try..

  • eatwell365 on 08/02/2016 - 22:01
    +3

    Sorry to hear about your feeling re breach of privacy.

    End of day the agent works with the owner when renewing the lease, eg the rate of increase or whether to renew the lease, so it may be worthwhile to handle gently for your benefit.

    It is unlike the agent will try to breach the law and enter the premise without notice. There is no gain for the agent to spend the time to try to interrupt your life. You seem to be a good tenant otherwise the report will not be "satisfactory".

    Agent may be just given its homework (for periodic check that they supposed to do) to the owner. It may be well overdue hence send you a letter that it has been checked (may be not). Our agents actually take photo and put in the management report so cannot cheat.

    My approach would be "Water flows under the bridge"
    I would call the agent, thank them for the report and happy that it is satisfactory. Casually ask when and who did the inspection because I did not even notice otherwise would have prepared the house in the best condition next time.

    That is just me.

    • bonechiller on 09/02/2016 - 13:51

      Like I said that we do not want this to get ugly, as we do like living here but then again we would very much like to check this breach of privacy. Thanks for that suggestion though. Going to handle this in a way that this does not happen again.

  • BigTed on 08/02/2016 - 23:15
    +11

    Wow - some of the people commenting here are VERY different to me.
    Personally I would consider it a massive invasion of privacy, a breach of the right to quiet enjoyment, and a criminal trespass.
    I would be screaming to the high heavens about it too and would complain to everyone from the RE Agent, to the REI and the Courts.
    But that's just me.

    • juventino on 09/02/2016 - 00:12
      -2

      yes. it is just you, and maybe a couple of people.

      the mail was probably lost somewhere. the inspection takes about 2 minutes. Most people aren't even home when inspection occurs since they'll be out working.

      if you're at home,you keep the house decent and they come unannounced, would 2 minutes with the agent really grossly decrease your quality of life?

    • Settero on 09/02/2016 - 00:22
      +5

      and you sir , would probably spend alot of time arguing how big the invasion of privacy is ( i can side with you that it is ) and end up getting nothing out of it , and annoying your agent and suddenly that yearly inspection becomes a quarterly inspection.

      its not that you dont have a point , the issue is what outcome you expect by escalating the matter.

      • moo on 09/02/2016 - 01:48
        +1

        I am failing to see the logic here relating to the agent increasing the frequency of their inspections. Working harder/more surely is against the norm for them? Sounds like a case of cutting ones nose to spite the face? Lose-lose IMHO. I agree with your point re: picking your battles but your example is flawed. 😄

    • barginhunter11 on 09/02/2016 - 09:25

      Sounds like you have something to hide. :D

      • BigTed on 09/02/2016 - 12:30
        -3

        Please let me have your address barginhunter so I can let myself in to your house and go rummaging around whenever I feel like and without notice to you.

        • barginhunter11 on 09/02/2016 - 12:49
          +1

          A real estate agent cleary doesn't have the same mindset as you .
          They don't rummage through your stuff either.

          Your comment implied you have a lot to hide.

        • [Deactivated] on 09/02/2016 - 14:21

          @barginhunter11:

          how would you know they don't rummage through your stuff or do lines of your coke if you aren't around to watch them.

        • barginhunter11 on 09/02/2016 - 14:41
          +1

          @terminal2k:

          You would only know if you were a freak with OCD or have cameras.

          I doub't any agent would give too flying shits over anyone's possessions over losing their job.

          There should be nothing to worry about if you are following rules , and clearly there has been a mistake in the notice of entry.

        • BigTed on 09/02/2016 - 15:51
          -1

          @barginhunter11: Oh, clearly!?!
          I have known a few real estate agents in my time - some good, some absolute creeps.
          How are you so sure what is on this agent's mind?
          And what it my post suggests I have something to hide? That I don't want strangers going through my house when I'm not there?
          Seriously?

    • bonechiller on 09/02/2016 - 13:52
      +1

      To be honest I was infuriated when I got back yesterday, still quite a bit taken aback. That is why posting here to get some level headed feedback. But I do get where you are coming from.

    • dogboy on 10/02/2016 - 15:54

      I had this happen back when I was renting. I wasn't happy and let the Real Estate know but at the end of the day I put it down to lost mail and got on with my life. When I used to live in Ireland, the landlord could enter their rental property at any time without notice so we have it pretty good here.

  • Randxyz123 on 08/02/2016 - 23:25

    Completely normal. My family has a few rentals that are managed by agents. They often go in, inspect the place, take a few pictures and make sure there is nothing that would breach the lease such as having a pet without telling anyone. Then they send the pictures and a report to the landlord. I agree it's a bit odd they didn't tell you.

    Ask them to send you a E-Mail next time before they come.

    Also we check the mail daily so doubt we received any notice.

    Mail or email 2 different things. Check your email and see if they told you.

    What is the right course of action in this matter as it is quite unsettling to know that someone can enter the premises without our knowledge at any time.

    It's pretty normal for the agent to have a spare key…? It's probably in your rental agreement somewhere. I'd just send them a email saying that in the future you'd prefer if you got a heads up.

    That might ping them to realise australia post lost a bunch of letters or something happened.

    • bonechiller on 09/02/2016 - 13:54

      Yes a part of me wants to give them the benefit of doubt but it states in our rental lease that unless it is an emergency they have to provide 7 days written notice. Going with the email thing now. More secure. Thanks for your comment.

  • moo on 09/02/2016 - 01:35

    Was there anything missing? If there was, it will be a case of your word vs their word. How would one resolve this if this particular scenario took place? Interesting conundrum 😄

    • bonechiller on 09/02/2016 - 13:55

      To be honest, I got back from work quite late last night so went to sleep and did not check. But will spend some time going through the stuff. Doubtful they would stolen anything but you got to be careful.

  • whooah1979 on 09/02/2016 - 05:49
    +7

    It's still early. Ap may deliver the letter in a week or two.

    • bonechiller on 09/02/2016 - 13:56
      +1

      Hahaha…You never know =)

  • mrmachine on 09/02/2016 - 09:33
    +4

    I had an agent who organised an inspection for a tradie to look at and quote on res praying the bath (owners choice, I didn't care). I couldn't be there so I agreed to let them in to inspect and quote only. I specifically asked if the bathroom would be out of action and he said no, inspection and quote only. Then I get home and they left a note saying the tradie decided to do the work on the spot and I could not use the shower/bath for 24 hours. I wrote to him politely explaining that some notice would have been nice. He then called me and abused me for 5 minutes threatening to arrange another inspection with the owner and them at if the place was messy he would evict me. The owner came and he said the owner was happy and wishes more tenants were like me. Wtf.

    TL;DR there are some crazy people out there who just don't give a shit about process or other people and they will do whatever they think they can get away with. And some of them are real estate agents.

    • bonechiller on 09/02/2016 - 13:58

      To be honest we deal with the RE agency and have never met the owner. We have never had any issues in the past so didnt really give much thought to it. Our agent seemed sensible enough, but then this happened. Let's see how they respond to the email thing. But sorry to hear about your situation. If you pay good money, you should be getting the service and respect you agreed upon.

  • hymio on 09/02/2016 - 14:36
    +5

    This has happened to me in the last week or so too and these are the steps I followed:

    1. Ask the real estate agent for a copy of the inspection notice - they're legally required to keep info to prove when they sent it out.
    2. Count the number of days between the day the inspection notice was sent and when the inspection took place. If it was mailed there needs to be 4 working days for postage (not including the day it was posted) plus 7 days notice (doesn't have to be working days).
    3. If they have done this correctly then they are not at fault as they have done everything correctly and they can't control Auspost being slow.
    4. Send them an email requesting that any future mail to you is also sent in email form including notices and bills.

    If they didn't give you enough notice and you want to take this up with them you can file a complaint with Fair Trading and they may be fined $2200. I think it has to be done within a certain time frame (maybe 3 months) and it might sour your relationship with the agent and landlords obviously.

  • cvas on 09/02/2016 - 15:15
    +1

    Maybe they couldn't be bothered doing the inspection so just sent the letter saying "all good brother"

    • Flying Ace on 09/02/2016 - 17:39
      -1

      They left a notice inside the apartment saying the inspection had taken place.

      • PVA on 10/02/2016 - 18:12
        +1

        they said it was in their letterbox not inside the premises.(they said it in a comment above)

    • PVA on 10/02/2016 - 18:13

      thats what I think too.

  • fozzie on 09/02/2016 - 16:16

    This agent is utter garbage. How on heart they come without telling you. That's bloody appalling. Make sure you complain to them

  • t_c on 09/02/2016 - 18:16
    +1

    You didn't forget the dildo on the night stand again did you?

    • [Deactivated] on 10/02/2016 - 10:40

      Luckily they didn't notice the hydro setup in the back room.

      • bonechiller on 12/02/2016 - 08:22

        hahaha nah none of these =)

  • Sally Cinnamon on 09/02/2016 - 18:25

    This happened to me on my first inspection. A quick call to the RE revealed that the letter had been sent to the strata address, rather than my street address, so I never received it. The strata address is a weird one and no mail addressed there ever makes it my letterbox.

    It was a simple error and easily resolved. You could just ask them to email any notice of future inspections.

    • bonechiller on 12/02/2016 - 08:23

      I have asked them to email all future correspondence. hope that will help with this.

  • infinite on 09/02/2016 - 18:41

    Basic steps for this are:

    1. Send an e-mail to your property manager and "CC" one of the company principles / managers. This sort of incident is one worthy of instant dismissal in many property management companies. I would advise the preferable method is actually a letter via registered mail so they cant claim it was "lost in the mail".
    2. File a report with your states residential tenancies tribunal / branch (or equivelant).
    3. Run a free property search at your local council to find out the contact details of the owners of the property. Contact them ASAP to advise the property manager has illegally entered your premises. Advise them that this is grounds for immediate termination of the lease and that the property manager is risking their rental income by doing what they have done. The owners may well have no clue what has happened and may want to change property managers as such.
    4. File a police report. It's a breach of privacy, as well as criminal trespass. It may not be something they enforce or do anything about now, but it's important you have a record that it's happened, as while this may be a first time the landlord / property manager has done this, they may also actually be repeat offenders or someone with a criminal history and proceed with legal action. Either way, it's important for your own safety, possible insurance needs down the line and in regards to the police, that there is a record that they have entered your property illegally.
    • diddy50 on 10/02/2016 - 00:03

      That's assuming they were not notified…

      Make a lot of headaches. Before you do any of your list, fund out what happened. Otherwise you'll come out looking a real dill.

    • bonechiller on 12/02/2016 - 08:23

      I have asked them to email all future correspondence. hope that will help with this. I guess you have to give them the benefit of doubt the first time. Will go all out if it happens again.

  • Mumbles on 10/02/2016 - 00:27

    I wouldn't worry that anything untoward happened since they left a note/report of satisfactory. As a renter you will never have 100% peace of mind about invasion of privacy as long as someone else has copies of your keys (ie. landlord, managing agent, past tennents, ex-partners, etc).

    If detecting intruders is a concern then consider installing CCTV camera's or record the video on your computer's video conference camera.

    • bonechiller on 12/02/2016 - 08:25

      I dont object to the inspection. I object to our breach of privacy and invasion of our living quarters. and obviously this is important otherwise it would not be in the tenancy agreement.

  • random110 on 10/02/2016 - 09:53
    -1

    It's important to note that service of a notice is generally effective when it is sent by post.

    There is no obligation on them to ensure you received it.

    • bonechiller on 12/02/2016 - 08:26

      Very strange coz this is a major major loophole. They can always claim they sent it but never do. Does it have to be registered post or just the normal one?

      • random110 on 13/02/2016 - 11:17
        -1

        Just normal post.

        If it came to it, service would generally be evidenced by an affidavit of service, attesting that the notice was posted on the particular day.

        Look at it the other way, it would equally unfair if they did post it, it was lost in the post, and then the real estate agent was sued for trespass when they entered, believing they had authority.

  • rambao9 on 10/02/2016 - 16:07
    +1

    They could've atleast given you a phone call an hour, a day or two before the inspection… generally agents SHOULD be trying to organize inspections with the tenant just in case they needed to discuss any issues with the property.

    Sounds like he just wanted to sneak into your property.

    • bonechiller on 12/02/2016 - 08:26

      I agree. Like I said before we do not object to the inspection. Just the breach of privacy and invasion of our living quarters.

  • SnakeCasablanca on 10/02/2016 - 17:56

    Was your privacy breached? Possibly as per points raised above.

    What damages are you seeking if you indeed confirm that your privacy has been breached?

    Because this sounds like a non issue. Talk to the real estate to improve the situation moving forwards. It sounds to me like you wanted people to tell you that you deserved some sort of recompense. If that's the case… You dont.

    • bonechiller on 12/02/2016 - 08:30

      Not really. I am just wondering if this is something that happens quite a lot. Like i said before, we very much like living where we are and do not want things to go south. TBH our fellow OZbargainers have given quite good advice and heeding with that I have emailed the agency asking them to send all future correspondence via email. This is to ensure reliability and accountability. But if it happens again, at least I now have a fair bit of idea how to handle it rather than waste my night all fuming after finding a surprise letter like that. Hope that clarifies it.

  • Stphen on 10/02/2016 - 18:01
    +1

    What would happen if a single woman came home to find a man in her room taking pictures, only to be informed that it was an inspection… [porn music starts]

    Surely they have a tenants mobile phone number and could notify them that way as well. You should be able to ask the Real Estate Agent to be contacted by your mobile phone when you are being sent an inspection notification in the mail, especially since Australia Post snail mail is even slower now. It would be easier all around and less complaints.

    • bonechiller on 12/02/2016 - 08:31

      Exactly. What if we were to come home while someone was taking pictures of the house. That would be one terrible situation.

  • jlogic on 10/02/2016 - 18:10

    1). Find out what happened.
    2). Send an email so you have a record of this. Outline in future if the request can be posted and emailed.
    3). If nothing looks suss. Leave it at that.

    Sh*t happens sometimes and every so often it lands on your square.

    If it happens again then it's not sh*t but a problem that needs to be dealt with. But remember point 2). you now have a record that this has happened before.

    Better things to do that to worry about this.

    Renting at the moment and couldn't care less if they came in unannounced. I don't have a lot and nothing worth taking if they cared about their job. As long as they leave a report I am sweet. Also I don't walk around the house naked or have 100's of sex toys laying around so sweet on that front :D

    • bonechiller on 12/02/2016 - 08:32

      Thanks for that. I have emailed them as a precaution and for recording this incident. Dont really care about the inspection as we keep the place pretty good. But the invasion of privacy is my major concern. Thanks for your comment.

  • Mysterious Laptop on 10/02/2016 - 18:45
    -1

    Exactly why it's worth to buy your own place, maximum privacy, not having to deal with agents and landlords.

    • bonechiller on 12/02/2016 - 08:32

      Wish I had the money =)

  • biltong2go on 10/02/2016 - 22:15

    As @cvas pointed out, there's a chance they didn't actually perform the inspection, and simply passed it.
    There doesn't seem to be any real suggestion that they entered the premises and actually performed an inspection.

    • bonechiller on 12/02/2016 - 08:33

      They did. They said some things in the letter that are very specific so I am sure they had entered the premises.

  • Odin on 10/02/2016 - 23:41
    +1

    I would be totally furious if that occurred. Talk about a breach of privacy. I'd honestly be walking and claiming it as a breach of the terms of the lease agreement. That'd get the owner pretty pissed at the agent.

    Australian's have little regard for their tenants rights, compared to overseas we aren't very nice to our tenants (though we're not too bad all things considered).

    • bonechiller on 12/02/2016 - 08:34

      I know what you are saying. I was the same when i got home to find that letter in my mailbox. But I am going to let it slip just this once as it is the first time and a mistake might have been made. Have recorded the incident never-the-less. Wont be so calm the next time around.

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