Agent Inspected Property Prior to Agreed Upon Date/Time & I Was Not Informed of The Inspection

jikijiki on 14/08/2017 - 21:07
Last edited 15/08/2017 - 08:35 by 1 other user

When I first signed my lease, I was given the notice that I would be inspected on XX August. Today, coming home at 8PM I notice that the real estate agent's calling card was left on my table.

Looking at the letter, I notice that the date at which it was inspected is a full week ahead of when I was supposed to be inspected.

Not only that, but no one from the business has informed me that they will be/have already conducted an inspection of the premises and I feel like there has been a breach of my privacy as well as a breach of my tenancy rights.

When I look on the NSW Residential Tenancy Agreement I think they are in breach of section 23.5 and 24.3:

23.5: "…that the landlord , the landlord's agent may only enter the residential premises…if the tenant is given at least 7 days written notice"

24.3 "must, if practicable, notify the tenant of the proposed day and time of entry"

I'm from NSW - is this something I should take up with the rental board?

Home & Garden

Comments

  • whooah1979 on 14/08/2017 - 21:26
    -4

    I'm from NSW - is this something I should take up with the rental board?

    what kind of remedy are you looking for? free rent for a day, week or month?

    • jikijiki on 14/08/2017 - 21:30
      +11

      Not in it for financial gain - here on matter of principle because I feel violated having someone enter my living area without my consent/knowledge and also because I am quite angry. I'd just like to know who to report it to. Thanks.

      • the-mal on 15/08/2017 - 07:23
        +12

        Report it to the agent. Mistakes happen, but they need to know that this isn't okay and that you're upset about it.

        Our agent sent workmen in on a day I didn't agree to and I had a very firm and frank discussion with them about the fact that I didn't have a chance to secure any valuables and that insurance wouldn't have covered me because they had keys. I wasn't a jerk, but I was very assertive and they got the message loud and clear. They've been really meticulous with arrangements ever since.

        Outside the agent the only real people you can report this to is Fair Trading and they won't do anything for something one-off like this unless you wanted action (free rent, to break the lease etc).

        I'd just make it clear to the agent you're not happy about it and ask them to please respect your privacy next time. They'll likely apologise and be much more careful next time.

    • jikijiki on 14/08/2017 - 21:32
      +10

      Don't think I need to be more specific, the fact that someone entered the building without my knowledge is a breach of privacy in and of itself.

      If you were looking for more specifics, I had documents with sensitive information on my table.

      • original15 on 14/08/2017 - 22:50
        +1

        By any chance is "sensitive information" code for porn? If so, a similar thing happened with a mates sensitive information in our apartment a few years back and was fine, real estate agent never mentioned a thing

        • jikijiki on 14/08/2017 - 22:51
          +1

          No, it was sensitive information relating to my personal information that they would not have access to.

  • kipps on 14/08/2017 - 22:03
    +3

    Under the lease you will be entitled to quiet enjoyment and peaceful possession.

    Unannounced inspections infringe on that right.

    Issue a notice to remedy breach to the lessor demanding an undertaking that it not occur again.

    • bargainswarrior03 on 16/08/2017 - 16:21

      1) this is a common law right, I am sure it is acceptable in most contractual lease agreements that agents can enter land.

      2) this right really protects OP from noisey interferances.

      3) even if the breach applied, the notice would only be relevant if the agent continued to enter the premises without OP permission

      • kipps on 16/08/2017 - 20:14

        I really don't understand what you are trying to say. Not one of the comments address the recommendation.

  • qwerty on 14/08/2017 - 22:15
    +1

    https://www.tenants.org.au/

    They should help

    your option is to report it and possibly get the re agent fined or a warning / firing , if they are also the owner of the property you could expect a negative response back but they cant go to the property without your permission so they did something wrong .

  • [Deactivated] on 14/08/2017 - 22:21
    +4

    Have you spoken to the agent…. like a normal human?

    • jikijiki on 14/08/2017 - 22:28
      +2

      Havn't had the chance because I only got back at 8PM, need to know what my options/rights are before going into that conversation.

      • [Deactivated] on 14/08/2017 - 22:32
        +1

        What are you looking to gain?

        Go in there and demand rights/money/victory?

        It really seems like most of these issues brought up on here could be solved with a good old fashion conversation.

        • jikijiki on 14/08/2017 - 22:36
          +6

          Put it this way, I admit my place wasn't clean at all when they inspected it today (given the fact that I didn't know they were going to inspect it).

          I am also not in this for financial gain.

          If they decide to use this fact against me in any way, and I do realise that by saying this you might presume me to have had a previous, negative history with the agent (I have not, I am a new tenant), then I think you can understand why I'd like to know my rights and what my options are in dealing with them tomorrow.

        • [Deactivated] on 14/08/2017 - 22:47
          +2

          @jikijiki:

          You seem capable of asserting your situation to a stranger on the internet; you will be fining explaining this to a real person.

        • spackbace on 14/08/2017 - 22:53
          +2

          @jikijiki:

          Email them instead of talking to us

          Email = paper trail

          Simply questioning what gives will give you an answer. I certainly wouldn't threaten court in that first email though.

        • juventino on 15/08/2017 - 01:38

          @Spackbace:
          yes, no court..use bikies straight away

  • EightImmortals on 15/08/2017 - 06:33
    +2

    Uh-oh, someone left their bong on the table?

    • Euphemistic on 15/08/2017 - 06:59

      Could be worse. Could have been pro ISIS materials, or even worse pro-Donald trump.

  • furys12 on 15/08/2017 - 10:05
    +13

    wow the rhetoric in here is ridiculous, it doesn't matter what particular thing OP had in his house he didn't want seen and the assumption he wants money or free rent is a crazy thing to jump to, the fact of the matter is by entering "his" property without the proper notices the real estate has violated some pretty principal rules that make renting work in the first place.

    @jikijiki you should make sure it was (or wasn't) an honest mistake, that they apologise profusely for, being what sounds like exactly a week early could actually be a scheduling snafu my real estate does its inspections on 1 day each week, if they don't apologise for it etc then absolutely report them to the relevant authorities

    • Strange1 on 15/08/2017 - 10:44
      +3

      +1 for me. Both in terms of the rhetroic on other posters, and in terms of the suggested action

      FWIW i'd be furious if this ever happened to me

  • [Deactivated] on 15/08/2017 - 15:54
    +1

    My agent arranged an open house on a day I hadn't agreed to. In fact I was still in bed when he let himself in the front door. It was a unit, and I heard the front door closing when he realised his mistake. I chased him down the stairs with a towel wrapped around my private bits and apparently when I cornered him, and politely asked him who he was and why he had a key, he thought that was the day he was going to meet his maker.

    • Zachary on 15/08/2017 - 22:37

      That would have been quite a sight to see; random person half naked chasing after a guy in a nice black suit….

  • Ryanek on 15/08/2017 - 16:24
    +3

    Crikey these comments are terrible. I understand and agree where you're coming from OP. Do you have contact with your land lord at all? I wouldn't hesitate to bring it up with them so they can give their agent hell.

  • noob999 on 15/08/2017 - 19:31
    +2

    You left 400 cash on the table.
    When you got home the money was stolen.
    You can only blame the Agent as they left a calling card!!!

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