Help! Can building security enter apartment citing inspection without any notification

Hi People,

I wanted to ask a question, recently one of my friend had a building manager/security barged into her home citing an inspection without any prior notification, he just knocked the door and entered the apartment as soon as my friend opened the door citing he wanted to inspect the apartment, even though my friend didn't give him any permission to enter her apartment and also she requested him to take off his shoe once he entered her home to which he said he cannot do that

(As far as I know only agents were allowed to inspect that too with prior appointment)

Fyi my friend is Asian and she speaks limited English and asked my help to communicate with the building security he hung up on me, it's one of the building in Sydney City (Haymarket, Castlereagh Street)

According to my friend building manager or security has done this to many residents in the building who are Asian and speak limited English

I just wanted to know if building security are allowed to do so?

Sorry for the long post, cheers

Comments

  • +3

    They are required to give 2 days notice, unless it is some sort of emergency. It sounds like whoever it was that barged in is taking advantage of your friend's lack of English, and maybe the fact that she is female. Try talking to the owner/realestate agent about it. As a renter, you have to get used to the saying: "grin and bear it," unfortunately.

    • +9

      As a renter, you have to get used to the saying: "grin and bear it," unfortunately.

      Nonsense, as a renter you have the right to peacefully enjoy your home without having strangers forcing their way in and trespassing.

      Short answer, the building management/security/owner/agent or anyone else for that matter have no right to enter your home without a valid reason or notice (and that also includes the police).

      How do you know that they are actually the management staff and not thieves or rapists?

    • +2

      This is bullshit, as a renter you still have rights.

  • +3

    Get a bunch of bikies to "inspect" his apartment

  • +2

    Contact the tenants union. they may have interpreter services too. They are not allowed to do this

    • +5

      I'd also contact the police and make a complaint. That way if they do it again and you call them urgently asking for someone to come they know to treat it a bit more seriously.

  • +2

    No it is not.

    Get in touch with these guys for advice on the situation. I believe they have other languages so hopefully they have your friend's language. https://www.tenants.org.au/

    I'd personally also notify the real estate agent of the breach, and "request" all inspections should be accompanied by an appropriate entry notice, which in NSW appears to be 7 days.

    If they try it again, I'm sure the police would be interested if an unknown man is forcing his way into your friends apartment.

  • +1

    Thank you for the comments guys, I really appreciate it, the whole issue is based on assumption that my friends apartment is overcrowded , this incident was before the lockdown in Sydney , my friend has friends come over once everyweek usually around 6 people for dinner, my friend has a parking space but doesn't own a car, her friends have a car and they park their car in my friend garage , my friend picks them up from garage and brings them though garage lift upstairs , security has observed this everyweek and accused my friend of having many people in her apartment, there are only 4 people who stay there permanently, it's a 2 bedroom apartment, when they have a party once everyweek , they have friends over who visit for dinner and leave by midnight, so the security even sent email to agent citing this incident with video evidence , when I asked the security that those people usually leave after midnight , he just hung up on me (I was translation for my friend) , even agent sided towards the building security,

    But when the security visited my friends apartment , he didn't see any extra bed or extra person there, even though he visited without any notice, he's just using the video footage as a evidence to inspect the apartment

    This was the whole story

    • …even agent sided towards the building security

      I guess what can be done now depends on what your friend wants to do at the end of the lease. If a lease extension is something that is required later, then deal with it in a "polite" way and in writing to try and ensure it doesn't happen again. If renewal of the lease is of no concern and they try it again, then you have the right to use reasonable force to get them out (of course, after first directing them to leave and they refuse) of the apartment. Alternatively, call the cops because they are trespassing.

    • +4

      The next step (and what should have been the first step) is to call the cops and say this person trespassed and entered without permission.

    • -3

      To be honest, my view is that the building security person had reasonable suspicion / reason and visited the apartment on that basis.
      When the incident happened, how many people were in the apartment?
      Were any of those people able to discuss the visit in English?
      What was the reaction of those in the apartment during the visit?

      Calling the police at the time of the incident, hopefully whilst someone takes a video on their phone, would have been the most appropriate action, but too late for that now.

      • +4

        Reasonable suspicion doesn't warrant entering without an invite.

        This isn't an emergency.

        Send a letter to the tenant and agent/owner and go from there.

        • We don't actually know what happened when they knocked on the door, do we.
          We assume that one of the occupants opened the door (why did they do that?). Did they allow the visitor in, or did the visitor force their way through the open door? There is a big difference.
          What actually transpired inside the unit? Was the visitor polite or were they aggressive?

          Some actual facts, and the complete story, would be helpful.

      • building security cannot enter a apartment FULL STOP

        • +1

          Never say never:
          Entry without consent, without notice:
          The landlord/agent, or another person authorised by the landlord, can enter the premises without your consent and without notice, only:
          a) in an emergency, or
          b) to do urgent repairs (see Factsheet 06: Repairs and maintenance), or
          c) if the landlord thinks that the premises have been abandoned, or
          d) in accordance with an order of the NSW Civil and Administrative Tribunal (NCAT), or
          e) if they have serious concern about the health/safety of a person on the premises (after they have first tried to get your consent to enter).

          From https://www.tenants.org.au/factsheet-08-access-and-privacy

          Unless we know all of the facts, we are only making assumptions.
          I'm not defending the security visit; I just don't know all of the facts.

          • @GG57: and it was none of them , a contract security guard ,possibly he asked first we dont know,neverless the OP friend sshould leave immediately

            • @selfishnarcissistman: How do you know "…it was none of them…"?
              Unless you were there as well, with OP's friend, we don't know.

    • As someone that owns a apartment in that street the answer is NO !
      NOTHING to do with building security ,call the police and make a complaint about trespass
      if my tenants told me that i would be horrified

    • CALL THE police next time ,secondly i have 2 apartments in castleraegh street i CANNOT rent out,no tenants

  • he probably took advantage of the situation and catch your mate out, especially if they are subleasing. 2 days notice would have given them ample time to cover up

  • +5

    Hopefully your friend is abiding by the NSW lockdown rules and regs. Sounds a bit crowded.

    If they are concerned they could issue a breach notice to the landlord/REA - but they may also want to read up on the body corporate or strata rules (which they may have also accepted in renting the property) in case there is something about "no parties". I'm assuming they are renting here based on your OP.

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