Am I being unreasonable with my landlord?

We are shortly moving into our new PPOR but have been renting for 18 months.

A few weeks ago the rental agent told us the house owner was selling the house.

A week later we had FIFTEEN agents from the selling REA tramp through the house. The next day the photographer was there for over 2 hours, moving our things around and asking us to put things away out of site to get good shots.

We are now pencilled in for 2 open inspections per week for the next three weeks, starting tomorrow, and the auction is on 22nd August.

The advert has gone on the internet and the photo's obviously show all our belongings.

Now, all the above we are generally fine with - the open houses are a bit of a pain as the thought of tons of people wafting around around belongings doesn't exactly appeal to me. We have thoroughly cleaned the house and de-cluttered, we don't want to make it difficult for them to sell.

What has really ticked me off though, is that yesterday I return from work to find a 12 foot tall for sale sign on the front, yes - it is at least 12 foot tall. On this board are two blown up photo's, one of the kitchen and one of the living room. The living room photo shows my entertainment cabinet,complete with plasma TV, Hi-Fi equipment, media centre computer, speakers and games consoles. This photo is about 4 feet square and at the top of the board, the unit is on a corner and the board has superb exposure. So, I am not at all happy that basically the REA is advertising to every passing wrong-un that the house is well worth breaking into.

With all the photo's that were taken they could easily have used a shot that didn't show high value items, and the bit that's ticked me off the most is that they didn't have the courtesy to ask us if is was ok to use the pictures.

I have covered up half of the picture of the lounge so that our equipment is not visible and told the REA to get round and sort it out. I very much doubt that they will do anything and they have told me it's unacceptable for me to cover the picture. The REA will speak to the owners today about recommissioning a board, but I very much doubt they'll do that.

We're in Victoria, and it seems we have no actual rights to stop the display of this photo - which seems ridiculous to me.

It also makes me wonder if the insurance company could use it as an excuse to not pay out if we were burgled, i.e. they may argue that we had advertised the contents of the house and courted burglary?

I understand people have to sell tenanted houses, that's fine, it's a pain for the tenant but we are doing what we can to help - however, this has really pissed me off. Does anyone have an idea of what I can do if the REA turns around and says tough, the picture stays?

I don't think the owner will see reason, they have already had the cheek to ask if we will stay on in the house until after the auction so that people viewing can see the house full of our nice furniture instead of being empty. Er, yeah - ok, we'll not move into our nice new house we've spent the last 12 months building just so you can borrow our furniture.

It's the final inspection on our build today, we're hoping to hand over next week. Once we are out of the rental they can use the picture and if the place is broken into - tough, their problem. But, whilst we are living there, I really do not want my gear plastered 12' high on a board outside.
 
We're in Victoria, and it seems we have no actual rights to stop the display of this photo - which seems ridiculous to me.
Whilst I sympathise, the only thing that's important, if the owner isn't being reasonable, is what your legal position is. If you've investigated and discovered that you have no rights to stop the display of the photo, then there's not much more we can say.

A great shame to see your cooperativeness back-firing on you. :mad:

There are all sorts of things you could do to make life difficult for the owner, such as hanging around for the opens pointing out all the negatives of the property, leaving the place a huge mess etc, but they'd all be vindictive, wouldn't they? ;)
 
i don't think you are unreasonable and IMO you have every right to remove the sign or to spray paint over it.

They should have got your permission to have personal items on display
but I wouldn't worry too much about getting burgled.

Thieves rarely take large items
 
i don't think you are unreasonable and IMO you have every right to remove the sign or to spray paint over it.

They should have got your permission to have personal items on display
but I wouldn't worry too much about getting burgled.

Thieves rarely take large items


It's not at all in my nature to be vindictive, as much as this annoys me - we'll still do what we can to help them get a good sale. I am brining a ton of huge paper sheets home from work today, I dare say if I spray paint it I would be in big trouble, but if the REA takes down the cover I put up yesterday then I'll just keep putting another one over it.

My real concern with this is would they have recourse to sue me for potentially harming the sale value due to tampering with the marketing board?

I was burgled about 9 years ago, whilst I was asleep in bed. I never heard a thing. I cam down in the morning to find I had been totally wiped out - unbelievable. They must have been on the house ages. Every cupboard & drawer was open, my hifi, DVD player, TV, Mini-disc, DVD & CD collection (about 500 CD's at the time), car keys, phones, car stereo.....the list goes on. They even stole the food I had taken out of the freezer that evening for the next day. You'd have thought there's been a removal team gone though the place, and to think Emma and I just slept straight through it all totally unaware.

In the living room there was a 10" bread knife on the floor that they had used to quickly cut through all the wires on the TV & video etc to save time. God knows what would have happened if I had caught them in the act and one of them is stood there with a knife! It was harrowing afterward, the thought of people being in your house thieving whilst you're in bed but I am so thankful we slept through it.
 
i don't think you are unreasonable and IMO you have every right to remove the sign or to spray paint over it.
Yeah, and when the police knock on your door, just say "some guy on the internet named BV said in his opinion I had every right to remove it". :rolleyes: :D
 
My real concern with this is would they have recourse to sue me for potentially harming the sale value due to tampering with the marketing board?
No, they'd never be able to quantify their losses.
Tony & Emma said:
I was burgled about 9 years ago, whilst I was asleep in bed. I never heard a thing.
That is a truly awful experience, and I understand your wariness even more now.
 
the paper idea is good
IMO they wouldn't sue you because they didn't have your permission to put those pictures up in the first place.
 
Speak to consumer affairs in Victoria or the tenants union. Try the Privacy Commissioner too.

Your lease would say presumably that they have a right to inspect, show the house etc. Do they have any specific right to take photos of your contents. Hopefully they've got more photos of your contents on the website so a burglar can be well-informed.

From left field - get them to photoshop a doberman or rottweiler onto the photos
 
There was a recent thread about this and I believe it is illegal for the owner to show tenants belongings. I was burgled two weeks after our house (my own PPOR) was sold at auction and the offenders knew exactly where the expensive equipment was (computers, game systems and the like) so they had obviously come through the open inspection. You must do everything within your legal power to protect your property.
 
There was a recent thread about this and I believe it is illegal for the owner to show tenants belongings. I was burgled two weeks after our house (my own PPOR) was sold at auction and the offenders knew exactly where the expensive equipment was (computers, game systems and the like) so they had obviously come through the open inspection. You must do everything within your legal power to protect your property.

That's just as horrible as being burgled whilst sleeping through it!

Tony and Emma, considering you've politely asked them to see your POV and they haven't done anything, I would get a friend of a friend to spray paint the board. No proof that it is you, and they will have to pay to get a new board.
ETA: those billboards get vandalised ALL the time.
 
what a complete and utter lack of respect by your landlords and agent regarding this!!! First and foremost i would be ensuring that a letter of complaint/concern is addressed to both the landlord and the agent outlining your concerns in detail.

The agent/owner certainly do not have any legal right to take photos of your personal belongings and advertise them without your explicit consent, i am amazed that any agent in this day in age would even consider doing this without getting permission from the tenant first! The agent/owner would totally be liable for a lawsuit should you be robbed. They are compromising your safety, this is against the ACT. I think that should you be robbed there would be cause for a law suit.

Furthermore, with that many inspections and disruptions to your quite enjoyment of the property you are definaetly within your rights to seek a rental consideration. If the owners want you to maintain the property to such a standard for selling purposes then you should be compensated. I am sure you are neat & tidy anyway, but it can be a pain in the butt making sure that every dish is cleaned and EVERYTHING is put away and the property cleaned twice a week!

Good luck!
 
Are you sure there is no need for you to sign a form allowing your photos to be used? In Queensland the legislation has just changed and this is the new rule.

I just wondered if the agent has told you or if you have checked to see what the legislation says. Perhaps Queensland has just moved more quickly than some other states, but I now it has just come in here about two months ago.
 
Are you sure there is no need for you to sign a form allowing your photos to be used? In Queensland the legislation has just changed and this is the new rule.

I just wondered if the agent has told you or if you have checked to see what the legislation says. Perhaps Queensland has just moved more quickly than some other states, but I now it has just come in here about two months ago.

I checked myself. It seems it's different here in Vic.

I called the Victorian Tenants Union, who said it's not actually covered in tenancy legislation. They have solicitors on hand to give advice, so they put me on hold and consulted the solicitor.

The advice was we have two options.

1 - Call the Federal privacy commission and see if it comes under their legislation.

2 - Issue a breach of duty under quiet enjoyment for reasons of privacy.

I called the privacy commission, they said unless there is something in the photo that directly identifies us, i.e. a picture of us or a letter or something then there is nothing they can do, basically the owner seems t have every right to photograph any of our belongings and do what she wants with them.

The problem with the breach if duty notice is that it would take 14 days for anything to happen, by which time we intend to be out anyway.

So, the long and short of it is that she technically isn't doing anything wrong, and if we do anything to the sign its us that will get into bother.

I called the selling agent again on Friday afternoon, I said as a compromise would they cover the part of the photo that shows the equipment only until we have moved our things out of the house - approximately one week, then they can display with our complete permission. Or, I asked if they would change the photo. They told me it would be $120 to change the photo. The owner has said she is not prepared to do this, or cover it for a week and is adamant that she want that particular photo displayed. She even had the cheek to say that it was quite normal for these board photos to show a TV. Maybe so, but this photo also shows about $12k in cinema and games consoles - and doesn't carry our permission!

The first open house was today, the agent took down the cover I had put on the photo. She has become a little more sympathetic with us, but ultimately has to do what her client requests. She said she will speak to the managers on Monday to see if they can temporarily cover the photo until we move, or even see if they will cover the costs to change it. She doesn't sound hopeful, and I bet the owner would have a fit if they did change it.

So - we just cant wit to get out now. We hopefully get the keys to the new build on Thursday, we'll be moving most stuff next Saturday and the rest the Saturday after.

The absolute worst part about it all is the total lack of respect and disregard for our feelings. The owner is obviously only interested in getting the best price for the house, which is fair enough, but one photo is not going to make any difference to that. She is being VERY silly as she does not know us at all, although we are respectful of the house and would not do anything to jeapodise the sale, (in fact we have gone out of our way to help so far), we could quite easily have been the kind of people that could potentially ruin the sale. She obviously hasn't thought it through. For instance, the write up of the property is a complete lie, the place is described as a well built, well appointed palace with granite benches and other features whereas in fact the place is made from cardboard, the heating is useless, the doors & windows don't fit the frames, the 'granite' benchtops are laminate and the gumtree in the front garden has ruined the foundations. It would be very easy for me, in fact I could even say it would be my civic duty to let people know these things as they wonder round during the inspections.

I am busting to write a scathing letter to her explaining the way she has treated us, but we're waiting until we're out and have our bond back first. I just can't wait to get out, she has really spoiled what has been a generally a good experience living here.

We have preliminarily booked a cleaner to do a thorough two day clean when we vacate, but we are waiting for the property manager to confirm they will come and check us out immediately after the clean. Technically, they have 14 days to do it but that will mean that between the clean and the check out there will have been another open inspection and the auction. The cleaning company tells me there could easily be 200 people at the auction for this area. So, there's obviously no way we would pay to have the house cleaned then have the final inspection happen after the auction.

Sorry for the long post, just needed to vent a little.

Cheers.
 
the long and short of it is that she technically isn't doing anything wrong

You've already got your answer then. Technically is all there is. The rest is just grey fluffy opinions.



I asked if they would change the photo. They told me it would be $120 to change the photo. The owner has said she is not prepared to do this


Maybe you pitched the wrong question....like most tenants do. Maybe you should have asked "If I pay the $120 for the change, will the Landlord agree ?" Then they know you are serious. It sounds more like a whingy bleat.


this photo also shows about $12k in cinema and games consoles - and doesn't carry our permission!

Obviously you haven't been listening or absorbing any of the advice you have been receiving thus far from all of your sources....the Landlord does not need your permission!


She said she will speak to the managers on Monday to see if they can temporarily cover the photo until we move, or even see if they will cover the costs to change it. She doesn't sound hopeful, and I bet the owner would have a fit if they did change it.

As I suspected, it's all about you trying to dodge the piddly $120 as well. Your "fix-a-drama-meter" thresh-hold is set way too low.


The absolute worst part about it all is the total lack of respect and disregard for our feelings....She is being VERY silly as she does not know us at all

Cheer up. Bit dramatic. Can't be that bad if $ 120 fixes the photo but you aren't prepared to pay.


I am busting to write a scathing letter to her

Get yer pen out and do your worst. That'll do you a world of good. Who knows - she could be reading this thread as we speak. There is a few female Victorian Landlords on this site.

just needed to vent a little.

Yeah - that's what it looked like to me. 120 bucks - sheesh.

(..."it's not about the money - it's about the principle of the matter"....the most common phrase for the start of every legal spat).
 
TPFKAD - You seem to be placing a huge emphahsis on the $120? I won't pay the $120 because it will take until mid next week to change the photo anyway. I have told them that after next Saturday they can use the photo as we'll have moved the stuff out.

All I asked of them was to allow the part of the photo that shows all the gear to be covered until next Saturday - not a big ask. It's the landlords attitude that is the real issue.

Yes - I get it - I know they don't need permission. I have been listening to the advice. What pisses me off is the complete lack of respect and courtesy.
 
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I would remove the sign and lay it on the ground upside down so the photos are not visible. When they put it back up, repeat the process. Repeat again when necessary until auction day.
 
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