The Law Handbook 2024

482 Section 6: Houses, communities and the road • at least seven days’ notice for a general inspection, and not more frequently than once every six months and not within the first three months of the rental agreement (s 86(1)(f), 86(3)); or • at least 24 hours’ notice for an inspection of the premises for the purpose of proceedings under the family violence provisions (s 86(1)(g)). Photographs and videos A rental provider can exercise their right of entry to take photos or videos for advertising purposes. However, they must follow the extra requirements set out in section 89A of the RT Act. The rental provider or agent must make a reasonable attempt to agree with the renter on a suitable time for the entry to take photos or videos for advertising purposes (s 89A(2)). A renter has the right to object, in writing, to the taking of photos of videos if: • they directly identify the renter or other occupant; • they reveal sensitive information about the renter or another person living at the premises; • they show something valuable that increases the risk of theft at the premises; or • the rental provider or agent unreasonably expects the renter to remove or conceal a valuable item (s 89A(3)(a) RT Act). A renter can also object, in writing, to the taking of photos or videos if they might identify anyone living there who is at risk of family or personal violence (s 89A(3)(b) RT Act). If a renter has given a written objection for the reasons listed above, the rental provider or their agent must not take or produce photos or videos that the renter has objected to and the renter can ask to review the photos and videos before they are advertised to ensure they do not reveal anything they objected to (s 89A(4), 89A(6) RT Act). If the renter has requested to review the photos or videos, the rental provider or their agent must not use them to advertise the property before the renter has reviewed them, and given their written consent for them to be use (s 89A(5)). If it has been more than 12 months since photos or videos have been taken for advertising purposes, the rental provider or the agent must get the renter’s written consent before they can use the images (s 89A(7) RT Act). If photos or videos were taken for reasons other than advertising (e.g. a photo taken during a general inspection) and the rental provider or their agent wants to use these for advertising purposes, they must get the renter’s written consent beforehand (s 89A(8) RT Act). Open for inspections The RT Act now provides for open for inspections for sales and rental inspections as long as the rental provider follows the requirements of the RT Act and notice requirements. Protected persons under an intervention order can require that any inspection is by appointment only, and not by an open for inspection (s 86(2), 86(2A)). Rental inspections Rental inspections cannot take place more than twice a week and cannot last more than one hour (s 86(2) RT Act). Renters may apply to VCAT to specify or limit entries for specific reasons (s 89(2)). Sales inspections If the purpose of the entry is to show the property to prospective buyers (private or open inspections for sale), the rental provider must: • give the renter proper written notice of their intention to sell at least 14 days before any proposed entry; • make all reasonable efforts to agree with the renter on the days and times the property will be available for inspection; and • pay the renter compensation equal to half a day’s rent or $30, whichever is greater, for every sales inspection (s 86(2A) RT Act). Sales inspections cannot take place more than twice a week and cannot last more than one hour (s 86(2A) RT Act). Only one notice of intention to sell is required to be given. This must be in the form approved and published by CAV. Once the notice is given, it also permits the renter to give a reduced notice of intention to vacate (s 91ZB(1)(e)) (this does not apply if the intention to sell was disclosed at the start of the rental agreement). See ‘Reduced Notice of Intention to Vacate’, below. The RT Act is silent on when compensation is to be paid. It is recommended that payment be made at the end of the entry. Renters may apply to VCAT for compensation orders where no payment has been made in a timely manner. Renter consents to entry A rental provider’s right of entry only arises if the rental provider has given a proper written Notice of