Some landlords check in on their properties occasionally—but one Melbourne landlord took it to the extreme. Now, she is paying the price after being hit with a fine for repeatedly breaching her tenants’ privacy.
A Melbourne landlord has been fined for what can only be described as an extraordinary breach of privacy and rental laws. The property owner entered the rental property without permission, breaching Victorian tenancy laws.
Over a period of 15 months, this landlord entered her tenants’ home in Prahran, an inner-city suburb of Melbourne, a staggering 29 times, sometimes without the tenants’ knowledge or consent.
The situation escalated to the point where, in January this year, the three tenants living in the property took their landlord to the Victorian Civil and Administrative Tribunal (VCAT) for what they described as ‘unnecessary and excessive entries to premises.’
Imagine moving into a new home, only to receive an email a week later with the ominous subject line ‘number one house crime.’
‘The email stated that the residential rental provider had observed through a window into one of the bedrooms a jacket hanging from a plastic hook that had been placed on (but not adhered to) the top of the door. That window could have only been accessed by the residential rental provider entering the premises by the side gate. The renters were not at the premises when this occurred. The hook was taken down, but the renters did not respond to the residential rental provider’s email,’ stated the tribunal documents.
The tenants were not home at the time, and the landlord had entered the property without notice, allegedly to attend to the bins.
On another occasion, the landlord’s husband reportedly entered the house to repair a dishwasher while the tenants were out and, during the visit, managed to break their television. The tenants only learned of this when they received an email asking them to confirm if their TV was still working. After some negotiation, compensation was provided for the damaged television.
The tenants also reported that the landlord entered the house to fix a lock that was later found to be functional and arranged for a plumber to visit the property to mend a burst pipe—a repair that left no evidence of having been done.
Because of these unauthorised entries, the tenants sought around $10,000 in compensation from VCAT, claiming that the landlord’s actions had breached their right to privacy and ‘quiet enjoyment of the premises’ as well as caused them considerable stress and anxiety.
The tribunal, however, found the landlord guilty of illegal entry on only six of the 29 occasions and ordered her to pay the renters $1,106 in compensation. The tribunal’s documents highlighted that the landlord had made these entries without giving any notice and conducted herself with an assumed entitlement to enter the property.
For our members who are renters, or have family and friends who rent, this story is a stark reminder of the importance of knowing your rights and the laws that protect them. In Victoria, the law is clear: a landlord can only enter a rental property for a general inspection once every six months, unless there are specific circumstances that warrant additional access.
In Victoria, the law is clear: a landlord can only enter a rental property for a general inspection once every six months, unless there are specific circumstances that warrant additional access.
It’s crucial to understand your rights and landlords’ legal obligations. If you ever find yourself in a similar situation, know that there are legal avenues available to protect your rights and seek compensation if those rights are violated.
For our YourLifeChoices community, who may have downsized to rental properties or have loved ones who rent, this story is a reminder to stay vigilant and informed. Always keep a record of any landlord interactions and communications, and don’t hesitate to seek advice from tenant advocacy groups or legal aid if you suspect your rights are being infringed upon.
Have you or someone you know ever experienced a breach of rental rights? How did you handle the situation? Share your stories and advice in the comments below to help others in our community stay protected.
Also read: The year-round struggle renters face sparks nationwide call to action
