Social media users have been sharing stories of routine rental inspections where they’ve been pulled up for minor tidiness problems.
A Newcastle mum said on TikTok she had “failed” an inspection for having her toddler’s toys out in the living room.
And on Reddit, a user said in a now-deleted post they allegedly got in trouble for not making their bed, while another said their landlord was requesting weekly rental inspections.
In all of these cases, which SBS News has been unable to verify, the people conducting the inspections would have been missing the point of routine rental inspections.
According to the Real Estate Institute of Australia, it is generally a legal requirement for the real estate agent to regularly inspect the rental property to ensure the property is being cared for properly, and it will be specified in rental agreements.
Rental inspections are either conducted by real estate agents or property managers and each state and territory has laws around how frequently rental inspections can be conducted and how much notice needs to be given to the tenant.
What is the purpose of a routine inspection?
The purpose of a rental inspection is to check that the property and garden or grounds are being maintained, that the people living there are on the lease, and that there are no unauthorised repairs or pets at the place.
Carmelo Caputa is a property manager at Melbourne Residential Property Management.
He said a routine inspection is not really about “pass or fail”.
“When we ask for a routine inspection, we do ask for the property to be as neat and tidy as possible, because photos are sent to the landlord to check on the condition of the property overall and any damages.
“But at the end of the day, everybody can see past that mess and if the bed is not made, it's not a big issue.”
To prepare for a routine rental inspection, tenants should make sure their contact details are up to date with the agent and that they have an idea of anything that’s changed since the last inspection.
It’s recommended to take photos and compare them to the photos on the rental condition report.
It is up to the tenant whether they'd like to be at home or out when the inspection is conducted.
How do tenants need to document damage?
Mr Caputa said tenants should let property managers know straight away if there’s damage.
“We can handle it from there, whether we get it repaired straight away or towards the end of the tenancy, depending on what it is," he said.
“I always say to a tenant the condition report is incredibly important.
“The tenant should be looking through that report, making sure they detail everything down ... so that way when it comes time for a routine inspection it doesn’t become a contest of ‘he said, she said’," he said.
Mr Caputa said it’s important to have everything recorded because it acts as a safeguard if the property manager changes.
Fair ‘wear and tear’ is taken into account during rental inspections.
What happens if problems are identified during a rental inspection?
Property managers or agents conducting a rental inspection may identify that tenants are in breach of their contract and they may be given a notice period to rectify the problem or leave, which differs across states and territories.
Tenants have the ability to argue against a breach notice in writing and the next step would be to escalate it to a tribunal involving both parties.
Breaches of rental contracts could lead to tenants being evicted. Source: AAP / James Ross
“I'll list what the items are that are damaged, and ask them to get these things rectified and then we'll come back out and have another look just to check,” he said.
Many repairs are not the tenant's responsibility to fix but they do have a duty of care to report issues.
How often are tenants supposed to have a rental inspection?
It’s a breach of contract for landlords to come around to a property unannounced because tenants have a right to 'quiet enjoyment'.
The only time a landlord, property manager, or real estate agent needs to come to the property is to conduct a routine inspection or in connection with repairs, in a situation where sending them photos is not adequate.
Routine inspections need to be requested at minimum seven days in advance in every state except Tasmania where only 24 hours notice is required.
These are the laws around routine inspections in each state and territory:
- NSW: four times a year
- NT: every three months
- Queensland: every three months
- WA: four times per year
- Tasmania: every three months (as well as an initial inspection during the first month)
- ACT: two times a year (as well as an initial inspection during the first month)
- Victoria: every six months (but not within the first three months)
- SA: every four weeks
