If your client has experienced family violence or personal violence, they can stop or limit photos, videos or open house inspections which might put their privacy and safety at risk if their home is being advertised for sale or rental.
Tenancy law contains options for renters who experience both family violence or personal violence as defined below.
Family violence is a behaviour by a partner, caregiver, family member or guardian that is:
Personal violence can be carried out by a non-family member and means the following:
A real estate agent or rental provider must give your client 7 days’ notice before they can enter your client’s rental to take photos and videos for advertising, unless your client consents to the entry.
Your client can object to photos or videos being taken at the property if your client (or their children) are at risk of family violence or personal violence, and photos or videos might identify them.
Your client must object in writing to the agent or rental provider, so a written objection would ideally be sent prior to the agent or rental provider entering the property. Your client doesn’t need an intervention order to do this.
After receiving a written objection, the agent or rental provider cannot take photos or videos which may identify your client or their children in the home. If photos and videos have already been taken of the rental home, your client can ask to see the photos or videos to make sure they don’t show anything your client has objected to.
If your client has asked to see the photos or videos, the agent or rental provider needs to show them and get your client’s written consent to use the photos or videos to advertise the property.
If your client’s home is being advertised for sale or rental by their rental provider, your client has rights that can protect their privacy and safety from a person using violence.
If your client is a protected person under an intervention order, your client can require any inspection of the property to be by appointment only and not by open house.
If your client’s agent or rental provider ignores your client’s written objection, your client can apply to VCAT for a restraining order. A restraining order can stop an agent or rental provider from entering your client’s home, or prevent photos or videos being publicly used.
If your client needs urgent help to apply for a restraining order, your client can call Victoria Legal Aid on 1300 792 387 (8am to 6pm, Mon to Fri).
Your client can also report any breaches of these laws to Consumer Affairs Victoria, who may issue an infringement notice to your client’s agent or rental provider.
Home of Your Own can help you or your client to draft a letter or email to an agent or rental provider to object to photos, videos or open house inspections and protect your client’s safety.
Draft a letter using Home of Your Own.
The following services might be able to provide advice if the rental provider has not followed the correct process and your client’s safety is at risk:
Our free self-help tool, Home of Your Own, provides personalised legal information, practical guidance, and templates for Victorian renters who are facing family violence.
The content on the Workers’ Resource Hub is legal information for general guidance and not legal advice. The content on this webpage was last updated in August 2023. See full disclaimer and copyright notice.
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