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Relative FAQs
When I was renting an apartment in Melbourne, I encountered an agent who did not make an appointment with me 7 days in advance, and directly brought someone to see the property. I was still sleeping. After that, the agent did not have any pre-arrival or other instructions. What should I do if I change it? Is this a legal act? Can you get him to pay compensation?

1. Review Your Tenancy Agreement
Check your tenancy agreement to see if there are any specific provisions regarding notice for property inspections. Most agreements outline the landlord or agent's obligations in providing notice before entering the property.

2. Communicate With the Agent
Reach out to the rental agent or agency to express your concerns about the lack of notice for the property inspection. Explain how their actions disrupted your privacy and caused inconvenience. Request clarification on why proper notice wasn't provided.

3. Seek Legal Advice
Consult with a tenant rights organization or a legal professional specializing in tenancy law. They can advise you on whether the agent's actions constitute a breach of your rights and what legal recourse you may have. They can also help you understand the relevant laws and regulations in Victoria regarding property inspections.

4. Report the Incident
If you believe the agent's behavior was unlawful or in breach of your tenancy rights, consider reporting the incident to the relevant authorities. In Victoria, you can contact Consumer Affairs Victoria to lodge a complaint and seek further assistance.
- Website: Consumer Affairs Victoria

5. Request Compensation
Depending on the severity of the situation and any resulting damages or inconvenience caused, you may be entitled to seek compensation from the rental agent or landlord. This could include reimbursement for any costs incurred due to the unplanned inspection or compensation for loss of privacy and disturbance.

6. Document Everything
Keep a record of all communication with the rental agent or agency regarding the incident. Document any damages or losses resulting from the lack of notice for the property inspection. This documentation may be useful if you need to escalate the matter further or pursue legal action.

7. Take Steps to Prevent Future Incidents
If the rental agent's behavior was deemed unlawful or in breach of your rights, take steps to ensure it doesn't happen again. Clearly communicate your expectations regarding notice for property inspections to the rental agent or landlord, and request that they adhere to these requirements in the future.

Summary
1. Review your tenancy agreement to understand your rights regarding property inspections.
2. Communicate with the agent to express your concerns and seek clarification.
3. Seek legal advice to understand your options and rights under tenancy law.
4. Report the incident to Consumer Affairs Victoria if necessary.
5. Request compensation for any damages or inconvenience caused.
6. Document everything related to the incident for future reference.
7. Take steps to prevent future incidents by clearly communicating your expectations.

Legal Link Finds Similar Case Law for You
Law Firm's Insights
Date
3 November 2021
Place
New South Wales
Judge
ROBB
Highlights
The plaintiffs, David Ian Wassell and Ya Jun Jiang Wassell, are seeking possession of land at Thornton in NSW, as well as leave to issue a writ of possession forthwith. The defendant, Ken Carr Bobcat & Tipper Hire Pty Ltd (the Company), is the registered proprietor of the Property. The plaintiffs sue the Company to enforce a mortgage purportedly granted by the Company to them on 11 November 2019 to secure repayment of the sum of $185,000 that the plaintiffs assert they had loaned to the Company for a period of six months under a written loan agreement dated 11 November 2019. 185- The significance of this evidence is in what it proves concerning the extraordinary conditions that had to be satisfied before the careless acts of Mr Carr and Ms Fayers, being the provision of photographs of themselves with their drivers’ licences, copies of their Medicare cards and passports as well as the original certificate of title and the other documents, could have the causal effect of persuading the plaintiffs’ solicitors that it was safe to complete the purported loan transaction with the Company. 196- The plaintiffs cite the advice of the Privy Council upholding the dissenting judgment of Gavan Duffy and Starke JJ in Abigail v Lapin [1934] UKPCHCA 1; (1934) 51 CLR 58 at 64, 68, 71 and 72, to the same effect as extracts from the decision of the High Court that are set out above. To hold that a person who advances money on an estate, the title-deeds of which are under such circumstances left in the hands of the mortgagor, is not to have preference, would be to shut our eyes to equity.
Judgment
A court has dismissed the plaintiffs' claims.
Legislation
1.Corporations Act 2001 (Cth)
2.Electronic Conveyancing (Adoption of National Law) Act 2012 (NSW)
3.Law Reform (Miscellaneous Provisions) Act 1946
4.(NSW)
5.Law Reform (Miscellaneous Provisions) Act 1965 (NSW)
6.Real Property Act 1900 (NSW)
Other FAQs You may Interested In
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