When a landlord enters a rental property for necessary maintenance, it’s a routine procedure. But what happens when the landlord takes photographs inside the tenant’s home without explicit permission? This case explores the fine line between necessary maintenance and breaching tenant privacy.
Case Background:
On April 30, 2024, the landlords entered the rental premises to install a rangehood and conduct light maintenance work. During this visit, they took photographs inside the dwelling without the tenants’ consent. The tenants argued that the notice given for entry was specifically for the maintenance work, not for taking photographs. They felt this act infringed on their privacy, leading to a dispute that was brought before the Tenancy Tribunal.
Legal Authorities:
The Tenancy Tribunal referred to Section 38 of the RTA, which ensures that tenants are entitled to quiet enjoyment of the premises without interruption. Specifically, Section 38(2) states that landlords must not interfere with the tenant’s reasonable peace, comfort, or privacy.
Section 48 (2) (d) of the RTA outlines that the landlord is required to provide 24 hours’ notice to the tenant to access the rental property to conduct necessary maintenance.
Alternatively, the landlord could have perhaps issued 24 hours’ notice to the tenant to access the rental property to comply with the Healthy Homes Standards for installing the rangehood under Section 48 (2) (cb).
If the landlord wanted to take photos of the rental premises for inspection purposes, the correct notice period is at least 48 hours under Section 48 (2) (b).
Landlord’s Response:
The landlords acknowledged taking the photographs during their maintenance visit, believing they had permission to do so as part of the entry for maintenance work. They contended that their actions were within their rights, as they were present for legitimate purposes.
So, what was the outcome? And what are the key takeaways?
