Routine inspection时中介可以拍照吗？ / Can an Agent Take Photos During a Routine Inspection?

Geoffrey Chen

This is not a simple yes-or-no question. A landlord or agent’s lawful entry for a routine inspection is separate from what may be photographed, how images are stored and whether they may be published. The practical response is to ask the purpose, narrow the frame and record the agreement.

Entry must first be lawful

  • NSW: a routine inspection generally requires at least seven days’ written notice and is limited to four times in 12 months.
  • ACT: a standard inspection requires at least one week’s written notice and is limited to statutory occasions, including generally twice in each 12-month period, plus the first and final month.

Four boundaries at the inspection

  1. Ask whether the image is for condition or repair records, advertising, valuation or another purpose.
  2. Put away identity documents, medical papers, computer screens, family photos and valuables; ask that people not be photographed.
  3. Suggest identifying the issue first and photographing only the relevant area, such as a crack or leak.
  4. If you object to a type of capture or use, state it calmly and confirm it by email. Do not obstruct an otherwise lawful inspection.

NSW draws an express publication line

NSW law generally requires the tenant’s written consent before publishing an interior image in which the tenant’s possessions are visible. Distribution solely between landlord and agent for inspection, maintenance or repairs is not “publication” under that section. This does not make every photograph, indefinite retention or unrelated use automatically reasonable.

The ACT’s official guidance protects quiet use and enjoyment and sets entry limits, but it does not reduce routine-inspection photography to one blanket permission. In a dispute, ask in writing about purpose, recipients, retention and deletion, and obtain tailored help from Legal Aid ACT, Tenants ACT or ACAT.

This is general privacy and tenancy information, not a legal ruling on a particular image, contract or privacy-law issue.

Official sources

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