VCAT orders agents not to conduct opens without tenant consent

Real estate agents cannot conduct open for inspections in a rental property without the consent of the tenant, a new Victorian Civil and Administrative Tribunal (VCAT) order has confirmed.

The decision was made after an unnamed tenant did not consent to open for inspections of their rental home being sold for fear of security and privacy.

VCAT has confirmed the view held by the Tenants Union of Victoria (TUV) that tenants being forced to endure open for inspections is not legal under the requirement for tenants to have ‘quiet enjoyment’ of their rental home, explained TUV’s policy and liaison officer James Bennett.

“Having dozens of strangers looking through your home without your consent can be a massive infringement of privacy, security and quiet enjoyment,” he said.

“VCAT has clarified that only genuine prospective buyers can be shown a property by appointment – not just anyone who is wandering past and wants to stickybeak, check for valuables or assess the security system.”

Bennett noted that the decision does not prevent rentals from being marketed, inspected and sold, simply clarifies tenants’ rights.

Inspections by appointment are still allowed.