A very lively discussion on this is taking place in the Online Herald HERE. It seems this is not an isolated problem … and some of the solutions are pretty smart and inventive.
At the risk of being accused double-dipping, here’s a selection of online responses but readers are still having their say so have a look at the above link if you want to read more.
FROM THE ONLINE HERALD”S PROPERTY PAGES
Technically, you should be told if the landlord will be accessing your flat for any reason (including repeairs requested by you) and should be given the opportunity of being there. If you see a lot of the landlord (and it sounds like you do) I’d suggest a bit of diplomacy; tell him that you’re very safety conscious as a woman living alone and you’re worried about unexpectedly finding someone in the flat because you might get really scared and unnecessarily bother the police, your neighbours, or your boyfriend who just left the army to pursue a full time career as a fitness model. Then go ahead and change the damn locks. If this guy really creeps you out (and if things get worse after this conversation, you probably do have a reason to be worried) then start looking for a new place. The Residential Tenancies Act has a lot to say about access, but your landlord probably has the paperwork to convince any locksmith he employs to let him in. – DisDis
Can I suggest you install a hidden camera in your place? These days you can get hidden cameras that are relatively inexpensive. You put a SD card in them so no messy tapes. Some even have a motion sensor on them so they only turn on where there’s somebody there saving you battery and memory space. They can range from $30 – $150 dollars.
By the sounds of things you’re renting directly from a landlord vs a real estate agent so you might not even be on a formal lease agreement. Plus the camera option would be a much cheaper alternative to getting a locksmith to change your locks and you’re not breaking anything in your lease contract.
At best, you look over the video footage and realise nothing is happening and that you were a bit paranoid (which is ok) Your fears are put to rest and you can get some peace of mind while not breaking any agreements or damaging relationships with your landlord.
At worst, well let’s not think too much about that but you would then at least have video footage and can submit it to the police as proof so it’s not just your word against the landlord. Good luck and I hope it’s nothing. – Sydney
There is no way he is allowed in your unit without you there. He needs to give you the required notice to let you know he will be coming to make repairs, and you must agree on a time, he can’t just say he’s coming and then turn up. If this happens again, make sure he knows you are not happy about this and request that he follows the proper procedure in future. I would put in a sliding latch for when you are at home, if you don’t want to change the locks. Then you just have to remove it when you leave. – BH, Sydney
Be prepared to act totally amazed when you rent suddenly rises after doing this. –architect_of_Reality
That’s appalling that the landlord just helped himself without you knowing, One doesn’t need to know anything about tenancy laws to know that it is wrong.
If the rental market wasn’t so tight, I’d advise you to leave and see what action can be taken against him. Or just leave anyway despite the market. – a good landlord
This, many other examples of landlords’ attitude to and treatment of their tenants, and the cost of housing (both buying and renting) convinces me that it should be illegal for individuals to own residential property that they don’t live in themselves.
The laws, and especially societal norms, are slanted so far in landlords’ favour it’s not funny. Renters are genuine second class citizens in this country, thanks to the insane property ownership fetish we have here.
The majority of landlords believe that because they own the property they can apply conditions, and treat the renters, at whim. Fair enough — if they are allowing tenants to live in the property for free. But the reality is that renting is a commercial transaction which temporarily transfers ownership and responsibility to the tenant. Landlords butt out! – TheMagnum, Sydney
Go ahead and change the lock! The only way he will notice it is when he tries to enter the place while you are not there, which is a tangible proof against him.
If he asks you: why did you change the lock? You answer him: why did you try to enter place without my permission? – your right, against slumlords
The problem with construing this as a “breach of the lease,” is that a breach only give the leaseholder the right to terminate the agreement, which presumably is not the desired remedy.
Putting aside for a moment the effect of legislation, which varies from state to state, what it is, is trespass. Trespass protects an occupant, not an owner qua owner. Lease conditions, allowing a limited number of inspections with due notice, constitute a consent by the leaseholder for the owner to enter subject to those conditions.
Apart from that, or the actual consent of the leaseholder, the owner may enter the premises only subject to any statutory rights they may have. In NSW the statutory grounds for entry are spelled out in s55 of the Residential Tenancies Act 2010. Note also the criminal provision in s50(2).
You may NOT rely on this as advice (but it might help get you started in dealing with your problem.) – James K, Sydney
The residential tenancy act requires that the landlord give notice before commencing any repairs unless it’s an emergency repair ( what constitutes that is listed in the act, but includes leaking toilet etc). Otherwise, set up a webcam (fairly easy, just ask one of your nerdy friends) and go to the tribunal with the evidence.
Or if you want to teach him a lesson, set up the webcam with remote view – and call the police if you see him 🙂 le-foot, Maroubra
I have heard of tenants putting hidden cameras around their unit to check if the landlord really is coming in without prior notice. Perhaps this is an idea to put the OP’s mind at rest (or not!). – Wench, Sydney
I would report him to the police! – Chris S, Sydney
The rules in Australia for Tenants are “don’t even bother trying to upset you landlord or you will be chucked out at the end of your lease”, thats the real truth.. There are no Tenancy protection laws of worth and every time there is call for change the Tenant’s always looses out… It really is about time that change was made to protect rights and not find your self in the street on the whim of a landlord who want’s an increase in his profits… Until negative gearing is dispensed with and long term Tenancy rights are given there is really no hope for a vast majority of decent people…. – Nigel K. Williams, Sydney
Call the police and tell them you suspect you have had an intruder. – John May, Urunga
Well rather than paying for a locksmith to replace the lock and risk being kicked out, why not buy a nanny cam, leave it looking at the door and motion activated (reasonably inexpensive these days) and if you catch him coming in you’ve got proof to take to the police. If you don’t see anything then you have piece of mind. – mtown, sydney
If he is going through a real estate agent then I’d have the locks rekeyed and take one new key to them. When you drop it off I’d ask to see the principal of the business (not the property manager). Explain that your landlord has been on your lease without prior arrangement, that he is creepy, that you are a single female, that this is in breach of the Act, and rather than call the police you have decided that future access is to be arranged by the agent. Leave the key with them. Leave no doubt that if this happens again the police will be called.
If there is no agent then rekey the locks and you know that brother of one of your friends who is physically intimidating and yet sane? Arrange with him to give the key to the landlord with a small lecture about the law and a comment how a old man alone inside a single woman’s lease can be so easily misunderstood as deviancy. See if he can’t have that chat with his wife present 🙂
Then, if this happens again, call the police the moment you realise he is there. Don’t discuss the situation with him — you’ve already had that discussion and what he is doing now isn’t ignorant. Without prior arrangement he is trespassing. Landlords can be creepers too.
I’m a big bloke and I’ve had to chat with two landlords of my sisters’ friends, so I’d say that misbehaving landlords is pretty common. – glen, semaphore
Install an alarm, the ones which gets activated when a door is opened, and make sure the deactivation switch is hidden in another room. Get one of those wireless versions. So next time he does that he will end up learning a good lesson.
Please note these days such alarms are quite simple to install.
If you are really concerned that he might be accessing your unit while you are away even when there is no need for repairs, it is time to gather evidence. Buy your self a tub of talcum powder and thinly spread inside of your door as you get out. When you come back note for unusual foot prints. This is how I caught a house mate who was accessing my room while I was out. – options
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