Grant Arbuthnot, principal solicitor with the Tenants Union, NSW writes:
We are just about to publish a factsheet on sale of premises and tenancy. It includes material on photography that applies generally in tenancy.
The relevant term of the tenancy agreement is re peace, comfort and privacy
Our view is that internal photography by the landlord or agent is a breach of
the tenants privacy unless the images do not show the tenants personal physical arrangements of living
Photography of particular aspects of the premises for insurance or repair purposes do not need the tenants personal goods
Agents do not need general photographs of the premises to report to the landlord from inspections
Tenants concerns with photography go further than privacy. When photographs are used to advertise premises they are good intelligence for burglars
We are also aware of a matter where a tenants employment was sensitive and dangerous. Publishing interior photographs of the premises risked the safety of the tenant, as the photographs included the tenants family photographs.
The Victorian Law Reform Commission investigated the issue of photography in rented premises and published their report last year
https://www.lawreform.vic.gov.au/all-projects/ptp
The submissions, including ours, are available on the commissions website. You were right to mention retaliatory termination. ‘No grounds’ termination of tenancies undermines all the purported rights of tenants in NSW.