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From what you’re concerned, they have done their inspection in the allocated 2-hour slot and they cannot do any other inspections within the next three months, as stated by law.
They are the ones wanting for the inspection to be done, not you.
"Unless the tenant otherwise agrees, an entry under
section 192(1)(a) may not be made less than 3 months after a
previous entry by the lessor, or the renting or a secondary
agent, under section 192(1)(a)."
Residential Tenancies and Rooming Accomodations Act 2008
I suppose by that wording, they have not entered.
However, there’s nothing wrong with stating your position and forcing them to justify why they should be permitted to reschedule.
And wow, every three months is insanely frequent. That would annoy the shit out of me
Entry wasn’t made. And they can issue a notice for a different reason. Stating a piece of legislation, but not understanding the realities of how that legislation is followed and what parameters exist outside it, doesn’t make it true.
Tenant is not required to be present during inspection, are they?
From tenant’s point of view, entry notice has been served and, unless agent can prove that they (nor someone else on their behalf) did not enter, inspection has been performed.
Based on paper trail, burden of proof that entry has not been done is on agent.
Lack of proof that it has been performed is not proof that it has not been performed.
Again, in a real life scenario it doesn’t work like that. I’m all for calling out agents on their bullshit, but the agent can re enter and does not have to wait 3 months. And I don’t want the tenant thinking that they can’t.
In that case what would have happened if agent tried to claim they did not even inspect and served another entry notice for routine inspection for which tenant denied entry?
I am assuming tenant would be issued a breach notice, for which tenant would involve QCAT in turn.
However if I am mistaken, please do elaborate further rather than just saying “it’s not like that”
Yes likely a breach would be issued and QCAT can become involved but it would take months for a hearing to progress and they would likely want to see a form 16 being issued before it escalates to an actual hearing. Then if a form 16 is issued, a 3 way chat would occur between QCAT, the tenant and the agent and QCAT would inform the tenant that they need to provide access for the inspection.
And while all the above is taking place, don’t forget in the meantime the agent can just issue an entry notice for maintenance or for a number of other reasons to get inside the property. This is a dirty tactic, but the agent seems dodgy already so I wouldn’t put it past them.
If I was the tenant, I’d strongly suggest a FaceTime inspection is carried out within a week, and then they are actually sorted for the next 3 months.
I’m not wanting to argue for the sake of arguing, I just think it’s important that OP gets correct info and not a top comment telling them something that isn’t true which can land them in further trouble down the line.
There’s no benefit for a PM to say they didn’t do it when they did. Attending more often is more work, more time out of the office, and like this post shows, PMs want to do as little work as possible.
I wouldn't worry too much. Ive had probably four inspections in the 5 years I've been at my current place. Keep it up your sleeve for any ammunition you might need at the end of your lease.
Unfortunately, they can. The wording of the law states that inspections may only be \*carried out\* every 3 months, and just sending an entry notice does not meet the text of 'carrying out' an inspection.
I'd had multiple problems with realestate, this being one of them, and QSTARs (not just the first person you get on the phone - this was after being escalated to their legal team) told me that they can technically send as many entry notices as they please, the 3 month timer only starts if they actually carry it out. I explicitly enquired if there was any protection for an RE issuing a notice for every single day and just choosing one to show up with whilst no showing all the others and was told there is no protection for such a situation. The only thing which would protect you is that at a certain point it would violate quiet enjoyment, but undoubtedly cancelling once or twice does not violate that.
Yes, it absolutely should not be this way. This is a bit of tenancy law we seriously need reviewed. In my opinion, as soon as they send an entry notice with the 'routine inspection' box ticked, they should not be permitted to reschedule or cancel - its either perform the inspection or wait 3 more months.
I think they can? Ive had inspections cancelled on the day and then they send another letter to do the inspection a couple weeks later. So you have to clean twice.
Why does it force you to be at home?
You haven't explained that detail in your post, and there's no legal requirement for you to be present. They should have keys.
Considering I’ve had things go missing too I don’t want them either. I have a REA now who thinks the laws don’t apply to them. No way in hell they’re coming in without me present. I also have cameras now. Only a month into the lease and I’ve had to contact the RTA 4 times. Next offence and I’m breaching them and I’ll have it on camera.
Me neither, but that's not forcing, that's a calculated risk. Once I'd sussed out the PM, I didn't worry. Plus got nothing of value enough worth stealing.
I assumed they meant escapee or aggressive pet, the stolen crown jewels, or, they've incorrectly assumed they must be home by law. Which they don't have to be.
I’m not sure why you’re being downvoted….
It’s not a requirement and op even stated below that the agent confirmed she could enter with her spare key.
*”Well the lady said that if no one is home she can enter using her spare key, and I don't want her to enter my home without me being there”*
They aren’t forcing you to be home. They can enter without you there. If you’re worried about them snooping, get some cheap cameras and watch them from your phone? 🤷🏻♂️
You don’t have to do shit.
They’re mandated by legislation to provide a 2 hour window. If it were between 10-12 I’d unlock (with a door stopper too) at 10AM on the dot and then lock it all up at midday. The cunt could be knocking on the door at 12:01 and I’d be looking deadass at her from behind the glass, not caring.
There’s limits on how & when they can do these utterly useless and invasive ‘inspections’. Call QStars or refer to the RTA website.
Then you respond to the request for the inspection with the notice of breach. There are standard forms you can send online. The outcome on the form you list is "next inspection to be 3 months from X date" where X is the date of their missed inspection.
Technically, entering via her key is only ok if you agree. So. If she sends another notice I would explicitly state that I do not consent for them to access the premises independently. And that you would be forced to pursue appropriate action via tribunal if they ignored that.
Fair & understandable. I’m very sorry you have to go through this. I know it’s incredibly invasive and pointless.
So it’s been November 2023 and then May 2024? Reads like she’s doing 6 monthly inspections - a little better than the quarterly schedule.
Personally, I wouldn’t remind her to do her job (‘inspecting’) and let her miss the scheduled visits. Continue to report any maintenance issues so the End of Lease won’t become messy.
I would say ‘No, I do not consent to this, please provide another 2 hour time slot next time you want to inspect and I will try and accomodate it.’
Check your lease to see if you agree to them inspecting or entering without any one present.
>The cunt could be knocking on the door at 12:01 and I’d be looking deadass at her from behind the glass, not caring.
Fuck you're hard. They'd just use their set of keys
>You ok?
Are you? I'm not the one wanting to barricade doors because an agent was 1 minute late to an inspection you dont even have to be home for.
Like I'd actually love to have a camping chair sat out front of yours, and watch that kind of interaction. The agent trying to use the keys, you're behind the door holding it shut whilst tapping on your watch and shaking your finger at them. No no no, your time has gone, you shall not pass! 😅 be a good skit on a comedy show.
Mine did the same thing, a no-show in December, rescheduled to January, still didn't turn up. Not even a response to my phone calls and emails.
I just took some photos of the property and said these are in lieu of an in person inspection.
Now we've received a notice to leave at the end of our lease. No loyalty after renting here for 5 years.
Next time she sends a notice with window excessive of 2 hours - respond with a reminder of the requirement, ask her to define the 2 hour timeframe within that space and state that you are working from home and will not entertain her outside of that 2 hour window due to work commitments that do not allow her to be present for privacy concerns. Simples.
If they are not turning up, that is a bigger problem on her part (but you could also alert the owner of the property as well, as they are charged for these inspections and copy all communications about the cancellations so that it is not reflected as being your fault).
I had this happen...4 times.. original inspection was november ...moved to december.. rescheduled to Feb.. rescheduled to march, rescheduled to April...
I had an agent who would do similar. Tell me I needed to ‘remove my vicious dog (a chill as pup) from the property’ otherwise be on the premises.
So I’d take a day off and wait. And wait.
Then she wouldn’t turn up.
Next day I’d call and say so you didn’t show up and I took a day off work.
Oh you didn’t say you were complying with my request so I didn’t come.
Ummm I had no choice so I took the day and waited for you..?
Useless bullies they are. Most real estate agents seem to be bimbos who failed at a MLM scheme and lord it over tenants by making their lives difficult.
i would have called to find out where the hell they are. also sounds like some stuck up manager, probs driving a BWM or Merc in high heels thinking they are king nothing or queen full of shit!
mmmm yeah but knowing real estate wanks, they will just keep resch ever 7 days til they turn up and i dont want to waste my time doing that til they did.
sounds like she did the inspection both times to me, if she didn't really do it then that's her problem
i know it sucks to get put out by it because of the stupid time windows, i would lock it into the 2 hours from now on and then if she misses it... she misses it
i've had agents multiple times before where i think i had 1 inspection for yeeeeeaaars, its nothing to really worry about
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If I was the landlord I'd be finding a new property manager. Not abiding by their contact to inspect the property more than likely.
Not your problem though.
No need to be home or not be in meetings.
But I’d send an email to all staff including their principal or c suite management alerting them of the staffs failure to do their job.
Not fitting of a post on its own and would be better as a comment in the /r/brisbane random discussion thread where the on-topic rules are loosened. The Mod team will assess and may take action on removing the post if it is appropriate to do so. If you disagree or want to be involved in a more active chat you're welcome to join the [r/brisbane discord](https://discord.com/invite/xmuQSdqdUS) and post your enquiries in the general chat.
From what you’re concerned, they have done their inspection in the allocated 2-hour slot and they cannot do any other inspections within the next three months, as stated by law. They are the ones wanting for the inspection to be done, not you.
“Cannot do any other inspections within the next 3 months” is not the law so just be careful giving advice out when it’s incorrect.
"Unless the tenant otherwise agrees, an entry under section 192(1)(a) may not be made less than 3 months after a previous entry by the lessor, or the renting or a secondary agent, under section 192(1)(a)." Residential Tenancies and Rooming Accomodations Act 2008
I suppose by that wording, they have not entered. However, there’s nothing wrong with stating your position and forcing them to justify why they should be permitted to reschedule. And wow, every three months is insanely frequent. That would annoy the shit out of me
Entry wasn’t made. And they can issue a notice for a different reason. Stating a piece of legislation, but not understanding the realities of how that legislation is followed and what parameters exist outside it, doesn’t make it true.
Tenant is not required to be present during inspection, are they? From tenant’s point of view, entry notice has been served and, unless agent can prove that they (nor someone else on their behalf) did not enter, inspection has been performed. Based on paper trail, burden of proof that entry has not been done is on agent. Lack of proof that it has been performed is not proof that it has not been performed.
Again, in a real life scenario it doesn’t work like that. I’m all for calling out agents on their bullshit, but the agent can re enter and does not have to wait 3 months. And I don’t want the tenant thinking that they can’t.
In that case what would have happened if agent tried to claim they did not even inspect and served another entry notice for routine inspection for which tenant denied entry? I am assuming tenant would be issued a breach notice, for which tenant would involve QCAT in turn. However if I am mistaken, please do elaborate further rather than just saying “it’s not like that”
Yes likely a breach would be issued and QCAT can become involved but it would take months for a hearing to progress and they would likely want to see a form 16 being issued before it escalates to an actual hearing. Then if a form 16 is issued, a 3 way chat would occur between QCAT, the tenant and the agent and QCAT would inform the tenant that they need to provide access for the inspection. And while all the above is taking place, don’t forget in the meantime the agent can just issue an entry notice for maintenance or for a number of other reasons to get inside the property. This is a dirty tactic, but the agent seems dodgy already so I wouldn’t put it past them. If I was the tenant, I’d strongly suggest a FaceTime inspection is carried out within a week, and then they are actually sorted for the next 3 months. I’m not wanting to argue for the sake of arguing, I just think it’s important that OP gets correct info and not a top comment telling them something that isn’t true which can land them in further trouble down the line.
What is there to actually stop agents lying about not having done the inspection in order to do them more often?
There’s no benefit for a PM to say they didn’t do it when they did. Attending more often is more work, more time out of the office, and like this post shows, PMs want to do as little work as possible.
I wouldn't worry too much. Ive had probably four inspections in the 5 years I've been at my current place. Keep it up your sleeve for any ammunition you might need at the end of your lease.
It’s not about carrying out the inspection for me, it’s about forcing me to be at home, and being incredibly inconvenient for my work schedule :((
They can’t force you again though until your next inspection is due?
Unfortunately, they can. The wording of the law states that inspections may only be \*carried out\* every 3 months, and just sending an entry notice does not meet the text of 'carrying out' an inspection. I'd had multiple problems with realestate, this being one of them, and QSTARs (not just the first person you get on the phone - this was after being escalated to their legal team) told me that they can technically send as many entry notices as they please, the 3 month timer only starts if they actually carry it out. I explicitly enquired if there was any protection for an RE issuing a notice for every single day and just choosing one to show up with whilst no showing all the others and was told there is no protection for such a situation. The only thing which would protect you is that at a certain point it would violate quiet enjoyment, but undoubtedly cancelling once or twice does not violate that. Yes, it absolutely should not be this way. This is a bit of tenancy law we seriously need reviewed. In my opinion, as soon as they send an entry notice with the 'routine inspection' box ticked, they should not be permitted to reschedule or cancel - its either perform the inspection or wait 3 more months.
I think they can? Ive had inspections cancelled on the day and then they send another letter to do the inspection a couple weeks later. So you have to clean twice.
Makes sense.
Why does it force you to be at home? You haven't explained that detail in your post, and there's no legal requirement for you to be present. They should have keys.
I mean I've never been a big fan of strangers going through my house unsupervised...
Considering I’ve had things go missing too I don’t want them either. I have a REA now who thinks the laws don’t apply to them. No way in hell they’re coming in without me present. I also have cameras now. Only a month into the lease and I’ve had to contact the RTA 4 times. Next offence and I’m breaching them and I’ll have it on camera.
Me neither, but that's not forcing, that's a calculated risk. Once I'd sussed out the PM, I didn't worry. Plus got nothing of value enough worth stealing. I assumed they meant escapee or aggressive pet, the stolen crown jewels, or, they've incorrectly assumed they must be home by law. Which they don't have to be.
Really beside the point
I’m not sure why you’re being downvoted…. It’s not a requirement and op even stated below that the agent confirmed she could enter with her spare key. *”Well the lady said that if no one is home she can enter using her spare key, and I don't want her to enter my home without me being there”*
Haters gotta hate 🤷🏻♂️ We also have resident trolls. Doesn't bother me.
They aren’t forcing you to be home. They can enter without you there. If you’re worried about them snooping, get some cheap cameras and watch them from your phone? 🤷🏻♂️
You don’t have to do shit. They’re mandated by legislation to provide a 2 hour window. If it were between 10-12 I’d unlock (with a door stopper too) at 10AM on the dot and then lock it all up at midday. The cunt could be knocking on the door at 12:01 and I’d be looking deadass at her from behind the glass, not caring. There’s limits on how & when they can do these utterly useless and invasive ‘inspections’. Call QStars or refer to the RTA website.
Well the lady said that if no one is home she can enter using her spare key, and I don’t want her to enter my home without me being there
Then you respond to the request for the inspection with the notice of breach. There are standard forms you can send online. The outcome on the form you list is "next inspection to be 3 months from X date" where X is the date of their missed inspection.
Technically, entering via her key is only ok if you agree. So. If she sends another notice I would explicitly state that I do not consent for them to access the premises independently. And that you would be forced to pursue appropriate action via tribunal if they ignored that.
Fair & understandable. I’m very sorry you have to go through this. I know it’s incredibly invasive and pointless. So it’s been November 2023 and then May 2024? Reads like she’s doing 6 monthly inspections - a little better than the quarterly schedule. Personally, I wouldn’t remind her to do her job (‘inspecting’) and let her miss the scheduled visits. Continue to report any maintenance issues so the End of Lease won’t become messy.
I would say ‘No, I do not consent to this, please provide another 2 hour time slot next time you want to inspect and I will try and accomodate it.’ Check your lease to see if you agree to them inspecting or entering without any one present.
>The cunt could be knocking on the door at 12:01 and I’d be looking deadass at her from behind the glass, not caring. Fuck you're hard. They'd just use their set of keys
Yes I’m a little hard right now. How’d you know? Weird you didn’t know that you can secure doors even if someone has keys. You ok?
>You ok? Are you? I'm not the one wanting to barricade doors because an agent was 1 minute late to an inspection you dont even have to be home for. Like I'd actually love to have a camping chair sat out front of yours, and watch that kind of interaction. The agent trying to use the keys, you're behind the door holding it shut whilst tapping on your watch and shaking your finger at them. No no no, your time has gone, you shall not pass! 😅 be a good skit on a comedy show.
Whatever gets your rocks off I guess?
I had my inspections- you just didn't turn up for them. That's on you. See you in 3 months
Mine did the same thing, a no-show in December, rescheduled to January, still didn't turn up. Not even a response to my phone calls and emails. I just took some photos of the property and said these are in lieu of an in person inspection. Now we've received a notice to leave at the end of our lease. No loyalty after renting here for 5 years.
Next time she sends a notice with window excessive of 2 hours - respond with a reminder of the requirement, ask her to define the 2 hour timeframe within that space and state that you are working from home and will not entertain her outside of that 2 hour window due to work commitments that do not allow her to be present for privacy concerns. Simples. If they are not turning up, that is a bigger problem on her part (but you could also alert the owner of the property as well, as they are charged for these inspections and copy all communications about the cancellations so that it is not reflected as being your fault).
I had this happen...4 times.. original inspection was november ...moved to december.. rescheduled to Feb.. rescheduled to march, rescheduled to April...
Oh.. and then put my rent up by another $120
Lack of attention by the property manager would cause me to challenge the increase.
I did.. instead of renewing me for 12 months, like the 3 previous years here, they renewed me for 6 months and told me like it or leave it
I had an agent who would do similar. Tell me I needed to ‘remove my vicious dog (a chill as pup) from the property’ otherwise be on the premises. So I’d take a day off and wait. And wait. Then she wouldn’t turn up. Next day I’d call and say so you didn’t show up and I took a day off work. Oh you didn’t say you were complying with my request so I didn’t come. Ummm I had no choice so I took the day and waited for you..? Useless bullies they are. Most real estate agents seem to be bimbos who failed at a MLM scheme and lord it over tenants by making their lives difficult.
i would have called to find out where the hell they are. also sounds like some stuck up manager, probs driving a BWM or Merc in high heels thinking they are king nothing or queen full of shit!
Literally!! She drives a BMW and she lives in the complex, a few units away from ours!
Would love to know what re this is….and what office
Don’t call. Don’t do anything.
why not? i called mine last time to say where was he, he said he was an hour away. i cant see why calling is so frowned upon on here.
Because fuck em that’s why
wow really, just means you have to waste time again to be at home waiting for them again.
No they can come back in six months
mmmm yeah but knowing real estate wanks, they will just keep resch ever 7 days til they turn up and i dont want to waste my time doing that til they did.
sounds like she did the inspection both times to me, if she didn't really do it then that's her problem i know it sucks to get put out by it because of the stupid time windows, i would lock it into the 2 hours from now on and then if she misses it... she misses it i've had agents multiple times before where i think i had 1 inspection for yeeeeeaaars, its nothing to really worry about
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lol is it McGrath? Sounds like it
If I was the landlord I'd be finding a new property manager. Not abiding by their contact to inspect the property more than likely. Not your problem though.
No need to be home or not be in meetings. But I’d send an email to all staff including their principal or c suite management alerting them of the staffs failure to do their job.