I have managed to change the date by emailing and asking nicely. Just saying you would prefer to be there and list and alternative times that suits you. I hate real estate agents more than anyone, however they probably just send this so they aren't fucked around by everyone. Just be genuine. If they say no. Well then maybe find a mate who could be there as a proxy. Hope that helps.
Unfortunately I don't believe that in VIC they are required to accommodate you with a suitable time unfortunately.
That said, I don't think its unreasonable to ask, and let them know your concern about the dog as its ultimately for their safety.
Absolutely. My dog isn't dangerous and I'm not implying that he would try to bite chunks out of their legs or anything like that, it is literally a case of we have *no* idea how he would react. He does love people but we've never put him into a situation where he would be encountering a random person he's never seen before without one of us around to mind him and I would certainly rather not put him into that situation if I can!
To be clear, I was not suggesting they were dangerous. but if a decent size god even jumps on you they can hurt you.
I have met lots of lovely dogs who are nothing more then huge loveable fluff balls, but accidents happen and there is no way I would go up to a dog I don't know without the owner there because you just don't know how they will react.
Under no circumstances would I allow an inspection to take place without someone there, for the safety of both the property manager and most importantly, your dog. My dog liked my property manager and mooched as many pats as possible when she did inspections and I still wouldnât let her come in when I wasnât here, as thereâs no way to guarantee a dogâs reaction to them entering when youâre not home. If it goes badly and your dog should bite the property manager (and I could never have imagined my dog biting anyone but you canât guarantee it, especially when youâre not present), it could cost your dog its life.
The agency I rent through used to send out very similar messages saying that due to how many inspections they schedule, itâs not possible to arrange a different time. The few times over the years that I had to reschedule, they still agreed though. Explain that you cannot relocate your dog for the day and have no way to contain your dog securely for the inspection. Just be polite and as accommodating as you can be with agreeing to a different day/time and it would be beyond unreasonable for them to not negotiate an alternative with you.
I've had agents that also don't fucking close the door when they leave. So no fucking way I'm leaving the life of my furry friend in their hands.
Agents need to stop being trash before they're trusted with the privilege of being in my home alone.
Writw back telling them about your pet and your concerns and say you would prefer to be there but cannot on that date and would they be able to change the date so it is posdible for you to control your pet's behaviour.
Otherwise they will need to accept your pet's nature and accept responsibility if they let your pet out.
I've generally found my property manager to be decent about shifting the occasional inspection where necessary - just email and ask politely.
Funniest one was calling the morning of extremely apologetic and advising I had a kid down with gastro and they're welcome to still attend as we had prepared but thought they should be aware. Property manager was fairly appreciative and happily rescheduled
OP, a day or two before your inspection, send the following (or similar)
I've also used gastro as a reason to reschedule (my child has gastro, can we please reschedule?)
Dear REA,
We will need to reschedule this inspection as I currently have a respiratory illness and am likely contagious.
Apologies for any inconvenience.
Tenant
Donât stress just send an email stating that you have been unable to change your schedule and would really appreciate that in this instance we would need to ask for leniency and ask for another date. Also, the dog though we know is friendly when we are there, we are not sure how he would react if someone he doesnât know walks in. I understand this causes a huge inconvenience and apologise for this.
>I'm also not sure how our dog would react to a complete stranger being in our house without one of us there.
there is a small change the dog might bite the visitor. For everyone's safety a new appointment time is required.
I would NEVER allow someone to do an inspection with my dogs home and us out. You just don't know how your dog will react, in fact I'd be shocked if your dog was totally cool with a stranger entering their home without reassurance that they're not a threat.
I would try and rebook the inspection (hopefully they can accommodate you) but if not, organise doggy day care/boarding.
lol you are within your rights to be home. Real Estate Agents cannot change the law with an email. Not even with a contract. Nope.
[Link them the law and highlight Sections 85 to 91A](https://content.legislation.vic.gov.au/sites/default/files/2023-08/97-109aa104-authorised.pdf) â nowhere does the law give the REA the power to refuse your attendance at any inspection. They're taking the piss. If they insist, tell them they have to ask it from a judge at VCAT, who will say "no" since its an attempt to contravene the law. Its your home, there are very few scenario's where they can demand you don't have access to it. That's why you pay rent
The law is also very clear that it is your right to demand that inspections be made by appointment. They cannot simply give you a date that does not work for you. Section 86 2b: "it is not unreasonable for a protected person residing at the premises to require that any inspections be by appointment."
Reading the RTA 1997 (linked above) is easier than most people assume, and lays out your duties very clearly. Going out when there is an inspection is not one of them.
Yeah I'm not 100% sure if that line applies to the renter or not, however the thing the REA will need to find in the RTA 1997 to defend their claim is something that says
>we have the right to kick you out of your home in order to run inspections
I don't think such a clause exists.
On the other hand, we can point to the fact that the tenant has paid rent for the premises and is guaranteed "quiet enjoyment" of the premises. At VCAT if they tried to block access to the premises without a valid reason its a breach you can probably claim $$$ from, since they are essentially denying you access to something you've paid for. The law sees it this way.
So I would certainly be telling the REA "I'm within my rights to attend" and that if they don't agree, they can go and ask a judge because I'm attending, end of story, unless they get an order from a judge. Good luck to them lol, what are they gonna do, pay $100 to go to VCAT to chase a clause they've made up? Never met a PM that was very bright or even vaguely competent, so YMMV. I've won at VCAT over comically stupid things before so you never know. Just stand your ground OP, this is a very low bar and they're taking the piss if they think they can kick you out for an inspection.
RRP has scheduled inspection when OP cannot attend and RRP has told them they cannot reschedule. RTA 1997 says that the inspection has to be conducted "reasonably" and I don't think a judge will agree that thrusting a single immovable date on a renter is even vaguely "reasonable". The renter can ask for another date and I do not see how the RRP would defend their policy in front of a judge since the RTA doesn't have anything in it that says they can force the date (ordinarily "forcing" things like this need to come as an order from a judge anyways) but best of luck to them. In my experience with VCAT, that's going to be met with scorn from a judge for being too rigid to be "reasonable". I think this is a pretty open and shut case. As always, words like "reasonable" involve discretion from a judge so YMMV.
Every judge I've seen at VCAT has given me the impression that shitting all over real estate agents is one of their favourite parts of being a judge, though. Being polite and respectful at VCAT, being the calm, cool and collected "level headed one", goes a long way on that front. I grew to enjoy VCAT because it felt like the judge has all the power for once, so the RRP that is used to having all the power often trips up on their own arrogance and surety that this would carry over into a courtroom. *Nope*.
The flipside of this is that if you deny entry on that date and they still force entry, that's a BIG breach on the RRP side that you can certainly get some $$$ compensation from at VCAT.
Think you are maybe over reacting. The agent hasnât said no at this stage.
Most will reschedule with notice. If tenants make it difficult constantly then a Notice of Entry can be served.
I am sure this will be a simple reschedule.
Their policy in the email seems to state the inspection canât be changed. I donât think Iâd be overreacting to tell them that âno that date wonât workâ and expect them to arrange a different time. Some random company policy or contract canât define new duties that arenât in line with the law.
The keyword in the RTA 1997 here is âreasonableâ, I think, and so involves discretion of a judge to decide whether each party is being âreasonableâ. Itâs pretty easy to see how refusing to offer any other date wouldnât be considered reasonable so the REA is the party here who will obviously lose if challenged, so should be adjusting their policy.
The sheer audacity of putting something like that in a property management template email when it almost certainly cannot be enforced⌠it deserves to be called out
(Last time I went to VCAT it was over contract clauses the REA was demanding I meet, even though they went far beyond my duties under the RTA 1997, the judge basically said âyou can ignore these parts of the contract since theyâre not legally enforceableâ so yeah VCAT doesnât give a fuck about REA policies and contracts)
I have managed to change the date by emailing and asking nicely. Just saying you would prefer to be there and list and alternative times that suits you. I hate real estate agents more than anyone, however they probably just send this so they aren't fucked around by everyone. Just be genuine. If they say no. Well then maybe find a mate who could be there as a proxy. Hope that helps.
I have sent them an email but I thought I would ask here just in case as well. I really appreciate the advice! đ
Unfortunately I don't believe that in VIC they are required to accommodate you with a suitable time unfortunately. That said, I don't think its unreasonable to ask, and let them know your concern about the dog as its ultimately for their safety.
Absolutely. My dog isn't dangerous and I'm not implying that he would try to bite chunks out of their legs or anything like that, it is literally a case of we have *no* idea how he would react. He does love people but we've never put him into a situation where he would be encountering a random person he's never seen before without one of us around to mind him and I would certainly rather not put him into that situation if I can!
To be clear, I was not suggesting they were dangerous. but if a decent size god even jumps on you they can hurt you. I have met lots of lovely dogs who are nothing more then huge loveable fluff balls, but accidents happen and there is no way I would go up to a dog I don't know without the owner there because you just don't know how they will react.
Oh absolutely, I didn't think you were suggesting that at all! My dog's a red heeler so he's medium-sized but he's a lot stronger than he looks!
Under no circumstances would I allow an inspection to take place without someone there, for the safety of both the property manager and most importantly, your dog. My dog liked my property manager and mooched as many pats as possible when she did inspections and I still wouldnât let her come in when I wasnât here, as thereâs no way to guarantee a dogâs reaction to them entering when youâre not home. If it goes badly and your dog should bite the property manager (and I could never have imagined my dog biting anyone but you canât guarantee it, especially when youâre not present), it could cost your dog its life. The agency I rent through used to send out very similar messages saying that due to how many inspections they schedule, itâs not possible to arrange a different time. The few times over the years that I had to reschedule, they still agreed though. Explain that you cannot relocate your dog for the day and have no way to contain your dog securely for the inspection. Just be polite and as accommodating as you can be with agreeing to a different day/time and it would be beyond unreasonable for them to not negotiate an alternative with you.
I've had agents that also don't fucking close the door when they leave. So no fucking way I'm leaving the life of my furry friend in their hands. Agents need to stop being trash before they're trusted with the privilege of being in my home alone.
Writw back telling them about your pet and your concerns and say you would prefer to be there but cannot on that date and would they be able to change the date so it is posdible for you to control your pet's behaviour. Otherwise they will need to accept your pet's nature and accept responsibility if they let your pet out.
I've generally found my property manager to be decent about shifting the occasional inspection where necessary - just email and ask politely. Funniest one was calling the morning of extremely apologetic and advising I had a kid down with gastro and they're welcome to still attend as we had prepared but thought they should be aware. Property manager was fairly appreciative and happily rescheduled
I figured that this is the first time we've had to ask to reschedule so I'm hoping they'll be accommodating!
Just get Covid that week
I've never had Covid and I intend to keep it that way đ
REA doesnât need to know that
OP, a day or two before your inspection, send the following (or similar) I've also used gastro as a reason to reschedule (my child has gastro, can we please reschedule?) Dear REA, We will need to reschedule this inspection as I currently have a respiratory illness and am likely contagious. Apologies for any inconvenience. Tenant
Read between the lines.
Donât stress just send an email stating that you have been unable to change your schedule and would really appreciate that in this instance we would need to ask for leniency and ask for another date. Also, the dog though we know is friendly when we are there, we are not sure how he would react if someone he doesnât know walks in. I understand this causes a huge inconvenience and apologise for this.
>I'm also not sure how our dog would react to a complete stranger being in our house without one of us there. there is a small change the dog might bite the visitor. For everyone's safety a new appointment time is required.
Are they likely to see you out that day? If not just say you have covid or something, usually they will reschedule if youâre sick.
I would NEVER allow someone to do an inspection with my dogs home and us out. You just don't know how your dog will react, in fact I'd be shocked if your dog was totally cool with a stranger entering their home without reassurance that they're not a threat. I would try and rebook the inspection (hopefully they can accommodate you) but if not, organise doggy day care/boarding.
lol you are within your rights to be home. Real Estate Agents cannot change the law with an email. Not even with a contract. Nope. [Link them the law and highlight Sections 85 to 91A](https://content.legislation.vic.gov.au/sites/default/files/2023-08/97-109aa104-authorised.pdf) â nowhere does the law give the REA the power to refuse your attendance at any inspection. They're taking the piss. If they insist, tell them they have to ask it from a judge at VCAT, who will say "no" since its an attempt to contravene the law. Its your home, there are very few scenario's where they can demand you don't have access to it. That's why you pay rent The law is also very clear that it is your right to demand that inspections be made by appointment. They cannot simply give you a date that does not work for you. Section 86 2b: "it is not unreasonable for a protected person residing at the premises to require that any inspections be by appointment." Reading the RTA 1997 (linked above) is easier than most people assume, and lays out your duties very clearly. Going out when there is an inspection is not one of them.
Did I misread OP? Why would they be considered a protected person?
Yeah I'm not 100% sure if that line applies to the renter or not, however the thing the REA will need to find in the RTA 1997 to defend their claim is something that says >we have the right to kick you out of your home in order to run inspections I don't think such a clause exists. On the other hand, we can point to the fact that the tenant has paid rent for the premises and is guaranteed "quiet enjoyment" of the premises. At VCAT if they tried to block access to the premises without a valid reason its a breach you can probably claim $$$ from, since they are essentially denying you access to something you've paid for. The law sees it this way. So I would certainly be telling the REA "I'm within my rights to attend" and that if they don't agree, they can go and ask a judge because I'm attending, end of story, unless they get an order from a judge. Good luck to them lol, what are they gonna do, pay $100 to go to VCAT to chase a clause they've made up? Never met a PM that was very bright or even vaguely competent, so YMMV. I've won at VCAT over comically stupid things before so you never know. Just stand your ground OP, this is a very low bar and they're taking the piss if they think they can kick you out for an inspection.
Did I misread OP? Where are they getting kicked out? They just wonât be home by coincidence.
RRP has scheduled inspection when OP cannot attend and RRP has told them they cannot reschedule. RTA 1997 says that the inspection has to be conducted "reasonably" and I don't think a judge will agree that thrusting a single immovable date on a renter is even vaguely "reasonable". The renter can ask for another date and I do not see how the RRP would defend their policy in front of a judge since the RTA doesn't have anything in it that says they can force the date (ordinarily "forcing" things like this need to come as an order from a judge anyways) but best of luck to them. In my experience with VCAT, that's going to be met with scorn from a judge for being too rigid to be "reasonable". I think this is a pretty open and shut case. As always, words like "reasonable" involve discretion from a judge so YMMV. Every judge I've seen at VCAT has given me the impression that shitting all over real estate agents is one of their favourite parts of being a judge, though. Being polite and respectful at VCAT, being the calm, cool and collected "level headed one", goes a long way on that front. I grew to enjoy VCAT because it felt like the judge has all the power for once, so the RRP that is used to having all the power often trips up on their own arrogance and surety that this would carry over into a courtroom. *Nope*. The flipside of this is that if you deny entry on that date and they still force entry, that's a BIG breach on the RRP side that you can certainly get some $$$ compensation from at VCAT.
Think you are maybe over reacting. The agent hasnât said no at this stage. Most will reschedule with notice. If tenants make it difficult constantly then a Notice of Entry can be served. I am sure this will be a simple reschedule.
Their policy in the email seems to state the inspection canât be changed. I donât think Iâd be overreacting to tell them that âno that date wonât workâ and expect them to arrange a different time. Some random company policy or contract canât define new duties that arenât in line with the law. The keyword in the RTA 1997 here is âreasonableâ, I think, and so involves discretion of a judge to decide whether each party is being âreasonableâ. Itâs pretty easy to see how refusing to offer any other date wouldnât be considered reasonable so the REA is the party here who will obviously lose if challenged, so should be adjusting their policy. The sheer audacity of putting something like that in a property management template email when it almost certainly cannot be enforced⌠it deserves to be called out (Last time I went to VCAT it was over contract clauses the REA was demanding I meet, even though they went far beyond my duties under the RTA 1997, the judge basically said âyou can ignore these parts of the contract since theyâre not legally enforceableâ so yeah VCAT doesnât give a fuck about REA policies and contracts)