Case Note 5421 [1995] – A real estate agent’s employee entered complainant’s flat and took photographs

The complainant alleged that a real estate agent’s employee entered the complainant’s flat and took photographs. The employee had earlier left a note on the door asking the occupants to contact the agency. The note did not indicate any intention to inspect the premises. The real estate agent, who was the owner’s property manager, said the photographs were taken to support an allegation of a breach the Residential Tenancies Act. This breach was never taken to the Tenancy Tribunal. The photographs were then used in proceedings before the Tenancy Tribunal in a later, allegedly unconnected, dispute.

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