'Stay ... out, creepy people' - tenant decries manager's virtual inspection demand

A Wellington tenant decried a virtual inspection request. Photo / Mark Mitchell

A Wellington tenant has decried a national property management firm asking to inspect his Aro Valley flat via Zoom during alert level 4 but the manager says it can do it if tenants agree.

Geordie Rogers said to Quinovic Kent Terrace to "stay the ... outta my house. I'm not Zooming you. Creepy little people." The management firm could not require such an inspection, he argued.

Paul Chapman, Quinovic chief operating officer, said the inspections could be carried out virtually but said only if the tenants agreed.

"During the last level 4 lockdown in 2020, some of our franchisees elected to carry out their inspections via Zoom. Any such inspections were carried out with the agreement of the tenant and prescribed notice periods were always adhered to. This process worked well and allowed items of maintenance to be identified early and for issues to be resolved quickly, as Covid levels allowed," Chapman said.

Rogers told the Herald he objected to what he saw as an invasion of privacy.

"Under lockdown, I'm already under stress because I work in events management and the stress of having to take time out to jump on a Zoom call and have someone to get me to slowly walk around the property and Zoom in on parts of it - it's annoying," he said.

Chapman said that with the uncertainty of how long this lockdown would last and given new cases, one Wellington franchise emailed tenants about virtual inspections.

"The email advised that the property manager would be in contact with the tenant to confirm a time to complete the inspection and noted that prescribed notice periods would be adhered to. If the proposed time was not suitable or if the tenant did not wish to complete the inspection by Zoom, then the inspection would have been deferred until it could be carried out at a mutually convenient time," Chapman said.

The current level 4 guidelines allowed for remote inspections as long as prescribed notice periods were adhered to and tenants consented.

"Our protocols for these inspections would have ensured both of these conditions were met before a Zoom inspection is completed," Chapman said.

Joanna Pidgeon, a director of Pidgeon Law, said such inspections were allowed.

"As long as the person is living in that property and the property manager is working from their home, these video inspections can take place. Property auctions are still taking place remotely as can other remote things provided people stick to their bubbles, leaving home only for local exercise, supermarket shopping, or medical reasons etc," Pidgeon said.

A tenant can demand access to a copy of the video under the Privacy Act and it must be stored appropriately, she said.

Jen Baird, Real Estate Institute chief executive, said like all rental property inspections, whether virtual or in-person, landlords and property managers should give appropriate notice and have the tenants consent. Both parties should be reasonable with their requests and access.

"During the last alert level 4 and 3, we recommend that property managers take a pragmatic and reasonable approach with tenants, as we understand that a lot of people are juggling multiple responsibilities including working from home or doing essential work. It is important to note that virtual inspections do not replace physical/on-site inspections, which can resume with caution at alert level 2 or below," Baird said.

Jeff Walters, a director of K3 Legal in Albert St, warned that property managers could not demand tenants comply with virtual inspection demands.

"Under the Residential Tenancies Act 1986, a landlord can enter the premises to inspect. The landlord is not entering the premises in the case of a virtual inspection. Also, the tenant is under no obligation to facilitate such access," Walters said.

Rogers is worried about other tenants being asked.

"If people don't have a data plan, doing something like a Zoom call would cost them a lot. They might not have a device they can do such a call on. That's putting a lot of pressure on tenants," he said.

Rogers said he wanted to warn others that they did not have to agree to virtual inspections during the lockdowns.

"They don't have to do it," he said.

Rogers objected to the request to see inside his place virtually. Photo / Twitter

His place is usually inspected every three months, he said.

He tweeted Quinovic Kent Terrace as telling tenants: "While Wellington remains in lockdown our approach to inspections is changing. Tenant and staff safety is paramount while the Covid-19 outbreak remains a risk.

"As we are unable to continue with in-person inspections during alert levels 3 and 4, all inspections will instead be completed on the phone via video link.

"During the scheduled video call, we will be walked through the property, directing the tenant to any areas," Quinovic said.

Rogers said Tenancy Services had advised that tenants must first give a manager permission before a virtual inspection can be carried out.

RENZ told property managers that under alert level 4, they "must find alternative ways of working to implement and main controls".

In-person inspections of rental properties were prohibited, REINZ says.

"Inspections may occur remotely if possible and with the tenants' permission. In-person inspections cannot take place for emergency maintenance inspections and instead, the property manager will need to contact an essential service to perform the repair," REINZ says.

Managers must reschedule inspections which had been due to take place before alert level 4 was declared, it said.

New Zealand has around 1.3m tenants who on February 11 got strengthened rights when the Residential Tenancy Act amendments came into force.

The biggest change was the end of no-cause terminations so that landlords are now far more restricted in how they can end a tenancy.