A Perth real estate agency has cited the unfolding fuel crisis as a reason for requesting tenants conduct their own property inspections, in what Western Australia’s consumer watchdog has flagged as a potential breach of consumer law.
In an email seen by this masthead, Davey Real Estate wrote to tenants last month advising them they would need to conduct their own routine inspections, which involved taking a minimum of 10 photos of each room in a house, and needed to be “recent, clear, well-lit and unedited”.
“Due to current fuel supply constraints, routine inspections are being conducted temporarily in a virtual format to reduce travel while continuing to meet inspection requirements and promptly identify any maintenance concerns,” the email read.
“This approach allows inspections to proceed with minimal disruption to tenants during this period.”
Tenants were provided with a link and a deadline to complete the inspection by, and a warning that a further inspection would be required if the tasks weren’t completed.
A Consumer Protection spokesperson told this masthead the request may breach Australian Consumer Law.
“It may be a breach … [for] a person to claim not to be able to deliver a service they are obliged to provide because of fuel supply during a period when fuel was readily available in Western Australia,” they said.
“For an agent to charge an inspection fee and not provide the service might be a breach of [Australian Consumer Law].”
Davey Real Estate did not respond to requests for comment, and did not detail whether it had charged its full fee as a property manager.
Fuel prices have jumped but supply in the Perth metropolitan area has not been interrupted across the duration of the United States’ war on Iran, and at the time the email was sent, the state and federal governments announced a fuel excise that would save motorists 32 cents a litre.
At the same time, an extra five million litres of fuel was sent to the Wheatbelt and other regions that were feeling the sting of escalating petrol prices.
“The property manager should consider whether conducting property inspection in this way is in the best interest of their client and whether they would still be doing their job with the due care and skill required under the Real Estate and Business Agents Act 1978,” the Consumer Protection spokesperson said.
“An inspection fee is likely to be included in the written authority with the agent.
“Whether the practice of ‘remote inspections’ done by the tenant entitles the agent to charge their client an inspection fee is determined by the individual contract.
“Agents or lessors should consider getting their own legal advice.”
