My tenant will not allow me to take photographs to re-let the property

Your tenant will not allow you to take photos? Imagine the following situation: you own a flat and your current tenant has given notice. They will be leaving the flat in three months, giving you some time to put it back on the rental market. However, after several years of occupancy, the property has changed somewhat… so you need to take new photos for your new listing.

But here is the problem: your tenant refuses to let you photograph their home… What should you do? Are they entitled to refuse? How can you avoid this kind of situation in the future??

As a landlord, you must follow certain rules regarding your tenant. Firstly, you cannot enter the tenant’s home without their permission. Nor are you entitled to visit whenever you please! You are entitled to carry out one inspection per year to check the property. You may also visit to assess any repairs requested by the tenant. When putting the property back on the rental market, you must agree the viewing days and times together; you cannot impose them.

What about photos?

Unfortunately, there is little case law in Belgium concerning this type of situation. Most of the time, these situations are resolved amicably.

Existing case law is based on the personal right to privacy. European law goes further and even includes the home within this right. “Everyone has the right to respect for their private and family life, their home and their correspondence.”

The question is whether a photographic report infringes this right. It is possible to argue both ways…

In Belgium, the courts prohibit the reproduction of photographs of a home that allow it to be identified. This would suggest that taking photos should be permitted if a few adjustments are made to the rented property. The rights of tenants who do not want certain things to appear in the photos must therefore be respected.

If the situation is complicated, talking to the tenant remains the best solution. Agree together on what they would accept. Perhaps they will only object to certain rooms being photographed or certain items appearing in the photos. Be accommodating; it is highly likely that you will find a compromise.

The best way to avoid this kind of situation is to specify in the tenancy agreement that you have the right to take photos when putting the property back on the rental market. We also recommend specifying a reasonable schedule for viewings in the tenancy agreement, for example two two-hour slots per week. This will protect you against situations that could become awkward!

Now that you are better informed about this thorny issue, if you would like to learn more about current developments in the property sector, we invite you to browse our blog, which is full of interesting articles. And if you would like to daydream about properties, browse our available properties.