Do phone photos count as evidence in a bond dispute?

Yes, photos taken on phones are accepted as evidence in bond disputes across all Australian states and often serve as key evidence. Tribunals like NCAT, VCAT, and QCAT do not strictly follow formal evidence rules, so phone photos are not rejected solely because of their source. The deciding factor is the weight given to the photos, considering when they were taken, if they correspond with the condition report, and whether they clearly depict the issue in question.

This guide outlines what regulators and tribunals say about photos, what landlords must now provide you, what information photo files contain and how messaging apps affect them, and how to take and submit photos that stand up as evidence. It is relevant for both tenants and the cleaners they hire.

Do tribunals accept phone photos as evidence?

Yes. NCAT (NSW), VCAT (Victoria) and QCAT (Queensland) resolve bond disputes without applying formal court evidence rules, so photos, videos, messages and screenshots are all considered. The Acts that set up these tribunals say so: Civil and Administrative Tribunal Act 2013 (NSW) s 38(2), Victorian Civil and Administrative Tribunal Act 1998 s 98(1)(b) and Queensland Civil and Administrative Tribunal Act 2009 s 28(3)(b). Other regulators agree: South Australia's CBS tells tenants to take photos when they leave, and Western Australia's Commissioner for Consumer Protection lists photos among the evidence parties can send.

Being accepted as evidence does not guarantee persuasiveness. Tribunal members assess how much each photo proves, usually by comparing it with the initial condition report. Victoria's Guideline 2 on cleanliness, which VCAT must consider, says VCAT relies on the condition report "and any photos or video taken" to decide the starting condition. The guideline also lists comparing photos from the exit condition report with those from the entry report as one of the things to weigh.

Bond authorities themselves do not evaluate evidence. Queensland's Residential Tenancies Authority (RTA) explains in its evidence podcast that only QCAT can determine the accuracy or suitability of evidence; the RTA cannot.

What do the regulators say about photos and condition reports?

All three regulators advise tenants to photograph the property at the start of the lease and attach these photos to the condition report. The condition report is the document tribunals use for comparison, and photos add detail.

At lease end, the exit condition report is completed with the tenant present or after giving them a reasonable opportunity to attend. In Victoria, the rental provider must complete it within 10 days after the agreement ends. Photos taken on the same day provide a reference to verify the report.

What evidence does the landlord have to show you?

All three states now require landlords who claim bond money without tenant agreement to provide evidence supporting the claim, which can include photos.

Victoria. From 13 October 2026, rental providers must supply renters with bond claim evidence at least three days before claiming, and this evidence must not contradict the condition report (Residential Tenancies Act 1997 s 411(1A)). Acceptable evidence includes invoices, receipts, quotes, or photographs. See our Victorian bond refund guide.

NSW. Landlords claiming bond money without tenant consent must provide the completed end-of-tenancy condition report and copies of any estimates, quotes, invoices, or receipts within seven days (Residential Tenancies Act 2010 s 165).

Queensland. Property managers or owners claiming or disputing the bond must provide supporting evidence within 14 days (s 136AA). The RTA lists receipts, quotes, and unpaid rent records as examples and notes that if a tradesperson is unavailable, managers can photograph damage and send it for a quote. Between July and September 2026, the RTA is proactively investigating cases lacking evidence.

When you receive the landlord's photos, compare them with your own and the entry report. A close-up photo without context or date is less convincing than a wide shot that matches an entry report photo.

What does a photo file record, and what can't it prove?

Phone photos store the date and time taken within the file, and usually the location if location services were enabled. This embedded data, called EXIF, can be viewed in the photo's details or info section.

While the date is helpful, it alone is not definitive proof. Apple's Photos app lets you change a photo's date, time and location, and Google Photos lets you edit the date as well. Photos cannot show who caused damage or how long it existed. Photos with the most credibility are those held by others, such as those attached to the condition report or emailed to the agent on handover day, as their dates are recorded independently.

Do WhatsApp, WeChat and other apps remove the date from photos?

Some apps do remove date and location data. It's safest to assume any app that compresses photos may strip this information, so keep original files and send copies as files.

The practical advice is to keep all originals in your camera roll and backups, and send photos to the agent via email as attachments or through shared folders. If using WhatsApp, send photos as documents. Do not rely on WeChat to preserve photo dates.

How do you take handover photos that hold up?

Photos are most effective when tribunal members can directly match them to the condition report without guessing. This depends on good habits.

1. Follow the condition report's order, photographing room by room in the same sequence so each photo corresponds to a specific line in the report.
2. Take a wide shot first to show the area (wall, benchtop, carpet), then a close-up to show the specific mark. Victoria's guideline notes close-ups help identify existing wear like scuff marks.
3. Photograph in good lighting, facing straight on. Turn on lights, open blinds, and avoid flash glare on reflective surfaces.
4. Show the interiors of appliances and storage spaces such as ovens, dishwashers, cupboards, drawers, wardrobe tracks, and fridges, as cleaning claims often relate to these areas.
5. Photograph pre-existing wear at the start, such as oven glass etching, carpet shading, mould in silicone, and wall marks, to prove they are old.
6. Take the same photos at the end of the tenancy, after cleaning, from the same angles so each pair shows the condition before and after.
7. Record a short video walk-through as well, which demonstrates the layout and connects the still photos.

Cleaners should use the same approach: take arrival photos of existing marks, then finished photos from the same angles, along with their invoice. Our guide on what a bond clean includes lists the marks cleaning cannot remove.

For a room-by-room cleaning and photo checklist, use our end of lease cleaning checklist. For guidance on what counts as wear rather than damage, see the fair wear and tear guide.

How should you send your photos to the agent?

Send photos in a way that preserves original files and records the sending date, such as email attachments or shared folder links, which provide a dated record. Keep the original files as well. If this ends up at a tribunal you will be sending the files themselves, not a link.

Send your exit photos to the agent before or on the final inspection day, including a brief note stating you have attached photos of the property as left. Keep originals on your phone and backed up. If a dispute arises, you can present both the original files and the dated email.

Retain all documents until the bond is refunded: both condition reports, your photos and videos, cleaning receipts, and all communications with the agent. The Tenants' Union of NSW recommends keeping photos showing cleaning or repairs you have done.

How do you send photos to a tribunal?

Sending a link is appropriate for the agent, but it is not suitable for a tribunal, as each state has different rules.

In Victoria, VCAT advises renters not to send evidence as file links or zip files, but to attach each file individually when emailing. Photographs must be in colour, include the date they were taken, and specify the room or area shown. Evidence must be submitted to VCAT and the other party at least 3 days before the hearing, in PDF, JPG, PNG, DOC, XLS, or CSV formats, with no file larger than 90 MB and no password protection. If the hearing is in person, bring paper copies as well.

In Queensland, QCAT's practice direction for tenancy disputes requires photographs to be labelled with a written description and numbered for identification at the hearing, and uploaded separately rather than as a single bundle. Every document must have page numbers. Any evidence not attached to the application must be provided to the other party at least five business days before the hearing, and simply uploading it to QCase is insufficient. QCAT does not print photographs for you. Failure to follow these steps means the tribunal can refuse to let you rely on the photos, or adjourn the hearing.

Queensland also recommends being selective with evidence. The practice direction states that it is not necessary or desirable to file several photographs showing the same thing; therefore, twenty well-organised photos are more effective than two hundred.

In New South Wales, NCAT lists photographs among the documents to provide. If you mention them in a statement, attach and number them in the order referenced, and bring copies for both the other party and the Tribunal Member.

A common theme across all three states is that photographs must be clearly identifiable. They should be numbered, described, and arranged in the same order for everyone involved. A photo with a number and room name printed on it meets most of these requirements.

What if you only have old photos in your camera roll?

You can still use photos stored on your phone's camera roll, as they usually retain their original capture date even if never sent.

Check the photo's details to confirm the date taken. If photos are stored in iCloud or Google Photos, download the original files rather than screenshots. Avoid editing, cropping, or re-saving before sending, and attach photos as files in emails to preserve dates.

In your response, explain which photo shows what and when it was taken. If your photos are limited, rely on the condition report: anything noted as worn, marked, or dirty at entry cannot be charged as new damage.

How does CleanLog record photos?

CleanLog records the time and location of each photo when taken, either from the photo's data or, if absent, from your phone at that moment, storing this with the report rather than in the image file. When you lock the report, the server timestamps it and prevents changes. You then share a read-only link or PDF with the agent. Taking photos and previewing the report is free.