Changes to the rta vic

[Sez]

Hi All,

Just a quick note to make you all aware of the recent changes to the RTA in VIC.

Now, if you or your agent use a tenancy database it must be clearly listed on your application forms which database you use and their contact details, also, if doing a check on an applicant and you find their details on the database you must write to the applicant within 7 days to advise them of the listing, why they are listed, who listed them, the contact details of who they speak to about having it removed (e.g - contacting the agent who listed them or the database).

In addition to this the urgent repairs amount that a tenant can seek reimbursement for has gone up from $1000 including GST to $1800 including GST.

I would suggest you all contact your agent to update your authority to reflect the changes in legislation. The urgent repairs limit is rarely used by PM's but it is there to protect you. If the tenant calls with an urgent repair and you can not be contacted your PM should have trusted trades who can attend which will control the cost and quality of the work carried out, this is far better than your tenants contacting someone out of the local paper!

Most of you are probably already aware of these changes but I just thought I'd make sure!!

 

[Ed Barton]

Now, if you or your agent use a tenancy database it must be clearly listed on your application forms which database you use and their contact details, also, if doing a check on an applicant and you find their details on the database you must write to the applicant within 7 days to advise them of the listing, why they are listed, who listed them, the contact details of who they speak to about having it removed (e.g - contacting the agent who listed them or the database).

that's fair enough imo. a tenant is entitled to know why they have been listed.

back in the stone age when i rented. an agent rang me from a place i applied for and politely said you're telling fibs about your last rental, they've never heard of you (not quite default listing). i sent them the lease and ledger and suddenly the old agent found my details. must happen all the time.

 

[Sez]

They aren't drastic changes but the penalties for doing the wrong thing have also increased in a lot of cases so it is best to be aware of it!

They lost your details???!!!! That is terrible!

 

[Lil Skater]

In addition if you wish to lodge a tenant on a database you must notify the tenants in writing and they have 14 days to object.

Also, you cannot lodge a tenant if they have no outstanding debt. Theoretically a tenant can owe thousands in rent and damages, but if this does not exceed the bond you cannot list them, or if they pay it out of their own pocket you cannot list them. You may list a tenant if you have been granted a warrant of possession.

When I went to the REIV update session, an agent brung up a good point. They specialised in high end rentals and had just taken a $10k bond on a property, the CAV member said even if that tenant is constantly in rent arrears and does not receive any bond back, as long as no debt was outstanding that tenant can't be listed to inform their next agent.

Also, records must now be swiped after 3 years. In some instances a tenant can apply to VCAT to have this removed earlier, alternatively VCAT can deem the listing can remain.

These changes took effect 1st September.

Sorry Sez, thought I'd add to it!

 

[lizzie]

brung

brought ... the past tense of "to bring"

 

[wobbycarly]

brought ... the past tense of "to bring"

Beat me too [sic] it!

That hurt!

(Bit like using "thunk" as the past tense of "thought")

 

[Peter Parker]

Also, records must now be swiped after 3 years.

So if they go to jail for 3 years they automatically come out with a clean record, even if they trashed the joint just before they went in?

It would be fairer if the 3 years was based on continuous clean rental history.

 

[vbplease]

Now, if you or your agent use a tenancy database it must be clearly listed on your application forms which database you use and their contact details, also, if doing a check on an applicant and you find their details on the database you must write to the applicant within 7 days to advise them of the listing, why they are listed, who listed them, the contact details of who they speak to about having it removed (e.g - contacting the agent who listed them or the database).

I find this a bit comical to be honest.. why on earth would a landlord/agent want to comply with this?
Is the tenant now allowed to stand over the agent's shoulder and watch them process their application, and then receive a detailed explanation why they're not successful?

In addition if you wish to lodge a tenant on a database you must notify the tenants in writing and they have 14 days to object.

What's next? Permission needs to be granted by the tenant before you make a lodgement?

 

[Lil Skater]

Thanks Lizzie, I've been really sick today and just couldn't think of the word, now you say it, it's so obvious!

I must agree, these new laws are just ridiculous!

 

[Aaron_C]

This crap makes me just want to buy commercial properties

 

[Sez]

What these new laws are effectively doing is making the tenancy database redundant. It's a shame but it is what they have done - I already knew few agents who bothered to use the database, I imagine that number will drop significantly now.

 

[Goofy]

what i find most strange is they have removed and agents ability to list tenants as recommended tenants!! I used to lodge all of my outgoing tenants on NTD, either as a previous tenant if they werent so great but didnt have anything such as a VCAT order, or if they were great tenants who always paid on time and kept the property in immaculate condition then they would be listed as a recommended. But now we can only list them if the listing is negative!