How do you decide on a tenant? Is it against privacy laws to request information abou

monalisa

monalisa

Hi all!

How do you decide on a tenant?

My agent has put forward a tenant (a family) which is new in Australia - and hence has no employment history etc. Apparently there is a guarantor (who is himself a landlord) and the agent has assured me that these people will make good tenants - its four adults - I would have preferred a small / younger family - not that it matters so long as they look after the place, and pay the rent on time.

The agent has told me that it is against privacy laws for him to forward any personal details - however I could come in to their office and have a look. This doesn't settle well with me, I recall when my sister rented her place out she went through the individuals' bank statements, their IDs etc. Also, the agent has only put forth one prospective tenant - which surprises me as the rent is reasonable, the property is in Mt Druitt, near shops and trains.

So how am I supposed to make an informed decision?

I want to be compassionate about it all - as these people do not have "history" to show - having moved to Australia with family 11 years ago - but I have to look at their financials.

I spoke to the principal of the agency, and he said he has full faith in the agent choosing the right people and asked me what other tenants has the agent suggested? The agent hasn't answered this question of mine - apart from asking me back "what exactly is concerning me?" Its just that I do not know enough about these people to be able to make a decision!

Thanks
Mona
 
When a tenant makes application for your property they do provide information covered by the Privacy Act. They will sign away their rights to privacy so that the agent can make background checks.

It is not against the Act for you as a LL to see the information they have priovided.

However, if the managing agent were to fax or email a copy of the tenant's information to you as a LL, then they cannot control where that information goes - they have lost control. They are bound by the Act to keep the tenant's information secure.

That is why they say that you can view the information in their office. I think that is perfectly reasonable of them and nothing about that should concern you.
 
Rubbish.
It is your property.
Demand the information to make an informed decision, unless your PM is willing to co-sign for them? (that will never happen)
Have them scan and email the information to you.

If you can get a co-signer, you will need this information about them too.
 
They are able to forward the information so long as any identifies are removed. However, as stated earlier, this is not normal practise.

If you are worried about their ability to make payments, have the guarantor be placed on the lease as a tenant and ask for the rent to be paid either a few months in advance or in full up front.
 
chilliblue said:
They are able to forward the information so long as any identifies are removed. However, as stated earlier, this is not normal practise.

If you are worried about their ability to make payments, have the guarantor be placed on the lease as a tenant and ask for the rent to be paid either a few months in advance or in full up front.
Click to expand...

You are entitled to know everything about the applicant, including their name.

Depending on the state, you cannot request rent be paid upfront.
 
Fair enough if they have no past rental references but make sure your agent has done an employment check. You want to make sure you get your rent.
 
4 adults in a 2br apartment? Sounds like a squeeze. Normally agents work off 1 adult occupant per bedroom in the house.

Was this the unit that you were asking about earlier and the agent was telling you to list it for $x and you wanted more? Sounds like you are above the limit of what tenants are going to pay since Mt Druitt is a busy market.
 
kathryn d said:
Rubbish.
It is your property.
Demand the information to make an informed decision, unless your PM is willing to co-sign for them? (that will never happen)
Have them scan and email the information to you.

If you can get a co-signer, you will need this information about them too.
Click to expand...

Not so much.

The prospective tenant has provided certain private information to the agent. The agent can only share that information with parties he has been granted permission to do so..either specifically or mor generally through whatever Privacy Act disclosure th e prospective tenan signed.
 
DaveMSydney said:
4 adults in a 2br apartment? Sounds like a squeeze. Normally agents work off 1 adult occupant per bedroom in the house.

Was this the unit that you were asking about earlier and the agent was telling you to list it for $x and you wanted more? Sounds like you are above the limit of what tenants are going to pay since Mt Druitt is a busy market.
Click to expand...

Yes it is the same unit.

I did go with what the rent the agent suggested, and its fair rent, compares to other units on the same street.

Its modern 14 years old.

What makes you say above the limit? There has been 400 views - surely there are more applicants!

Speaking to the agent tomorrow morning. I am all for giving people a chance knowing what it is like moving countries - but need to make sure they can afford it.
 
Jan is always a slow timeof the year for rentals, many people are cashflow poor after xmas and dont have the cash to fund a bond to move. Feb picks up.

I think you had mentioned before that it was $320 a week and the agent said $300 or someting? There was a thread you made a few weeks ago if I recall.

That pricing is fair for the age (300-320pw is the norm for Hythe st newer complexes) so I dont think there is much wrong unless its priced at 340+. I suspect is more timing than anything.

If the agents gut says that the applicants are OK, then maybe trust her a bit and give them a go on a 3 month intial lease, with an extension after 3 months of perfect rental payment and a satisfactory inspection.
 
Intuition? The agent obtained references from the temp accommodation they resided in initially before moving in with a relative.

The lease has been signed today, guarantor on lease, three mth term, they offered to pay in advance... Which is great. Will do an inspection at the end of the term.... And then decide on the next term.
 
DaveMSydney said:
Jan is always a slow timeof the year for rentals, many people are cashflow poor after xmas and dont have the cash to fund a bond to move. Feb picks up.

I think you had mentioned before that it was $320 a week and the agent said $300 or someting? There was a thread you made a few weeks ago if I recall.

That pricing is fair for the age (300-320pw is the norm for Hythe st newer complexes) so I dont think there is much wrong unless its priced at 340+. I suspect is more timing than anything.

If the agents gut says that the applicants are OK, then maybe trust her a bit and give them a go on a 3 month intial lease, with an extension after 3 months of perfect rental payment and a satisfactory inspection.
Click to expand...

Yes, $300 Pw. The Place is clean and reno'd
 
the rental contract is between the landlord and tenant
THE LANDLORD IS THE FIRST PARTY TO THE CONTRACT
THE APPLICANT TENANT IS THE SECOND PARTY TO THE CONTRACT.
the property manager is not party to the contract

THE LANDLORD IS REQUIRED TO MAKE DECISION ABOUT THE DISPOSITION OF THE LANDLORD'S PROPERTY.

THE SPECIFIC REASON FOR THE COLLECTION OF INFORMATION IS FOR THE LANDLORD TO MAKE THAT DECISION. THERE IS NO PRIVACY CONFLICT

shouting:; dumb, in this case dumb property managers (surprise), annoys me
 
AlmostBob said:
THE SPECIFIC REASON FOR THE COLLECTION OF INFORMATION IS FOR THE LANDLORD TO MAKE THAT DECISION. THERE IS NO PRIVACY CONFLICT
Click to expand...

There is no 'privacy conflict' with sharing the tenant's rental application information with the LL at all. That's fine.

HOWEVER, the agent is duty bound under the Privacy Act to make sure those written records are held secure. In their office, I presume they are held in locked filing cabinets. Or if destroyed, then they are shredded and disposed of correctly. The issue with an agent scanning and emailing them to a LL, is that the agent loses control of what the LL does with those documents.

I think a tenant could make a case that the agent was in breach of the Privacy Act if he/she emailed them off to a LL and that LL subsequently did something like (apologies for the silly example):
1. Published them on facebook
2. Mailed them to anyone
3. Shared the information with an employer etc etc

The only real way an agent could be safe in this instance is to offer for the LL to come into the agent's office and view them (this was what the OP said had been offered, by the agent, in their original post). Anything other than that, and IMO the agent is excposing their agency to prosecution under the Act.
 
I think having the LL sign a disclosure for keeping that safe would be sufficient.

Any lawyers here want to give their expert opinion?
 
AlmostBob said:
the rental contract is between the landlord and tenant
THE LANDLORD IS THE FIRST PARTY TO THE CONTRACT
THE APPLICANT TENANT IS THE SECOND PARTY TO THE CONTRACT.
the property manager is not party to the contract

THE LANDLORD IS REQUIRED TO MAKE DECISION ABOUT THE DISPOSITION OF THE LANDLORD'S PROPERTY.

THE SPECIFIC REASON FOR THE COLLECTION OF INFORMATION IS FOR THE LANDLORD TO MAKE THAT DECISION. THERE IS NO PRIVACY CONFLICT

shouting:; dumb, in this case dumb property managers (surprise), annoys me
Click to expand...

You're assuming that the prospective tenant in this instance has completed a contract with a specific landlord as distinct from completing a general application to the agent.

If it is the latter, which I would appear to be, the agent is responsible to ensure they only use and disclose said information in a way consistent with the terms of the Privacy Act.

If they **** up, it's their neck in the noose so it is perfectly reasonable for them to make the decision as to whether the tenant provided the information on the understanding all or part of it would be passed to a prospective landlord.
 
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