Rent: offers over x. Is this legal?

I've never seen it before. Call the contact and ask them - would be interested to hear their response.

Cheers

Jamie
 
They told me 'this is our normal process and we've been doing this for the last 2 years'...
I'll check the act tomorrow.
 
I think it's absolutely disgusting that a greedy Landlord advertises their property for rent, with the express intention of trying to maximise the rent they are able to achieve from it. What is the world coming to. They have no right to expect that. It should be against the law !!

.....oh wait, it is....section 57 (1) of the Queensland Residential Tenancies Act.


Phew - Tenancy Union Advocates have once again done their job well.


Premises must be offered for rent at a fixed amount

"A lessor or lessor’s agent must not advertise or otherwise offer
a residential tenancy for premises unless a fixed amount is
stated in the advertisement or offer as the amount of rent for
the premises."

Maximum penalty—20 penalty units.

-------


Of course, some smart alec Brisbane real estate agent might say that the ads in question do indeed comply, as they are asking for rents above a fixed amount.....I wonder if that has been tested in court. All depends what the soppy magistrate on the day interprets as "fixed".


See link for more....

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/R/ResidTenRAA08.pdf
 
In some cases you need to ask for offers over x or offers between x and x . I have a property that can be rented as a part or as a whole and I give tenants the option to take part or whole.
The property advertised may have an asking price from x because they would rent it to you for x AS IS or they will rent it to you for X with new this and that.
For there to be a law against this is just stupid
 
For there to be a law against this is just stupid


Unfortunately, when these laws are drafted, no-one actually gives two figs about what the Landlord or Owner of the property thinks.


The committees that draft and review the legislation before getting it enacted in parliament are chock full of Tenant representative bodies. If you're a Landlord, you're out on your own Jack.


I just checked the 1994 Qld RTA, and there is no mention of this clause in there.


The superceded version of the Qld RTA in 2008 slipped it in there. The chance to complain about it as a Landlord was back in 2007......you missed the boat chief by about 5 years !!!


Looking at the legislation, the 2008 is much tougher on Landlords than the 1994 version was. Heaps more penalties for Landlords, heaps more obligations on their part, and far less onerous conditions on the Tenants. The committee members representing the Tenant's side of the coin did extremely well. A job well done.


We had the same scenario here in WA. Our 1987 version of the RTA was tough on Landlords and easy on Tenants. The updated 2011 has swung the favour massively further towards the Tenants and further away from Landlords. It's gone from lopsided to plain outrageous. Surprisingly, new new version was swept on through both houses of Parliament with not a peep from anyone, both sides of politics firmly on the Tenants side.


The law was ugly before for Landlord's.....nowadays it's beyond a joke. The only one's still playing the woeful game are the Landlord's who don't bother to read the legislation that governs their properties....that's over 95% of Landlords I'd reckon.
 
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Unfortunately, when these laws are drafted, no-one actually gives two figs about what the Landlord or Owner of the property thinks.


The committees that draft and review the legislation before getting it enacted in parliament are chock full of Tenant representative bodies. If you're a Landlord, you're out on your own Jack.


I just checked the 1994 Qld RTA, and there is no mention of this clause in there.


The superceded version of the Qld RTA in 2008 slipped it in there. The chance to complain about it as a Landlord was back in 2007......you missed the boat chief by about 5 years !!!


Looking at the legislation, the 2008 is much tougher on Landlords than the 1994 version was. Heaps more penalties for Landlords, heaps more obligations on their part, and far less onerous conditions on the Tenants. The committee members representing the Tenant's side of the coin did extremely well. A job well done.


We had the same scenario here in WA. Our 1987 version of the RTA was tough on Landlords and easy on Tenants. The updated 2011 has swung the favour massively further towards the Tenants and further away from Landlords. It's gone from lopsided to plain outrageous. Surprisingly, new new version was swept on through both houses of Parliament with not a peep from anyone, both sides of politics firmly on the Tenants side.


The law was ugly before for Landlord's.....nowadays it's beyond a joke. The only one's still playing the woeful game are the Landlord's who don't bother to read the legislation that governs their properties....that's over 95% of Landlords I'd reckon.

A+ rant.

Too bad nothing in the NSW legislation specifies that this form of rent is actually illegal.
 
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