Tenants knowing your home address

[MrPeanuts]

Hi everyone,

How many of you attempt to hide where you live from your tenants?

My agent said she can write the agency address instead of my home address in the tenancy agreement and the bond document.

Is this legal?

If my tenants know where I live, I don't want a surprise visit! Especially If I live close to the IP!

Thanks

 

[alexlee]

Every tenancy agreement I've seen shows the agent signing on my behalf, with the agent's address on nit.

 

[MrPeanuts]

My agent emailed me this:

"Due to new legislation coming into effect as of the 1st of January, 2014 it is a legal requirement that all documentation to tenants ie bond form and tenancy agreement must contain the owners address."

How (where) do I check if this is true?

 

[pinkboy]

Can you put a PO Box or a work address instead?

pinkboy

 

[brahms]

PO Box...easy.

 

[thatbum]

My agent emailed me this:

"Due to new legislation coming into effect as of the 1st of January, 2014 it is a legal requirement that all documentation to tenants ie bond form and tenancy agreement must contain the owners address."

How (where) do I check if this is true?

Maybe by reading the legislation...?

http://www.austlii.edu.au/au/legis/sa/consol_act/rta1995207/s48.html

It appears to be true based off that section. The wording also suggests a PO Box might not be enough.

 

[MrPeanuts]

thatbum, thanks for the link.

I will check out the PO box, hopefully it's a solution.

 

[thatbum]

thatbum, thanks for the link.

I will check out the PO box, hopefully it's a solution.

No worries, but how do you intend to find out whether its a solution?

The only reliable way would be to get legal advice, and even then the answer might be a "maybe".

 

[neeko]

What do i say to my agent then when i need to have a PMB address then cause in a remote indigenous community then? No street names out here....

 

[Peterw]

Wow, that is pretty frightening. Interesting, that a Company only has to give their registered office, which is usually their accountants address, however you cannot list their agent. That does not make sense. Bureaucrats and politicians, don't ya just love em.

 

[fokas]

Pfft. Our first property manager (they were pretty useless and now we're onto our 2nd) forwarded a water bill with the landlord's address on it to us as tenants and we don't go around knocking and sending him junk mail. Don't stress. If you've got "normal" tenants which are vetted, and your property manager does their job so you can keep on top of things, I doubt it will cause any trouble.

 

[thatbum]

Wow, that is pretty frightening. Interesting, that a Company only has to give their registered office, which is usually their accountants address, however you cannot list their agent. That does not make sense. Bureaucrats and politicians, don't ya just love em.

...frightening? Seriously? By the time you have a tenant, you not only know where they live, but probably have seen their pay slips, bank statements, kid's details etc. It hardly even brings it up to an even playing field.

Anyway, its probably more to do with the fact that those details are required to commence and serve documents for court/tribunal proceedings in the case of a dispute.

 

[mikezen]

One of My
Tenants got hold of my ph number off the lease and rang me at midnight, when the roof started leaking, he was fairly distraught, I tried to explain to him that I was over 1000 miles away and that I was powerless to plug up his leaks but he didn't care, he just kept yelling, the waters rushing in! The waters rushing in! Poor fella

 

[Joe D]

Hi everyone,

How many of you attempt to hide where you live from your tenants?

My agent said she can write the agency address instead of my home address in the tenancy agreement and the bond document.

Is this legal?

If my tenants know where I live, I don't want a surprise visit! Especially If I live close to the IP!

Thanks

In WA (which I suspect is similar to SA) you must quote a physical address not an PO Box. However, if you self manage and wish to maintain some anonomity (sp?) you can use an 'Agent's address' such as your Accountant, Lawyer etc rather than you own physical home address providing they are okay with it.

 

[thatbum]

In WA (which I suspect is similar to SA) you must quote a physical address not an PO Box. However, if you self manage and wish to maintain some anonomity (sp?) you can use an 'Agent's address' such as your Accountant, Lawyer etc rather than you own physical home address providing they are okay with it.

WA legislation is substantially different from SA on the issue.

http://www.austlii.edu.au/au/legis/wa/consol_act/rta1987207/s51.html

Also, you can't actually use an agent's address unless they are a licensed property manager and managing that property.

 

[L and P]

I try to keep our address private. Just for ... Privacy !

I was pretty annoyed though when during a conversation with the tenant about the property for sale next door he happened to mention he'd looked our house ( that he rents from us ) up on RP data. He made a comment about the price we paid etc.
I was so annoyed and no I didn't say anything because at the time I was just so shocked.
I'm annoyed because he knows how many property's we have and what we paid. Even our family don't know this information. We keep things private for very good reasons.

 

[handyandy]

Even our family don't know this information.

They would if they had access to RP Data

 

[Joe D]

Also, you can't actually use an agent's address unless they are a licensed property manager and managing that property.

Not according to Consumer Protection with which I checked when the new WA RTA came out in July 2013. They confirmed that PO Box which I previously used was no longer allowable, but 'Agent' could include PM, Accountant, Lawyer etc (somewhere where papers could be served) was acceptable.

In the end it was all too hard, so I now use my home address in my leases as I self manage and my address is pretty easy to find anyway.

However, as thatbum pointed out, as someone who self manages I have a lot more info on my tenants than they will ever have on me..............

 

[Scott No Mates]

My agent emailed me this:

"Due to new legislation coming into effect as of the 1st of January, 2014 it is a legal requirement that all documentation to tenants ie bond form and tenancy agreement must contain the owners address."

How (where) do I check if this is true?

From the act:

"landlord" means?

(a) the person who grants the right of occupancy under a residential tenancy agreement; or

(b) a successor in title to the tenanted premises whose title is subject to the tenant's interest,

then from the Land Agent's Act:

LAND AGENTS ACT 1994 - SECT 4

4 Meaning of agent

(1) A person is an agent for the purposes of this Act if the person carries on a business that consists of or involves?

(a) selling or purchasing or otherwise dealing with land or businesses on behalf of others, or conducting negotiations for that purpose;


When you read the legislation, the person who grants the occupancy may well be the landlord but as you pass your responsibilities to the agent, then quite rightly it is the Agent who grants the rights of occupancy under an RTA.

There should be no reason as to why the agent (provided they have a licence/work for a licensed company) cannot put the agency address on a lease.

If in doubt, check with the REI in your state.

 

[The Fence]

Those who want to hide address might have something to hide maybe...?

If you are doing the right thing, playing by the rules, what is the problem with a tenant knowing where you live?

We self manage and have absolutely no problem with them knowing our address. Like someone said, we know more about them and respect their privacy by not revealling it to anyone else.

I'd rather the phone call in the middle of the night than much later when it's all too late to remedy a problem. And we've had them too, but palmed off to the service tradie who signed up for "emergency" jobs.