Agent refuse to show the tenant NCAT form & financial details to owner?

Discussion in 'Legal Issues' started by [d4rk-fr3d], 5th Jul, 2020.

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  1. [d4rk-fr3d]

    [d4rk-fr3d] Well-Known Member

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    Hi People,

    Situation:
    Tenant: Don't want to pay rental and refusing to leave due to COVID-19 protection from the Federal government, until September 2020 while the rental agreement is up until January 2021.

    Agent: Can only say the tenant situation is protected by the NSW NCAT, hence we as the owner can only get 2 weeks of the last weekly rental payment from the bond.

    Land Lord Insurance: This is not part of the policy, hence not claimable.

    Accountant: Land Tax discount is available for FY 2019/2020.​

    I wonder if my current real estate agent is colluding with my tenant since they are refusing to show the tenant financial income statements and the NCAT COVID rental relief documents Residential tenancy changes due to COVID-19

    Because I believe we as the owner of the rental property have the right to look into the tenant bank account details and the financial information like mentioned in the https://www.ncat.nsw.gov.au/Documents/ccd_form_tenancy_financial_statement_covid19.docx document before discounting or allowing the tenant to live rent-free until end of September 2020.

    What are my options to get this sorted legally?

    Thank you in advance.
     
  2. Perp

    Perp Well-Known Member

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    Of course you do. The agent is only allowed to see it because they're your agent. But you're the primary party to the contract; the agent can't see information then claim that you're not entitled to see it.
     
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  3. Ted Varrick

    Ted Varrick Well-Known Member

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    Go see a lawyer.
     
  4. Mat

    Mat Well-Known Member

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    No, and yes. You aren't specifically entitled to look into their bank accounts at all, so drop that out of your mind. But you are entitled, nay, required to be able to see any documentation that has been provided to make the decision. The contract (tenancy agreement) is between you and the tenant, not the tenant and the agency. The agency, absent you explicitly authorising them, has no authority to bind you to an amended tenancy including reducing rent.

    The COVID-19 regulations, in addition, also require "the landlord" and "the tenant" to engage in good-faith negotiations - noting that they refer to "the landlord" (that's you) not "the landlord's agent". You can negotiate through an agent, but an agreement can't be reached without you - and how can you negotiate in good faith when you don't have all the information ‍:rolleyes:
     
  5. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    I believe the NCAT form is intended for the tribunal to use as a standard manner to gather information to assist it to make decisions for matters that have been listed being heard. Its not for REA use. A tribunal could take a dim view of an agent suggesting it is lawfully required.
     
  6. Mat

    Mat Well-Known Member

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    The postamble on the document requires the person filling it in to attest that the document and all attachments have been provided to the other party, which suggests that if they're going to NCAT and they fill in that form, the lessor must receive a copy.

    That said, that's only for going to NCAT. The regulation doesn't actually stipulate that the tenant has to prove to their lessor that they're COVID impacted, just that the lessor can't boot them if they are. It's possible, reading these regs, that OP's tenant has not actually supplied any evidence at all, because they don't have to. And to make it worse, the regulation only requires the lessor to enter into good faith rent reduction negotiations, not the tenant.

    Unlike QLD though, it appears NCAT's sole remedy is a termination order (after which the lessor is prohibited from listing on TICA etc), whereas QCAT can order a rent reduction as well.
     
    Last edited: 6th Jul, 2020
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  7. [d4rk-fr3d]

    [d4rk-fr3d] Well-Known Member

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    Yes, that's my situation.
    I guess there is no other way than accepting & trusting the agent that they act on behalf of me as the Landlord.
    In the end, I also cannot claim the Land Lord insurance, since it is already written that the tenant request for leaving the property to search for cheaper rental property 2 months before the rental contract expired and I have said I agreed for them to leave in writing. :(
     
  8. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    The agent doesn't understand the laws of agency
     
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