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Credit Reporting, tenant data base experiences

Discussion in 'Property Management' started by SeafordSunshine, 11th Jul, 2015.

  1. SeafordSunshine

    SeafordSunshine Well-Known Member

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    Sydney
    Hello,
    the exiting tenants created a few thousand dollars of damage, not including the bond, (I was awarded this) It is proving difficult to get competent tradespeople to conduct repairs and subsequent bills are spiralling.
    They lied, (claimed no dogs, ate the woodwork!) damaged the roof, rent paid late etc etc.
    I would like to report the them.
    Is it worth it?
    Any thoughts
     
  2. DaveM

    DaveM Adelaide Buyers Agent & KFC Strategist Business Member

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    Was it self or agent managed? Agent can list on TICA/NTD etc if they meet the criteria.

    You cannot list them on a credit reporting database since there was no commercial credit arrangement, rent is paid in advance under the terms of the agreement.
     
  3. SeafordSunshine

    SeafordSunshine Well-Known Member

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    Thanks for your reply, Dave M,
    It was agent managed, they are no longer managing it, but that is for another day.. It would be for damage to a premises.
     
  4. WestOz

    WestOz Well-Known Member

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    Hi Dave, perhaps I'm misunderstanding, did a quick google but...
    I understand there has to be something in place to prevent someone with a grudge against another from making false claims etc however are you saying only licensed agents that meet "certain criteria" can report/list a bad tenant?
    Therefore a self managed operator couldn't report/list them, therefore purchasing a NTD is likely a waste of time as it won't be accurate anyway, especially if their previous occupancies have been private disasters for self managed landlords?
     
  5. thatbum

    thatbum Well-Known Member

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    There's nothing stopping a self manager to list on one of the tenancy databases - except the fact that they probably don't have a subscription for the database. That's why generally its for agencies to handle.

    Otherwise the only other thing to keep in mind are the laws around listing on tenancy databases, depending on what state you are in.
     
  6. WestOz

    WestOz Well-Known Member

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    Thanks Dave, being a risky sector one thing I've been considering for future is what major corps do when making final decisions on employee applications, whilst not fail safe, something like this;

    Please Note:
    Condition of final acceptance for tenancy will require recent stamped copies of;
    A: National Tenancy Data base certificate, and
    B: National Police Check
    Both no older than 3 months, costs reimbursed on submission of receipts if application successful.

    If they know they have a poor history they wont bother, I wont want them.
     
  7. HUGH72

    HUGH72 Well-Known Member

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    Is it worth it? Absolutely IMO, Don't let them get away with this and create problems for another unsuspecting LL.
    If they find it difficult renting through another agency it might change their future behaviour.
     
  8. rhinsor

    rhinsor Well-Known Member

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    I wouldn't apply for a rental if I had to provide this even though I have one. You know long they can take to obtain?
     
  9. SeafordSunshine

    SeafordSunshine Well-Known Member

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    It appears one of my former tenants is presently working for a National chain of Real Estate agents!
    Unbelievable!,
    Is there any one here who has a subscription? Can I use it?
    I asked the former managing agent if they would report them ,and the said, oh you will wreck their lives.....
    cheers
     
  10. Elslan

    Elslan Member

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    There's certain laws when listing defaults on tenancy databases
    Only fact and tribunal orders can be listed.
    You must also notify the tenant in writing of the intent to list them of which they can dispute.

    landlord/agent can only list information about a person in a tenant database if:

    • the person was a tenant under a residential tenancy agreement that has terminated (or they were a co-tenant whose tenancy has terminated), and
    • they breached the tenancy agreement, and because of the breach:
      • they owe an amount more than the bond for the tenancy agreement or
      • the NSW Civil and Administrative Tribunal (NCAT) has made a termination order, and
    • the information identifies the nature of the breach and is accurate, complete and unambiguous.
    Before making a listing
    Before the landlord/agent can list information about a tenant, they must:

    • give the tenant a copy of the information they want to list on the database (or otherwise take steps to disclose it to the tenant)
    • give the tenant at least 14 days to review the information and respond
    • consider any response by the tenant.
    If the landlord/agent fails to do this, they face a fine of up to $2,200.

    In their response the tenant can:

    • object to the entry of the information in the database, or
    • object that the information is inaccurate, incomplete or ambiguous.
     
  11. SeafordSunshine

    SeafordSunshine Well-Known Member

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    Thank you Elslan , for the detailed information and thoughts,

    I appreciate PropertyChats' wealth of knowledge, and I think that of I am thinking this way, so are other people.
    OK, so I have reported the damage to the police, who have ' registered ' it as malicious damage with an incident number. I reported it because I thought the LL insurance would need the incident number. Next I should contact the former tenant who is working an estate agency. Perhaps I should put it in writing to them? So give them the option of making reparations, with a further '14 days grace' to pay me back?
    Something else I just thought of. Were I to make a claim to my insurers, would that negate the claim? All this is good to know!
    cheers
    p.s.the property is is NSW