Landlord and tenant names on lease agreement

Most IP owners would purchase IPs in their personal names. A situation occurred to a friend recently where the tenant found out where they live (unusual surname) and harassed them by phone due to wanted improvements not being approved.

I can understand that the original agreement is a legal document, however reviewing my lease agreements, I can see the tenant's details, and I assume they can see mine.

Interested in PMs'/legal eagles' comments as there is a level of privacy needed, especially should disputes arise. Would the agent not have a role to protect each of the parties (LL and tenant).

 

The LL can talk to the police about the tenant being charged with harassment though that may be difficult to prove unless the calls are recorded. An answering machine is a cheap way to screen calls. I expect the LL will look to get the tenant out of the property ASAP legally too. I wonder whether harassment is grounds to end a lease early?

 

Thanks, yes, I understand it took them by surprise. IT reminds me of the need to have a PM on the ball, up to date LL insurance, and a tenant in a current lease.

There are some things that you can't foresee and it's about how to best manage it within the current constraints.

 

Section 48 of the act here says we have to put name and address of owner. We put email instead of address, less risky in terms of issues.

Other states would have similar requirements plus or minus each states individuality

 

Good to understand that the practice is backed by legislation (as you would expect) - and is needed to make it a legally binding document.

My question is whether there is a requirement to make this information available to each party. If a lease is managed by an agency, then I thought they would be the independent party between the LL and tenant and they hold the original copy with amended copies made available to the LL and tenant.

 

Depends what information you mean. Generally a LL would need to disclose their full names but perhaps not their address if managed by an agent.

 

Yes, I'm meaning any details that could identify either party. I thought the only person a LL would need to disclose their personal info to was the agent, not the tenant.

 

How would I tenant know who they were entering into a contract with then?

 

They could see it at signing, but not in the take-away version. The agent would hold the complete agreement, the LL and tenant modified versions. If there were any issues with the tenant, I would advise the agent to follow up and wouldn't care if it was Joe Bloggs or Mary Smith (as long as it was who the agent said applied for the property - had that happen too, but that's a different matter...).

 

Yeah well it wouldn't be allowed in WA and I suspect most other states either. Probably a big reason why is so the tenant knows who to take to court/tribunal if they need to.

 

Ok, I just thought the agent is always intended as an independent party with obligations to both parties. Like all things, it works well for 98% but there are outliers who make it difficult.

 

I doubt this would be legal. Surely everyone is entitled to a complete copy of a document they have signed.

The contract to rent is between the owner and the tenant. The PM is the intermediary. Holiday rentals probably different, I don’t remember ever signing a lease.

A bit like when you employ a mortgage broker to arrange a loan. The contract is between you and the bank.

If the phone calls your friend receives are genuine harrassment, intimidating, threatening or frequent, then action can be taken through police or telecommunication channels.
Marg

 

Actually, the correct characterisation of the agent's role is that he/she is someone who 100% works for you. I don't think the agent has any obligations to the tenant at all - only what you direct them to do.

 

Thanks for this clarification about the role of the PM. Understand, just a little difficult if the other party is certain they are going to contact the LL no matter what. All good.