NSW No evictions in Sydney

Discussion in 'Property Management' started by SarahSydney, 4th Apr, 2020.

Join Australia's most dynamic and respected property investment community
Tags:
  1. adprom

    adprom Well-Known Member

    Joined:
    3rd Apr, 2020
    Posts:
    170
    Location:
    Melbourne
    Show me where you have any right to see a tenant's personal financial records? It is of no consequence to a LL. A LL/PM is not allowed to give financial advice in any case so it would be pointless.

    Tenants by definition do have a right to request a rent reduction. Just as the LL has the right to say no to it. Then the tenant has the right to go and find a cheaper property in the current market and the property becomes vacant.
     
    SarahSydney and MB18 like this.
  2. Tony3008

    Tony3008 Well-Known Member

    Joined:
    20th Jun, 2015
    Posts:
    976
    Location:
    Docklands, Victoria
    It's not complete distrust. It's - speaking for myself - a belief that if you're asking for a rent reduction on the grounds of hardship you should be able to prove this, including showing that you've applied for whatever assistance is going. Sadly there are people who try and take advantage.
    As to tenants moving on, yes it would disadvantage the landlord in the current market, but I would allow a tenant who is in financial difficulty to break a tenancy on 14 days notice subject to them being up to date with rent. I don't think it fair to keep people in a place they can no longer - through no fault of their own - afford.
     
  3. adprom

    adprom Well-Known Member

    Joined:
    3rd Apr, 2020
    Posts:
    170
    Location:
    Melbourne
    Once again, there is no need to prove this. The landlord/pm can approve or deny. Of course the risk in denying is that the tenant goes somewhere cheaper and the LL gets no rent for a significant period of time.

    I see this happening a fair bit in the coming months.

    Merely asking for a tenant to show that they have applied for various types of assistance can be a breach of privacy. Let's say the tenant has medical conditions, this can severely impact how their government support could vary and the LL has no right to this information.
     
    SarahSydney likes this.
  4. thatbum

    thatbum Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    5,850
    Location:
    Perth, WA
    Wrong logic. You need to show me where its prohibited. Otherwise its fair game.
     
    skater likes this.
  5. MB18

    MB18 Well-Known Member

    Joined:
    25th Sep, 2018
    Posts:
    1,408
    Location:
    NT

    Or as a Tennant I might ask you to show me where that is required. Same difference, you dont need to know if I dont want to tell you.

    My own rent exceeds any goverment assistance. I am also out of paid work, but I can carry myself for a long time regardless.
    I am also able to (but haven't) claim hardship as I show my stand down letter, I can assure you my landlord will not be asking for me to access super, or view investment holdings.
     
    SarahSydney and adprom like this.
  6. adprom

    adprom Well-Known Member

    Joined:
    3rd Apr, 2020
    Posts:
    170
    Location:
    Melbourne
    Actually no, law doesn't work that way. You need to show where you have a right to receive it. You can ask for it sure - any reasonable tenant should simply refuse that request.

    You do not have automatic rights to see any personal documentation.

    In fact the default is no.
     
    SarahSydney likes this.
  7. # 1

    # 1 Well-Known Member

    Joined:
    6th May, 2019
    Posts:
    267
    Location:
    International
    Any honest and reasonable tenant who is not trying to scam cheaper rent would gladly show proof if their hours had been cut or they've been made unemployed. If a tenant refused to show me evidence of this while asking for cheaper rent then I would assume he's trying it on. Unfortunately there are dishonest people out there who will try and take advantage of this situation
     
    punti likes this.
  8. thatbum

    thatbum Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    5,850
    Location:
    Perth, WA
    Did you even read and understand what I said earlier? I don't think you did.

    You also seem inconsistent with the things you are suggesting - are you saying there's a blanket prohibition on asking for tenant financials? Or that they just don't have to give them over?
     
    punti likes this.
  9. thatbum

    thatbum Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    5,850
    Location:
    Perth, WA
    ...is that honestly your opening move in rent negotiations though? Because that's what I'm talking about.

    What are you talking about?
     
    punti likes this.
  10. adprom

    adprom Well-Known Member

    Joined:
    3rd Apr, 2020
    Posts:
    170
    Location:
    Melbourne
    1. You definitely have no right to receive the private data
    2. You can ask for certain financials when a tenant is applying for a rental (but usually this is limited to payslips etc).
    3. Asking for proof of government support etc is where I disagree... This is where some have crossed into the super territory and it skirts very close to financial advice. Personally if I was a PM/LL - I'd be staying well away from that can of worms and the fines that applies.

    Most landlords in my experience would try a yearly arbitrary rent increase every 12 months. This is simply the reverse of that situation. If I felt the rent was above the market for a given situation, I would absolutely be requesting a rent decrease.
     
    SarahSydney likes this.
  11. MB18

    MB18 Well-Known Member

    Joined:
    25th Sep, 2018
    Posts:
    1,408
    Location:
    NT
    You can ask to see whatever you want, but if it's not required I consider it a privacy matter.
    I've extended the curteousy of explaining my situation, if your not satisfied that's not my concern... and in the current environment that does not weaken my position.
     
    SarahSydney likes this.
  12. marmot

    marmot Well-Known Member

    Joined:
    23rd Jan, 2018
    Posts:
    1,215
    Location:
    N.S.W , W.A
    So if a landlord decides to raise the rent can a tennent then ask the landlord to provide proof that his costs have actually increased, in a similiar way that Coles and woolworths refuse to allow companies to increase prices unless the costs of ingredients have actually increases.
     
    SarahSydney likes this.
  13. # 1

    # 1 Well-Known Member

    Joined:
    6th May, 2019
    Posts:
    267
    Location:
    International
    Whoopy doo who cares if it's a privacy matter when we're taking about a roof over your head! Get real, any reasonable tenant would gladly show proof
     
    The Grinch, punti and skater like this.
  14. # 1

    # 1 Well-Known Member

    Joined:
    6th May, 2019
    Posts:
    267
    Location:
    International
    Raising rent is about demand and supply. Simple.
     
    skater and Coffee like this.
  15. MB18

    MB18 Well-Known Member

    Joined:
    25th Sep, 2018
    Posts:
    1,408
    Location:
    NT
    They can 'ask' (and I have successfully), but they are not 'required to' and can raise the rent regardless.
     
  16. adprom

    adprom Well-Known Member

    Joined:
    3rd Apr, 2020
    Posts:
    170
    Location:
    Melbourne
    So you trivilise peoples' right to privacy because you think you have the ability to provide something someone needs so basic laws and ethics don't apply?

    This is the exact mentality that MB18 and I are talking about that needs to be called out as unacceptable.
     
    SarahSydney likes this.
  17. MB18

    MB18 Well-Known Member

    Joined:
    25th Sep, 2018
    Posts:
    1,408
    Location:
    NT
    Any reasonable tennant would be left with the impression the LL thought they were trying it on and probably take offence. I know I would have a roof over my head regardless because as tennant (by choice vs necessity) I know how it works.

    There are tenants who will try it on, and landlords who will try it on. That's the pool we swim in. I'm not advocating the exploitation of one or the other, but recognize that there are boundaries.
     
    Last edited: 4th Apr, 2020
  18. thatbum

    thatbum Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    5,850
    Location:
    Perth, WA
    So you're talking about something else yet again. It just seems to be you're saying whatever you want with no concern for consistency or accuracy.

    Can you actually condense down what you're advocating for or suggesting in a line or two?
     
  19. thatbum

    thatbum Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    5,850
    Location:
    Perth, WA
    I was talking about what was possible and the give and take of negotiations.

    You?

    There's no legal privacy matters relevant to the situation btw.
     
  20. Trainee

    Trainee Well-Known Member

    Joined:
    24th May, 2017
    Posts:
    10,346
    Location:
    Australia
    So, if the landlord refuses to lower rent, but cant evict, the unpaid rent is still a debt to be paid by the tenant. Subject to all the usual laws around debt collection, garnishing wages, etc.