PM/REA Rorts

In line with Scott Morrison's increased levy on banks for better regulation of banks, a better idea would be an increased license fees for the PMs to fund publicly available database.

 

Doesn't really need to be a database . You say its to list agents who have done wrong, but agents who have done wrong are no longer agents. The licensing board is essentially the database.

 

In the same order as your points :
- Blatantly incorrect. There's 100 checks we do and database is just 1 of them. It's not an automatic decision maker.
- Proof is always on the applicant. Same as when you apply for a loan, it's you who shows the bank you can afford it, not the other way around. If you want something, show your case.
- It takes an approval process to get them listed in the first place and only if certain criteria apply and even then only lasts for 3 years. Tribunals can amend / remove listings and provide fines for wrongful use.

Additional points of note is that prospective tenants can inquire with any PM to see if they're on a database (often with no cost) and then take the steps needed to get removed (repay debt owed or seek tribunal removal or whatever the case may be).

 

Please read the context. The remarks are about blacklisting and not on the tenancy application.
Can you please provide the details of the approval process for blacklisting.
Is the approval by a tribunal or a court ?

 

That doesn't even make sense. On a tenancy application is the only time you'd refer to a blacklist.

Further details here: Tenancy Tip Thursday - Tenant Databases . Kind amusing that you have such a strong opinion on things you don't know much about. Similarly on a property forum without much interest in property.

 

The link confirms what I had posted earlier. Blacklisting process does not grant presumption of innocence to the tenant, but rather depends on PMs appraisal. There is no involvement of a judicial body in the blacklisting process, unless the tenant knows about it and chooses to initiate legal action.

Presumptuous and Ad hominem post, does not add to discussion.

 

Applicant, just like the loan analogy i provided in the previous post.

Tenant does know about it because they have to approve the listing. They can also ask any PM to check for them, even if not part of an application.

 

Hey Guys,
Have just noticed that on 3 of the last 4 Statements from my PM (monthly) for an Ip unit I have paid the Strata fees apparently, no actual invoice attached, have gone through other statements and I'm not behind at all, will obviously be ringing them tomorrow but would like to know if anyone else has experienced this?
Please note Strata fees are paid quarterly.
Thanks, Tony

 

Not necessarily an issue - I always attach bills to my statements that go out, but not all PMs do.
Maybe they've already paid it, but still good to have the invoices for your tax return etc.

 

Agree. Not necessarily an issue. Not sure where your property is, or requirements in that state, but in NSW levies are due when they are due. The most robust process from a PM would be to schedule the levy payments when the AGM minutes are received, because 'not receiving a levy reminder' is no excuse for late payment - and relief of associated interest.

 

RESIDENTIAL TENANCIES ACT 2010 - SECT 211 Notice of database and listing
The tenant knows about the listing only after the new landlord/agent finds the tenant listed in the database i.e. when the tenant is looking for a house without knowing that he/she has been blacklisted. The tenant usually does not know about the listing at the time the blacklisting is done.

The tenant does not have to approve the listing, the landlord/PM is only obliged (s213)to notify the tenant for 14 days prior to blacklisting and consider any submissions from the tenant. Notification is different from approval.
RESIDENTIAL TENANCIES ACT 2010 - SECT 213 Further restriction on listing
Under s213(2) ibid, the landlord/PM is exempted from even notifying if the forwarding address is not known. There is enough evidence from homelessness agencies and law agencies to support that the landlords/PMs do not inform the tenants or use flimsy (cleaning, mowing) excuses for blacklisting
http://www.qpilch.org.au/_dbase_upl/Parity_Article_June_2015.pdf
http://www.lawreform.vic.gov.au/sites/default/files/ResidentialTenancyDatabases_FinalReport.pdf

It is a biased system wherein the tenant is listed with a minimal notice on an assessment by the landlord/PM, but getting off the list requires landlord's approval or tribunal hearing. The penalty for non-compliance by the landlord/PM is only 20 units (NSW), and that too if the tenant has the knowledge, ability and the will to challenge the misdemeanor.

Note: The legislative instruments quoted are for NSW. Inter state variations might exist.