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QLD Rental Legislation Information

Discussion in 'Property Management' started by MyPropertyPro, 6th Mar, 2016.

  1. MyPropertyPro

    MyPropertyPro SE Qld Property Management & Investor Services Business Member

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    Hi all - Just putting it out there that I have previously worked for 8 years at the Residential Tenancies Authority (RTA) who are the governing body for rental legislation in QLD. I have acquired an advanced knowledge of the legislation and I know that some areas are quite "grey" and confusing at times! If anybody has any questions or requires clarification at all relating to the Residential Tenancies and Rooming Accommodation Act 2008 or Property Management, please feel free to ask me anything. I also have over 15 years Property Management experience in the Brisbane area so I have plenty of knowledge that I would love to share!
    Jodi
     
  2. wylie

    wylie Moderator Staff Member

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    Welcome Jodi. You will be most welcome here with that experience. :)
     
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  3. Azazel

    Azazel Well-Known Member

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    Hi Jodi, welcome aboard.
    I'm sure you would have some interesting tenant stories to tell...
     
  4. MyPropertyPro

    MyPropertyPro SE Qld Property Management & Investor Services Business Member

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    Hi Azazel! Yes I do. I was a dispute resolution mediator for the RTA so my job was to deal with tenancy disputes between tenants and landlords/agents QLD wide. Last count was that I had dealt with over 8000 disputes. I think I lost count after that but yes, certainly never a dull moment and many interesting, sad, funny, emotional and happy stories from tenants, landlords and agents, that is for sure!
     
    Last edited: 7th Mar, 2016
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  5. Paterson00

    Paterson00 Well-Known Member

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    Looking forward to hearing some of those.
     
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  6. wombat777

    wombat777 Well-Known Member Premium Member

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    Thanks @MyPropertyPro, what does the legislation say about privacy with respect to tenancy applications in QLD.

    I was quite surprised when renting my first QLD IP in April that the real estate agent would not provide me with any copies of payslips and other information to confirm potential financial suitability of the tenant. What does the legislation say about what information real estate agents can share with owners?

    The info I was provided was annoyingly inconsistent from one application to the next. At best a few sentences in an e-mail. Surely each application should be given equal treatment in terms of information provided? E.g. Copy of the application form, summary of income, employment info, rental history, copy of supporting documention.

    The agent seemed to be hiding info behind 'privacy legislation', but surely there are some rules of thumb or perhaps industry best practice around info that should ( and can legally ) be provided to owners.
     
  7. MyPropertyPro

    MyPropertyPro SE Qld Property Management & Investor Services Business Member

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    Hello, nice to hear from you and thank you for your question. Before I answer I will point out that my employment was with the Residential Tenancies Authority who are the governing body that administer the Residential and Rooming Accommodation Act 2008. This legislation does not cover the privacy laws relating to the application process, this is The Privacy Act 1988. However in saying that, given that I have been in the industry a long time I can certainly assist in answering your question to the best of my knowledge.

    Although it is not common practice in QLD for agents to give landlords copies of payslips, employment information, rental history etc - it is of my opinion that it is not a breach of privacy laws to do so, providing the tenants have signed the consent form which in terms of best practice, should be on all rental application forms. Most agencies have a consent form stating that something along the lines of "Yes we agree for our personal information to be passed on to the landlord and other third parties in terms of processing the application and entering a Tenancy Agreement etc" (please see a full example of the consent at the bottom of this post)

    The tenancy agreement is essentially between the lessor and the tenant with the agent acting on behalf of the lessor. Obviously processing applications in detail is part of the management fee and re-letting fee that you pay the agent for, however if you as a lessor wish to also confirm for yourself then yes I believe the agent has no legal reason not to pass that information on, providing the tenants signed the consent on the application form.

    The agent also legally has to work in the best interest of the client. Each office will have its own individual policies in relation to processing applications so there is no set procedure as to what information is passed on to you, in most cases, as you are aware, it is just a phone call from the agent to advise the details of the application and you would have the final decision.

    In summary, although it is not a common request to pass on the tenants information as such- given the agent is acting on your behalf and legally must act in your best interest , I do understand why you may want to view this yourself and I do not see a reason not to. Hope this helps somewhat. Here is an example of what the tenants should be signing when they are applying for a property. Again - this will differ from different agencies however this is a best practice template as such.

    I provide consent for the Agency as part of application processing to contact all necessary people (such as referees, other agents, tenancy databases) to verify the Application information provided and understand that all Federal Privacy Act requirements and the Australian Privacy Principles will be adhered to by the Agency.

    I consent to my personal information being passed on during the tenancy (should it commence) and after the tenancy if required to other third parties which include however are not limited to tradespeople/contractors, salespeople, insurance companies, bodies corporate, tenancy databases and other relevant parties in full compliance with the Federal Privacy Act and any other relevant information. The Lessor of the property will be provided all relevant information as the tenancy agreement is between the lessor and the tenant; the agency manages the property on behalf of the lessor. The agreement should it commence is a contract between the lessor and the tenant; personal information will be passed onto the lessor as the owner of the property.

    I understand that if the application is not accepted, the application form and all information collected shall be disposed of within 4 weeks in accordance with the Privacy Act guidelines. I have an opportunity to collect my personal information prior to the information being destroyed by written request to the Agency. To review our agency privacy policy, please contact our office to request a copy.
    I provide consent for the Agency as part of application processing to contact all necessary people (such as referees, other agents, tenancy databases) to verify the Application information provided and understand that all Federal Privacy Act requirements and the Australian Privacy Principles will be adhered to by the Agency.

    I consent to my personal information being passed on during the tenancy (should it commence) and after the tenancy if required to other third parties which include however are not limited to tradespeople/contractors, salespeople, insurance companies, bodies corporate, tenancy databases and other relevant parties in full compliance with the Federal Privacy Act and any other relevant information. The Lessor of the property will be provided all relevant information as the tenancy agreement is between the lessor and the tenant; the agency manages the property on behalf of the lessor. The agreement should it commence is a contract between the lessor and the tenant; personal information will be passed onto the lessor as the owner of the property.

    I understand that if the application is not accepted, the application form and all information collected shall be disposed of within 4 weeks in accordance with the Privacy Act guidelines. I have an opportunity to collect my personal information prior to the information being destroyed by written request to the Agency. To review our agency privacy policy, please contact our office to request a copy.
     
  8. wombat777

    wombat777 Well-Known Member Premium Member

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    Wow - thanks for the detailed reply. I'll talk in more detail with the agent about this when it next comes to finding a tenant. The lease has only just been renewed for the existing tenant, so that will be a while off.
     
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