Tenant Financial Hardship Application

What about all those that were actively encouraging their property managers to actively breach the corporations act with possible jail time and fines by trying to give financial advice when they were totally unqualified.

ASIC warns real estate agents against advising tenants to access super to pay rent

 

Welcome to the forum belatedly and hopefully we can learn something from your insight and management of operations outside of the rental market in the Australian 'hibernating' economy.

 

There is a fine line between advice giver and information provider. Most people who have no legal training cannot see the fine line.

 

@Tyler Durden and others, appreciate your insight and feedback, have taken onboard and getting closer to something I'm feeling happy with re: dealing with my own Tenants and protecting my Client's interests - will continue to improve on as time progresses and things change..

 

I was browsing the website of the trade union i belong to earlier today. They post

" If you are unable to pay your rent because of the coronavirus, we suggest writing to your landlord to request an extension or ask if they have hardship arrangements they can offer. If you need assistance, we have provided a model of this landlord letter here."

 

I wonder how they are going to measure this?

5 years ago The tenants in my rental grew to around 8 tenants. The wear and tear was increasing so I eventually increased rent to $500/wk. I’m currently receiving $485/wk for 8 tenants and the repairs and maintenance has been very noticeable (plus some negligence repairs). Looking at comparable rentals of vacant properties, it’s at least $500/wk. IMO I’ve already discounted the rent.

 

I disagree with that slightly , many people know the rules when it suits then .
Most people know their our own rights ,they just struggle when its other peoples rights.

 

I just had a question asked to me by an investor

question: yes the mortarium/equivalent hasnt started,
but will it be a blanket no evictions for 6 months for all resi tenants regardless of hardship or not?
ive seen a few tenancy hardship application forms, they seem quite good but is this just for landlords and PMs to verify that the tenant isnt telling porkies,
ie whatever they write on the application, they cant be evicted, and the PMs assessment is irrelevant?

 

Correct, it's a waste of time.

xCAT will determine hardship* if an eviction hearing is presented.

*Tribunal assesses the Lessor/Tenants circumstances on a case-by-case basis, (whoever is applying to have the tenancy terminated under hardship)

 

Only Tasmania has legislated so far from what I can tell. Their version of the moratorium is effectively that all rent arrears terminations are prohibited for the period of time - no demonstration of hardship required.

My educated guess is that the other states will be similar in that no 'proof' of hardship will be required. Otherwise it just creates more proceedings and issues in tribunal/court.

 

thats my feeling too,

I doubt the government is going to allow PM's to make a judgement call on whats hardship or not

a PM has told me theyre keeping an eye on tribunal member will do until the moratorium comes into place,
I get the feeling, no one will be evicted, moratorium or not, which is complete bs

 

A tribunal would if hearing applications consider the annoucements and the state govt enacted law applying as if it was to become law even if it was not. ie if it were to be heard Monday they would refuse the hearing or dismiss the matter. Accept that laws incl regulations will be made and will be upheld at that time. It will bind the tenant, landlord and the courts and govt agencies.

You are spot on that its not law now. Try pushing that excuse and see how far it runs.

Asking for proof is probably onerous. Seeking some evidence that may include a email, text message even or a Cnetrelink application may suffice for now. Centrelink are accepting jobseeker allication without proof of lost work, separation certs or income etc at this time. Centrelink dont ask much out many expenses. Landlords and PMs need to work with a fluid situation as a tribunal may later find the acts unreasonable and threatening.

I saw a news article this am about a PM who wrote suggesting non-australian tenants should go home or just leave the property as well as also demanding aussie tenants draw on their super. Lets see a copy of that in a tribunal later when the tenant is being chased for unpaid rent. The PM should be hauled before fair trading from case referral by the tribunal and be asked why they should keep their real estate license. And all arrears waived. Remember the PM is the landlords agent. Its like they both break laws.

 

what grinds me bigtime is the inconsistency, and hypocrisy that alot of these members rule, and dont forget how pro tenant they are

my PM is having a case (not mine) next monday for eviction for arrears, obviously this has started well before recent events, and if the eviction is declined, it is absolutely disgraceful,

its good that centrelink is being so lenient on the criteria, that gives landlords a better chance of not getting screwed over in these tough times

 

Correct - the forms are almost certainly a waste of space and no tenant would be compelled to complete one. It would be handing over data that the landlord would have no right to know.

If I was a tenant, there is no way I would complete a hardship form.

This is what I mean about the god complex some agents and landlords think they have (and in part why vic changed the rules last year). From an owners corporation perspective... the proactive landlords who care about tenants and neighbours are fantastic. The ones who take a purely investment viewpoint not valuing the conditions and community... are very difficult.

 

soooooo,

you sign a contract to pay $x per week, your landlord is relying on this to pay mortgage, you are "demanding" for a reduction, and when asked to justify your favour request, you refuse to co-operate!

wow! Entitlement Mentality 101

I might just demand my bank to forgo the remainder my loan and if asked why, I will refuse and tell them to go jump off a cliff, wish me luck

 

I don't think you get it... it is NOT up to you to decide the hardship application and you have absolutely no right to that data or the financial specifics of your tenants. You are not a bank. Your relationship and contract with the bank is an entirely different matter and is not relevant here. You can negotiate your own hardship terms with the bank.

What is entitled, is to think you get to play judge and jury of what hardship is and get to have a peak at your tenants personal data.

The tenants don't have to justify it to you.

If you don't agree with their hardship - then take them to xcat of your choice. However, it is not a free pass for you to force them to answer private financial questions. Quite frankly, how they deal with their financial situation, claim from centrelink etc is none of your business.

If you don't like it, go to VCAT. They can justify it there - but in the current environment, you'd be game to do that and I doubt the members would look kindly on landlords wasting their time.

Quite simply, there is no legal right to ask for tenants to complete that form and you may actually be breaking a number of laws in compelling tenants to do so.

 

so you think the landlord and/or PM have no right to determine hardship (which is a fair opinion) but yet you ask them for hardship considerations,

thats "having your cake and eating it" 101

 

You don't get it, it does not have to be justified to the landlord. You have no legal right to ask for that or whatever other actions they may have. Whatever your opinion is (or what you think is right), is irrelevant here.

If you don't believe the tenant, then the proper and just thing to do is make an application at VCAT. Not to intrude on your tenant's rights.

 

You trolling again Adprom?