What information should PMs be providing to Landlords?

Yep, perfectly ok with this bit.

 

Australia - I get an email with info like "A couple with 2 kids, works as a teacher". too little, but probably the agency has more and keeps it private.

UK - I get a large wad of documents, bank info, salary, references from employer and previous landlords, CVs, etc. too much.

Always have the names though.. can be interesting to look them up on facebook... Ive found pictures from inside my property, party pics, etc..

 

You are absolutely correct, however this process can be undertaken by ensuring information shared is relevant and on a need to know basis to make an informed decision - fabulous discussion gentleman..I do enjoy unpacking good practice principles

 

Names, occupations and salaries are fine as this is relevant information

 

Yes, the information can be framed through stating "X has commenced three lease agreements in the last twelve months demonstrating a pattern of frequent mobility across properties" - sharing the facts that are relevant

 

A need to know basis would apply if you are making the decisions and the landlord only needs to know some particulars.
Everyone thinks differently, so some information may be irrelevant from your perspective but to the landlord those may be relevant questions which in the end influence their decision.

Let's use a real world example. You have 2 separate couples applying for a property. 1 couple smokes and the other doesn't. Do you withhold the differentiating information?

Another scenario. You have 2 separate couples applying for a property. 1 couple has just been together for 1 year and the other for 10 years. Do you withhold this information?

You may disagree with this, but full disclose is in the landlords best interest. Providing information for the landlord to make an informed decision on a prospective tenant does not qualify as discrimination.

You may also think that some information is irrelevant but if the landlord is making the decision, they determine what is relevant.

 

Qld Anti-Discrimination Act - you cannot ask those questions

Discrimination on the basis of certain attributes prohibited The Act prohibits discrimination on the basis of the following attributes— (a) sex; (b) relationship status; (c) pregnancy; (d) parental status; (e) breastfeeding; (f) age; (g) race; (h) impairment; (i) religious belief or religious activity; (j) political belief or activity; (k) trade union activity; (l) lawful sexual activity; (m) gender identity; (n) sexuality; (o) family responsibilities; (p) association with, or relation to, a person identified on the basis of any of the above attributes.

Meaning of direct discrimination (1) Direct discrimination on the basis of an attribute happens if a person treats, or proposes to treat, a person with an attribute less favourably than another person without the attribute is or would be treated in circumstances that are the same or not materially different.

Request or encouragement of contravention A person must not request or encourage another person to contravene the Act. 123 Liability for contravention If— (a) a person requests or encourages another person to contravene the Act; and (b) the other person acts, or attempts to act, on the request or encouragement; both are jointly and severally civilly liable for the contravention, and a proceeding under the Act may be taken against either or both.

...do not move into this space by responding to discriminatory questions


How does anti-discrimination law affect accommodation?
The Anti-Discrimination Act makes discrimination, sexual harassment and vilification in accommodation against the law. The law applies across the sector, including:

• tenants
• lessors and property owners
• real estate and property agents
• hotel, motel and backpacker hostel operators
• providers of mobile homes (eg. caravans and caravan sites, tent sites, houseboats)
• suppliers of university accommodation (eg. halls of residence)
• emergency accommodation and housing services (eg. domestic violence refuges, homeless shelters)
• owners or operators of boarding houses and hostels
• business premises
• building and construction sites
• company housing (eg. mining communities)

The legislation is very broad and it can be widely applied to many aspects of accommodation. This means that any less favourable treatment of a person in connection with accommodation matters such as tenancy, property sales, eligibility criteria, references, maintenance arrangements, sub-letting, the imposition of conditions, eviction and the charging of rent, bonds and purchase prices may be against the law.

The Act also confers certain rights and responsibilities on all accommodation workers, agencies, tenants and other users of accommodation services and facilities.

What are my rights and responsibilities as an accommodation provider?
All staff have the right to work in an environment free from unlawful discrimination, sexual harassment and vilification. The legislation also establishes a legal responsibility to provide property and accommodation services and facilities without these types of behaviours.

Real estate and property agents have the right to select the most appropriate tenant or purchaser provided that the decision is not based on unlawful discrimination. Tenants, potential tenants and property buyers should be assessed on their individual merits rather than on the basis of bias or prejudice. Unfair assumptions about people because of their age, sex, race, parental status etc can result in unlawful discrimination. Real estate agents and property owners therefore have the right to select a tenant primarily on the basis of the tenant's ability to fulfil basic tenancy responsibilities such as paying the rent on time and maintaining the premises.

Real estate and property agents need to be aware that if they act on unlawful discriminatory instructions given by a property owner, eg. directions to refuse to rent a flat to gay men or lesbians, both the agent and the owner may be legally liable for such discrimination.

Real estate agents and property agents also have a responsibility to take reasonable steps to prevent or minimise unlawful discrimination, sexual harassment and vilification in the accommodation and property sales sector. The implementation of specific policies can help to minimise the scope and impact of discriminatory attitudes and practices in accommodation and to reduce legal liability.

As an employer, accommodation providers are entitled to formally counsel any employee who might be engaging in discriminatory conduct while at work.

Can references be asked for?
Yes. References can be requested provided all prospective tenants are asked for them and the request does not result in unfair indirect discrimination, eg. newly arrived migrants, young people and first-time tenants might have difficulty supplying accommodation references but could provide a personal reference instead.

What personal details can be asked for?

Asking for proof of a tenant's identity and ability to pay the rent and maintain the property is permitted by the legislation. However, real estate agents, property agents and other providers of accommodation services and facilities also have a legal responsibility to avoid asking for unnecessary discriminatory information in tenancy application forms and tenant interviews. Generally it will be against the law to ask questions on application forms and in interviews about a person's marital status, sex, age, number of children (if any), plans to have children, race or nationality, sexual preference health condition or medical history, religious or political beliefs. To avoid complaints of discrimination it is desirable to inform tenants why they have not been successful in their application for accommodation.

How much can be charged for bonds and rent? Charging higher bonds or rent because of discrimination is against the law. For example, tenants cannot be charged higher rent just because they have children, or be required to pay a larger bond because they are young. Unless there are adequate reasons for differentiation, such as higher rent for short-term holiday accommodation, it would be unlawful discrimination.

 

If a person smokes you can request for them to smoke outside. You may prefer the non smoker - that is a choice

I never stated that providing information to a landlord is discrimination - please re-read my posts

 

You are changing the context now. We never said we are interviewing the tenant and asking those questions. It is just about relaying all of the information that we have gathered to the landlord.

 

I have never asked a couple how long they have been together for in the past as it is not relevant to the application for a tenancy

 

I have shared some facts anyhow - information to be shared on a needs to know basis to make an informed decision; no questions that discriminate are appropriate...its the law

 

Of course, those were only examples. Either way this isn't about what the agent asks the tenant, but purely about the information that is relayed to the landlord.

 

Thanks.

All information provided by the tenant is relevant to me (or they wouldn't have provided it as part of the tenancy application in the first place, would they?) So common sense dictates that all information provided by the tenant has to be relevant somehow to the tenancy application. Otherwise it is all just nonsensical.

PMs who don't provide all information to me that they have about the tenant are not doing the job that I am paying them for, in my opinion. But maybe I have high standards and expectations.

Thank you all for your comments and I appreciate the differing views, but at the end of the day I will decide who I put in my property and I want a PM who does not hide information about a tenant and provides full and frank disclosure.

Cheers!

 

I think the gist of it, from all sides, is:
- understand privacy act
- understand anti discrimination and equal opportunity legislations
- only seek information from applicants in accordance with the above
- pass onto LL only what is relevant to make a decision (and this may vary)

 

Beautiful summary DT
Like other PMs we ensure relevant information is furnished to enable an owner make an informed decision
My PMS do this beautifully for me with my investment properties enabling me to make good decisions translating to having quality tenants in place

Thank you fellow Property Chatters for a great dialogue unpacking good practice principles...it is a wonderful experience sharing and learning journey and hearing diverse perspectives whilst sustaining respect for diverse viewpoints. Thank you