Do Landlords Have the Right to Know Who is Renting Their Property?

LRaybert on 22/05/2022 - 15:13

We have just rented out our first house through a real estate agent. When we were signing up with them, we were given the impression that we would see all the applications & be able to make the decision on who to rent to based on that. Applications started coming in & when we asked to see them, we were told by the agent that it was a privacy issue & we were not allowed to know who is renting our property.

I have tried to verify this online, but there is not a lot of info on landlords' rights in this regards. Has anyone had any similar experiences or does anyone know if this is the law? We're in NSW/

Home & Garden

Comments

  • Mechz on 22/05/2022 - 15:16
    +85

    I would have gone to find another agent to see what could be done.

    • CalmLemons on 24/05/2022 - 17:59
      +1

      Yep. REA sounds like an idiot or must be brand new.

      Do you invite total strangers into your house without knowing who they are? No.

      Every REA used to give me a literal biography of the tenant. The tenant by all means can refuse to give any information, and the landlord has the right to refuse the tenant. Pretty simple.

      EDIT: I take it back, after reading the rest of the thread I don't think the REA is being an idiot but rather acting in the best way given the nature of OP in order to just get business done and moving on.

  • Hybroid on 22/05/2022 - 15:18
    +43

    Landlords and agents can decide what information they ask tenants to support their application, but any information they request, and the way they assess a tenant’s application, must not break anti-discrimination laws.

    A landlord or agent can choose the most suitable applicant for the property but they are not allowed to unfairly discriminate.

    https://www.fairtrading.nsw.gov.au/housing-and-property/rent…

    Absolutely you should be able to.

      • Hybroid on 22/05/2022 - 15:22
        +47

        I quoted it for you.

        You need to find another agent.

          • Hybroid on 22/05/2022 - 15:38
            +37

            @Raybert: It's in the first line. YOU have the right to ask for whatever information you deem fit, provided you do not use certain info to discriminate against prospective tenants as outlined further down on the page.

            If the agent is not willing to be cooperative, find another agent. They work for you, not the other way around.

              • Hybroid on 22/05/2022 - 15:46
                +129

                @Raybert: I don't know how many times to repeat it…

                Landlords and agents can decide what information they ask tenants to support their application

                First word Landlords.

                Landlords
                can decide
                what information they ask tenants

                You are the Landlord.
                As the landlord, you can ask whatever you want.

                Agent works on your behalf for a fee/cut.
                You can ask any information you want.

                If agent doesn't give you the information you want, they're not working for you, find another agent.

                Imagine you didn't employ an agent and rented it out yourself through newspaper or gumtree or local shop ad or whatever. You would get that information.

                P.S. You can ask for any information. Refer above.

                • brendanm on 22/05/2022 - 15:53
                  +130

                  @Hybroid: You have the patience of a saint.

                  • Hybroid on 22/05/2022 - 16:19
                    +74

                    @Raybert:

                    My question is, Is there anything preventing the agent from telling us names for privacy reasons?

                    No! Because… YOU CAN ASK ANYTHING YOU WANT.

                    • SF3 on 22/05/2022 - 17:04
                      +61

                      @Hybroid: You can lead a horse OP to water an answer, but you can’t make it drink accept it.

                      The problem isn’t you @Hybroid, you done what you can.

                      Let OP be stuck in an infinite loop.

                      • brendanm on 22/05/2022 - 19:14
                        +27

                        @SF3: 10 PRINT "BUT DO I GET TO SEE TENANT INFO"
                        20 GOTO 10

                      • echelon6 on 24/05/2022 - 09:31
                        +6

                        @SF3: lmao op so dumb

                    • this is us on 22/05/2022 - 22:11
                      +11

                      @Hybroid: @Hybroid, you have infinite patience today… My brain was thinking "for God's sake!" three replies ago…

                    • Duckie2hh on 23/05/2022 - 16:36
                      +2

                      @Hybroid: You are getting trolled by OP

                  • brendanm on 22/05/2022 - 16:24
                    +7

                    @Raybert:

                    My question is, Is there anything preventing the agent from telling us names for privacy reasons?

                    How many times would you like him to repeat the same answer?

                  • SF3 on 22/05/2022 - 19:54
                    +2

                    @Raybert:

                    as long as it is reasonable.

                    It’s reasonable. /thread

                    Is there anything preventing the agent from telling us names for privacy reasons?

                    Maybe, You can’t handle the truth?

                  • S2 on 23/05/2022 - 09:59
                    +4

                    @Raybert: I negged this chain in the hype of reading and maybe that was too reactive.

                    Is there anything preventing the agent from telling us names for privacy reasons?

                    The law quoted by hybroid says no.
                    Considering the response you've received from your agent, perhaps they have a privacy policy at their business which prevents them from handing over all information to the landlord during the application process. For applicants, I think this is sensible since privacy is an increasingly important topic.
                    For the landlord, I would expect them to share some information for you to decided between applicants. There are differences between renting to a young family of 4, bachelor, retirees. The way they treat your investment will be very different.

                  • LFO on 23/05/2022 - 18:00

                    @Raybert:

                    Is there anything preventing the agent from telling us names for privacy reasons?

                    Potential tenants or those already leasing?

                  • doryappleseed on 24/05/2022 - 11:31

                    @Raybert: How many times do people need to tell you: what your agent told you is rubbish. YOU (the landlord) have the right to know basic, reasonable information about the tenant.

                • [Deactivated] on 23/05/2022 - 19:16
                  +2

                  @Hybroid: I disagree that this allows Landlords to ask for CERTAIN information that an Agent has collected. Specifically the Agent has refused to give the application forms over and it makes complete sense that they are not handed over - otherwise the Landlord can just go straight to the applicant and avoid paying the agent altogether assuming the application forms have all of the prospective tenant's contact details.

                  The Agent has probably in this case given OP as much information as possible without disclosing details that would allow the Landlord to contact these people directly.

                  So I'm with OP that the information you have found does not specify that if the Agent is collecting the information that the Landlord is entitled to all that is collected.

                  Separately - an Agent or a Landlord are entitled to ask whatever they like but not at the same time for the obvious reasons above.

    • TheMills on 22/05/2022 - 15:24
      +2

      This seems to be is a grey area as the competing applicants have no clue who won the rental and how strong the application was. The government has just made the law for name sake to paint a (false) picture of helping applicants again discrimination. Not even thing is Black and White in life, there are always shades of grey!! 🤔🤔

    • cookie2 on 22/05/2022 - 22:59

      Wow that's madness that you don't have freedom to decide yourself wtf .

    • thefud on 23/05/2022 - 20:59
      +1

      My take is OP has already asked the agent 20 times and he keeps saying that OP can see the information but OP compulsively asks over and over and the agent gave up and said no.

      • CalmLemons on 24/05/2022 - 18:02

        I'm thinking if the agent gave OP the full information the OP would keep on asking a multitude of questions. Agent probably kept it nice and simple as he has accessed OP and this is the best way to handle the OP.

  • TheMills on 22/05/2022 - 15:19
    +2

    Don’t know about NSW, however whenever I rented apartments in VIC the REA always painted a picture as if the property owner will make a decision to choose the new tenant. I don’t know if the REA plays double sided game where they screw both the owner and the tenant.

    • markathome on 22/05/2022 - 15:39
      +3

      I don’t know if the REA plays double sided game where they screw both the owner and the tenant.

      Kind of like you don't "know" if politicians sometimes intentionally lie? 😁

    • pandafyed on 23/05/2022 - 12:19

      Have a property in Melb, and we were given no indications of who the tenants are. I legit know only the amount of people in there and the age range (ie: 25-35). REA made all the decisions. Thankfully doesn't seem to be the "screw over" type of guy after a few years with him - I've been a tenant and have dealt with many shit REAs…

  • [Deactivated] on 22/05/2022 - 15:20
    +7

    if there is a privacy issue, how does that work for landlords who don't use an agent? they sound dodgy, i would find another agent if i were you.

  • atomX on 22/05/2022 - 15:21
    +12

    Yeah your agent doesn't have a clue. You have the right to know your tenant. If they don't listen I'd look at changing agents because they don't appear to be acting in your best interests

  • AustriaBargain on 22/05/2022 - 15:31
    +1

    I think tenants have the right to know who their landlord is and where their landlord lives, it's always on my contracts anyway so I'm guessing there's a law regarding that.

  • wordplay on 22/05/2022 - 15:34
    +1

    so how are they deciding who lives in your joint?

    • Raybert on 22/05/2022 - 15:34
      -1

      They give us their recommendations & we decide based on that.

      • Jugganautx on 22/05/2022 - 15:41
        +11

        Why would you trust a Real estates recommendation? Lol they're there to make money from trashed houses and end of lease cleans not good tenants that clean up after themselves.

        • capslock on 22/05/2022 - 18:19
          -5

          How is a landlord supposed to be better at picking a good tenant over an agent who does this as a job full time?
          Evidence

          • tonka on 23/05/2022 - 00:42
            +5

            @capslock: Not everyone is good at their job also not everyone is given the time and resources to do a good job. I know a great agent but most of the ones I have used have made every problem worse.

          • Jaysful on 23/05/2022 - 01:34
            +4

            @capslock: Different incentives, portfolio size of agent also affects it. Agents sometimes don't check things at the level a Landlord would, personally. Unless you have a really good and long running relationship with the agent, I wouldn't.

          • BuyOrNot on 23/05/2022 - 09:05
            -1

            @capslock: You can ask for salary slip and even bank account statement. People with higher salary and bank account are probably not going to trash your place.

        • Krankite on 24/05/2022 - 10:38

          They would prefer to make money by not having to do a single damn thing related to the property.

  • Ocker on 22/05/2022 - 15:55
    +1

    I think the privacy aspect of applicants may well prevent an agent passing on their names.
    However, if this is indeed a legal fact then I reckon the agent could simply ink out any identifying features of an applicant.

    • Amaris on 22/05/2022 - 16:01
      +11

      If the landlord decided to lease the property out without using an agent, they'd receive the applications themselves and see all the details. The REA is just acting as an agent of the landlord for a commission so I don't see how they can withhold information from the client.

        • Amaris on 22/05/2022 - 16:25
          +17

          The renter provides the information to the agent who works for the landlord. The landlord is not a third party. The ultimate lease agreement is with the landlord. Of course, the landlord has the right to decide who they lease THEIR house to. The REA is merely the agent.

        • dasher86 on 23/05/2022 - 09:30
          +3

          the agent is the third party…

          • trapper on 23/05/2022 - 11:03
            +4

            @dasher86: Agent OF the landlord, acting on behalf of the landlord.

        • MrFrugalSpend on 23/05/2022 - 18:15
          +3

          The whole principle of 'agency' is where someone acts on your behalf. The agent is representing the landlord.
          The agreement is between the landlord and tenant. The agent is basically just doing admin for the landlord.
          The landlord has every right to know in a similar manner as your employer has a right to know information you get as an employee when representing your employer's business.

          "The basic idea of agency is that an agent is someone who acts on behalf of, or represents, another person. This other person we can call the principal." - https://lawquarter.com.au/represents-business-agency-law-aus…

    • Gratt on 22/05/2022 - 21:05
      +9

      The lease is a contract between the landlord and tenant. The agent is literally the landlord's agent. That is the agent acts on your behalf. As you are one of the two parties to the rental contract you should at least have a copy of it. You can hardly expect to have a contract with an unidentified party. I don't see that it would be enforceable.

      Demand a copy of the lease. In future don't allow the agent to make a decision on tenancy without your express agreement.

      I no longer lease premises through agents. I had a bad experience where they put a mate in my house and when the rent fell behind they failed to serve notices. I doubt a lease was signed. This could be your problem.

      Doing it yourself is a lot of work. Finding an agent you can trust is maybe easier these days. By building a rapport with my tenant it means they stay for many years. My tenants typically stay for 10 plus years. Plus not paying a commission allows you to discount your rent to a good tenant and this also helps with retention.

  • [Deactivated] on 22/05/2022 - 15:57
    +10

    It's not a privacy issue, it's a REA laziness issue. If you care about that kind of thing, then get someone else.

    • [Deactivated] on 22/05/2022 - 18:12
      +2

      naah they prob just dont want the owner and prospective tenant to make deal themselves cutting middleman (aka scum rea's)

      • [Deactivated] on 22/05/2022 - 21:06
        +1

        I'm sure the contract the LL signed before they start looking for people would prevent this.

      • cookie2 on 22/05/2022 - 23:05

        That's exactly what I thought too

      • Yola on 23/05/2022 - 11:56

        My agent blacked out the mobile number of the applicants.

      • Jackson on 24/05/2022 - 08:25

        The agent has a contract that says if you want to sack them while someone they found is still there, you need to pay a break fee

  • SF3 on 22/05/2022 - 16:03
    +6

    Plot twist, tenants (and REA) are Bikies setting up a Lab.

  • rektrading on 22/05/2022 - 16:21
    +5

    OP, the REA works for you.

    You ask, and they bark. Tell them to p off if they don't like it.

  • morse on 22/05/2022 - 18:48
    +1

    Yes you should definitely know. At the end of the day it’s them you are entering the contract with.

    I’ve had issues as the REA not properly communicating with the landlords in the past and it would have been cheaper and better for both of us to be able to talk to each other. I wouldn’t trust a REA if they are keeping this info from you.

  • cjbowden on 22/05/2022 - 18:48

    Are you saying the agent won't provide any details on the applicants, or they are showing the applications just without the name of the applicant?

  • jakka on 22/05/2022 - 19:47
    +6

    The OAIC says that the REA is allowed to disclose applicants to the landlord.
    “ A real estate agent may only disclose your personal information for the reason they collected it (the primary purpose) unless an exception applies. For example, they may collect your personal information to assess your application for a tenancy. So they may disclose that you’ve applied to rent the property to a residential tenancy database operator, the property’s landlord, your previous real estate agent (if they’re giving you a reference) and any other referee you have nominated.”

    https://www.oaic.gov.au/privacy/your-privacy-rights/tenancy

    • MrThrifty on 24/05/2022 - 19:09

      This is the only comment I’ve seen on here that addresses OP’s question by replying with the relevant information that substantiates why there is no breach of privacy for a REA disclosing information about an applicant to a Landlord

      • tonka on 24/05/2022 - 21:28
        +1

        Be fair though, you shouldn't come to Ozbargain expecting substantiated advice.

  • xavster on 22/05/2022 - 20:03
    +23

    Hello!

    I am a real estate investor and own multiple properties in NSW. I don't know what state you are in but your agent is either incompetent or lazy. Either of which is a bad sign.

    It is absolutely within your rights as a landlord to review and scrutinise each application as you see fit. They are 'agents' and are there to act on your behalf. You are the principal and they must take directions from you.

    I have worked with multiple real estate agencies across NSW and the best agents are the ones that brief me on EACH applicant, their employment status, living situation, and potential as a tenant. I normally don't bother but if requested, my agent will email me all the applications as well.

    You should also get monthly ownership statements from your agent as well as property inspection reports every 6 months.

    tl;dr: get a better agent.

    • Mukduk on 23/05/2022 - 09:58
      +4

      Seconding this. As a landlord you can view the application in its entirety including supporting documents such as ID and bank statements.

      For some agents it's common to send the top 2-3 applications to the landlord and go through the details over the phone. Things like "their bank statements show they pay on time and have some buffer incase of loss of income" or "half their transactions are for Sportsbet and ATM withdrawals at the Star…"

  • serpserpserp on 22/05/2022 - 22:00
    -1

    lol

  • CRS34 on 22/05/2022 - 23:03
    +2

    start looking for a new agent.

  • MeesusEff on 22/05/2022 - 23:53

    Ermmm, I definitely received a signed copy of the lease with their names on it. Get another agent

  • tonka on 23/05/2022 - 00:47

    You get to pick your tenants. How are you supposed to maintain the property, is the agent gonna give you both code names to communicate. Are you saying the agent chose the tenant without any input from you?

  • Piranha2004 on 23/05/2022 - 06:45

    Get another agent pronto. Everything has been provided to me by my agent about prospective tenants right down to marital status, type of job and rental history

  • Ryk on 23/05/2022 - 06:46
    -3

    Why use an agent?

    • duchy on 23/05/2022 - 12:24

      When they thrash your property (see the other forum discussion) then you'll know…

  • 12Sydney34 on 23/05/2022 - 07:58

    What sort of bullocks is your agent made of???

  • spal on 23/05/2022 - 08:44

    Wondering if it is a case of the agent has only had one application, which they have pushed on to OP. Just everything else of about privacy and not sharing other applications is smoke and mirrors.

  • THICKnSLOW on 23/05/2022 - 08:47

    New Secret Wales.

    Could be a victim of violence, under witness protection. Select another tenant or select another agent.

  • Davo1111 on 23/05/2022 - 09:05

    Maybe they're concerned you'll drop them and rent privately?

    It seems odd to me. The owner's name is on the bond form I signed

    • T1OOO on 23/05/2022 - 09:57
      +1

      the contract is between the owner and the renter thats why.

  • goms on 23/05/2022 - 09:07
    +1

    You could argue that you can discriminate tenants based on their names.

    • Mukduk on 23/05/2022 - 10:07

      And the landlord is more likely to do that than the agent? Also it's not up to the agent to make the call that their landlord might be a racist so don't send them any details when a brownish person applies.

      If an agent refused to give me details on an applicant I would firstly reject that applicant based on the agent hiding something, and then immediately contact the agencies licensee to discuss their agents actions.

  • Bob Svargis on 23/05/2022 - 09:47

    The agent acts on your behalf. If you want to slow down the application process and vet the applications yourself, you're entitled to do that.

    I suggest that it's best to let the agent do their job. A decent property manager/agent can read people well and can usually (I didn't say "always") do a better job of managing/reading/evaluating applications than the landlord. After all, that's what they do for a living and you hired them for a reason. Plus, you pay them a commission - a decent agent is worth the money.

    But if it really bugs you, sure, change agents, because you're allowed to see the applications.

    Maybe the agent is concerned about discrimination and they're just covering their butt.

    • Mukduk on 23/05/2022 - 10:28

      How is not providing the full details of the applicant covering their butt?

      The agent just doesnt have to descriminate, i.e. don't suggest that a female would look after the place better, don't suggest that the cost of installing a ramp for a tenant who uses a wheelchair is a detriment to their application, don't say that Chinese tenants usually leave a messier kitchen when they leave so maybe go with the white people who order takeout more.

      Descrimination is a lot more than just knowing a person's name and skin colour. OP should be concerned that their agent is making shit up about privacy and not fullfilling their duties, probably because they lost supporting documents or want to put a shitty tenant in because no one else is applying

      • Bob Svargis on 23/05/2022 - 11:12
        -1

        You're barking up the wrong tree with me. Why the angry replies from you in this thread?

        I suggested that agents usually do a better job but that the OP is welcome to review the applications and it's their choice.

        I'm not looking for an argument with you, and I know what discrimination means.

        If the OP isn't happy, s/he can simply change agents.

        • Mukduk on 25/05/2022 - 10:58

          You reading my posts as "angry" is a strange interpretation. Please re-read them and imagine the tone is coming from someone without a radical agenda. I'll try not to assume you're framing my response as angry in an attempt to disregard my question.

          The question is, why is assuming that the landlord is racist and thus the agent not providing simple information is "covering their butt" from discrimination, when you and I both understand what discrimination actually is?

          • Bob Svargis on 25/05/2022 - 19:29

            @Mukduk: Fair enough. Maybe the agent is just sh1t but a good one should be able to a decent job of vetting applications.

    • tonka on 25/05/2022 - 11:22

      The agent should be providing their expertise to the landlord to guide them, not assuming they are incompetent etc and excluding them from the process.
      I would say it's possible they are protecting against discrimination but far more likely to be one of the following. They don't want the tenant and landlord to negotiate behind their back (maybe they charge high fees). They are just arrogant and dismissive of the landlord (my bet on this one). Just couldn't be bothered doing the job right and use this as an excuse to avoid liaising with landlord. Instead of cutting loose or managing landlords that interfere inappropriately try and shut them out.
      It would be interesting to see how they deal with maintenance. Are they also refusing landlords access to perform maintenance.

  • adn on 23/05/2022 - 09:49

    Usually property managers will talk you through the applicants and why one is better than the other. Like how many people, kids, job type, pets and rental history

  • T1OOO on 23/05/2022 - 09:56

    is ur agent also the wallet inspector ?

  • lint on 23/05/2022 - 10:29
    +1

    My agent has always provided me relevant info about prospective tenants - number of people, whether it's a family, couple or just mates, jobs and salaries, rental history, pets, smoking, etc. You're well within your rights to know this sort of stuff.

    If you're asking about stuff that doesn't come across as relevant other than to exclude certain people based on their ethnicity, sexual orientation or something like that, I would see why they might be uncomfortable with that.

    Otherwise, if you're not happy, change agents.

  • footscrayvic on 23/05/2022 - 10:30

    It is your property and you are taking the risk in leasing it out. You engage an agent to act on your behalf to the degree that you want them to act on your behalf. If the agent has an internal policy, like not sharing applications, and you dont agree with that policy then find a new agent.

  • trapper on 23/05/2022 - 10:56

    I've also had this run around before when I was a first time landlord, wasn't sure if it was normal or not and just kind of went with it at the time…

    Seems crazy now, I mean what kind of privacy issue is there?

    Surely the tenant has agreed for the landlord to see their application when they submitted it.

    Even if somehow it wasn't then it can just be asked for afterwards. 'Umm sorry but the landlord want's permission to look at your application… is that ok..?' lol wtf

  • Warehouse on 23/05/2022 - 10:58
    -1

    They're probably just looking to rent to their mate, or mate's mate, on the dole and don't want you getting in the way of it.

  • doctordaze on 23/05/2022 - 11:08
    +6

    Ex-property manager and current private landlord in Vic & Tas here.

    3 things to address from the above:

    1) It's all in the name. The "Agent" is acting on your behalf as your "Agent". You can request to review any of the documents you wish and there is no legislative requirement for the agent to withhold them apart from the various state and federal Privacy Acts, of which sharing applications details with the landlord would/should be covered in their application T's & C's - if not, find a new agent as this would be grossly incompetent. If they hadn't addressed this they wouldn't be able to send you a copy of the lease or condition report as it would have identifying information of the tenant on it.

    2) They are attempting to withhold them so you don't offer to rent to the applicants privately and avoid paying them the appropriate leasing fees. This happens and I understand the agents desired not to get screwed over, but it should be a conversation between you and agent, not a made up excuse. The compromise might be them depersonalising the applications but removing names & contact details if you really need to see the applications.

    3) I appreciate there is risk as a landlord and you want to minimise that as much as possible, but what are you seeking to review in an application that could not be summarised via a phone call or email? If you don't think your agent is being honest with you, find a new agent.

  • Daddy on 23/05/2022 - 11:30

    A lot of people are giving pseudo-legal advice without knowing the full context as you have given insufficient information.
    The only way anyone can give you a proper answer is by reviewing the agency agreement you signed with the REA before considering an answer as this may provide policies by the agency that you have agreed to.

    The basic rules of Principle and Agent as some of the Answers have provided have missed out on the key component in a commercial setting, the agency agreement.
    You may also need to check the real estate agency rules and regulations of your state that may modify the agency rules, as it is usually a licensed position with strict codes of conduct that the REA will want to protect.

    But, a very basic reason for a REA to restrict access to tenant info is that if you decide to discriminate using the full info that the REA may not have included to get your decision, means they may be included in a discrimination action by a potential tenant. As far as I'm aware, most REA's give you info that is mostly non-discriminative to allow you to make a decision, and requesting additional info that is discriminative indicates that you may be basing your decision on a discriminative basis.

    Just because you believe it is not discrimination does not mean that ultimately a Judicial Officer will agree with you, and that may impact the license of the REA, or just create unneeded litigation costs for the REA.

    Based on some of the answers given here, you may not even realise that the information you intend to base your decision on is discriminatory, even as a sub-conscience bias.

    Ie, "It's just a name": foreign-sounding or particular nationality that influences your decision not to lease;

    Discrimination https://www.fairtrading.nsw.gov.au/housing-and-property/renting/starting-a-tenancy#:~:text=A%20landlord%20or%20agent%20can,sex

    A landlord or agent can choose the most suitable applicant for the property but they are not allowed to unfairly discriminate.

    In NSW, it is against the law to discriminate based on:

    race
    sex
    pregnancy
    age
    disability (includes diseases and illnesses)
    marital or partner status
    carer or parental status
    sexual orientation
    gender identity.

    This also means that a landlord or agent cannot apply a rule, policy, practise or procedure that adversely affects a group of people. Examples of this are:

    offering a property on different terms, such as a higher than necessary income;
    having an across the board 'no pets' policy which also excludes the needs of disabled tenants, such as those with a guide dog;
    placing unrealistic restrictions on the number of occupants allowed, which for example, could exclude those who are pregnant;
    having a complicated and long application form which may, for example, make it harder for recently arrived migrants to apply.

    It is not against the law if the landlord or agent chooses not to rent the property to smokers, tenants with poor tenancy history, or people who have had an issue with rent payments.

    Visit the Department of Communities and Justice website for more information about types of discrimination.

    Is there legislation banning the Agent from providing the information to you? Unlikely.

    Does the law of contract prevent the agent? Check your contract.

    Is this a big enough issue for you to terminate your agreement with the REA? That's up to you.

    • T1OOO on 23/05/2022 - 13:27
      -1

      discrimination is not illegal, we actual all do it, and its gotten a bad name, it purely unjust, or prejudicial or illegal discrimination that people refer to, there is a big difference, and basically what you post can be summed up as.

      Also, having the ability to be such, is different to judging a person has done that, and there for we must omit that just in case, kind of contrived dont u think ?

    • john_conner on 23/05/2022 - 19:06
      +1

      Just because it is illegal to discriminate doesn’t necessarily mean you can’t get the information which would allow you to discriminate.

      The only real information the RE isn’t going to give you is the phone number and exact address of the applicants.

      In the end if you were acting without an agent, you would see the application in full…

  • chiuy on 23/05/2022 - 12:24
    +1

    Agents will play both sides.
    Hiding this info lets them get away with their lies more easily.

  • duchy on 23/05/2022 - 12:29
    +1

    Here's my approach that's always worked for me.

    Don't micromanage and let the agents do their work. Out of 15 or so applications, usually, just 2-3 are suitable candidates. Let the REA agent summarise the main findings in an e-mail or via phone call and decide which one you want to go with.

    Hint: REA Agents do want to select a suitable tenant as well, one that is not going to bring them problems and waste their valuable time. It's in their best interest to pick well.

    • john_conner on 23/05/2022 - 19:10
      +1

      And sometimes agents cut corners to get people in and let the owner suffer the consequences down the track… after all it isn’t their house.

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