Cunninghams Agency Removes Free Ways to Pay Rent

Hi.

Is anyone here has the same problem as me? Cunninghams Real Estate sent me a letter saying they move everyone to a new platform and that platform has only one fee-free payment method, bring literal wads of cash to Australia Post office. The rest of the new methods have transaction fees. My references that it is against the law, Residential Tenancies Act 2010, Section 35 were simply ignored.

They say if I do nothing, the rent payments (BPay) will stop working after 1st July. And I'll be in arrears and will get vacation notice.

I asked advice from tenants.org.au and from Fair Trading. Just checking if there is someone with same problem or dealt with same problem before.


Hi,
At Cunninghams we're upgrading the way you pay your rent.
We're introducing a new payment platform that will make paying your rent simpler.
As of 01/07/2022, the way you currently pay rent will no longer be available.
We understand how busy life can be, we simply need you to log in to the Tenant app (OurTenant) or the Tenant portal to select your preferred payment option. Don't worry you can change this at any time online after the 01/07/2022.
Any rent payments due prior to 01/07/2022 are to be paid as normal.

Portal Login Click Here to review OurProperty's End User Agreement, Terms and Conditions and Privacy Policy

Payment Options:

  • Direct Debit - $1.95 per transaction

  • Card - 1.95% plus 30c per transaction
    Set and Forget with Direct Debit or Card. Each time your rent or an invoice is due, the Tenant app sends you reminders the day before, either through email, SMS or app notifications, advising of the upcoming debit.
    Select either of these payment options and gain access to our exclusive rewards program which gives you discounts to everyday shops and services. Click Here to download the rewards brochure.

  • Private Wallet - $2.50 per debit transaction
    Transfer to a private wallet with its own BSB and Account number just for you. You will be reminded of each payment with the balance of your wallet so you know how much needs to be transferred for your rental payments. The BSB and Account number will be provided on Go Live.

  • Australia Post - no charge
    Pay in person using cash at the post office. We’ll send you an email with a unique barcode a week before the due date. Unfortunately, there are no rewards program benefits for post office payments.
    Please note: You can only pay via a single payment method per household. If there are multiple rent payers per household, you will need to nominate just one account or card and ensure that funds are available on the due date.
    *Payment Fees may be subject to change at Lease Renewal with updated fee details provided on the renewed lease document.

Tenant Rewards Program
Be rewarded for paying your rent with direct debit or card with access to our exclusive rewards program.

Here are just a few savings you can access!

  • Discounted movie tickets upto 40% off
  • Save on travel flights
  • Up to 50% off accommodation
  • Save at the fuel pump
  • eCard savings at major grocery & retail stores
    Your rewards membership will be activated when you make your first payment and you will be sent an email with your login details and a link to the exclusive rewards page.

To learn more about, watch this video https://vimeo.com/388932033
Thank you for your cooperation, please feel free to contact me if you have any questions.

Best regards
Cunninghams

Related Stores

cunninghamsre.com.au
cunninghamsre.com.au

Comments

  • +3

    They appear to have complied with 35 (2), so what's the issue?

    • +6

      "… and that is reasonably available to the tenant.". Hauling cash to Post Office is, imho, not reasonably available? What if I'm in a road trip or on vacation overseas?

      • -5

        Pay before you go.

        • +12

          Cannot pay in advance, it says: "We’ll send you an email with a unique barcode a week before the due date."

      • +1

        Sounds like op does not want to do any "Hauling cash to" anywhere!!!!

      • +1

        can't you pay at the post office with a card or cheque?

  • +4

    Just checking if there is someone with same problem or dealt with same problem before.

    I swear I've read this before, don't know if it was you or posted here or what, but I've seen a similar question as well as the whole rewards program stuff.

    Australia Post - no charge

    Sounds like they do offer a way to pay with no charges, so I guess there's that. If I remember right from last time something similar was posted, you should be able to pay online through Australia Post as opposed to "bring literal wads of cash to Australia Post office".

    • you should be able to pay online through Australia Post as opposed to

      my friend asked them, they said cash. It is also in the text: "Pay in person using cash at the post office. "

    • +3
      • Thank you for this! Fees values look exactly the same, I think same platform was peddled there! Cunningham's little project?

  • +4

    talk to your landlord and advise them of this, if they are a good landlord, they might change REA, if not, you'll probably have to suck it up or move.

    • +1

      yep, thats good advice, I was considering it too.

    • -3

      I'd stop paying rent and make them kick me out because it will cost them more than accepting a bank transfer.

      • +3

        You're the source of the stupidest comments and advice. Have fun being TICA blacklisted.

        • -1

          Thanks for understanding sarcasm.

  • +1

    Mine tried to pull the same bullshit (VIC) and I quoted the act saying it was illegal to do this and they backed down.

    • +1

      I said its illegal three times, and got ignored three times :) I'd really hate it going to NCAT tribunal, I have a day job to do …

      • +5

        Call them and don't stop until you get a resolution. Emails are easily ignored.

        Use social media too if you have to.

  • -8

    Very reasonable to allow fee free payment at the Post Office.

    Post office is everywhere and not cheap for the RE to accept

    https://www.abc.net.au/news/2019-01-14/anz-customers-lose-ba…

    • +2

      Everywhere like overseas too?

      • -6

        email the barcode to a friend/family/trusted advisor and leave the cash with them or transfer it to them?

        How do you empty your letterbox when you are overseas?

    • +2

      They had disabled everything but physical cash at the post office (PostBillPay). Two key problems with cash … 1. My partner was mugged recently , so carrying large amounts of cash just isn’t safe. 2. COVID has shown us that we can be locked down at any point and post offices closed etc, also had flu for last 2 wks so could not go out … really, online is the only available means. And it is the 21st century … agent knows this option isn’t really suitable .

      • +2

        The post office was open during lockdown. It's an essential service.

        • They still close when all the staff gets covid

      • carrying large amounts of cash just isn’t safe

        AusPost do free cash-out without a purchase.

  • +8

    Here’s the real issue!

    Unfortunately, there are no rewards program benefits for post office payments

    • +2

      I think the draft had

      Unfortunately, there are no kickbacks for post office payments

  • +10

    Also you will find Auspost treat savings/cheque account as cash.

    Happy to have solved all your issues.

    • -3

      who's side are you on, dude?

    • Not true. Spoke with our local post office manager about it. Also check out their website . T & Cs say that the “biller” has full control on what payments means are available and who covers the transaction fees. This agent is only allowing physical cash in person . https://postbillpay.com.au/help/payment-methods

      • +2

        You can get cash out from the post office.

  • +2

    Paying in cash at the post office is not reasonable. These third party payment things are because the rental agencies are lazy.

    The last place I rented went to using one of these things. I chose to pay by bpay, which cost the agent a few dollars every time, is this option available? If not, I'd be telling them to give me a free and reasonable option.

    We're introducing a new payment platform that will make paying your rent simpler.

    Yes, logging into this moronic portal and paying, just to pay rent, is "simpler" than paying via bpay.

    • Yeas, I was telling them, and quoting law, no effect. They keep pushing the message and ignoring my arguments. Im just trying to prepare for whats next.

      • +3

        Tell them you are happy to have the tribunal decide if it is classified as "reasonable". Good luck with it.

  • @brendanm No BPay.

  • +5

    Tell the agent to come by and collect the rent in cash if it's so easy to go to aus post to pay it.

    What does your lease say in terms of how to make payment? This is what I'd be referencing.

    • +1

      I can say whatever, thats the thing, they are playing deaf. Just a message on repeat, "on 1st July your payment method will stop working". Its bizzare, really. So I'm now looking for things I can do, not say.

      • +9

        What does your lease say? That's the payment method id be telling them to stick to as that sets the rules.

        Eg. My lease sayw:

        Rent payments are to be made via the NAB easy rent system. You can choose to direct debit or to make payments direct through the NAB portal.

        Fees

        BPAY payments incur a 95 cent fee. Payments made from a credit/debit card will incur a 1% surcharge. Direct debit or tenanted initiated payments from a bank account are free.

        If your lease currently provides for an electronic payment fee free, then IMHO you're entitled to a fee free electronic payment method.

        • +5

          This is the correct answer. They cannot change the lease mid-term without your consent, so stick to your agreed method in your lease.

    • +1

      I like this one

  • +8

    You shouldn’t have to pay to pay.

    I’m sick of all these schemes to gouge money out of people when they are already making enough through their regular fees.

    Not sure how to help you though. Probably just call and ask re other free options, if they don’t provide one leave a review of their business reflecting your experience after you get your bond back. ie on exit

    • hey mate are you into crypto or anything like that? You never take the time to steer a thread conversation onto crypto topics

  • +2

    It’s garbage. I had a re in the past that forced direct debit every week on us, there was practically zero reason why we couldn’t do bpay; If pay was late for whatever reason we’d be slugged $15

  • +7

    Talk to the landlord. They're probably not aware.

  • Not sure if you are aware or whether it works in your case but Post Billpay payments can be done online too via their website or the Auspost App. Pretty sure you won't get stung with fees cause Cuntingham will be unable to tell whether you paid online or in store.

    • Check Chlks comment above. Cash only it seems.

      • +2

        Not sure if anyone has mentioned but also eftpos just not credit card because as Chlks discusses that is different.

        The link Chlks has provided is irrelevant because it only applys for online payments and credit scheme payments.

        In the case of Chlks cash only post office and wife being mugged you could withdraw the cash for free inside the post office (unless ANZ) and then immediately give them the cash back for the rent.

        • Nope, companies also have full control of payment methods in stores as well. I’ve personally experienced this in the past.

          And you can go on and on by how cash does not meet the legislation’s “accessibility” requirement. Eg.

          Dealing with future “lock downs” and Post offices being closed.

          Being away of long holidays etc.

          Long story short, it’s the 21st century and “cash in person” doesn’t cut the mustard for most people.

          • @Chlks: Forgot to mention … ATMs have daily withdrawal limits that are no where near rent levels … so it’s a mute point.

  • +3

    Tke your cash each week into the real estate agents office

  • +1

    Looking at what AusPost charges billers it looks they wouldn't pay any more by allowing EFTPOS at the post office. It's bizarre they would choose over the counter payment as the free option when there are cheaper options available to them. Anyway, many banks allow withdrawals at the post office subject to limits so you wouldn't have to lug wads of cash around by using a participating bank. If cash really is the only option (check at the post office with a bill) and your payment is above the withdrawal limit well you just might be forced to do multiple part payments where I assume they would have to pay AP's $3.08 transaction fee every time.

    • +2

      Oh dear now nuker will pay the rent in 5c coin to cost the real estate company $3.08 each payment.

      • Only if they want all their held packages to disappear or be damaged.

      • i don't think they have to accept coins if the total amount is higher than a few dollars, it's been popularised in some stories but the people getting stung in those ones probably didn't realise this.

  • +9

    Pay the way that is outlined in your lease. They can’t unilaterally change this.

  • +7

    I'd just say I refuse the OurProperty terms and conditions.

    Their privacy statement says they can disclose all your information for direct marketing.

    Yeah righto.

  • it wasn't so long ago that the only way to pay was to go to the real estate agents' office in person every week, at least it's not going back to that.

  • +6

    Are you a good, long-term tenant? I'd contact landlord and See if they'd like to sack the rea and deal directly.

    We did that with a tenant. With the cost savings, we haven't increased rent for 3 years and everyone is happy. (except the rea)

  • -7

    And all this efforts for…. $1.95 monthly? Really?

    • +2

      No, all this effort to stop a large organisation attempting to unilaterally change the conditions of a lease midway through its term to suit themselves whilst offering a low-grade lottery that forces users to surrender their privacy by their gaining and using personal data ' for direct marketing' with no lawful or moral right to such information.

      • -3

        I can see OP is complaining about those $1.95, not privacy, etc. I don't get it - people all the time giving their data and details: facebook, insta, tik-tok and at the end complaining about changing the game from REA?
        Strictly they followed all the rules - there is a fee free payment provided. Next step: it will be available only from 12:00 to 12:15 in Auspost office Ulluru :)

        Get used to it as this will be new normal.

    • No efforts so far, and it is the way they did it, against the law, not the money.

  • +4

    I think theyre trying to water down the fee with the "rewards program". in fact, the "rewards program" seems to be a "benefit" of the fee.
    This could sound to me like a service you do not require, a service you did not request, a service you dont want but are paying for. under ACL

    https://consumer.gov.au/sites/consumer/files/2016/05/0553FT_…

    Page 7 it says:
    "A business or person does not have a right to
    be paid just because they have sent goods or
    provided services to someone."

    Call the RE and inform them that the wording of this new payment portal makes it sound like theyre providing a benefit (The rewards program) for a fee. SInce, if you dont pay the fee, you dont get the rewards progream. Ergo, they are violating ACL and you will not pay the fee.

    You can say you'll use their payment portal but you will deduct the unwanted fee from the rental payment. You will then inform the landlord of such and ask him to talk to their real estate agent.

    If they fluff about or are unhappy, tell them you will escalate and lodge formal complaints and lodge a case with fair trading.

  • +3

    They probably have to manually create the bar code = staff cost

    If you want to cost THEM, pay by cash at post. And encourage everyone else in the strata (if it is) to do the same.

    Yes, annoying, but, war of attrition?

    • They probably have to manually create the bar code

      Nope, it would be highly automated. The REA would just update tenant details with "OurProperty." Less work for REA plus maybe some kick back from them. Doubt this is something the landlord would be happy with unless the REA was previously charging them payment fees.

  • Firstly, I am not a lawyer.

    Secondly:
    That legislation.nsw link says:

    35 (3):

    A landlord and the tenant may, by agreement, change the manner in which rent is payable under the residential tenancy agreement.

    What would happen if you disagree with their proposed changes? Does "agreement" not imply "both parties agree"?

    Also, 35 (2) says:

    for which the tenant does not incur a cost (other than bank fees or other account fees usually payable for the tenant’s transactions)

    which I read that they have no obligation to provide a you-pay-no-fees option, but have to provide a they-don't-charge-you-a-fee option, which as the first commenter pointed out, they've complied with.

    Also, you get all those rewards and savings! Movie ticket discounts! Flight discounts! Fuel discounts! All for a mere 2% of your rent! (sarcasm) - what rental agency does this??

    I would have loved if "Cash to our office" was an option, as they'd get a mixed bag of coins delivered every month if it was me…

    • What would happen if you disagree with their proposed changes?

      I did, nothing good happened. For everyone involved.

      provide a they-don't-charge-you-a-fee option, which as the first commenter pointed out, they've complied with

      law says "resonably available" as a condition. Their offer is not.

  • +1

    They are counting on you not wanting to go to the post office. It costs them $2.80 ex GST per transaction. I'd say suck up the pain and do it. Every $ the RE Agent doesnt get is a $ well spent. Also, I would at least try once to get their bar code.. and then do the payment online through Australia Post online portal. Its just a biller code and a reference number. I can't actually find a way for Cunninghams to force you to go to the post office.

    EDIT: I just checked the Australia Post App.. You can scan the bar code sent to you and pay the bill via your phone.

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