Tenants personal Information

[kathryn d]

What everyone is missing, it is the right of the landlord to view all information collected by the PM, on behalf of the landlord.

Not what the PM wants to share, but EVERYTHING.


Look at it from another way.
How do you think a Bank would view a Borrower, if the mortgage broker didn't provide all the information they require to make an informed decision...because the MB thought the bank didn't really need to see it.

 

[Nemo30]

In my line of work we obtain personal data which is protected under the privacy act. This data is passed on to a third party.

All of this is ok under the Privacy act because at the very beginning we ask the person to sign a form to acknowledge that their info will be used in this way. (Different states also have different privacy legislation)

 

[redwing]

Hi,

I been informed by PM that we are not allowed to see Application form, applicant financial due to Privacy Act.

Is is true??

Ask the PM which part (specifically) of the Privacy Act applies

 

[handyandy]

We discuss the details of every applicant for our properties with the agent.

If the agent was to take the privacy line with me then he/she would not continue to be my agent for very long.

A have chosen to use the word agent rather than PM etc because they are my agent, they speak for me and represent me - they do not own the property or make any decisions about my property.

If the agent has to get a signature that he has notified the prospective tenant that the info would be view more extensively than that is something between the prospective and the agent.

This is my business and I will not let anyone else decide who I take on as a rental risk.

Cheers

PS Nemo in this case I am the 1st party not the 3rd party lol

 

[redwing]

From the Office of The Australian Information Commissioner and the National Privacy Principles (NPP) which are aimed at private enterprise

The Information Privacy Principles (IPPs) apply to government agencies

Who can a real estate agent* disclose my personal information to?
A real estate agent that is covered by the Privacy Act can disclose your personal information without your consent for the main reason they collected it (the primary purpose).

Example 1: they may collect your information so they can assess your application for a tenancy.

In this case, they may disclose the fact that you have applied to rent the property to a residential tenancy database operator, the landlord, your most recent previous agent (if they are giving you a reference) and any other referee you have nominated.

Example 2: an agent collects your personal information to assess your application for a tenancy and your application is successful.

The agent can then use your personal information for other related purposes in ways you would reasonably expect.

Example 3: if you have a broken tap, the agent can give your phone number to a plumber so that the plumber can arrange a time to fix it.

But, it would not be okay for an agent to tell your neighbour where you work.

* Including property managers

Also

Are real estate agents covered by the Privacy Act?

Generally yes, however some real estate agents are not covered by the Privacy Act because they are considered to be a 'small business' (that is, they have an annual turnover of $3 million or less).

If the Privacy Act does apply to the real estate agent, it only relates to how the agency handles personal information.

 

[redwing]

And an answer to another issue that's been raised here previously

Can a real estate agent* take an image of my property or household belongings?

Yes.

But, the real estate agent must comply with the National Privacy Principles when handling the image if:

• the agent is covered by the Privacy Act
• the image (of your property or household belongings) has anything in it that can identify you or another person.
• Example: family photos, or photos of medication or bills would be personal information if you can be identified from them.

More information

In Queensland (from July 2009) New legislation means agents must get permission from tenants to take photos of any of their their belongings, even if they don't identify the tenant or another person.

* Including property managers

 

[mflying]

From the Office of The Australian Information Commissioner and the National Privacy Principles (NPP) which are aimed at private enterprise

The Information Privacy Principles (IPPs) apply to government agencies



Also

Very informative post!!. i will print this out and show it to my PM on weekend.

 

[Peterw]

Moer info from the Office re IPP

"Residential Tenancy Databases
Small businesses that operate a residential tenancy database have been brought into the Privacy Act by the Privacy (Private Sector) Amendment Regulations 2007 (No.3) in relation to the operation of those databases. The regulation defines a residential tenancy database as a database: (a) that stores personal information in relation to an individual''s occupation of residential premises as a tenant; and (b) that can be accessed by a person other than the operator of the database or a person acting for the operator. "

 

[CHAOS]

I recently asked my PM if increasing out tenants rent by $20 per week was reasonable in the current market. The response I got was yes he (the tenent) can afford it he has $xxx xxx. xx in the bank

I knew they checked tenants income to make sure they can afford rent. I didn't know they asked them how much money they had in the bank.

While I am reassured that he can pay. If I was the tenent I would not be happy that my life savings was disclosed.

 

[mattysavager]

I didn't know they asked them how much money they had in the bank. .

Many tenants will volunteer a copy of their most recent full bank statement. We have it on our application forms as one of them methods that they can use to substantiate income, along with payslips etc.

I would disclose the total balance and the weekly income from their employer/spouse/parents/centrelink etc - but I wouldn't pass on a copy of the actual statement to my owners without a really compelling reason. It's information that they don't need to know (where the tenant likes to eat dinner, where they fill up their car etc).

 

[Tillie]

When reading Matt's response a couple of questions came to my mind.

What type of 'income' evidence you have asked an applicant to provide? E.g. self-employed, who do not have payslips or the applicant that has just arrived to the country and are looking for job.

What is the most weird evidence that an applicant has provided?

In Victoria the bond can be only 4 weeks' rent but what about asking rent in advance? Is there some limits of advance rent payment? e.g. 6 months' rent in advance or something similar.

 

[handyandy]

Many tenants will volunteer a copy of their most recent full bank statement. We have it on our application forms as one of them methods that they can use to substantiate income, along with payslips etc.

I would disclose the total balance and the weekly income from their employer/spouse/parents/centrelink etc - but I wouldn't pass on a copy of the actual statement to my owners without a really compelling reason. It's information that they don't need to know (where the tenant likes to eat dinner, where they fill up their car etc).

Again, I think it is essential that we review their cash flow and spending patterns.

It can become the borderline between us agreeing to rent to a prospective tenant of not.

This is particularly the case with the younger tenants who are presenting as a first time tenants. Looking at the bank statement them find that they have nothing left each week (whilst living at home) how will they cope with a $300 pw rent bill + utilities + food etc. I don't want it being my problem - so if it takes a look at their bank statement then don't hold me back.

We also aim to have them not spend more than 30% of gross on rent - just a ball park but it seems to work.

Cheers

 

[mflying]

thanks for your feedback on post.

I can see everyone deals with it differently.

As i said, we will go with our existing PM for time being and see how we go. i am hoping that it wont be any hassle. having said that we will learn things along the way.

when it comes to next time, i will be armed with information that you guys/girls have provided and trade it carefully.

 

[redwing]

Very informative post!!. i will print this out and show it to my PM on weekend.

How did you go?

 

[mflying]

How did you go?

informed her the legislation (with a proof) and she said she will look in to it and thanked me for the info.

personally, i dont want to see that sensitive information (as i wouldn't like to be mine shared around). at the moment, we will go with same PM. if things don't work out well, we will look in to changing PM.

 

[Nibbles55]

Interesting. I have just finished a phone conversation with my agent regarding choosing between two applicants. He was happy to disclose names, employers and incomes of a couple who are both working. The other applicant was currently not working but had sold a property in the US and had money in the bank. However, when I asked "How much?", he said that was confidential.

At any rate, I went with the ones who are employed now, figuring money in the bank could be here today, gone tomorrow, in the wrong hands.

 

[kathryn d]

Interesting. I have just finished a phone conversation with my agent regarding choosing between two applicants. He was happy to disclose names, employers and incomes of a couple who are both working. The other applicant was currently not working but had sold a property in the US and had money in the bank. However, when I asked "How much?", he said that was confidential.

At any rate, I went with the ones who are employed now, figuring money in the bank could be here today, gone tomorrow, in the wrong hands.

Have the PM suggest to the other applicant, (money bags)full payment up front would secure the property.
You can't insist, but you can accept.

 

[Ideo]

Many tenants will volunteer a copy of their most recent full bank statement. We have it on our application forms as one of them methods that they can use to substantiate income, along with payslips etc.

I would disclose the total balance and the weekly income from their employer/spouse/parents/centrelink etc - but I wouldn't pass on a copy of the actual statement to my owners without a really compelling reason. It's information that they don't need to know (where the tenant likes to eat dinner, where they fill up their car etc).

I provided bank statement and income slips.

I didn't however provide trust accounts or other savings vehicles.

I think it is ridiculous to pass on such information to someone like a PM, and I don't want my bank details being discussed with the property owner.

For my own places I just want to see rental history and proof of income. If they can pay they can stay. It's not an emotional bonding exercise. It's renting out some walls for someone to live in.