All Topics / Help Needed! / Legal matters of renting…

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  • Profile photo of Curious_Curious_
    Participant
    @curious_
    Join Date: 2004
    Post Count: 28

    Hi All,

    I've recently become interested in the legal matters of renting out a property. For example, i know that the standard paperwork a potential tenant provides are payslips and references – I was interested to know exactly what the law is on this issue, and other issues.

    My questions are:

    * If a potential tenant only has an income from Centrelink (but enough to pay rent), are you legally allowed to reject their application?

    * By law, how many references from past agents/landlords must a potential tenant present?

    * What about pay slips, how many and how recent do they have to be, by law?

    I looked for answers in the Residential Tenancies Act 1987, but didn't find anything on the above.

    Can anyone point me in the right direction?

    Thanks so much,

    Michael.

    Profile photo of rudo1phrudo1ph
    Participant
    @rudo1ph
    Join Date: 2008
    Post Count: 38

    I would have thought that you can reject a tenant for any reason you want – if you own the property then you can decide who you rent it to.

    Also, I would not have thought that there is a "law" about references.  We have always owned our own home – for the last 20 years in fact but have recently started renting.  We did not have any references from previous landlords or agents.

    Maybe someone more knowledgeable has more "official answers for you.

    Rudi

    Profile photo of IP FreelyIP Freely
    Member
    @ip-freely
    Join Date: 2008
    Post Count: 353

    1 – refer to the act regarding discrimination (race, sex, religion etc)
    2 – Zero, it is up to you to determine what is sufficient
    3 – See 2 above

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    i don't think there is any law on this. it is just up to the individual on how to check tenants. If you wanted to you could rent to someone on no income without checking anything.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    https://terryw.com.au/
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://Terryw.com.au/

    Profile photo of gibbo1gibbo1
    Participant
    @gibbo1
    Join Date: 2008
    Post Count: 152

    There are no laws relating to references, many places in the past would of been leased with no reference.  Most who check references will check their current landlord and current employer.  Some may also check the previous landlord as well (especially if they have been in the current property for a short period).  If someone has rented their previous property for 7 years I think that demonstrates pretty well thay they are at least a resonable tenant.

    With knocking back a person purely on the basis that they are receiving Center Link payments, I would be careful as it may amount to descrimination.  There are many different reasons people receive payments.  Some of these people would make great tenants others well lets not go there.  If a person is receiving a disability pension and you choose not to give it to them on that basis, it amounts to discrimiation and will make a good ACA or Today Tonight story.

    Profile photo of Curious_Curious_
    Participant
    @curious_
    Join Date: 2004
    Post Count: 28

    Thanks guys for the responses. Very helpful!

Viewing 6 posts - 1 through 6 (of 6 total)

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