I rented a property which changed management mid-agreement. Very shortly after the change in property management, things went downhill. The agent was calling on Sundays and turning up to the property unannounced. Concerned about this behaviour, I started doing some investigation about the agent. It turned out they are outsourcing the property management to a company overseas.
The staff that would email me for things such as my invoices, or respond to my maintenance requests, are based in the Philippines. I don’t know if these offshore staff have a real estate licence and they struggle to source trades to deal with urgent repairs because they’re searching from not only outside the area, but the entire country. Not to mention the time difference and subsequent delay in replying to emails.
How legal is this?
– Worried Renter, NSW
Kat George says: This sounds like a very stressful situation. Dr Chris Martin, a tenancy law expert at University of New South Wales’s City Futures Research Centre suggests the first thing tenants should remember is: “Real estate agents work for landlords, not tenants.
“Sometimes people think agents somehow work for both, but no: they are the landlord’s agent.”
While that may not sound great at first, there is an upside. “Because the agent acts for the landlord, wrongdoing by the agent is, in effect, wrongdoing by the landlord,” Martin says.
To address the first part of your question about the erratic and unexpected behaviour of your landlord’s agent: in most jurisdictions in Australia, there is legislation that dictates when and how a landlord or agent can enter a tenant’s property, and the procedure for doing so. In NSW you have the Residential Tenancies Act 2010, in Victoria, the Residential Tenancies Act 1997 and in Queensland the Residential Tenancies and Rooming Accommodation Act 2008.
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In all these Acts, the landlord or their agent must provide written notice if they plan to enter your property. In Queensland and Victoria, this includes 24 hours written notice of an intention to carry out repairs and maintenance, or to show the premises to prospective tenants (except in the case of emergencies). NSW requires two days’ written notice for repairs and maintenance, and in the case of inspections, at least 14 days’ written notice for the first inspection, with subsequent inspections requiring at least 48 hours’ written notice. In all jurisdictions, routine inspections require at least seven days written notice.
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The Acts also entitle you to (variously worded) reasonable peace and privacy. In NSW and Queensland, this is called “reasonable peace” and in Victoria “quiet enjoyment”. In short, this means that the landlord and their agent must allow you to enjoy the property without interference, other than in extreme circumstances (for instance when urgent repairs are needed to maintain your safety and ongoing enjoyment of the premises). Any interference with your reasonable peace is a breach of your tenancy agreement, which must be compliant with state law.
And, Martin advises: “If an agent infringes your reasonable peace, comfort and privacy, or accesses the premises without the proper notice, these acts are as good as (or as bad as) the landlord doing them.”
To address the issues you’re experiencing, Martin suggests putting the problems in writing to the agent or your landlord and informing them that they are in breach of your tenancy agreement.
“For practical purposes it may be better to go directly to the landlord with this complaint, but if you don’t have their contact details just notify the agent – this is as good as notifying the landlord,” Martin says.
If the behaviour doesn’t stop, you should then “apply to your jurisdiction’s tenancy tribunal for remedies against the landlord. These remedies might include compensation, orders that the agent stop interfering with you, or an order terminating the tenancy”.
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As for the second part of your question, about whether hiring an offshore management company is legal, again, most Australian jurisdictions have legislation that requires property agents to be licensed. In NSW, this is the Property and Stock Agents Act 2002, in Victoria it’s the Estate Agents Act 1980 and in Queensland, the Property Occupations Act 2014. These Acts apply to anyone acting as a property agent or as an assistant agent – including those undertaking property management. Even if someone is performing their property management role from an overseas location, they must be licensed or have a certificate of registration, according to the relevant Australian law.
Martin suggests making a complaint about this to NSW Fair Trading, but says “you cannot be sure this will fix your real problem”. He says going to the landlord is your best bet.
“Usually the better way for a tenant to deal with a bad agent is to make it the landlord’s problem – because it is.”
If you’d like further advice about tenancy issues and your rights, you can contact your local tenants advice and advocacy service.
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Have you experienced similar issues with an offshore property management company? Email australia@theguardian.com to share your story.
