Rental Agent difficulties - Any advice ??
 

Hey All,

I have a query regarding renting a place in Perth. Im new to rental agents, as iv always rented directly from the owner before.

Iv moved to Perth, about a month ago, and iv rented a 3 bed Villa(ie. tiny house - block of 10) in Perth.

We got a 3 bed, even though its just me and the misses, as we wanted a guest room for visitors/storage etc, and we planned to rent out the other room to someone, to help with the bills.

Problem is, we found someone, sent in their details to the rental agent, and they said the landlord refused the application.

Just to be clear, we have signed the lease, and we are responsible for anyone we sub-lease too, which is fine. But, when we were signing, and told them what we plan to do, we were told when we find someone to submit their details, so they can do a background check. Then they would ask the landlord for a Yes or No. They wouldnt be on the lease, and we would be responsible - seemed fine, and we signed.

Iv to call again tomorrow, to speak to the rental agent in charge, as it was just an assistant who I was speaking to, and wouldnt provide any more info - very frustrating !

But if they simply say no, no explanation, or that they simply dont feel like it, do I have a leg to stand on ?

I would understand, and it wouldnt be an issue if there was a problem with the tennent, but they wont say either way. It sounds like the landlord just wants me and my missus in the apartment, just cause he can. Minimises wear and tear I suppose.

Is there any consumer affairs department or something that can help me, if I hit a brick wall.

Or is this normal business when renting in Aus, and everybody else knows this?

Re: Rental Agent difficulties - Any advice ??
 

Not 100% sure about WA but for Queensland everyone living in the property has to go on the lease, you can't just rent a room out to someone without the agent and landlord's approval.

Re: Rental Agent difficulties - Any advice ??
 

If you haven't got it in writing to the property manager that you intend to have a sub-tenant, and the agreement of the owner or the PM on their behalf, then I wouldn't think that you have a leg to stand on. As Polly said, if the lease has your name and your OH's on it, then you two are the only people who should be living there.

The rental market works a bit differently here. For example, expect photos to be taken when your place is inspected, and comments made if you're not keeping it tidy or clean enough. In your case, they will be looking for signs of a third person living there. This may include the PM driving past your place at odd hours to see if there's another car parked there.

You could try ringing the Dept of Consumer Affairs, or REIWA. I'd be interested in their response. You certainly see enough house shares advertised, but maybe the owner is a relative of the main tenant, or there's already an agreement that they could operate a house share, or else the owner doesn't know.

Re: Rental Agent difficulties - Any advice ??
 

What does your rental agreement actually say? I know mine says that you are not allowed to sublet.
Rental agents seem to be pretty crap here, so it wouldn't suprise me at all if they had told you it would be fine without checking with the landlord.

Re: Rental Agent difficulties - Any advice ??
 

In WA if you are over 18 you will need to be on the rental agreement, we rented at first and we have one daughter who is 18 she had to go on the tenancy agreement because of this.
Our policy also stated NO SUB LETTING and guests if any who came to stay could stay no longer than a two week period (daughter in UK), and on inspection dates they do ask and look everywhere, and like Helen said the camera comes out, so no chance of keeping a third party stuffed in the back bedroom:)

Re: Rental Agent difficulties - Any advice ??
 

I'm a landlord & I wouldn't allow my tenants to sublet without my approval, my agent makes money out of finding someone to renting my place, the only person is going to lose out, out of this deal it seems to be the landlord & the agent.:sneaky:
I think this should really answer your question, why should you benefits from the place.:blink::confused:

Re: Rental Agent difficulties - Any advice ??
 

Update.

The agent said the landlord simply doesnt want to let us sublet.

Sublet is a room, sublease is the whole place.

Per the tenancies act, the landlord cannot refuse to sublet without a reasonable excuse.

However, it can be excluded in the lease agreement.

If I sublet without the landlords permission(not that I would, as im trying to get a good rep here), I can be evicted with 14 days notice.

I spoke to consumer affairs, who are quite good, and in our lease we have a clause excluding subletting.

Which means, legally we cannot sublet.

However, I called the agent back, and asked them to reason with the landlord.

Explaining that we have excellent references, because our landlords were always reasonable in the past, and we were reasonable in return. It goes both ways!

I offered to sign an additional clause if necessary, stating that I could only rent to one additional person, in case they were concerned we were turning the place into a sharehouse or something.

Im waiting on them to get back to me.

However, I spoke to the potential tenant, and they are willing to go officially on the lease if necessary. So if the landlord refuses again, ill offer that as an alternative.

I cant offer any more!

Re: Rental Agent difficulties - Any advice ??
 

There's several ways to look at this.

Firstly, legally, the landlord must be notified, and give approval before any subletting, so your covered there.

Secondly, How can the landlord or the agent lose out ? I dont understand ?

Your rent is received, regardles of whether there are 2 people in the house, or 3 people ?

Thirdly, Im not benefitting from the place for nothing. I will be sharing my private space to someone, in return they help me with the rent. I think maybe your misunderstand. Its not some underhanded business, where im trying to short hand the landlord.

A house has a rent based on market value. That the most a landlord can reasonably expect. If a single person wants to rent the place. Then they pay the rent. However, what if 2 people want to rent the place. They are paying half rent each, and the landlord receives the same amount.

There's another factor here, which is business sense. Often overlooked in Australia.

Would you prefer

(a) A good tenant, for a long say 5 year period, who keeps the place clean and maintains the property and respects it as if its their own home.

(b) Maximum rental income, changing tenants every 6 months. And of course having the unrented periods inbetween. People who only consider the place a rental, and dont care much about it, or building a relationship with the landlord.

The unquantifiable category is how you treat the tenant. If you treat them well, they will be happy and rent longer. If you annoy them and refuse any flexibility, they wont.

If your tenants keep leaving at the end of the lease and not renewing, this could be why.

Re: Rental Agent difficulties - Any advice ??
 

I do understand you reasoning, but if I were the landlord, I would much prefer a couple over a couple and another person. It is their place after all and they chose you over someone else based on your circumstances at the time of rental. I can understand the landlords concern.

Re: Rental Agent difficulties - Any advice ??
 

I'm a landlord. Like most landlords I would choose to rent to a couple rather than 'sharers' any day. Couples usually want to make a home together and so will treat a rental well. Sharers will have a completely different mindset - they tend to be younger, single and out to have fun.

We once let a 2 bed apartment to a pair who pretended to be a couple. Turns out they were male/female sharers. They had masses of overnight guests, weekly parties and generated many complaints. Their lease was not renewed and we will never knowingly let to sharers again.

Re: Rental Agent difficulties - Any advice ??
 

I can too, hense I offered to give extra reassurance, but agreeing to just one person.

Please keep in mind, its a 3 bedroom house, we are occupying 1 room.

Ideally for example, if I was the landlord in a 10 bedroom house, I would prefer to rent it to a single FIFO worker. But thats just being silly.

As I have no legal basis, im asking for flexibility.

Re: Rental Agent difficulties - Any advice ??
 

If you wanted to house share then why didn't you go and look for a house share.

We rent a three bed house and our tenancy agreement clearly states that two people are allowed to live in the property, i.e. we cannot just rent out one of the spare rooms. This is because the landlord wants to know that the house is occupied by a couple, who wwill look after it, not house-sharers that are less likely too.

I rent out my house in the UK. No way would I let it to more than two adults (unless one is their child over 18).

Re: Rental Agent difficulties - Any advice ??
 

Understood, and I wouldnt want to live in a sharehouse either. But this isnt a "sharehouse" for school leavers going nuts. Those tend to have rooms individually rented(I stayed in one in Melbourne , never again!)

I am 32, so is my wife, both professionals. The potential applicant is 38. We are all past the best of our party days.

Also, as part of the process, I had to submit an application form, so that they could do a background check on the potential tenant.

The are very thorough(I know, cause of my background check), and they approved him. So I have kept to my side, and im playing by the rules. And the rental agent agreed this was a suitable tenant.

Not the same picture that you experienced.

But, from reading this thread, indications are that that is what is feared.

Anyway, he is willing to sign a lease also, so potentially we could provide reassurance to the landlord.

Re: Rental Agent difficulties - Any advice ??
 

Again, I understand the concern.

But if say, you had a couple friend, who were renting, and had a mate who wanted to rent a room that they had spare, but the landlord refused.

What advice would you give them(as a landlord), to reassure their landlord that they have no intention of turning it into a "sharehouse".

Re: Rental Agent difficulties - Any advice ??
 

If you outlined your case in a polite, articulate manner (as you have above) then it would probably sway me and I'd give you a go..

So provide a statement - with the points you've outlined above - i.e. not a share house, responsible couple, no loud parties etc etc , emphasising your ages, occupations, interests etc. Really, I just need to be happy that it's not going to cost me in extra wear and tear, upset neighbours etc.