Question after tenant’s death sparks outrage over rental rules: 'Why people hate landlords'
- Replies 8
In a world where the relationship between landlords and tenants can often be tense, a recent incident has sparked outrage and highlighted the complexities of tenancy laws across Australia.
A landlord's question following the death of their tenant has left many Australians stunned and has raised questions about the ethics and legalities surrounding such situations.
The incident came to light when Samantha Priddis, a business manager at SOCO Realty in Perth, shared a social media video recounting a conversation with a landlord whose first concern, upon learning of their tenant's death, was whether they would continue to receive rent payments.
The landlord responded, 'Well, the lease hasn't ended yet. Will I keep getting rent?' Ms Priddis expressed her disbelief, stating she couldn't 'even comprehend' why that was the landlord's first thought.
This question has been met with a wave of criticism from the public, with many Australians taking to social media to condemn the landlord's 'greedy' priorities.
Comments such as 'It's always the first thought of the landlord...money, money, money,' and 'The perfect example of why people hate landlords,' reflect the broader sentiment that some landlords may prioritise profits over compassion and human decency.
However, Kristen Porter from ONO Legal points out that there are legal ramifications to consider when a tenant passes away.
She explains that not all procedures are explicitly written into law, such as dealing with executors, next of kin, and releasing funds.
She recounted an instance where rent paid past the end of a tenancy was refunded to a person claiming to be the next of kin after they were allowed access to the property to collect belongings.
Ms Porter advises landlords to follow their property managers' guidance, as tenancy laws vary nationwide.
For those self-managing rental properties, obtaining a copy of the death certificate is crucial to officially verifying the tenant's death.
Additionally, if the tenant died within the property, disclosures must be made to any new tenants.
The legal landscape of tenancy agreements following a tenant's death is complex and differs from state to state.
For example, New South Wales's tenancy contract does not automatically end if a tenant dies.
The landlord or the tenant's representative must issue a termination notice, with the representative liable for rent until the property is returned to the landlord.
In contrast, in the Northern Territory, the lease agreement is automatically terminated if the sole tenant dies, even if others are living there.
Queensland, Victoria, and South Australia have their own specific rules regarding notice periods and the termination of lease agreements following a tenant's death.
In Western Australia, where this incident occurred, the Residential Tenancies Act states that an agreement ends if the sole tenant dies, and no rent is owed from that moment.
This story serves as a stark reminder for all seniors and their families to be aware of their rights and responsibilities regarding rental agreements.
Understanding the specific tenancy laws in your state or territory is essential, especially in the unfortunate event of a tenant's death.
At the Seniors Discount Club, we encourage our members to engage in open and respectful dialogue with their landlords and to seek legal advice when necessary.
It's also essential to clearly understand the terms of your lease and know who to contact in case of emergencies.
In other news, a landlord’s bid to evict her tenants backfired when the tribunal sided with the tenants and ordered her to pay $2,000 for breaching their privacy.
Joel Bruen and Stacey Harty successfully argued that surveillance cameras installed by the landlord, Ming Fang, violated their rights. You can read more about it here.
Credit: TikTok
Have you or someone you know faced a similar situation? How was it resolved? Let's support each other by sharing knowledge and advice on navigating the sometimes challenging waters of landlord-tenant relationships.
A landlord's question following the death of their tenant has left many Australians stunned and has raised questions about the ethics and legalities surrounding such situations.
The incident came to light when Samantha Priddis, a business manager at SOCO Realty in Perth, shared a social media video recounting a conversation with a landlord whose first concern, upon learning of their tenant's death, was whether they would continue to receive rent payments.
The landlord responded, 'Well, the lease hasn't ended yet. Will I keep getting rent?' Ms Priddis expressed her disbelief, stating she couldn't 'even comprehend' why that was the landlord's first thought.
A Perth landlord was criticised for questioning whether rent would still be paid after the tenant’s death. Credit: @samanthapriddis / TikTok
This question has been met with a wave of criticism from the public, with many Australians taking to social media to condemn the landlord's 'greedy' priorities.
Comments such as 'It's always the first thought of the landlord...money, money, money,' and 'The perfect example of why people hate landlords,' reflect the broader sentiment that some landlords may prioritise profits over compassion and human decency.
However, Kristen Porter from ONO Legal points out that there are legal ramifications to consider when a tenant passes away.
She recounted an instance where rent paid past the end of a tenancy was refunded to a person claiming to be the next of kin after they were allowed access to the property to collect belongings.
Ms Porter advises landlords to follow their property managers' guidance, as tenancy laws vary nationwide.
For those self-managing rental properties, obtaining a copy of the death certificate is crucial to officially verifying the tenant's death.
Additionally, if the tenant died within the property, disclosures must be made to any new tenants.
The legal landscape of tenancy agreements following a tenant's death is complex and differs from state to state.
For example, New South Wales's tenancy contract does not automatically end if a tenant dies.
The landlord or the tenant's representative must issue a termination notice, with the representative liable for rent until the property is returned to the landlord.
In contrast, in the Northern Territory, the lease agreement is automatically terminated if the sole tenant dies, even if others are living there.
Queensland, Victoria, and South Australia have their own specific rules regarding notice periods and the termination of lease agreements following a tenant's death.
In Western Australia, where this incident occurred, the Residential Tenancies Act states that an agreement ends if the sole tenant dies, and no rent is owed from that moment.
This story serves as a stark reminder for all seniors and their families to be aware of their rights and responsibilities regarding rental agreements.
Understanding the specific tenancy laws in your state or territory is essential, especially in the unfortunate event of a tenant's death.
At the Seniors Discount Club, we encourage our members to engage in open and respectful dialogue with their landlords and to seek legal advice when necessary.
It's also essential to clearly understand the terms of your lease and know who to contact in case of emergencies.
In other news, a landlord’s bid to evict her tenants backfired when the tribunal sided with the tenants and ordered her to pay $2,000 for breaching their privacy.
Joel Bruen and Stacey Harty successfully argued that surveillance cameras installed by the landlord, Ming Fang, violated their rights. You can read more about it here.
Credit: TikTok
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