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Who makes the decision on an application, and who can the property manager pass the information collected from the application form onto?
This will depend on the specific instructions given by the lessor at the time of negotiating the PO Form 6. As every application is a form of offer, the property manager should verify the terms of the tenancy with the lessor and seek their acceptance, unless the lessor directs otherwise in writing. Theis relates to the applicant’s offer of rent per week, term of the tenancy and commencement date of the tenancy. Section 22 of the Property Occupations Regulation – Property agent to act in accordance with clients instructions.
The best practice recommendation is to communicate all expressions of interest to the lessor with a summary of information or lack of information the property manager has or has not been able to validate on any submitted application. By doing this the lessor is being kept fully informed of the interest in the property and the property manager can then provide a professional recommendation based on the quality of the information validated on the respective applicants together with the proposed tenancy terms offered.
Who can the information go to?
When collecting personal information the property manager must comply with the Privacy Act and the 13 Australian Privacy Principles and provide the prospective tenant with a privacy notice and consent. The scope of this notice and consent will determine who the property manager may disclose personal information to.