#54421
Jimmy-T
Keymaster

    The rental agent needs to hire a better lawyer.

    The Privacy Act doesn’t apply to corporations with a turnover of less than $3 million.

    Even if it did, it doesn’t apply in cases where another law requires the information to be provided (such as the Strata Schemes Management Act).

    Some large strata management firms have cited the first rule to avoid handing over information such as owners’ email addresses, claiming that THEY have turnovers of more than $3 million, therefore the Privacy laws apply.

    But the second part blows that out of the water and they eventually have to provide the info, albeit very reluctantly.

    Section 258 is absolutely clear on this.  The landlord (or their agent) must provide the name of the tenants and any sub-tenants on the lease, as well as an address for service of mail.

    Privacy laws are simply not relevant and you are entitled to wonder why they are invoking them.

     

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.