Our tenant broke their lease and left with rent in arrears, rubbish in the house and minor repairs and maintenance. So we are claiming on our landlords insurance. Our insurers are requesting a copy of the tenancy application, however the property manager will not release it due to the 'Privacy Act'. Our insurer will not process claim unless they have it though.
Has anyone else come across this? Has anyone got any advise for me?Nonnie
Last time I claimed this sort of thing the property manager filled out the paper work and submitted it for me.
Mine sends me the lease agreement each time so I do not know why they are quoting Privacy Act concerns .
You probably should be asking for a copy of the lease agreement you would normally be sent rather than the the tenancy application.
Ask the insurance company if a copy of the lease agreement would suffice and then ask for this instead from the property manager.Thanks I have a copy of the lease agreement, so I will see if the insurers will accept that, however they did stipulate tenancy application.
Cheers
The property manager is your agent. that is, they act in your place. Of course you are entitled to anything that is received by your agent in the course of them acting as your agent.
I think I remember this happening once before on the forum (PM refusing to release documents claiming Privacy Act) but you are entitled to it, in the same way you would have the tenancy application had you done the property management yourself.
Ask the PM what section of the Property Act they are relying on and make them fully justify why they won't give it to you.
K
Thanks to Duckster and Linar for your comments. I managed to get the PM to talk to the Insurers and apparently after a few arguments my PM gave them the tenancy application.
Cheers
Nonnie
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