WEBVTT - Encore: Facing a rental increase? Know your tenancy rights

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<v S1>Hello and welcome to It All Adds up the podcast.

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<v S1>So we chat about money, how to get it, how

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<v S1>to spend it and how to invest it. I'm money

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<v S1>and a dumb pal. And you're listening to our summer series. Well,

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<v S1>we're playing some of our hottest hits to help you

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<v S1>get in shipshape financial form for 2023. It all Adds

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<v S1>Up will resume normal programming in February with a brand

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<v S1>new season full of money saving tips and insights. So

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<v S1>until then, sit back, relax and enjoy. Hello and welcome

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<v S1>to It All ends up the podcast where we chat

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<v S1>about money, how to get it, how to spend it

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<v S1>and how to invest it. I'm money editor Don Powell.

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<v S2>And I'm senior economics writer Jess Irvine. It's no secret,

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<v S2>of course, that interest rates are going up and up

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<v S2>and up as the Reserve Bank battles to counter rising inflation,

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<v S2>which is really putting the squeeze on home owners and

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<v S2>property investors, as we know.

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<v S1>Yes, And look, we've talked about this extensively. We talked

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<v S1>about this in many previous podcast. It gets written about

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<v S1>all the time. You know, owners are struggling with rising

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<v S1>interest rates. But there's also another side to this, which

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<v S1>obviously just doesn't get quite the same level of coverage,

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<v S1>which is how this impacts renters.

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<v S2>Exactly. Yeah. Look, we know the majority of Australians, about

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<v S2>two thirds are just a little bit over two thirds

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<v S2>of Australians are homeowners. But, you know, the rest are

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<v S2>renters and typically are made up of people who are

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<v S2>younger and also people on lower to middle income. So

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<v S2>it's really important that we keep talking about rents and

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<v S2>what's going on there because we know that rents have

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<v S2>jumped on average 10% this year alone and are up

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<v S2>about 20 to 30% since 2020. So ouch. That is

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<v S2>also a lot of pressure on on renters.

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<v S1>Absolutely. So look, this episode today is going to be

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<v S1>about renting and your rights as a tenant, because I'm

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<v S1>sure any of our listeners who are renters, many of

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<v S1>them may have been given a rental increase in the

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<v S1>past couple of years. It's becoming more and more common.

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<v S1>So we're just going to talk about what you can

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<v S1>do and the sort of rights that you have when

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<v S1>that that does happen. And, you know, maybe you can

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<v S1>use some of these tips to to hopefully negotiate a

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<v S1>lower rent or maybe no increase at all. But I

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<v S1>thought just just to start off, we can talk about

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<v S1>maybe why rents are going up, because it is linked

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<v S1>to two interest rates to a certain extent. But there

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<v S1>is some other sort of factors as well. So obviously,

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<v S1>you know, Australia is a is a broad and vast country.

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<v S1>We can't talk about every single state and territory in

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<v S1>great detail. So I'm sorry for any of our listeners

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<v S1>that are in other states, but we are just going

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<v S1>to focus on on Melbourne and Sydney today. But the

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<v S1>story is broadly the same pretty much everywhere you look.

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<v S1>But if you look at a house in Melbourne, the

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<v S1>median rent for a house in Melbourne is at about

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<v S1>$160 a week, which is up at about 7% on

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<v S1>last year. And in Sydney it's worse, it's the median

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<v S1>rent is about $620 a week, which is up 12%

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<v S1>on last year.

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<v S2>Yeah, that's really interesting. I remember before I bought my

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<v S2>place I was paying about 650 a week in Sydney,

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<v S2>inner Sydney for a two bedroom property, so I thought

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<v S2>that was sort of at the premium end, but seems

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<v S2>like that's about average now. Yeah, So there's a lot

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<v S2>of talk about what rising interest rates mean for renters

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<v S2>and it's something that I've asked economists about in the past,

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<v S2>like is it do rising interest rates mean that rents

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<v S2>also go up because, you know, it's more expensive for

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<v S2>landlords so they pass it on. And I've actually had

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<v S2>some pushback from that to say that, yes, that's a

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<v S2>cost for landlords, but they can't just come up to

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<v S2>you and say, my interest rates have gone up, so therefore, hello,

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<v S2>I'll have all that extra money please, from you in rent.

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<v S2>We should assume that the rental market is determined by

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<v S2>the forces of supply and demand like any other price.

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<v S2>That's how it's set. And economists always think that the

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<v S2>landlords have their rent set at the maximum that the

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<v S2>market can bear before they will turn off, you know,

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<v S2>potential renters. They will have been trying to get, you know,

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<v S2>maximum rents. So just because rates have gone up doesn't

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<v S2>mean that they can now just pass it all on

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<v S2>because eventually tenants will walk away from the properties. However,

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<v S2>I think that sort of fails to capture what happens

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<v S2>in reality. I think that when rates are low, I

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<v S2>think landlords perhaps do let things slide a little bit.

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<v S2>If they've got a good tenant, they're not going to

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<v S2>be sort of increasing the rent every year. They'll just

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<v S2>think I'll let it slide. And then when we do

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<v S2>get a period where the landlords are getting those massive

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<v S2>rate increases, they do focus again on rents and trying

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<v S2>to get the maximum amount. So maybe what we're seeing

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<v S2>when interest rates go up is landlords are really going

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<v S2>to give they're going to give it a go. You know,

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<v S2>they're feeling the pinch. So, you know, maybe they've let

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<v S2>things slide for a couple of years. Now might be

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<v S2>the time when they do come back to you and

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<v S2>say we need to recoup some of the higher costs.

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<v S2>But again, keep in mind that only as much as

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<v S2>you can afford, they can't ask for anything. Otherwise you

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<v S2>will you will move out and you will go find

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<v S2>other options, whether because you want to or because you

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<v S2>have to.

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<v S1>And look, we'll get into, you know, the options that

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<v S1>you do have when when they increase rents or asterism

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<v S1>or increase your rents later on. But I think, you know,

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<v S1>it is also worth noting that obviously interest rates to effect,

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<v S1>you know, all economists may not think it, but there

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<v S1>is you know, there is obviously a direct impact there

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<v S1>in terms of interest rates and and rents. But there's

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<v S1>also the fact that we've had this fairly unique sort

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<v S1>of situation with COVID over the past three or so

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<v S1>years where there's been a great shift to the regions. Right.

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<v S1>Everyone's wanted to get out of Melbourne. And Sydney and

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<v S1>move out further afield. That's put a massive amount of

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<v S1>pressure on property markets in regional areas. So therefore there's

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<v S1>just not as many rental properties as there once were.

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<v S1>So you have this record low national the national rental

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<v S1>vacancy rate is at 0.9%, which is a record low.

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<v S1>And that's that's not much there when I was really small.

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<v S2>Well, and you might think that it would have gone

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<v S2>the other way because we closed the borders. There was

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<v S2>basically no migration which would hurt demand. But you're right,

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<v S2>people were moving out into other regional areas. They wanted

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<v S2>a bit more space. Maybe they were moving into places

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<v S2>with more bedrooms. And interesting data from the RBA showed

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<v S2>that actually being forced into lockdown in your household led

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<v S2>to many share houses dissolving.

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<v S1>Yes.

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<v S2>Yes, I know. People went, Ah, I'm not staying at

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<v S2>home with four or five flatmates. I'm going to move

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<v S2>in with my partner. And actually household sizes got smaller

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<v S2>and if there's fewer people per household, you need more

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<v S2>of them. So that actually increases the demand for property.

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<v S1>Prior to COVID, I had a house of five people,

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<v S1>and as much as I love all those people in

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<v S1>that share house and still do. If we had been

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<v S1>in that share house during COVID, we would have gone insane.

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<v S1>So I understand why that sort of angle where these

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<v S1>houses all sort of dissolved. And you know what? Five

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<v S1>people living in one house becomes a bunch of different

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<v S1>people living in three houses. So there's all these factors

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<v S1>that have that have sort of come together. And we

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<v S1>are in a true, true crisis when it comes to

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<v S1>the availability of rental properties in Australia. So yeah, rents

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<v S1>are rising. There's very few rental properties. You know, real

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<v S1>estate agents are quite pushy in terms of the suggested

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<v S1>increases they come to like, I don't want to come

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<v S1>too hot against the real estate agents here, but at

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<v S1>the same time they can be very suggestive in terms of,

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<v S1>you know, telling the landlords to increase their rents and

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<v S1>all that sort of stuff. So there's that aspect as well.

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<v S1>There's a bit of a power imbalance here, I guess,

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<v S1>when it comes to the whole, whole market. And, you know,

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<v S1>it's not looking like it's getting much better.

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<v S2>Yeah. And economics does have another concept called the principal

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<v S2>agent problem, which is that the more sort of layers

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<v S2>you get between two people in an interaction, the more

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<v S2>heartless it becomes essentially because you've got, you know, many

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<v S2>people are not dealing with the landlord, you know, the

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<v S2>tenant and the landlord are not dealing face to face

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<v S2>in many cases. And the real estate agent just wants to. Well,

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<v S2>I think they get paid like a percentage of the rental.

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<v S2>They do probably get paid more if they get the

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<v S2>rent up. So they're trying to do that. Yeah. And

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<v S2>it feels like in Australia we just, you know, there

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<v S2>is a bit of a new battle between landlords and

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<v S2>renters and I know a lot of like younger people

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<v S2>of my generation do I get to still be young?

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<v S2>I'm not sure there's an ethical question around like will

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<v S2>I become a property investor? Because, you know, some of

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<v S2>the tactics, you know, the way that tenants are traded

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<v S2>are so poor. It's almost become an ethical issue of, well,

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<v S2>maybe I'll invest in shares instead because I just don't

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<v S2>think I should be in that market or I shouldn't

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<v S2>be taking home from a potential first home buyers. I

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<v S2>heard a great term hashtag, not all landlords. So as

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<v S2>someone on Instagram I follow who was talking about ethical

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<v S2>property investing and you know, she was a younger investment

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<v S2>property owner and sort of talking about, you know, re

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<v S2>forging that bond between landlords and tenants and like she

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<v S2>would buy Christmas presents for her tenants, you know, and

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<v S2>just check in with them and, you know, attend to

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<v S2>all the repairs. So hopefully it's not all landlords.

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<v S1>But yeah, I do I do think I mean, I

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<v S1>think that that sounds great, but I think that is

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<v S1>probably like a minority. You know, I definitely think there's

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<v S1>a big part where the human aspect of the rental

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<v S1>agreement relationship is completely forgotten. But you're right, there is

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<v S1>this massive sort of disconnect which leads to these really

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<v S1>cruel sort of situations where renters who house for them

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<v S1>is part of their livelihood. It's it's an essential part

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<v S1>of of living are getting, you know, kind of done

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<v S1>by these these landlords who just view it view it

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<v S1>really as an investment.

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<v S2>Yeah. And look, the policy settings are all wrong. And,

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<v S2>you know, in other countries like Germany, they have sort

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<v S2>of like it's typically you would be in a property

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<v S2>for ten years at least and like it even there

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<v S2>like you go and you take your own kitchen with

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<v S2>you and have it installed because you expect to be

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<v S2>there for so long. But you know, our tech settings

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<v S2>sort of favour mum and dad's or, you know, smaller

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<v S2>investors sort of, you know, having a crack, trying to

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<v S2>build that multiple property portfolio, selling out. It's not, you know, the,

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<v S2>the large institutional investors that we have overseas where it's

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<v S2>sort of a more manageable thing of trying to keep

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<v S2>occupancy rates, you know, across the board. It's really we're

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<v S2>kind of, you know, fisticuffs a little bit between sort

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<v S2>of smaller, you know, people dealing in this market.

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<v S1>Yeah.

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<v S2>Alright, So I'm so let's get into the nitty gritty

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<v S2>of what sort of legal rights that tenants do actually have.

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<v S2>So if your landlord is showing up in the next

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<v S2>couple of months or if they already had asking for

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<v S2>the massive rent rises, let's have a look at what

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<v S2>sort of legal rights you have. And again, we're going

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<v S2>to sort of focus again on Melbourne and Sydney just because,

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<v S2>you know, it does vary by state to state. So folks.

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<v S2>The thing on Victoria and New South Wales. What is

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<v S2>the deal, Dom, with if you're on a fixed term agreement,

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<v S2>what rights do you have there? Like you've signed up

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<v S2>for the 12 to 24 months.

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<v S1>Yeah. So in both Victoria, New South Wales and I

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<v S1>do believe this is like broadly the same across most states,

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<v S1>But again, caveat check it. But you know, they can't

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<v S1>increase your rent during a fixed term agreement unless the

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<v S1>lease states otherwise. And then in that lease it has

0:10:54.230 --> 0:10:56.600
<v S1>to also not only state that they can. It has

0:10:56.600 --> 0:10:59.990
<v S1>to state how they're going to calculate that rent rise

0:10:59.990 --> 0:11:02.630
<v S1>if they do decide to raise it. But broadly, what

0:11:02.630 --> 0:11:05.210
<v S1>this means is that if you're on a fixed term agreement,

0:11:05.300 --> 0:11:10.040
<v S1>you don't really have to worry too much about rental increases.

0:11:10.490 --> 0:11:12.530
<v S1>But sadly, this is not the case. Like a lot

0:11:12.530 --> 0:11:15.229
<v S1>of times, you know, you get onto a fixed term

0:11:15.230 --> 0:11:17.990
<v S1>agreement first, six or 12 months and then once it stops,

0:11:17.990 --> 0:11:19.730
<v S1>they just put you on month to month because it's

0:11:19.730 --> 0:11:22.010
<v S1>easier for them. And usually it's actually easier for the

0:11:22.010 --> 0:11:24.050
<v S1>tenant as well in terms of moving out. So a

0:11:24.050 --> 0:11:25.850
<v S1>lot of people are actually on on month to month

0:11:25.850 --> 0:11:30.110
<v S1>agreements and on month to month agreements. Your landlord can't

0:11:30.110 --> 0:11:33.410
<v S1>increase your rent more than once every 12 months, though

0:11:33.410 --> 0:11:35.780
<v S1>it is very it is important to point out that

0:11:35.780 --> 0:11:38.960
<v S1>if you're in Victoria and your lease agreement is pre

0:11:38.960 --> 0:11:42.800
<v S1>2019 before 2019, they could do it every six months.

0:11:42.800 --> 0:11:45.770
<v S1>So it's worth checking when your lease agreement was signed

0:11:45.770 --> 0:11:47.990
<v S1>because if it is prior to 2019, they can come

0:11:47.990 --> 0:11:52.729
<v S1>and increase your rent every six months. So but by

0:11:52.730 --> 0:11:54.770
<v S1>and large it's it's every 12 months and they can

0:11:54.770 --> 0:11:56.450
<v S1>only do it once every 12 months.

0:11:56.780 --> 0:12:00.050
<v S2>And one thing on the fixed term agreements, it's not

0:12:00.050 --> 0:12:02.960
<v S2>okay for that agreement to just say we're allowed to increase,

0:12:02.960 --> 0:12:04.940
<v S2>you know, once at the end of the first year

0:12:05.420 --> 0:12:08.000
<v S2>in line with market or just, you know, in line

0:12:08.000 --> 0:12:10.760
<v S2>with general forces. It has to be more specific than

0:12:10.760 --> 0:12:13.010
<v S2>that so that they can't see you're not exposed to

0:12:13.010 --> 0:12:15.230
<v S2>an open ended sort of, you know, what is the

0:12:15.230 --> 0:12:19.790
<v S2>market value type thing in your fixed term? Are there

0:12:19.790 --> 0:12:23.900
<v S2>any limitations on like percentage increase? Like what's excessive is

0:12:24.080 --> 0:12:25.790
<v S2>is there any like you can't put it up by

0:12:25.790 --> 0:12:26.870
<v S2>more than 50%?

0:12:27.350 --> 0:12:30.140
<v S1>Look, there's no specific laws as far as I can tell.

0:12:30.140 --> 0:12:31.940
<v S1>But I think the general rule is that it has

0:12:31.940 --> 0:12:34.490
<v S1>to be reasonable, has to be a reasonable increase. So

0:12:34.490 --> 0:12:36.110
<v S1>they can't come and say, oh, you're paying an extra

0:12:36.110 --> 0:12:40.760
<v S1>$500 a week now because that's outrageous and they have

0:12:40.760 --> 0:12:43.910
<v S1>to give you information as to how they've calculated the increase.

0:12:43.910 --> 0:12:45.260
<v S1>So a bit like what we said with the fixed

0:12:45.260 --> 0:12:48.050
<v S1>term agreements, they have to come to you and say, well,

0:12:48.320 --> 0:12:50.690
<v S1>we've done this and we think it's because, you know,

0:12:50.900 --> 0:12:53.390
<v S1>rental rent in your area has gone up this much.

0:12:53.390 --> 0:12:55.070
<v S1>The property value is going up this much. They've got

0:12:55.070 --> 0:12:56.510
<v S1>to give you reasons for it. They can't just come

0:12:56.510 --> 0:12:58.730
<v S1>and say, this is your rent now, bad luck, you know,

0:12:59.150 --> 0:13:02.000
<v S1>see you later sort of thing. So there's there's that.

0:13:02.000 --> 0:13:05.150
<v S1>And they also have to give you 60 days written

0:13:05.150 --> 0:13:09.260
<v S1>notice about the increase of the rent. And another thing

0:13:09.260 --> 0:13:12.560
<v S1>worth pointing out is that they can't increase the rents. Again,

0:13:12.770 --> 0:13:15.350
<v S1>this is true in Sydney and Melbourne. And I think again,

0:13:15.350 --> 0:13:18.710
<v S1>broadly it's true everywhere. They can't increase the rents to

0:13:18.710 --> 0:13:22.069
<v S1>penalise you. So if you've done something they don't like, like,

0:13:22.070 --> 0:13:24.650
<v S1>you know, maybe through a raucous party in the neighbours complaint,

0:13:25.100 --> 0:13:26.990
<v S1>they can't come in and go, Well you've done that

0:13:26.990 --> 0:13:29.420
<v S1>in the end and now we're increasing your rent and

0:13:29.450 --> 0:13:32.150
<v S1>that's not a good enough reason to increase in rents.

0:13:32.150 --> 0:13:34.160
<v S1>They have to have other other reasons.

0:13:34.160 --> 0:13:35.870
<v S2>That sort of seems like a de facto I've tried

0:13:35.870 --> 0:13:38.450
<v S2>to evict you, but by just setting an unreasonable.

0:13:38.480 --> 0:13:41.870
<v S1>Yeah, exactly. Exactly. And did the landlords certainly do that?

0:13:41.870 --> 0:13:43.910
<v S1>They definitely will come in and say, well, our rents

0:13:43.910 --> 0:13:45.500
<v S1>going up by this much and they're doing that in

0:13:45.500 --> 0:13:49.010
<v S1>the hope that you'll leave. But you know, again, that's

0:13:49.010 --> 0:13:51.290
<v S1>not great. And this things you can do which which

0:13:51.290 --> 0:13:52.579
<v S1>we're going to now we.

0:13:52.580 --> 0:13:54.950
<v S2>Will get to. Yeah. So what what are the first

0:13:55.160 --> 0:13:57.320
<v S2>steps that people should do when you when you get

0:13:57.320 --> 0:14:00.620
<v S2>that letter or that email. My number one tip is

0:14:00.620 --> 0:14:04.820
<v S2>just remember, everything in life is negotiable, including the rent.

0:14:04.820 --> 0:14:07.790
<v S2>So it because there is that power imbalance, people can

0:14:07.790 --> 0:14:12.290
<v S2>feel really hesitant to sort of push back against rate increases.

0:14:12.290 --> 0:14:14.120
<v S2>But you know, we tell mortgage holders to haggle all

0:14:14.120 --> 0:14:16.580
<v S2>the time on the interest rate. You got to haggle

0:14:16.580 --> 0:14:18.709
<v S2>on your rent as well. And just because it may

0:14:18.710 --> 0:14:22.040
<v S2>come with the impressive sounding, oh, the CPI has increased,

0:14:22.040 --> 0:14:25.040
<v S2>but therefore we have to you know, they're having a

0:14:25.040 --> 0:14:28.490
<v S2>crack and you can you can push back as well and,

0:14:28.490 --> 0:14:31.970
<v S2>you know, negotiate with if it's the real estate agent

0:14:32.330 --> 0:14:35.000
<v S2>or the landlord themself, you know, you just you have

0:14:35.000 --> 0:14:37.640
<v S2>to tell them if you think it is too high

0:14:37.640 --> 0:14:40.910
<v S2>and you're allowed to say, I don't think that's reasonable,

0:14:41.210 --> 0:14:43.850
<v S2>you're going to arm yourself with the information about what

0:14:43.850 --> 0:14:46.280
<v S2>you know, what you know, maybe, you know, you don't

0:14:46.280 --> 0:14:48.850
<v S2>want to walk to a different property because that lead

0:14:48.860 --> 0:14:53.030
<v S2>up moving costs, etc.. But, you know, check what the

0:14:53.030 --> 0:14:57.140
<v S2>comparable listings are in your area for, you know, comparable properties,

0:14:57.140 --> 0:14:59.930
<v S2>how much they're paying per rent. I used to also

0:14:59.930 --> 0:15:01.850
<v S2>ask my neighbours, Absolutely.

0:15:01.880 --> 0:15:04.820
<v S1>There's no like salary secrecy clauses when it comes to rent.

0:15:04.820 --> 0:15:06.380
<v S1>You can, you can tell by all you.

0:15:06.380 --> 0:15:09.680
<v S2>Like, so just try to calm yourself with some information.

0:15:09.830 --> 0:15:12.230
<v S2>But when you do mount the case that you want

0:15:12.230 --> 0:15:16.040
<v S2>to push back and not agree to just what's being asked.

0:15:16.550 --> 0:15:19.490
<v S1>And that might mean that you get the, you know,

0:15:19.490 --> 0:15:22.080
<v S1>the increase next entirely, you know, that that might be

0:15:22.080 --> 0:15:24.020
<v S1>you maybe negotiate that or maybe you'll be able to

0:15:24.020 --> 0:15:26.360
<v S1>go see a smaller increase, which might be a bit

0:15:26.360 --> 0:15:29.600
<v S1>more palatable. And, you know, usable.

0:15:29.890 --> 0:15:32.780
<v S2>Yeah. You can push back on the amount or you

0:15:32.780 --> 0:15:35.920
<v S2>can also push back or delay when the increase kicks in.

0:15:35.930 --> 0:15:38.840
<v S2>So that's another one. Say, look, I need more breathing space.

0:15:38.840 --> 0:15:42.050
<v S2>You know, this needs to happen in 3 to 6 months.

0:15:42.050 --> 0:15:45.140
<v S2>I need more notice. That's just a way to push back.

0:15:45.140 --> 0:15:48.230
<v S2>And you can also try you know what? If I

0:15:48.230 --> 0:15:51.020
<v S2>signed up for the 12 month lease, would you get

0:15:51.020 --> 0:15:53.540
<v S2>a could I, you know, agree to a lower figure

0:15:53.540 --> 0:15:56.290
<v S2>if I am willing to commit to the longer lease,

0:15:56.300 --> 0:15:58.370
<v S2>sometimes that can work as well.

0:16:00.860 --> 0:16:04.609
<v S1>These negotiations don't always work out. I think I would

0:16:04.760 --> 0:16:07.130
<v S1>hazard to guess that most like most often they don't

0:16:07.130 --> 0:16:09.530
<v S1>work out. I think usually there's not a great deal

0:16:09.530 --> 0:16:11.810
<v S1>of wriggle room for these sort of things. So the

0:16:11.810 --> 0:16:14.300
<v S1>next step you can take is sort of bringing in

0:16:14.300 --> 0:16:17.000
<v S1>a third party. And in Victoria there is a free,

0:16:17.000 --> 0:16:19.610
<v S1>completely free service where you have to do it within

0:16:19.610 --> 0:16:22.850
<v S1>30 days of receiving this written notice from your landlord.

0:16:22.850 --> 0:16:25.550
<v S1>But you can ask the consumer affairs body for a

0:16:25.550 --> 0:16:28.370
<v S1>rent assessment and they will sort of assess the value

0:16:28.370 --> 0:16:31.160
<v S1>of the property, assessed the rental market and they can

0:16:31.160 --> 0:16:34.340
<v S1>decide if the rent increase is too high or if

0:16:34.340 --> 0:16:39.230
<v S1>it's appropriate or whatever. Completely free, but it's non-binding. So

0:16:39.260 --> 0:16:42.710
<v S1>what happens? Say like you apply for this free rental

0:16:42.710 --> 0:16:46.820
<v S1>service assessment in Victoria, they go, Oh, the rents too high.

0:16:46.820 --> 0:16:48.860
<v S1>And then they give that they give that assessment to

0:16:48.860 --> 0:16:52.910
<v S1>the to the landlord. Landlord is not bound by that

0:16:52.910 --> 0:16:54.560
<v S1>at all. So they can just go cool. Well we're

0:16:54.560 --> 0:16:57.470
<v S1>still going to do it. So I mean it's good

0:16:57.470 --> 0:16:59.420
<v S1>to do like it is a good thing to do.

0:16:59.420 --> 0:17:02.300
<v S1>And like maybe the threat of getting consumer affairs involved

0:17:02.300 --> 0:17:04.670
<v S1>will be enough to sort of, you know, make some

0:17:04.670 --> 0:17:07.820
<v S1>landlords back away. But this this free assessment in Victoria

0:17:07.820 --> 0:17:10.730
<v S1>is not binding. So the next step, which is sort

0:17:10.730 --> 0:17:14.090
<v S1>of the universal step, is to go to the tribunals,

0:17:14.090 --> 0:17:17.000
<v S1>which is V Kat in Victoria and Kat in New

0:17:17.000 --> 0:17:20.810
<v S1>South Wales. And again there's corresponding tribunals in every state

0:17:20.810 --> 0:17:23.270
<v S1>and territory. And again you have to do this within

0:17:23.270 --> 0:17:28.669
<v S1>30 days of receiving the notice from your landlord in

0:17:28.670 --> 0:17:31.790
<v S1>terms of the rent increase. And they do cost like

0:17:31.790 --> 0:17:33.230
<v S1>a little bit of money to apply to the tribunal.

0:17:33.230 --> 0:17:35.240
<v S1>It's not like the fees are quite reasonable though, like

0:17:35.240 --> 0:17:39.050
<v S1>at 65 bucks in Victoria, $54 in in New South Wales.

0:17:39.050 --> 0:17:41.540
<v S1>And I think they only get as high as maybe

0:17:41.540 --> 0:17:43.480
<v S1>100 bucks in some of the other states. But like,

0:17:43.490 --> 0:17:45.890
<v S1>they're very they're within the realm of affordability. So don't

0:17:45.890 --> 0:17:47.389
<v S1>get too scared about the fact that you do have

0:17:47.390 --> 0:17:48.950
<v S1>to pay a fee. They pay quite low.

0:17:49.580 --> 0:17:52.820
<v S2>Yeah, it sounds kind of pretty epic to go to

0:17:52.820 --> 0:17:55.370
<v S2>the tribunal and, you know, take it to a legal.

0:17:55.369 --> 0:17:57.739
<v S2>Do you have to pay lawyers fees? No, this is.

0:17:57.740 --> 0:17:59.870
<v S1>A great thing. I think you're right. People get really

0:17:59.869 --> 0:18:02.419
<v S1>scared and get sort of like quite apprehensive about the

0:18:02.420 --> 0:18:04.939
<v S1>concept of taking someone to a tribunal because it sounds

0:18:04.940 --> 0:18:08.540
<v S1>really big and scary, but it's really good. They like

0:18:08.540 --> 0:18:11.840
<v S1>they walk you through it. It's very, very renter, friendly,

0:18:11.840 --> 0:18:15.440
<v S1>like they're very, you know, in there for you to,

0:18:15.650 --> 0:18:17.840
<v S1>you know, give you a hand and sort of because

0:18:17.840 --> 0:18:19.790
<v S1>they recognise a lot of people don't understand the legal system,

0:18:19.790 --> 0:18:22.219
<v S1>they don't understand, you know, the sort of the nuances

0:18:22.220 --> 0:18:25.340
<v S1>of of the renter and landlord sort of agreement so

0:18:25.700 --> 0:18:29.689
<v S1>that it's really worth doing. And there's great resources online.

0:18:29.900 --> 0:18:32.210
<v S1>If you go to tenants of Victoria over in Victoria

0:18:32.480 --> 0:18:34.790
<v S1>or the New South Wales Tenants Union, if you're in

0:18:34.790 --> 0:18:39.170
<v S1>New South Wales, they have these great factsheets and guides

0:18:39.170 --> 0:18:41.300
<v S1>about what you should do and what you can do

0:18:41.660 --> 0:18:44.090
<v S1>when you want to actually take that step about going

0:18:44.090 --> 0:18:47.270
<v S1>to the tribunal. It's just so worth doing and it's

0:18:47.359 --> 0:18:48.679
<v S1>much easier than you would expect.

0:18:49.070 --> 0:18:51.649
<v S2>And then those decisions are binding, You know, whatever they

0:18:51.650 --> 0:18:52.990
<v S2>decide is what you have to pay.

0:18:53.000 --> 0:18:55.040
<v S1>Yeah, pretty much. So they can, if they decide in

0:18:55.040 --> 0:18:57.590
<v S1>favour of you, they can go, Well, all right, Your

0:18:57.590 --> 0:19:00.260
<v S1>rent is said at this. This is your rent. Or

0:19:00.560 --> 0:19:03.980
<v S1>they can say, okay, well the landlord now can't increase

0:19:04.010 --> 0:19:06.260
<v S1>rents for another 12 months. They can impose all these

0:19:06.260 --> 0:19:09.560
<v S1>orders on the landlord which you know, they have to

0:19:09.560 --> 0:19:11.119
<v S1>abide by. So it's pretty good.

0:19:11.540 --> 0:19:12.800
<v S2>And how long does it take?

0:19:12.830 --> 0:19:15.050
<v S1>They're pretty fast moving. I think it like you can

0:19:15.050 --> 0:19:16.880
<v S1>be locked up in it for a few number of months.

0:19:16.940 --> 0:19:19.189
<v S1>But I believe that whilst you're in the process of

0:19:19.190 --> 0:19:21.919
<v S1>taking someone to a tribunal, the landlord can increase your

0:19:21.920 --> 0:19:24.710
<v S1>rents during that time. So while your so there's sort

0:19:24.710 --> 0:19:27.050
<v S1>of this sort of amnesty period, I believe, where like

0:19:27.050 --> 0:19:29.930
<v S1>if you're sort of currently taking a landlord to speak

0:19:29.930 --> 0:19:32.420
<v S1>out or in cat, they can't during that time be like,

0:19:32.420 --> 0:19:34.550
<v S1>well I'm still trying to increase your rent. So it

0:19:34.560 --> 0:19:36.109
<v S1>sort of puts a bit of a stopper on the

0:19:36.109 --> 0:19:37.790
<v S1>whole thing, which is can be quite useful for a

0:19:37.790 --> 0:19:39.800
<v S1>lot of people. But keep in mind that if one

0:19:39.800 --> 0:19:42.200
<v S1>of the main reasons why you're sort of arguing for

0:19:42.350 --> 0:19:44.840
<v S1>like a no rental increase is because you can't afford it,

0:19:44.840 --> 0:19:50.149
<v S1>they don't typically, I believe, take into account your income

0:19:50.150 --> 0:19:52.520
<v S1>when it comes to deciding these cases. Usually it's sort

0:19:52.520 --> 0:19:56.510
<v S1>of all the external factors, so that maybe that's a

0:19:56.510 --> 0:19:58.700
<v S1>lot of like the number one reason maybe why like

0:19:58.700 --> 0:20:01.040
<v S1>I wouldn't say don't do it, but it just means

0:20:01.460 --> 0:20:02.869
<v S1>just keep in mind that that's not going to be

0:20:02.869 --> 0:20:06.919
<v S1>something they're going to be considering whilst deciding for or against.

0:20:07.160 --> 0:20:09.290
<v S2>Is the tribunal also some way you can take a

0:20:09.290 --> 0:20:12.679
<v S2>landlord if they're like not repairing things around the home

0:20:12.680 --> 0:20:15.410
<v S2>or they're trying to like evict you because they're selling

0:20:15.410 --> 0:20:18.110
<v S2>the property, what is that the place to go for,

0:20:18.160 --> 0:20:20.600
<v S2>to protect against those other sort of issues that tenants

0:20:20.600 --> 0:20:21.050
<v S2>also have?

0:20:21.050 --> 0:20:23.600
<v S1>Yeah. Like, you know, if your there's a bunch of

0:20:23.600 --> 0:20:25.520
<v S1>sort of factors that come into into play here but

0:20:25.520 --> 0:20:28.970
<v S1>like if you're not getting any repairs done or if

0:20:28.970 --> 0:20:31.369
<v S1>the landlord is selling the home or trying to evict

0:20:31.369 --> 0:20:33.980
<v S1>you and they're not following all these proper procedures, like,

0:20:33.980 --> 0:20:35.629
<v S1>you know, you can take them to be cut out

0:20:35.630 --> 0:20:39.109
<v S1>and cut and, you know, challenge them over this. Like,

0:20:39.109 --> 0:20:40.700
<v S1>you know, there's a lot of like, this is where

0:20:40.700 --> 0:20:42.740
<v S1>I recommend people go online and look at these resources

0:20:42.740 --> 0:20:45.379
<v S1>that I mentioned earlier in terms of tenants Victoria and

0:20:45.560 --> 0:20:48.500
<v S1>New South Wales Tenants Union, because they run through all

0:20:48.500 --> 0:20:52.340
<v S1>the things, all your rights in these situations in terms

0:20:52.340 --> 0:20:55.940
<v S1>of like repairs, urgent repairs, non-urgent repairs, all that sort

0:20:55.940 --> 0:20:57.920
<v S1>of stuff. Like for example, I was reading a story

0:20:57.920 --> 0:21:00.990
<v S1>the other day about someone who took their. Landlord to

0:21:00.990 --> 0:21:03.340
<v S1>the tribunal because they had not done any repairs on

0:21:03.340 --> 0:21:06.010
<v S1>the property for years and was being treated really awfully.

0:21:06.400 --> 0:21:08.020
<v S1>And not only did the landlord then have to go

0:21:08.020 --> 0:21:10.780
<v S1>and do the repairs, the tribunal found in favor of

0:21:10.780 --> 0:21:14.080
<v S1>the tenant and they got $10,000 in compensation. So you'd

0:21:14.080 --> 0:21:16.240
<v S1>like compensation is another thing that you can get from

0:21:16.240 --> 0:21:18.260
<v S1>going to the tribunals. So the bottom line is like

0:21:18.280 --> 0:21:21.189
<v S1>the tribunal is your friend. Don't get daunted by it.

0:21:21.190 --> 0:21:22.990
<v S1>It is, you know, it's where you should be going.

0:21:22.990 --> 0:21:25.300
<v S1>If things are if things are going great at your

0:21:25.300 --> 0:21:28.000
<v S1>at your property, it's very rent a friendly. So give

0:21:28.000 --> 0:21:31.920
<v S1>it a crack. So our listener question of the week

0:21:31.920 --> 0:21:34.919
<v S1>is from Carissa, who says that for many years she's

0:21:34.920 --> 0:21:37.890
<v S1>written an annual budget and she's recently graduated that two

0:21:37.890 --> 0:21:40.260
<v S1>a monthly spreadsheet which she hangs up on a noticeboard

0:21:40.260 --> 0:21:42.810
<v S1>in a kitchen. She was always under the impression that

0:21:42.810 --> 0:21:44.669
<v S1>it was better to do an annual budget rather than

0:21:44.670 --> 0:21:49.020
<v S1>a monthly one, because each month is different. But they

0:21:49.020 --> 0:21:51.419
<v S1>find themselves that they keep adjusting in different amounts in

0:21:51.420 --> 0:21:53.520
<v S1>their phone notes as the cost of living goes up.

0:21:53.640 --> 0:21:57.659
<v S1>The situation changes. So they curious about this, the thoughts

0:21:57.660 --> 0:22:01.500
<v S1>on an annual budget versus a monthly budget. And just

0:22:01.500 --> 0:22:04.500
<v S1>there's never been a better question for you to answer

0:22:04.859 --> 0:22:07.890
<v S1>in terms of budgeting. So run run wild with it.

0:22:08.130 --> 0:22:12.359
<v S2>I may have gone through the reader email inbox, then gone.

0:22:12.630 --> 0:22:15.870
<v S2>I'm going to talk about this for 20 minutes, but

0:22:15.869 --> 0:22:19.770
<v S2>thank you, Chris. It is a great question and my

0:22:19.770 --> 0:22:22.980
<v S2>answer is always do both. But, you know, I think

0:22:22.980 --> 0:22:25.500
<v S2>people are looking at their budgets, you know, like I

0:22:25.500 --> 0:22:27.990
<v S2>used to be this weird person who tracked my spending

0:22:27.990 --> 0:22:30.179
<v S2>and tried to figure out if I had a budget surplus.

0:22:30.480 --> 0:22:34.200
<v S2>This is actually becoming critical for everyone, whether you're a renter,

0:22:34.200 --> 0:22:37.680
<v S2>facing those rent increases or dealing with the interest rates

0:22:37.680 --> 0:22:40.500
<v S2>going up almost every month. And so people are like,

0:22:40.500 --> 0:22:42.179
<v S2>how do I write a budget? And the thing I

0:22:42.180 --> 0:22:45.060
<v S2>see with budgets is people sort of sit down and go, Oh, okay,

0:22:45.060 --> 0:22:50.010
<v S2>I've got my rent, some food, electricity, my phone bill and,

0:22:50.010 --> 0:22:52.560
<v S2>you know, maybe 100 bucks for eating out. And they

0:22:52.560 --> 0:22:55.409
<v S2>just fail to capture so many of the expenses that

0:22:55.410 --> 0:22:58.830
<v S2>do actually come up and hit more irregularly, like the

0:22:58.830 --> 0:23:03.150
<v S2>water bill or, you know, servicing your car once a year,

0:23:03.750 --> 0:23:06.780
<v S2>going getting an annual skin check or whatever those sort

0:23:06.780 --> 0:23:09.960
<v S2>of big lumpy expenses are. So I do encourage people

0:23:09.960 --> 0:23:12.210
<v S2>to try and sit down and figure out over a

0:23:12.210 --> 0:23:16.200
<v S2>12 month period what is everything that can come up

0:23:16.200 --> 0:23:19.350
<v S2>for me. And you would be surprised. And people are

0:23:19.350 --> 0:23:21.720
<v S2>not going to be perfect at doing this. And so

0:23:21.720 --> 0:23:25.500
<v S2>tracking your spending at that monthly level so you're aware

0:23:25.500 --> 0:23:26.940
<v S2>of what is coming in and you're going to find

0:23:26.940 --> 0:23:28.920
<v S2>one month. You know, you put your car in for

0:23:28.920 --> 0:23:31.649
<v S2>service and you need new tires. How you know, how

0:23:31.650 --> 0:23:34.650
<v S2>on earth is that a representative month for me? So,

0:23:34.650 --> 0:23:36.869
<v S2>you know, just one month is not necessarily enough to

0:23:36.869 --> 0:23:39.660
<v S2>capture all those extra expenses. And in my book Money

0:23:39.660 --> 0:23:42.270
<v S2>with just I do, you know, run through a complete

0:23:42.270 --> 0:23:45.120
<v S2>checklist of when I went through the ABS data on

0:23:45.119 --> 0:23:49.440
<v S2>household expenditure in Australia, which goes to like 7000 items

0:23:49.440 --> 0:23:51.300
<v S2>or something. And I grouped it all together so people

0:23:51.300 --> 0:23:54.330
<v S2>could go through that checklist. But I think trying to

0:23:54.330 --> 0:23:57.060
<v S2>do both, you know, and and I want to try

0:23:57.060 --> 0:23:59.850
<v S2>and normalize this as much as possible since I started

0:23:59.850 --> 0:24:03.000
<v S2>budgeting like there is just such this wild community of

0:24:03.000 --> 0:24:05.940
<v S2>people who do track their spending, you know, and maybe

0:24:05.940 --> 0:24:08.159
<v S2>it's a privilege that I had previously of being on

0:24:08.160 --> 0:24:10.860
<v S2>a high income. I didn't have to look as closely,

0:24:11.070 --> 0:24:14.609
<v S2>but actually budgeting, figuring out where your money is coming from,

0:24:14.609 --> 0:24:17.310
<v S2>where it is going is a really great skill, and

0:24:17.310 --> 0:24:20.430
<v S2>it's one that people are going to need more, more

0:24:20.430 --> 0:24:23.369
<v S2>than ever. So and I'm just so excited that Chris

0:24:24.060 --> 0:24:26.100
<v S2>has done that. She's hung up on the on the

0:24:26.100 --> 0:24:28.920
<v S2>noticeboard in the kitchen, you know, making it visible as well.

0:24:28.920 --> 0:24:32.580
<v S2>So let's just normalise budgeting. Tom. Let's you know, it's

0:24:32.580 --> 0:24:36.920
<v S2>not I'm not the freak anymore. Yeah, get your budgets on.

0:24:36.930 --> 0:24:38.280
<v S2>You know, we're all doing it.

0:24:38.280 --> 0:24:41.040
<v S1>I think it's interesting that, that you and I in

0:24:41.040 --> 0:24:43.140
<v S1>this podcast, you've got this sort of the hard core

0:24:43.140 --> 0:24:46.320
<v S1>budget in yourself and then me who's just like just

0:24:46.320 --> 0:24:49.530
<v S1>sort of going along with it. So I feel like

0:24:49.530 --> 0:24:52.050
<v S1>we're sort of the angel and devil of, of budgeting.

0:24:52.380 --> 0:24:54.840
<v S1>We're like, and I'm sure one day I'll sit down,

0:24:54.840 --> 0:24:56.490
<v S1>I'll be like, Alright, I'll get some, I'll do it,

0:24:56.490 --> 0:24:58.830
<v S1>just does and get some highlighters that actually planner. But

0:24:58.830 --> 0:25:01.620
<v S1>like for now I'm just vibe and it works, I think.

0:25:01.619 --> 0:25:04.230
<v S2>I reckon there's a lot of people that including you,

0:25:04.230 --> 0:25:06.570
<v S2>that when you roll off your low fixed interest rate

0:25:06.570 --> 0:25:08.940
<v S2>home loan you're suddenly going to go say what now?

0:25:08.940 --> 0:25:11.760
<v S2>How do I find an extra 1500 dollars a month

0:25:11.760 --> 0:25:12.880
<v S2>or whatever? It's going to be done.

0:25:12.930 --> 0:25:15.420
<v S1>But I'm just I'm just pretending that's not going to happen.

0:25:15.420 --> 0:25:17.090
<v S1>I've got to take another year. So I'm like that.

0:25:17.100 --> 0:25:18.180
<v S1>That's fine. It's good.

0:25:18.869 --> 0:25:20.580
<v S2>I'm just looking forward to the vote when you come

0:25:20.580 --> 0:25:23.760
<v S2>to be and just show me how to budget, show.

0:25:23.760 --> 0:25:27.480
<v S1>Me how to show me which highlighters you use. And

0:25:27.480 --> 0:25:30.480
<v S1>just lastly, as always, we've got just this budget tip

0:25:30.480 --> 0:25:32.310
<v S1>of the week, which is food related, I believe.

0:25:33.060 --> 0:25:35.820
<v S2>Yes. Quick tip. And this is when people are adjusting

0:25:35.820 --> 0:25:38.460
<v S2>for their household spending, we're seeing that food is a

0:25:38.460 --> 0:25:40.410
<v S2>big thing that people are really trying to, you know,

0:25:40.410 --> 0:25:42.389
<v S2>not eat out as much and, you know, trying to

0:25:42.390 --> 0:25:45.300
<v S2>save on food costs. So this is my tip is

0:25:45.300 --> 0:25:49.260
<v S2>to know the difference between use by and best before

0:25:49.260 --> 0:25:52.710
<v S2>dates on your food, the one that you really you know,

0:25:52.710 --> 0:25:55.320
<v S2>you should check it out if it's past is the

0:25:55.320 --> 0:25:58.770
<v S2>use by date so donate food that is past the

0:25:58.770 --> 0:26:01.270
<v S2>use by date that is set by you know you

0:26:01.270 --> 0:26:03.630
<v S2>know the Food Standards Australia. And you really should do

0:26:03.630 --> 0:26:07.060
<v S2>that if it's just best before May. That's just a suggestion. Yeah.

0:26:07.260 --> 0:26:09.689
<v S2>Like this would be better if you had eaten it

0:26:09.690 --> 0:26:12.000
<v S2>before this date, but it doesn't mean you can't have

0:26:12.000 --> 0:26:13.949
<v S2>it afterwards. So I just think all.

0:26:13.950 --> 0:26:17.280
<v S1>Systems are scam. The whole thing, the whole this before

0:26:17.280 --> 0:26:19.020
<v S1>thing scam, it's always wrong.

0:26:19.020 --> 0:26:20.939
<v S2>Well, that's the incentive is they want you to be

0:26:20.940 --> 0:26:23.340
<v S2>checking it out and buying new ones. But no best

0:26:23.340 --> 0:26:26.100
<v S2>best before just give a little sniff if it smells.

0:26:26.100 --> 0:26:28.260
<v S2>All right, you could eat it well.

0:26:28.440 --> 0:26:31.140
<v S1>Thanks, everyone, for joining us again. Hopefully you've got some

0:26:31.140 --> 0:26:33.930
<v S1>good tips there on both them. Best before dates and,

0:26:34.530 --> 0:26:38.520
<v S1>you know, rent renting. But yeah, it's been a pleasure.

0:26:39.090 --> 0:26:41.939
<v S2>Yep. Know your rights when it comes to your tenancy and,

0:26:41.940 --> 0:26:43.470
<v S2>you know, get the help that you need if you

0:26:43.470 --> 0:26:46.920
<v S2>are facing one of those massive increases. Thanks, Tom.

0:26:47.310 --> 0:26:48.600
<v S1>Thanks, Jess. See you next week.

0:26:53.290 --> 0:26:55.870
<v S2>This episode of It All Adds Up was produced by

0:26:55.869 --> 0:26:59.530
<v S2>Chee Wong. The information discussed is general in nature and

0:26:59.530 --> 0:27:03.250
<v S2>does not take into account your personal financial situation, goals

0:27:03.250 --> 0:27:06.460
<v S2>or objectives. You should always do your own research or

0:27:06.460 --> 0:27:10.990
<v S2>get professional advice before making any major financial decisions. If

0:27:10.990 --> 0:27:14.139
<v S2>you like today's episode, hit follow in your podcast app.

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0:27:17.500 --> 0:27:20.890
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0:27:20.890 --> 0:27:24.880
<v S2>format at. It all adds up at Nine.com.au. AEW.