Dear William,

Thank you for your enquiry in relation to rent payment methods for rental
properties in Queensland.

The RTA is unable to disclose information in regards to current
investigations we are conducting. Some information related to previous
prosecutions the RTA has undertaken in relation to offences under the
Residential Tenancies and Rooming Accommodation Act 2008 (the Act) can be
found on our website at:

[1]https://rta.qld.gov.au/Newsroom

In regards to rent payment methods, the tenancy agreement must state the
amount of rent, and when it is to be paid. The method of payment (e.g.
direct deposit) and the place of payment should also be included.

The property manager/owner cannot use rent for any other purpose (e.g. to
cover the cost of damage or repairs); it is an offence to do so.

Ways rent can be paid (listed in the Act):
• cash
• cheque
• deposit to a financial institution account (nominated by property
manager/owner)
• via EFTPOS
• credit card
• payroll deductions (or pension deduction)
• any other method agreed on by the property manager/owner and the tenant
(e.g. rent card)

If the property manager/owner wants the tenant to pay by another method
(e.g. rent card) they must inform the tenant of any costs (e.g. joining
and processing fees) associated with that method and offer at least 2
other listed ways to pay the rent.

[2]https://rta.qld.gov.au/Renting/Starting-...

There is no requirement within the Act that the lessor/agent must provide
a "free" way to pay the rent however the lessor/agent must adhere to the
requirements outlined above. As an example, if the agreement states rent
is to be paid via cheque (which is an approved method), the tenant may
be charged a fee by their bank for the check to be drawn on.

Section 86 of the Act refers to Payment of rent by electronic transaction:
(1) This section applies—
   (a) if a tenant effects an electronic transaction to pay rent to the
account of the lessor or lessor’s agent on a day; and
   (b) does not take any action to defer the payment to the lessor’s or
lessors agent’s account to a later day.
(2) Payment is taken to be received by the lessor or lessor’s agent on the
day the tenant effects the electronic transaction.
(3) Subsection (2) applies even if, because of circumstances beyond the
tenant’s control, the payment to the lessor’s or lessors agent’s account
happens on a later day.

Example:
The tenant uses BPay to authorise payment of rent to be debited to the
tenant’s account on a Wednesday. However, the financial institution,
because of its internal arrangements, does not actually debit the tenant’s
account and credit the lessor’s or lessors agent’s account until the next
day. The rent payment is taken to have been received by the lessor or
lessor’s agent on the Wednesday.
Items 7-10 in the General Tenancy Agreement (form 18A) (your lease)
outlines the terms of your rent payment. Item 8 refers to the day and
period your rent is to be paid for. As an example, if you agreement states
you pay on a Wednesday and you pay fortnightly, as long as you have paid
the fortnight of rent on the Wednesday, even though it may take a few days
for the money to appear in the real estate's account, you have still met
your requirement in paying the rent.

The RTA investigates alleged offences under the Residential Tenancies and
Rooming Accommodation Act 2008 (the Act).

The RTA’s compliance function promotes compliance with the law and
discourages future offending through education and enforcement action.

Some of the offences the RTA can investigate include:
• failure to lodge a bond with the RTA within 10 days of receiving the
bond
• failure to provide a written tenancy agreement
• entry by a property manager/owner without proper notice or consent
• imposing special terms in tenancy agreements that contravene the Act
• providing false or misleading documents to the RTA
• failure to provide a forwarding address if asked in writing at the end
of a tenancy
• ending a tenancy in an unauthorised way (e.g. forcefully evicting a
tenant)

[3]https://rta.qld.gov.au/Investigations/In...

The RTA encourages you and your agent to communicate directly to reach a
mutual agreement with each other about tenancy issues. This is often the
quickest and least complicated way to sort out issues while maintaining
relationships and can prevent disputes. For tips on self resolution please
refer to RTA’s website:

[4]http://www.rta.qld.gov.au/Disputes/Dispu...

My response is based on the information provided in your enquiry. If my
response does not fully address your enquiry or should you have any
further queries regarding tenancy and bond related matters, please contact
the RTA on 1300 366 311 (or +617 3046 5400 for overseas callers).

Yours sincerely,

Cameron Donaghey  | Support Officer | Support Team | Customer Experience
Residential Tenancies Authority | Level 23, 179 Turbot St | GPO Box 390
Brisbane Q 4001
t 1300 366 311 | [5]www.rta.qld.gov.au

***DISCLAIMER***
This information is for general guidance only. It is not legal advice. The
RTA cannot guarantee the accuracy or completeness of the information
provided. For more information refer to Residential Tenancies and Rooming
Accommodation Act 2008.

------------------- Original Message -------------------
From: William [[6]mailto:[FOI #5764 email]]
Sent: Tuesday, 22 October 2019 6:35 PM
To: Privacy E-mail Group Members <[email address]>
Subject: Right to Information request - Mandatory Fees for rent payment -
RTA position

Dear Queensland Residential Tenancies Authority,

I would like to know if any actions have been already taken against Ray
White or LJ Hooker (among others) as some of their agencies are now using
third-party platforms to collect payment and do not offer a free method to
pay the rent. I need to know the position of RTA on this subject and if
any actions are currently in progress.

These real estate companies are providing three ways to pay without using
their platform (like asked by the law) but add conditions. Example for Ray
White: cash payment is possible but only via AUS Post (so fees). They also
offer payment via debit card but it will be treated as a credit card so
you pay fees. I can provide a copy of Ray White Terms and Conditions. In
one word, there is absolutely NO WAY to pay rent without paying fees. It
costs on average $50 per year in fees if you pay your rent weekly.

Also, this platform takes up to 4 days to release the money to the real
estate agent. What is RTA position (and again, any current action in
progress?) about the fact that for a payday on a Tuesday, the real estate
agent ask for a payment on Thursday the week before to make sure funds are
available? They threaten you that even if you pay before the pay date
(direct debit on Friday) it can be marked as 'late payment' if money hit
their bank account on Wednesday because of unusual treatment time from
their platform (so to make sure they do not stress, they ask you to pay
earlier). In the end, the one week in advance you agreed when you signed
the lease becomes two weeks in advance.

The absurdity of the situation is so obvious that I need to know if this
case has been already raised and treated.

Thanks for your answer.

William

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Disclaimer:

Information provided by the RTA is for general guidance only. It is not
legal advice.

Emails and attachments are meant for the named recipient(s). If this is
not you, email the sender and delete both messages. Do not reveal, copy,
distribute or action information in this email. Legal privilege and
confidentiality will not be waived because of a mistaken delivery. Unless
stated, this email represents the views of the sender only.

For more information, read the Residential Tenancies and Rooming
Accommodation Act 2008 (Qld) (the Act). Under section 413 of the Act,
comments or admissions made during a conciliation process are inadmissible
in Court or Tribunal hearing.

The RTA does not guarantee the accuracy or completeness of the information
provided. The RTA cannot guarantee this email is free of errors, virus,
interception or interference.

Do not remove this disclaimer.

References

Visible links
1. https://rta.qld.gov.au/Newsroom
2. https://rta.qld.gov.au/Renting/Starting-...
3. https://rta.qld.gov.au/Investigations/In...
4. http://www.rta.qld.gov.au/Disputes/Dispu...
5. http://www.rta.qld.gov.au/
6. mailto:[FOI #5764 email]
7. https://www.righttoknow.org.au/change_re...
8. https://www.righttoknow.org.au/help/offi...

hide quoted sections

Good afternoon William,

I have received correspondence regarding your request for the RTA’s stance
on third party platforms used for rent payment and subsequent issues that
arise including fees and a requirement to pay rent in advance in a period
when rent has already been paid.

In order to provide a proper response, a thorough investigation of your
complaint should be undertaken by the RTA Investigations Unit. All
investigations conducted are impartial and include offering the other
party involved a right of reply to the allegations made.

I have attached to this email an Investigation Kit. If you wish to make a
complaint, can you please complete the kit in full and provide all
supporting documentation you have available. An investigation case will
then be created for your reference and you will be assigned an
investigator.

The RTA has not previously prosecuted, nor have any upcoming prosecution
matters regarding the use of third party platforms for rent payment.
Information regarding our prosecutions can be found through the RTA
Newsroom webpage [1]https://www.rta.qld.gov.au/Newsroom

I note you have also requested information regarding action taken against
specific agencies using third party platforms for rent payment. The RTA
does not share information on current cases due to confidentiality and
privacy reasons. 

If I can be of any further assistance please let me know.

Kind regards,

Stuart Taylor | Manager | Investigations | Financial & Assurance Services
Residential Tenancies Authority | Level 23, 179 Turbot St | GPO Box 390
Brisbane Q 4001
t 07 3046 5645 | [2][email address] | [3]rta.qld.gov.au

[4][IMG]

Disclaimer:

Information provided by the RTA is for general guidance only. It is not
legal advice.

Emails and attachments are meant for the named recipient(s). If this is
not you, email the sender and delete both messages. Do not reveal, copy,
distribute or action information in this email. Legal privilege and
confidentiality will not be waived because of a mistaken delivery. Unless
stated, this email represents the views of the sender only.

For more information, read the Residential Tenancies and Rooming
Accommodation Act 2008 (Qld) (the Act). Under section 413 of the Act,
comments or admissions made during a conciliation process are inadmissible
in Court or Tribunal hearing.

The RTA does not guarantee the accuracy or completeness of the information
provided. The RTA cannot guarantee this email is free of errors, virus,
interception or interference.

Do not remove this disclaimer.

References

Visible links
1. https://www.rta.qld.gov.au/Newsroom
2. mailto:[email address]
3. http://www.rta.qld.gov.au/
4. https://www.rta.qld.gov.au/Forms-and-pub...