Rental Rewards Questions & Answers

Contact your bank and block the merchant. Contact the company and you can get a refund

Rental payment requirements vary from state to state I’m in Brisbane and recently had the ray white office who manages the place I rent send me an email telling me that the way I pay rent is changing and I will be able to participate in an “exciting new rewards program, just by paying rent” In short , if Your tenancy agreement says you pay into the agencies trust account, that’s it end of story, changes to rent payment methods during the life of the tenancy agreement are only by agreement in writing between the tenant and the agency. If you don’t agree then don’t agree. The 3rd party payment systems shift the costs of collecting rent onto the tenant and away from the agency. Why should the tenant have to pay to pay rent. The residential tenancy act is a good reference as is the tenants union who’s website has fact sheets covering this topic. The agency was persistent with me and continued with the badgering,however, just tell them in writing that you do not agree to any change in the rent payment method and that you consider any further contact about this matter to be harassment. That does the trick.

In Victoria "It is illegal for a landlord or agent to charge any sort of ‘administration’ fee’ or ‘late fee’ to process rent payments, even if the rent is late or in arrears." external link  Since contracts cannot override the law, this applies even if you have signed a contract that says you will pay through RR. All you have to demonstrate to your REA is that there is no way to make a payment without them Direct Debiting a fee from your account. If you have already given them Direct Debit details, then you can tell your bank to block any further charges from them.

While it's not illegal to offer RR as an option, it is illegal for the REA to insist you use RR. Insisting on a third party is called "Third Line Forcing" and (from what I've read) it's also illegal in most states unless that third party also has a fee-free method of payment. Cheque is not a fee-free method since it requires a charge by the bank. Cash paid at the REA's office unfortunately fits the criteria, however it's just as inconvenient to them as it is to you and, with the new $10,000 banking deposit limit proposal, unlikely to continue anyway.

Bank payment cards (to allow you to pay by BPay, EFTPOS or Direct Deposit) are not the same as charging through a third-party service such as RR. Some REAs will try to tell you it's the same, but it isn't because with bank payment card there is no fee to the tenant for the service. Bank payment cards also take responsibility for the money in the account. So you should never have to "pay X days early to avoid being late". This is a massive red flag. The date you pay the service your REA tells you to is the date you paid your rent.

Don't fall for the "It's not us, it's the machine that charges the fee." Since they are the agent, they are required to provide a method of payment that is fee-free. Even if it's "just $1.50" and "everyone else does it," it's still illegal. Don't let them steamroll you. It doesn't matter if you stole a single dollar each from a million people, or a million dollars from a single person, it's still theft. (And, I argue, systemic theft is worse as it encourages others.)

If you're not in Victoria, check with your local Tenants Union.

If all else fails, take your REA to your nearest Civil Administrative Tribunal (VCAT in Victoria). It costs them more in time and effort defending such a trivial position than the fees are worth for the entire life of your fixed-term. You also cannot be blacklisted for non-payment if you show that you made a reasonable effort to pay and the REA wouldn't accept your payment. So if you turn up with cash and they turn you away you've made a reasonable effort, take down the name and contact at the REA as proof. (That doesn't mean you don't have to pay your rent eventually, only that it can't be classed as late.)

There are also clauses in the Trade Practices Act that prohibit misadvertising a price. Since they advertised the rent at one price, the product or service must be purchasable at that price. The new tenant laws in Victoria (set to come in in July 2020) make this all clearer, but the meaning has been clear for a while now. The price they listed in the advertisement is the price you must be able to pay.....somehow....without fees.