A Bad Landlord Database?

Should Australia have a bad landlord database? In my view, that question should be answered in the affirmative. I have looked at various examples of bad behaviour from failing to disclose pertinent information about a property and evicting tenants to avoid increasing rent by reasonable amounts.

Some of these issues are so common-place and so normalised, society doesn’t really view these as problems to be solved. But trust me, every time you walk past a broken cupboard door the landlord absolutely refuses to fix, this is a problem.

The current law of tenancy is all about protecting the investment of the owner. This is wrong. It should also be about protecting the rights of tenants. Properties aren’t just profit-making machines, they are homes. Maslow's hierarchy of needs emphasises shelter is a basic psycho-social need. But we don’t really see this theory of psychology in the twists and turns of tenancy law. I don’t think the law does fusion well. Well, not like I do pineapple-vodka fusion anyway.

Classical liberal theory focusing on a person's right to life, liberty and property should be understood in light of the aspirations of all human beings and not just the owners of property. Article 17 states: (1) of the International Convention of Civil and Political Rights (1966) states 'No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home...'

The law of tenancy would look very different if respect was given to a person’s privacy, family and home. These are my questions. Would we have such liberal rules as to open house inspections if the privacy of tenants was respected? Would we have such liberal rules as to no-ground evictions if the family was respected? Would the law of tenancy be in such a terrible state if the right to a home was respected?

And honestly, the sentiment of giving ‘mom and pop’ investors a break doesn’t hold much water with me particularly if their conduct impacts on ‘mom and pop’ tenants. Maybe we should respect the body of law we know as tenancy by calling it the law of the home instead. Differential treatment does not give effect to the principle of equality under law. 

Human rights law is about devolving power to the level of the individual. If we perceive tenancy law to be a matter of human rights, and it is reinterpreted in light of Australia’s human rights obligations, power will be taken away from landlords. For this reason, they will not support such developments and will mount a vehement resistance.

And of course, landlords and agents have residential tenancy databases. Problems with these commercially-operated databases are well documented. In between frantically writing essays for my post-graduate studies, I will take an in-depth look at such issues.

Transparency and accountability furthers the interests of all tenants. One can draw an analogy between landlords and businesses. Businesses operate with a view to making profit. But businesses must comply with legal obligations. Landlords rent out properties to tenants with a view to making profit. The reality is we would not have housing if landlords were not motivated by profit to build and rent out properties. But they can and should do so, while respecting the rights of tenants. And really in most situations, the difference is not between profit and no profit, but big profits and smaller profits. By way of illustration, the implementation of health and safety measures might represent a cost, but it must be considered a necessary and incidental cost of renting out properties. The right to live in a healthy and safe environment is simply non-derogable.

Someone said to me, a bad landlord database will never work. It’s a real shame that 'can’t', 'shouldn’t' and 'won’t' are not part of my vocabulary. It is true landlords have too much power in the market place. At this point in time, there are historically low vacancy rates in Australia. A desperate tenant may have to accept an offer, but at least they would do so forewarned and forearmed. A bad landlord database would also highlight, as never before, the problems tenants experience dealing with landlords and property managers.

And it is true most tenants are too scared of retaliation to complain. But there are tenants out there that will not put up with and will speak up about unacceptable conduct. The mere availability of a database would represent a shift in the zeitgeist.

It is time. It is time for change. If the state chooses not to intervene and protect tenants in vulnerable situations, there must be another answer. In the information age, that answer is found on the digital highway.