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Contact new tenants ex landlord to sell them Property Management services?

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  • Contact new tenants ex landlord to sell them Property Management services?

    I've been asked by an experienced BDM trainer to contact all private landlords that have just lost a tenant to us. Idea being they their details are on the application so I ring them and ask if we can manage their place and get a tenant.
    Has anyone looked into this and whether this is a privacy issue - that even if they have given name as reference I would be contacting them for another purpose?
    I have doubts but am told its fine. Hmm.

  • #2
    Hmm sounds dodgy to me. There are 12 general principles of the Privacy Act, and what you have been asked to do goes against at least 4 of those principles that I can see:

    Principle 1: Purpose of collection of personal information.
    An agency may only collect personal information where it is needed to perform a function or activity of the agency.
    [In this case, the personal information was collected for the purpose of a tenant reference check - nothing else]

    Principle 3: Collection of information from subject.
    The agency must take all reasonable efforts to ensure the person is aware that the information is being collected, what it will be used for, the recipients of the information, whether the supply of the information is voluntary or mandatory, the consequences of not providing the information and the person’s rights of access to and correction of the information.
    [In this case, I assume the landlord was never told that the information could be used to spruik for business]

    Principle 9: Agency not to keep personal information for longer than necessary.
    The agency must not keep the information for any longer than it is needed for the purposes for which it was collected.
    [In this case, assuming the landlord has already provided a reference for their previous tenant, their personal (and contact) information should have been discarded]

    Principle 10: Limits on use of personal information.
    Information collected for one purpose must not be used for any other purpose. There are exceptions: for example, where the agency reasonably believes the individual has authorised the further use, or that the information was from a publicly available publication.
    [In this case, the landlord's contact information was collected for the purposes of gaining tenancy references, NOT for the purpose of soliciting for business]

    I believe this BMD trainer is on the wrong side of privacy laws here.


    • #3
      Simon, thank you so much for your detailed reply. Good thoughts.


      • #4
        Rather than cold calling, much better to just get referrals from your current raving-fan landlord clients on your books.
        Gary Lin Property Coaching


        • #5
          agree. Hmm...not my idea but being rather pushed into it.