Tenant ‘blacklist’ raises privacy concerns

Photo: RNZ.

Hundreds of property managers across the country are signed up to a private social media page where landlords blacklist tenants despite the claims of bad behaviour being unverified and some posts potentially breaching privacy rights.

The Facebook page 'Bad Tenants' has come under fire for landlords posting the identities, passport details and photographs of tenants to its more than 3400 followers.

Property managers from throughout the country and at every level within the industry are looking at the social media posts.

Renters United spokesperson Robert Whitaker says this is deeply worrying.

"Property managers are shortlisting by any mechanism they can. If they have to choose between 20 people, if the name's familiar because they have been seen in this group, they are going to be struck off."

He says while a property manager may not be consciously using the list, it can create unconscious bias.

Too often, people are discriminated against because of their ethnicity, name, a disability or their appearance, he says.

The Property Management Institute of New Zealand declined an interview but in a statement says it does not endorse members joining these pages.

It has reminded members they should be following established vetting processes rather than engaging in online and unverified gossip, it says.

RNZ contacted some of the big firms, whose members are subscribed to the page.

Harcourts turned down an interview.

In a statement, Ray White says it does not support the use of unregulated platforms or pages and that should evidence be provided that a franchisee has breached the privacy rights of any tenant it would investigate this.

It says Facebook groups have no affect on its existing tenant application, vetting and selection process.

Barfoot & Thompson agreed to an interview.

Its general manager of property management, Samantha Arnold, says she was not aware their members were signed up to this Facebook page, but that she does not believe it has been used for vetting tenants.

"If it is for vetting, it is not ethical and it's definitely not something we would want to be using for verification, at all."

Staff have been asked to quit the page immediately, she says.

"A bad tenant could be just someone's opinion, and it could be just a clash with the owner. That's exactly why we wouldn't rely on someone else's information, because it's opinion at the end of the day, rather than fact. We would much rather see a tribunal report to see if there have been any rent arrears."

But Rob Whitaker says merely telling property managers to stop using the pages does not address the real issue.

"What this shows is there is no ethical base to these companies. Their individual agents should already have enough professional ethics to know joining these groups is totally inappropriate. Saying 'we're telling our members to leave that group' doesn't address the broader problem of ethics in this industry."

He says he wants to see managers reporting inappropriate posts online.

The property management industry is barely regulated.

But prior to last year's election, the Labour Party promised to introduce a code of conduct for the industry.

In a statement, the Ministry for Housing and Urban Development says work is underway on this and the minister will be given advice in the coming months.

In the meantime, the Privacy Commission will be cracking down on information sharing in the rental market.

Privacy Commissioner John Edwards says landlords and property managers hold more power in the current rental market, and they must act carefully.

"It can effectively lock people out of the rental market on the basis of information they don't know even know a prospective landlord has access to. That would be unfair.

"We do see cases where people can be tainted by an association with a co-tenant or abusive partner and that can marginalise people who are vulnerable and disempowered."

Edwards says tenants are entitled to know what information a group or landlord has about them.

If the landlord or group does not hand it over, or destroys it, that could be a criminal offence.

Edwards says the Privacy Commission's focus will be ensuring a high standard of compliance within the sector.

-RNZ/Eva Corlett.

9 comments

More Landlord Bashing

Posted on 04-02-2021 08:46 | By Johnney

You want finance to buy a house, car, boat then you need to jump all the hoops required. The government has just made it harder to get rid of tenants so are there really any surprises here. The harder the government makes it for Landlords then this is reciprocated when Landlords select respectful and responsible tenants.


A must list

Posted on 04-02-2021 08:46 | By Angels

This should be nation wide. Why would we not expose people who are totally irresponsible. They need to be held accountable. The courts etc do nothing for the landlords. $1 a week in some cases. Time for people to be held more accountable to protect the innocent landloards


Hmmm

Posted on 04-02-2021 09:12 | By Let's get real

With a government that has removed the ability to claim repairs and maintenance costs against taxes, is it really any wonder that property owners should seek responsible tenants and refuse tenancy to those that cause issues...? We are currently in a situation where apparently there isn't enough housing and yet we're experiencing an influx of returning New Zealand nationals and still allowing migration into the country. Surely it's not unreasonable for property owners to be super cautious about whom they house with a government that appears to not want landlords to recoup losses from property damage and definitely not make a small profit from their risky investment into rental property.


Tom Ranger

Posted on 04-02-2021 10:28 | By Tom Ranger

Excellent. The people on these lists can go to you guys then.... Let's see how they go aye? I bet they are real angels.


So what?

Posted on 04-02-2021 10:40 | By jed

Many people think they can destroy other peoples property and evade paying rent. I sympathise with tenants who are mistakenly or maliciously put on this list - there are also some shocking landlords. Perhaps the list should be run by an independent agency, for fairness. But govt is too much on the side of tenants for that to happen.


Love it

Posted on 04-02-2021 10:55 | By Slim Shady

I do enjoy the woke brigade jumping up and down trying to stop freedom of thought and opinion. They cannot bear anyone who does not follow the prescribed doctrine. Distraught that 1 person in 1000 may get unfairly blacklisted. The other 999 are on for good reason. Life is sometimes unfair. They won’t be satisfied until it’s like North Korea.


A Tenant’s Opinion

Posted on 04-02-2021 12:34 | By Mommatum

As a life long renter I support the right of landlords to protect their interests in this way, especially as this government has stripped away former tax breaks and legal recourse against bad tenants. I’ve avoided being blacklist material by the simple application of personal responsibility ie keeping rent up to date/communicating with landlord if a problem arises, looking after the property and being a good neighbour. As a result even in these tough times I’ve never had difficulty finding a rental. Aside from the few innocent parties who may end up on a list “by association” it’s up to tenants to make a good impression. As for privacy ‘concerns’ how about some concern for a change for property owners who are good enough to provide places for people like myself? It’s high time privacy and other “rights” based laws stopped siding with wrongdoers.


It's easy.

Posted on 04-02-2021 14:21 | By morepork

Don't get on the list. Having said that, if you do, it should be possible to get off it. (This might require independent regulation of the list, as Jed suggested.) And, despite the Real Estate agent's considering that a good tenant is one who pays the rent (there's more to a good tenant than that), you can't expect Landlords to provide properties when people destroy them. Of course they will use every means they can (and their agents will too) to identify risky tenants. There are good and bad landlords and tenants. Until housing supply even starts to meet demand, it is going to be hard on everyone. Don't get on the list. Communicate with your Landlord if you have difficulty, as Mommatum said.


Tom Ranger

Posted on 04-02-2021 14:54 | By Tom Ranger

@Mommatum. Thank you for your income and sound reasoning. I'm not a land-lord but if I was...I'd scramble to get a tenant with this responsible attitude. Legislation from Govt regarding housing has been skewed too far left and most reasonable people are starting to see this for what it is. Govt exploitation of both Land-lords and Renters.


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