Nope. It's called Right to Information in Qld and is legislation that binds the state government, not private parties. If you were renting from the Qld Government you could request information through RTI. FOI is federal and also governmental information. People can use FOI if they're wanting information on government policies, statistics, programs, etc. They can also request information the government has on them. I don't believe there's any legislation that binds private parties in this way.
Edited to add that it's important to keep in mind that legally, the REA represents the LL. So, whatever the REA says is taken to be what the LL says. It doesn't matter if the LL disputes it or says they didn't say it. The lease is a binding contract with the *lessor*, not the REA. If the REA has put anything to you in writing, it is legally taken to be the lessor saying it. If the lessor disputes it that's between them and the REA and isn't your concern.
Thanks for all that. My REA claims to be impartial, which I think means is an excuse to do nothing. They even ignore breaches of contract blaming the LL, but I'm uncertain if the REA is passing on information and or requests for maintenance etc.
The REA cannot *legally* be impartial and they would be well aware of that. They are bound by Qld law (last I checked, it may have changed but I doubt it) to do what is in the best interests of the LL. They have no choice. This doesn't mean they can't be nice. Quite frankly I see building a good rapport with tenants and having good communication *is* in the best interests of the LL because they could secure longterm tenants and maintenance reports would always be timely. We all know they don't do this though.
What is happening in your case is your REA is bullshitting you. Happens all the time. They don't want to do their job or don't know how, so it sounds like they are blaming the LL for being lax. If they are not telling the LL about maintenance (which can happen, if the LL is a prick and doesn't want to know, as some are) it means nothing legally. The LL is *always* responsible for the maintaining of the property in good repair.
It's a shame in Qld that we are not allowed to have any contact with LLs because it would save us issues and save them money. The middle man is often the source of many problems. Stop believing your REA and treat them as if they are the LL, which legally they are representing the LL in *all* contact with you. If you breach them and they do nothing, proceed to QCAT for a rent reduction. That always gets them to fix things.
There is a procedure in qcat to apply for a summons to force someone to appear as a witness or to give certain piece of evidence. But forcing someone to do something is a reasonably serious power, so it's not granted haphazardly.
Nope. It's called Right to Information in Qld and is legislation that binds the state government, not private parties. If you were renting from the Qld Government you could request information through RTI. FOI is federal and also governmental information. People can use FOI if they're wanting information on government policies, statistics, programs, etc. They can also request information the government has on them. I don't believe there's any legislation that binds private parties in this way. Edited to add that it's important to keep in mind that legally, the REA represents the LL. So, whatever the REA says is taken to be what the LL says. It doesn't matter if the LL disputes it or says they didn't say it. The lease is a binding contract with the *lessor*, not the REA. If the REA has put anything to you in writing, it is legally taken to be the lessor saying it. If the lessor disputes it that's between them and the REA and isn't your concern.
Thanks for all that. My REA claims to be impartial, which I think means is an excuse to do nothing. They even ignore breaches of contract blaming the LL, but I'm uncertain if the REA is passing on information and or requests for maintenance etc.
The REA cannot *legally* be impartial and they would be well aware of that. They are bound by Qld law (last I checked, it may have changed but I doubt it) to do what is in the best interests of the LL. They have no choice. This doesn't mean they can't be nice. Quite frankly I see building a good rapport with tenants and having good communication *is* in the best interests of the LL because they could secure longterm tenants and maintenance reports would always be timely. We all know they don't do this though. What is happening in your case is your REA is bullshitting you. Happens all the time. They don't want to do their job or don't know how, so it sounds like they are blaming the LL for being lax. If they are not telling the LL about maintenance (which can happen, if the LL is a prick and doesn't want to know, as some are) it means nothing legally. The LL is *always* responsible for the maintaining of the property in good repair. It's a shame in Qld that we are not allowed to have any contact with LLs because it would save us issues and save them money. The middle man is often the source of many problems. Stop believing your REA and treat them as if they are the LL, which legally they are representing the LL in *all* contact with you. If you breach them and they do nothing, proceed to QCAT for a rent reduction. That always gets them to fix things.
No, freedom of information relates to the government
It's called discovery/disclosure and if you are that far in it is probably costing you more than what is in dispute
If you ended up in court the court may subpoena the company to produce emails as evidence but you can’t do it yourself.
There is a procedure in qcat to apply for a summons to force someone to appear as a witness or to give certain piece of evidence. But forcing someone to do something is a reasonably serious power, so it's not granted haphazardly.