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New ACT Legislative Assembly motion seeks to allow prospective renters to request a landlord reference

Sydney comedian Tom Cashman's TikTok asking a landlord for a reference went viral, and inspired an ACT Labor politician to introduce the motion to the Legislative Assembly. (Supplied)

If you rent in Canberra and have found yourself frustrated by or unsure about your landlord, that could be set to change.

ACT Labor MLA Michael Pettersson is introducing a motion to the Legislative Assembly to allow prospective renters to request a landlord reference, inspired by a TikTok video.

Last month Tom Cashman, a Sydney comedian with a substantial following on the video-sharing platform, shared his experience asking a potential landlord for a reference from a previous tenant.

"I've had pretty bad experiences with landlords generally, mainly around bonds," he told ABC RN Breakfast of the reasons behind his request.

"I've been charged $100 for a 'pest investigation'. I asked for evidence and got sent a picture of four ants on the kitchen bench.

"So I … asked for one thing that they usually ask of us, and they had what I would describe as a bit of a hissy fit."

Mr Pettersson said after seeing Cashman's videos he felt landlord references could help ensure Canberrans living in rental properties have the same quality of life as those who owned their homes.

As house prices in the ACT soar and many Canberrans are forced to lease homes, he said it had created an information imbalance between tenants and their landlords.

"I'm a renter myself and I would like the ability to provide information to future tenants about my experience with the landlord," Mr Pettersson said.

"About a month ago [Cashman], tongue-in-cheek, actually asked his prospective landlord for a reference and, of course, his application was then denied.

"But it's spawned the idea and has been talked about right across Australia."

If the motion is passed, prospective renters in Canberra would have the right to request a landlord reference from a previous tenant, detailing their treatment by the landlord.

Landlords would be required to comply with that request.

Small change could shift the power imbalance: Pettersson

Under the current system, landlords are able to request a large amount of information about prospective tenants, such as their employment, income, rental history, and personal references. 

Mr Pettersson said this information imbalance was the main thing his Legislative Assembly motion hoped to rectify.

ACT Labor MLA Michael Pettersson says as a renter he has experienced first hand the power imbalance between landlords and their tenants. (ABC News: Tegan Osborne)

"Landlords know everything about a tenant; they know their income, employment, rental history and personal references," he said.

"This is a simple change that will help address the power imbalance that exists between landlords and tenants."

But ACT Liberal MLA Mark Parton criticised Mr Pettersson's motion, calling it a "joke" and expressed shock that the Legislative Assembly would debate the issue.

"At such a time that our housing crisis, with a rental vacancy rate of 0.4 per cent, when people are sleeping in their cars and leaving town, this is the best that Mr Pettersson can come up with?

"This is rubbish. It's based on a Tom Cashman joke online, and I'm just staggered that we are going to be in the chamber debating this."

Mr Parton said the motion was not one his party was opposed to on principle, but he felt it was a less important issue in the face of Canberra's housing crisis.

"We certainly should be doing everything that we can to make sure that landlords are providing better properties, but right at the moment our focus is on landlords providing any properties at all," he said.

"Landlord accountability will always matter, [but] this issue has not been raised with me by anybody.

ACT Liberal MLA Mark Parton called the motion a "joke" given the current housing crisis in Canberra. (ABC News)

Incentive for landlords to show tenants dignity and respect

Mr Pettersson said that while the motion might seem like a small change, it would incentivise landlords to treat renters with more dignity and respect.

He also said it would help renters gain some insight into things like how the property would be maintained.

Property maintenance in rentals — including potentially lifesaving appliance repairs like smoke alarm checks — are the responsibility of the landlord, making their response time to tenant requests important.

Cashman's TikTok video suggested landlord references were a good way to gauge whether a landlord was responsive to tenant requests, and whether they would adequately care for the property.

The motion will be debated by the Legislative Assembly this week.

"The motion also calls for the ACT government to reaffirm its ongoing commitments to protecting the rights of renters in the territory," Mr Pettersson added.

"[It] calls for the government to investigate how we could implement this and will report back before the end of the year.

"I'm confident that the government will be able to find a way to implement a rental reference system of some sort — what that looks like right now, it's a bit early to say."

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