INTRODUCTION. Felicity Poulter. The Residential Tenancy Amendment Act Anna Hughes. The Rental Deposit Authority

Size: px

Start display at page:

Download "INTRODUCTION. Felicity Poulter. The Residential Tenancy Amendment Act Anna Hughes. The Rental Deposit Authority"

Clinton Shaw
5 years ago
Views:

1 INTRODUCTION Felicity Poulter The Residential Tenancy Amendment Act 2013 Anna Hughes The Rental Deposit Authority The Office of the Residential Tenancy Commissioner

2 What changes under the Act? The establishment of minimum standards for premises Additional responsibilities for the Residential Tenancy Commissioner Clarification of the existing law in relation to a number of matters photographs Change to notice periods Creation of special rules for Social Housing

3 Minimum standard cooking elements - A stovetop with- - At least 2 functioning heating elements, if the premises has 2 or fewer bedrooms; or - At least 4 functioning heating elements, if the premises has 3 or more bedrooms Photographs (section 55A) - An owner of a residential premises must not, without the written consent of a tenant, display to the public a photograph of the premises that displays any object in the premises that may identify the tenant or another person or that belongs to the tenant. 3

4 MINIMUM STANDARDS FOR PREMISES Tasmania is leading the country in this area Intention is to create a base standard for rental housing stock A premises must; Be weatherproof and structurally sound Be clean and adequately ventilated Be connected to a sewer, on-site management system or other council approved system Have hot and cold running water Be connected to an electricity system Contain a separate bathroom and/or toilet Have cooking facilities including heating elements* and an appropriate oven Have adequate heating (not an open fire)

5 There is no certification or auditing system under the Act The new provisions provide a basis for tenant to seek rectification of some issues even if they were present at the beginning of a tenancy. Reports of breaches of minimum standards can be investigated by Consumer Affairs An owner can apply to the Residential Tenancy Commissioner to seek an exemption to a minimum standard. 5

6 ADDITIONAL RESPONSIBILITIES FOR THE RESIDENTIAL TENANCY COMMISSIONER Powers of the Commissioner; Make Determinations regarding bond disputes Determine disputes regarding residential tenancy databases Act to mediate or conciliate disputes regarding boarding premises Determine applications regarding rent increases Determine applications regarding repairs Issue exemptions to minimum standards for premises Issue orders in relation to smoke alarms

7 CLARIFICATION OF VARIOUS MATTERS Definition of renovated and member of the family for the purpose of s.42 Definition of function in relation to essential services (see 33(6) S.31A has been added to ensure repair can also mean replace to the same standard. Owners replace tap washer and tenants replace light globes (except inaccessible ones) Notice to vacate due to sale or transfer only valid if accompanied by evidence (ie sale agreement) Written permission required for publication of photos* The addition of penalties for certain provisions (s.61, 17) Fixed price rental (s.16b) Termination of agreement on the death of tenant or closure order under Public Health Act 1998

8 PHOTOGRAPHS - An owner of a residential premises must not, without the written consent of a tenant, display to the public a photograph of the premises that displays any object in the premises that may identify the tenant or another person or that belongs to the tenant. - This change aligns with Cth Privacy Act principles - There are still potential issues with the accessing of property to take photos where the tenant does not consent. - Victorian Law Reform Commission discussion paper 8

9 CHANGES TO NOTICE PERIODS The key changes are An increase to 42 days notice required for non-fixed term leases where the premises is to be sold, used for another purpose, renovated or used by a family member 42 days notice for fixed term leases where the lease is not going to be renewed or extended 60 days notice in the case of foreclosure or mortgagor sale A Fixed term agreement becomes an agreement of no fixed term on the day after expiry if no notice to vacate or terminate is issued.

10 SMOKE ALARMS Under the Act and Regulations Removable batteries are only allowed until May 2016 Alarms must then be hard wired or powered by 10 year lithium batteries The Commissioner can issue an order for an owner to comply with the provisions Just to reiterate the obligations Owner is required to ensure the appropriate alarms are in place These alarm/s are functional on the first day of the tenancy These alarms are repaired or replaced as soon as practicable after the owner becomes aware that they are no longer functioning

11 Therefore there will be changes to tenancy law for at least the next 3 years In order to manage this change, CAFT will focus on Effective, clear, targeted communications Ensuring staff are trained and confident Creating processes that are sustainable, transparent, efficient and robust Compliance and Enforcement The Act provides options for enforcement and prosecution CAFT is focused on encouraging compliance and raising awareness Prosecution and infringement notices avenue for repeat offenders, extreme cases, in response to systemic problems

12 CONSUMER AFFAIRS ADVISORY LINE

During a tenancy information for tenants in houses and units

During a tenancy information for tenants in houses and units During a tenancy information for tenants Please take a few minutes to read this guide which explains some of the things you need to know when