New
Tenancy Laws
The Residential Tenancies Act 2010 commenced on 31/1/11. The new
laws will apply to new as well as existing tenancies.
There are many
changes. Some of the main new areas are:
- Landlords
will need to give tenants more notice to move out - to end a
lease at the end of the fixed term 30 days; and to end a lease
for grounds 90 days
- Landlords
will be able to apply for a Tribunal Hearing at the same time as
giving a termination notice
- The
maximum amount of bond for all properties is 4 weeks rent
- No bond
'top ups' are allowed
- Rented
properties must be water efficient if water usage is to be
charged to tenants
- Notices
can now be hand delivered to letterboxes
- Landlords
must not unreasonably refuse a tenant's request for minor
alterations, such as picture hooks and window locks
- Landlords
can now send a termination notice to people who stay at a
property and who are not on the lease
There are many
changes, and over the coming months we will give more information on
our website. As your agent, we will let you know if are any changes
you have to make or if there is any information you have to give us.
Disclosure to Prospective Tenants
The new Act and Regulations state that landlords must disclose
certain information to prospective tenants before they enter into a
lease agreement. The landlord must disclose:
- any
proposed sale, or draft contracts that have been prepared
- any
mortgagee action for possession of the premises
- if the
premises has been subject to serious flooding or bushfire in the
past 5 years
- if the
premises has been subject to significant health or safety risks
that are not apparent on inspection
- if the
premises has been the scene of a violent crime in the past 5
years
- if
council waste services are provided in a different way
- if the
tenant will not be able to obtain a parking permit
- if there
is a shared driveway or walkway
Failure to
make the required disclosures can result in fines.
Questions and answers
Does the new
Residential Tenancies Act apply to existing leases?
Yes.
Does the new Residential Tenancies Act apply to private landlords?
Yes.
Do existing tenants need to sign new leases?
No.
Disclaimer: This is intended as general information and not advice. Each individual's
situation will vary depending on circumstances and legal advice should be sought
according to circumstances. |
