Publications - Property and Development
Changes to Residential Tenancy Laws
March 2019
Snapshot
Major amendments to the Residential Tenancies Act 2010 (NSW) were passed by parliament in October last year. These amendments make changes to the Landlord/Tenant relationships for residential properties and include new protections for victims of domestic violence and new obligations for Landlords to ensure rental properties are fit for habitation.
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What has changed
The first of these changes came into force on 28 February 2019 and protects victims of domestic violence by enabling them to end their tenancy immediately through notice to the Landlord. These reforms also exempt victims of domestic violence for damage done to property by a co-tenant during the commission of a domestic violence offence (the victim would have been vicariously liable for the property damage prior to the reforms).
What will change
From a future date (currently envisaged to be in 2020), rental properties must be fit for habitation under seven criteria outlined in the new legislation. The criteria includes: ensuring the property is structurally sound, adequately lit, adequately ventilated, has adequate plumbing and drainage, is connected to a supply of water and electricity or gas, and contains bathroom facilities that allow for privacy.
The changes also provide new powers to NSW Fair Trading to settle disputes between landlords and their tenants over repairs by legislating for independent inspections and allowing rectification orders to be made.
Other changes proposed for 2020 include:
How does this affect me?
Whether you are a Tenant or Landlord these changes need to be recognised. At this stage only the first set of changes relating to victims of domestic violence are in force with the remaining reforms expected to commence by 2020.
Where can I find more information?
The Residential Tenancies Amendment (Review) Act 2018 (NSW) contains all changes that will come into force in due course. It can be found at https://www.legislation.nsw.gov.au/#/view/act/2018/58/full.
If you have any questions please contact us.
Major amendments to the Residential Tenancies Act 2010 (NSW) were passed by parliament in October last year. These amendments make changes to the Landlord/Tenant relationships for residential properties and include new protections for victims of domestic violence and new obligations for Landlords to ensure rental properties are fit for habitation.
___________________________________________________________________________________________________________________________________________
What has changed
The first of these changes came into force on 28 February 2019 and protects victims of domestic violence by enabling them to end their tenancy immediately through notice to the Landlord. These reforms also exempt victims of domestic violence for damage done to property by a co-tenant during the commission of a domestic violence offence (the victim would have been vicariously liable for the property damage prior to the reforms).
What will change
From a future date (currently envisaged to be in 2020), rental properties must be fit for habitation under seven criteria outlined in the new legislation. The criteria includes: ensuring the property is structurally sound, adequately lit, adequately ventilated, has adequate plumbing and drainage, is connected to a supply of water and electricity or gas, and contains bathroom facilities that allow for privacy.
The changes also provide new powers to NSW Fair Trading to settle disputes between landlords and their tenants over repairs by legislating for independent inspections and allowing rectification orders to be made.
Other changes proposed for 2020 include:
- mandatory set fees for breaking a fixed-term lease early;
- limits on rent increases to once every 12 months for periodic leases;
- a new definition for “separately metered premises” aimed at reducing disputes between tenants and landlords;
- clarifying privacy rules around advertising the property where the tenant’s possessions are visible;
- penalties for Landlords who fail to repair a smoke alarm upon notice from the Tenant; and
- penalties for landlords and agents for not providing condition reports upon tenants commencing at the property.
How does this affect me?
Whether you are a Tenant or Landlord these changes need to be recognised. At this stage only the first set of changes relating to victims of domestic violence are in force with the remaining reforms expected to commence by 2020.
Where can I find more information?
The Residential Tenancies Amendment (Review) Act 2018 (NSW) contains all changes that will come into force in due course. It can be found at https://www.legislation.nsw.gov.au/#/view/act/2018/58/full.
If you have any questions please contact us.
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Tim Masters
Solicitor Bradfield & Scott Lawyers Level 1, 175 Macquarie Street Sydney NSW 2000 Telephone: 9233 7299 Email: tmasters@bradscott.com.au |
John Graves
Principal Bradfield & Scott Lawyers Level 1, 175 Macquarie Street Sydney NSW 2000 Telephone: 9233 7299 Email: jgraves@bradscott.com.au |
