Residential Tenancies Regulation 2019

Submission cover sheet

  • Name of organisation or individual making this submission

    Anonymous

Questions on possible options

  1. Is a 2 December 2019 commencement date for the proposed Regulation and Amendment Act reasonable for industry participants to adjust to the changes? If not, why?

    No, way too soon and i personally dont believe the NSW government has properly reviewed the changes. Some of the changes are just... yet some are borderline ridiculous and create an unjust agreement on the tenants behalf. The NSW government needs to seriously reconsider some of that changes

  2. Is a mid-2020 date appropriate for commencement of the new minimum standards for rental properties? If not, why?

    Definitely not, way too early and given these changes havent been broadcasted anywhere, with the government instead vying for a subtle attempt to slip them in landlords dont have the means to adjust.

  3. Are there other terms in the proposed Regulation that should be defined so that their meaning is clear?

    Every single terms and change needs clarification.

  4. Does the new standard form of tenancy agreement clearly define the rights and obligations of both landlords and tenants?

    The rights of the landlords are severely limited and there are many gaping shades of grey within.

  5. Are there other ways that the standard form of tenancy agreement can be improved? If so, how?

    Stop taking power away from landlords. I personally am not a landlord and have been a tenant most of my adult life and i wholeheartedly disagree with the government opting to remove control from landlords, considering they own the asset, they pay and sacrifice for the asset for the tenant to live in. With these proposed changes going through i am concerned for the state of the rental market and my future within that market. I have never had a problem with a landlord; i have a problem with these changes.

  6. Are there any other terms that should be prohibited from being included in a residential tenancy agreement?

    The tenant shouldnt have any power in change to the property. The lease should be binding with no option to leave early without financial implications or damages paid to landlord. Anything that unjustly provides tenants with non required power needs to be removed.

  7. Do you agree that these terms should not be excluded or modified by a fixed term agreement of 20 years or more?

    Nope, the government once they implement these changes will eventually realise the flaws and the negative impacts it has to the housing and rental market.

  8. Are there other terms in the Act that should not be excluded or modified in fixed term agreements of 20 years or more?

  9. Do you think that the proposed condition report is easy to use?

  10. Should any other features be included in the condition report to help accurately describe the condition of the premises?

  11. For the material fact listed under clause 8(f), are there other instances where a landlord could become aware that the property has been used to manufacture drugs?

    No.

  12. Are the prescribed timeframes for disclosing each of the material facts listed under clause 8, still appropriate? If not, why?

  13. Are the proposed material facts listed under clause 8 too broad or too narrow? If yes, why?

  14. Are there other types of material facts that a landlord or landlord’s agent should disclose to a prospective tenant?

  15. Are clauses 9, 10 and 11 still appropriate? If so, why?

  16. Are there any other charges that should apply to social housing tenants?

  17. Are there other water efficiency measures that should be prescribed? If so, why?

  18. Is the newly drafted clause 13 appropriate? If not, why?

  19. Do the requirements appropriately balance tenant safety with administrative costs to landlords and agents? If not, why?

  20. Are there other circumstances where repairs to a smoke alarm should be carried out by a qualified professional? If so, why?

  21. Are any of the smoke alarm repair requirements unclear? If so, why?

  22. How much notice should a tenant give a landlord to carry out repairs to a smoke alarm, given the need to repair it urgently?

  23. Do you agree that the prescribed list of minor alterations is reasonable? If not, why?

  24. Do you agree with the list of alterations where consent may be conditional on having the work carried out by a qualified tradesperson? If not, why?

  25. Are there other types of minor alterations that should be prescribed, including measures to further improve accessibility for elderly or disabled tenants?

  26. Do you agree with the list of exceptions? If not, why?

  27. Are there any other situations where clause 17 should not apply?

  28. Do you have any suggestions on how the wording and layout of the declaration form could be improved?

  29. Should the exemptions provided for in clauses 19-26 continue to apply? If not, why?

  30. Is the new exemption provided by clause 27 appropriate? If not, why?

  31. Is the new exemption provided by clauses 28 appropriate? If not, why?

  32. Is the new exemption provided by clause 29 appropriate? If not, why?

  33. Is the new exemption provided by clause 30 appropriate? If not, why?

  34. Is the exemption provided by clause 31 appropriate? If not, why?

  35. Are the timeframes for making applications to the Tribunal adequate? If not, why?

  36. Is the jurisdictional limit set for rental bond and other matters adequate? If not, why?

  37. Are there any unintended consequences in prescribing a cumulative amount where an order is made with respect to both a rental bond and another matter?

  38. Should an interest rate on rental bonds still be prescribed? Why?

  39. Are the prescribed savings and transitional provisions appropriate?

  40. Are any other savings or transitional provisions required?

  41. Are the changes to penalty amounts in the proposed Regulation appropriate?

At our discretion we may remove parts of submissions because of length, content, appropriateness or confidentiality (privacy) reasons.

Website https://www.fairtrading.nsw.gov.au

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