Residential Tenancies Regulation 2019

Submission cover sheet

  • Name of organisation or individual making this submission

    Confidentiality requested

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?

    Yes as long as we as agents can gain access to forms online with the new changes.

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

    Yes - to best of my knowledge

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

    part 3 - clause 8 - f - council or police need to tell agents in writing if residential premises been used. Should make it one or other and in writing. Ie. Make the police tell us in writing so no grey area. part 3 - section 14 - whos qualified to replace smoke alarm battery and pretty sure no one has kept instructions. ie you saying electrician required to change a simple battery? Huge cost for landlord. part 3 - section 17 - alterations - secure furniture - who repairs holes left? Tenant can install a camera - to where - could breach neighbors privacy Schedule 1 - standard form agreement - landlord - can we still put C/- Agents address? Schedule 1 - section 17.1 - "reasonable clean" should be professionally cleaned - all one standard

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

    no - as above. Also - allowing tenant to replace window coverings ie curtains and blinds - should be like for like - ie not more holes in walls made and not repaired?

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

    Make it clear who "qualified professional is" for smoke alarms - ie electrician or agent can replace smoke alarm battery. State the specific qualification required. Lots of bad smoke alarm australia companies floating around.

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

    prohibit tenant from replacing an internal window covering without permission form landlord. Prohibit tenant from installing removable outdoors security camera - without permission from landlord. Holes once camera removed - who fills etc be specific. Tenants should also pay on time and in advance for rental payments.

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

    Regardless of length of tenancy - should all have same rules and regulation and all under same act. No special allowance.

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

    Regardless of length of tenancy - should all have same rules and regulation and all under same act. No special allowance.

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

    No - as a landlords agent - who is qualified to say premises are structurally sound etc. Are you saying a building and pest inspection should be required every tenancy? Or every 2 years? Need to be more specific on who can answer for the landlord or are you asking landlords to use the best of their knowledge? No one can see thru walls or hear rats that only come out at night for example.

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

    No - already too much.

  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?

    8 - disclosure to tenants - make it mandatory police inform landlords and their agents of drugs in premises in writing so no grey area lost!!

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

    Yes - I guess - so long so as landlord or agent informed in writing within 72 hours of the incident of drugs etc.

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

    long as agents or landlords are informed in writing - nothing can be taken the wrong way or poorly informed or added to or modified in any way.

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

    Not that I can think of.

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

    9, 10, and 11 - social housing - we as agents dont deal with so not fair to comment.

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

    As above - we as agents dont deal with so not fair to comment.

  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?

    So long as the charges are separate on the bills - ie gas itemized access fee and gas usage if your going down that path - it is not something a landlord or agent has control of. It is the provider of said service.

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

    No - admin cost will quiet significantly increase to landlords for the cost of new forms and the time taken to complete - not to mention explaining to the tenants who most dont understand the way it works now! It needs to be more simple not more complex on condition reports more specifically.

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

    Never seen a smoke alarm repaired - only seen battery replaced or if it doesnt work any more or error with it - it is replaced - nothing to repair! Should be able to replace battery by anyone who is above 18 years of age! Not employ an electrician.

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

    What part of the smoke alarm can be repaired? Can only see the battery been replaced.

  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?

    You have said landlords needs to be "repair" smoke alarm within 72 hours - so Id assume 1 hours notice is sufficient for a tenant who needs it repaired urgently.

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

    No - definitely not. Landlords will end up with holes in walls from securing furniture to walls eg concrete walls cant be repaired. New tenant comes in and new furniture secure marks - will be one big holey wall. Installing or replacing internal window covering -all again different holes in walls and no mention of who repairs holes. Outdoor Security camera is can of worms with privacy of others

  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?

    It should all require landlord consent - after all it is the landlord who owns the property and these will be permanent marks on walls etc left by all different tenants and wont be a pretty look with 5 different tenant changes over time!

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

    No - inspect the property as is. Ask upfront what you wished to be changed so all is on the same page - fair that way. Some changes for new modern property might decrease value by adding bars etc and putting holes in walls etc. Other landlords might want changes made as it attracts an older person etc two sides.

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

    Why should aboriginal housing be any different. Please do no separate - keep all rules the same for all persons - so they too should use online bonds etc. Again with other exceptions - ie refuge etc and life tenancies - please make same rule and regulations under the one act for all.

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

    Yes - no alterations to concrete wall as cant be repaired the same as plaster walls - also does it include a re-paint after the repair has been done at the end of that tenants tenancy or are you allowing multi-pal tenants to make alterations without any issues? ie 5 different tenant holes in different walls as they all had different furniture in different spots

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

    No opinion - havent had to use form before.

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

    No - should be all the same for everyone

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

    No - should be all the same for everyone

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

    We dont deal with social housing so not sure

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

    We dont deal with social housing so not sure

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

    Probably but only if strata looks after smoke alarms - would be hard to keep records of which do and which dont

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

    no- treat all the same

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

    Not sure

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

    Not sure

  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?

    Not sure

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

    No one uses bank account - all gov interest

  39. Are the prescribed savings and transitional provisions appropriate?

    not sure

  40. Are any other savings or transitional provisions required?

    not sure

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

    No idea. Perhaps add strata managers to your list to attack.

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