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?

    Yes

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

    Yes

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

    No

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

    Yes

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

    I dont like the term "install or replace" when discussing minor alterations. If this is a home that the land lord will want to move back in to, and the tenant decides to just replace for eg. window furnishings....the landlord now has no recourse. There needs to clarity in why they were being replaced. If they are irreparable i agree but change for the tenants taste is not right. The tenant agrees to rent the home, any changes rather than a repair need to be approved by the land lord.

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

    I also dont like the fact that some bodies have the option not to have to lodge a bond with the rental bond board...this should be compulsory as they are a neutral body and it ensures every tenant pays the bond in the same way.

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

    Yes

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

    No

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

    Yes

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

    No but photos are a must to be included.

  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?

    yes

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

    they are fine

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

    no

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

    n/a

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

    no but they should still need a bond lodged with the rental bond board

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

    no

  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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