Submission cover sheet
- Name of organisation or individual making this submission
Questions on possible options
- 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 it is
- Is a mid-2020 date appropriate for commencement of the new minimum standards for rental properties? If not, why?
Yes it is
- Are there other terms in the proposed Regulation that should be defined so that their meaning is clear?
- Does the new standard form of tenancy agreement clearly define the rights and obligations of both landlords and tenants?
- Are there other ways that the standard form of tenancy agreement can be improved? If so, how?
- Are there any other terms that should be prohibited from being included in a residential tenancy agreement?
- Do you agree that these terms should not be excluded or modified by a fixed term agreement of 20 years or more?
- Are there other terms in the Act that should not be excluded or modified in fixed term agreements of 20 years or more?
- Do you think that the proposed condition report is easy to use?
- Should any other features be included in the condition report to help accurately describe the condition of the premises?
- 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?
- Are the prescribed timeframes for disclosing each of the material facts listed under clause 8, still appropriate? If not, why?
- Are the proposed material facts listed under clause 8 too broad or too narrow? If yes, why?
- Are there other types of material facts that a landlord or landlord’s agent should disclose to a prospective tenant?
- Are clauses 9, 10 and 11 still appropriate? If so, why?
- Are there any other charges that should apply to social housing tenants?
- Are there other water efficiency measures that should be prescribed? If so, why?
- Is the newly drafted clause 13 appropriate? If not, why?
- Do the requirements appropriately balance tenant safety with administrative costs to landlords and agents? If not, why?
- Are there other circumstances where repairs to a smoke alarm should be carried out by a qualified professional? If so, why?
- Are any of the smoke alarm repair requirements unclear? If so, why?
- How much notice should a tenant give a landlord to carry out repairs to a smoke alarm, given the need to repair it urgently?
- Do you agree that the prescribed list of minor alterations is reasonable? If not, why?
It is grossly unfair to allow a tenant to make alterations which will act in a physical change to the property. In example, allowing the tenant to make holes in walls is unfair. This allows the tenant, someone who does not own the property, to make alterations which will lead to a cost to the landlord, in who owns the property, if they do not wish for there to be those alterations. It is fair for the tenant to request these "minor alterations" but should be under the soul discretion of the property owner/landlord to accept or dismiss these requests.
- 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?
I do not agree because it should be the soul discretion of the property owner/landlord to make this decision
- Are there other types of minor alterations that should be prescribed, including measures to further improve accessibility for elderly or disabled tenants?
- Do you agree with the list of exceptions? If not, why?
- Are there any other situations where clause 17 should not apply?
- Do you have any suggestions on how the wording and layout of the declaration form could be improved?
- Should the exemptions provided for in clauses 19-26 continue to apply? If not, why?
- Is the new exemption provided by clause 27 appropriate? If not, why?
- Is the new exemption provided by clauses 28 appropriate? If not, why?
- Is the new exemption provided by clause 29 appropriate? If not, why?
- Is the new exemption provided by clause 30 appropriate? If not, why?
- Is the exemption provided by clause 31 appropriate? If not, why?
- Are the timeframes for making applications to the Tribunal adequate? If not, why?
- Is the jurisdictional limit set for rental bond and other matters adequate? If not, why?
The bond amount is too little to justify it covering the cost of damage a tenant is able to make on the property. It is unfair and all to easy for a tenant to take control over a property which is not theirs.
- 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?
- Should an interest rate on rental bonds still be prescribed? Why?
- Are the prescribed savings and transitional provisions appropriate?
- Are any other savings or transitional provisions required?
- Are the changes to penalty amounts in the proposed Regulation appropriate?