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?

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

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

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

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

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

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

  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?

  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?

    Smoke alarm requirement set out is very u. Reasonable. As the land lord a lot of the time the tenant removes the smoke alarm totally. Every time I send tradesman in to check the smoke alarm battery the smoke alarm is either removed or missing. I find landlord spending money on maintaining smoke alarm is a waste of money where 95% of the time is out of our control. The tenant should spend the minimum effort in maintaining the smoke alarm.

  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?

    The word “minor” is open for interpretation. As a landlord I can only agree to alteration from tenant provided they confirm in writing that they will take on the cost to restore to original condition. Other wise this rule favours the tenant to not to be responsible. Which I have experience way too many times.

  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?

    Only wish owner consent first. It is unreasonable for tenant make changes to the property that is specific to their short term needs only. And left landlord with a big bill to restore the property to the original condition.

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

    As a landlord I can only agree to alteration from tenant provided they confirm in writing that they will take on the cost to restore to original condition.

  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?

    All alteration from tenant must be consented by landlord and tenant must confirm in writing that they will take on the cost to restore to original condition.

  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?

    4 weeks bond is too low especially over time cost to tradesman increases. When you take into consideration that tenant don’t pay rent and time takes to take them to tribunal. There is no fund left for the damage repairs caused by tenant.

  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?

    Not reasonable to landlord at all. I have experience way too many unreasonable tenants to know this will either drive landlord to increase rent to cover such cost/risk or drive them to leave property investment all together which will drive up the rental market price.

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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