Residential Tenancies Regulation 2019

Submission cover sheet

  • Name of organisation or individual making this submission

    Acredit

  • Authorised delegate/contact person

    SJBrown

  • Position

    MD

  • Organisation

    Acredit

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?

    Rental increases for 12 month leases should be limited to once every 24 months

  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?

    More tenant friendly in plain english

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

    Timing for a tenant to vacate for no reason should be 8 weeks not 4 weeks

  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?

    No. It is hard to make amendments and not clear where or how to make them

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

    Condition of report should include history of any pest fumigation, and if any pests remain eg germain cockroaches, if a lease is taken up in winter, these pests are not apparent until spring or summer. Landords should pay for profession pest control as it is a health hazard and destroys electrical white goods such as microwaves, fridges, stoves etc. There should be compensation to Tenant also should this occur to eradicate from destroyed furniture and whitegoods by any infestation.

  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?

    Yes

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

    Yes even sooner

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

    Make it clear in plain English, maybe too narrow

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

    Ant infestations, whiteants and black ants

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

    No

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

    No

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

    Tenants should not pay full water bills as they are required to maintain gardens and lawns, there should be an allowance for this where tenants are required to pay the full water bill.

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

    Yes

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

    No, WH & DS should apply

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

    Instead of repairs simply replace them with new ones if faulty

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

    Yes, if it doesnt work just replace it with new ones. Its like a motor bike helmut, if its damaged, then replace it with a new one

  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?

    Against repair, just replace it, Agents should inspect within 24 hours and replace if faulty

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

    Yes, as long as no recourse to tenant

  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?

    Many Landlords object it an unreasonable cost to get tradesmen apart from electricians to repair alterations. Some employ their own handyman which is much quicker and gets the job done.

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

    Railings in bathrooms and stairs

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

    Yes

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

    No

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

    Layout on clear plain English and be fair, not slanted in any way

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

    Yes

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

    Yes

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

    Yes

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

    Yes

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

    Yes

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

    Yes

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

    No, should allow to be done asap so as not to delay release of bond

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

    No , slanted in favour of agent and landlord, if mediation fails after 3 days of lease expiry or vacation. If there is damage (not wear and tear during lease) then opportunity for rectifiction during the final inspection period and with 3 days after.

  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?

    Yes all rental bonds should be refunded in full if rectification occurs eg carpets cleaned, or minor items. Prescribed cumulative amount should be fair and reasonable and tenants and landlords should have equal measure when agents are involved.

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

    Yes , it should be at the long term Commonwealth Bond rate not based on inflation

  39. Are the prescribed savings and transitional provisions appropriate?

    Yes

  40. Are any other savings or transitional provisions required?

    No

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

    Yes unless health issues are concerned

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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