Residential Tenancies Regulation 2019

Submission cover sheet

  • Name of organisation or individual making this submission

    John Mooney Real Estate

  • Authorised delegate/contact person

    Jacinta Kelly

  • Position

    Licensee in Charge

  • Organisation

    John Mooney Real Estate

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?

    Reasonable provided at least 42 days notice is given for Landlords and agent to be organised

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

    Appropriate provided more information is provided at least 6 months prior of what format and process will be for Landlords to give the statement

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

    What qualifications are required for a "qualified professional" to service and repair smoke alarms? Not defined in the regulations What will the format be for Landlords to make a statement under Section 19?

  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?

    Explanation on Giving notices electronically - which documents is the Landlord agreeing to being served electronically, and why? Notices to Landlord, or tenant? And how does the agent obtain this consent from the Landlord?

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

    No

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

    What terms? Unclear question

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

    What terms? Unclear question

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

    Most of it. We have concerns regarding Other Safety issues. Is a qualified tradesperson required to check these safety items? Agents should not be expected and held responsible for safety issues they have no qualifications to answer these questions - absolutely ridiculous

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

    Entrance and hall should be separate More bedrooms should be added More living areas should be added eg. family room, 5th bedroom, rumpus room

  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, provided the owner has owned the property for this time, otherwise are they still accountable for this time frame?

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

    How is the Landlord supposed to gain the information under d, e & f regarding the conviction of a prior tenant? Is it the Landlords responsibility to follow up court proceedings? That is ridiculous.

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

    No. But we would like clarification on how the material facts are to be disclosed to the tenant. Should they not be listed in the RTA for complete transparency?

  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?

    N/A

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

    No, except the tenant must be aware that any leaking taps must be reported immediately if a rebate on water charges is requested by the tenant

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

    Not really appropriate - cant see many circumstances at all where this would apply

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

    What requirements? Unclear question

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

    All repairs to smoke alarms should be carried out by a qualified professional. OFT needs to define qualified professional properly. The regulations are still too ambiguous regarding who may change batteries etc, however if there is a fire and someone is hurt or dies, the responsibility still comes back to the agent and Landlord. Just change the legislation to qualified professionals only, define this term, and protect all parties from legal ramifications.

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

    VERY UNCLEAR -see above. What is a qualified professional? Where is the agent or Landlord supposed to obtain the instructions for every smoke alarm? And why would the instructions specify that a qualified professional could not install or replace the battery? Tenants should not be allowed to touch the smoke alarms at all - if they tamper with them or stuff up the battery replacement who is held responsible? As usual it will be the agent or the Landlord.

  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?

    The tenant should have a legal responsibility to report immediately. The Landlord should be required to repair in 72 hours.

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

    Yes agreed

  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?

    Yes agreed

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

    Not that we can think of

  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?

    Not that we can think of

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

    We assume you mean the DV declaration by competent person? If so No, but question is unclear

  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?

    No. Why should government agencies not have to provide an approved from? Also where is the proposed approved from? Its difficult to comment on it when it has not been provided.

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

    N/A

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

    N/A

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

    N/A

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

    N/A

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

    Yes, in the most part. However, why should the tenant have 6 months after the end of a tenancy to apply to dispute what happened with their bond? Agent and Landlord have 30 days, which is adequate for both parties.

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

    See above regarding tenant. Tenants should not be able to claim their own bonds before the end of a tenancy, which is happening frequently, without the RBB even checking of the tenancy has ended which is ridiculous.

  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?

    N/A

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

    Not applicable to us

  39. Are the prescribed savings and transitional provisions appropriate?

    Need to be clarified - very unclear

  40. Are any other savings or transitional provisions required?

    N/A

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

    N/A

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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