Residential Tenancies Regulation 2019

Submission cover sheet

  • Name of organisation or individual making this submission

    Ray White Echuca

  • Authorised delegate/contact person

    Lynn Hall

  • Position

    Director

  • Organisation

    Ray White Echuca

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?

    The minimum standards included in the condition report ask if the property is "structurally sound" and if walls, balconies etc.... "are not liable to collapse..." How is a landlord going to judge this? could it be re-worded to something along the lines of in the Landlords reasonable opinion or judgement? The condition report also asks if the premises has "adequate" lighting, ventilation, sockets etc... I believe the regulations should be more explanatory around what "adequate" means and is it intended to be adequate for the size and age of the property or adequate for the number of people residing in the property.

  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?

  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?

    Can it be inserted that where tenants install a childproof lock to an exterior gate they are required to provide the landlord/agent with an access device (key etc...) where applicable. In relation to replacing window coverings it would be beneficial to include words to the effect of "of similar standard or weight" to reduce the likelihood of block out coverings being replaced with sheers etc... Could the term "qualified tradesperson" be clarified. For example could a maintenance person change a shower head for a hand held shower head or would it need to be a registered plumber or builder? In relation to installing fly screens and garden modifications could this be adjusted to include wording similar to "in fitting with the aesthetics of the property".

  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

©