How Changes to Renting Laws in Australia Affect Tenants and Landlords?

The Australian government introduced residential tenancies or renting laws to help tenants and landlords know everything about their rights, obligations and responsibilities. Earlier, the renting laws were not good enough to minimise rental disputes between these two parties.

Most tenants lost their bond money at the end of the lease, while landlords complained that these laws are especially designed to support tenants. Since the renting laws in Australia are more than 20 years old, the government has encouraged states and territories to review the existing laws and thus, made a few changes to reduce rental disputes.

If you are moving out of a rental premises, contact highly-trained professionals for a thorough end of lease cleaning in Hobart. If you are facing difficulties in getting your bond back, read your agreement or avail rental dispute services to resolve the issue without getting into any legal proceedings.

However, recently, the government has made a few changes to the existing renting laws to minimise rental disputes between landlords and tenants. Each state has their own set of amendments to the residential tenancy laws that came into the effect from 2020.

Since the residential tenancies are the matter of the states and territories, we have explained the amendments to the residential tenancies laws state by state. We will also discover how they affected tenants and landlords.

Let’s Get Started!

Victoria: Amendments to Renting Laws

The Victorian government has reviewed the Residential Tenancies Act 1997 and introduced some changes to support both landlords and tenants. The following changes have started by 1st July 2020:

• The new long lease agreement has been introduced that allows many tenants to stay in their rental property for more than five years.
• The government has removed 120 days no specified reason notice to vacate the property. According to the new changes, landlords have to give a reason mentioned in the Act if they want to end the tenancy. Sample reasons are if the landlord is renovating or selling the property.
• Now landlords won’t be able to end a tenancy after any fixed term. They can only end a lease using an ‘end of fixed-term notice to vacate the tenants.
• A landlord has to provide accurate and honest information related to the rental property.
• Tenants can access the landlord and agent blacklist to identify landlords who have breached their obligations under the Victorian Residential Tenancies Act.
• Tenants can apply to the RTBA (Residential Tenancies Bond Authority) at the end of the lease to get their bond back quickly with or without the consent of landlords. If both the parties agree upon the claim, the RTBA will release the bond 7 days prior to the final move out day.
• Accelerated reimbursement for urgent property repairs.
• Pets are allowed in rental properties
• Tenants are allowed to make minor modifications

For more information on current rental laws and professional assistance, you can visit the Consumer Affairs Victoria Website

New South Wales- Changes to Renting Laws

To support tenancy market in NSW, the government has introduced a package of land tax relief worth $440. The package is evenly distributed between residential tenancies and commercial tenancies.

The best part is that residential property owners and landlords are can apply for a tax waiver of up to 25 per cent of their tax liability 2020 if they give financial relief to their tenants. The rest of the land tax can be deferred for a three-month for those who want concession on land tax.

When it comes to the renting laws changes, the state government has introduced some points that would reduce disputes over property maintenance and repairs. Apart from this, tenants will get protection certainty and improve the tenancy relationship between tenants and landlords. Key Changes to the NSW Renting Laws are:

• Landlords in Sydney, Newcastle and other regional cities of NSW must ensure that their rental apartment/ residential property meet 7 minimum standards for the safety of tenants.
• They must ensure that smoke alarms are installed well and are in working condition, otherwise, they will have to pay the penalty.
• Tenants can install fixtures and make renovations that are minor to enhance the look of their leased property.
• Restricting rent increases to once a year for periodic leases.
• Improved disclosure obligations on landlords, such as disclosure of material facts, developing the remedies for tenants when these obligations are not met.
• NSW Fair Trading can resolve disputed between landlord and tenants. They will investigate the issue and help both the parties.

Queensland: Changes to Rental Laws

The state government introduced new laws for tenants and landlords affected by COVID-19 pandemic on 24th April 2020. These are temporary amendments that are designed only for the novel coronavirus emergency. These laws will last until 31st December 2020. The main objective behind these changes is to keep tenants and landlords safe and in their abodes.

• The government will temporary freeze the evictions if your rental tenancy is affected due to COVID-19. It is a six-month freeze where tenants have to prove their hardship because of this virus. This means they have to meet the set criteria to get the most out of this relief.
• If you and your landlord fail to reach an agreement, you can apply for a conciliation scheme. An experienced conciliator from RTA will come to your place and help you resolve the dispute without any legal proceedings.
• Rent Relief Grant for those tenants who are facing difficulties in paying rents due to COVID-19 pandemic.
• You can end the lease if you are experience any domestic or family violence.
• According to the new laws, a property owner can move into their rental property if required and with the notice. They can virtually inspect the premises as well.

Changes to ACT Residential Rental Laws

The new rental laws come into effect from 1st November 2019. The main objective is to support both the parties and establish a fairer balance between their rights and responsibilities. The key changes are:
• New laws make it easy for tenants to keep pets in a rental property
• Easy to make modifications
• Tenants can end or change their lease arrangements if experiencing domestic violence
• Relief from excessive rent increases
• Local landlords can get land tax rebates, especially those who have reduced the tenant’s rents by 25 % for six months from April 1.

Tasmania Rental Laws Amendments

The Tasmanian Government has deliberately extended the health (COVID-19) emergency period to 30th September 2020. The government has introduced temporary changes to the rental laws, such as:
• Landlord has to serve a notice to vacate for a non-fixed term lease
• A landlord can give a notice to the tenant if he is using the premises for unlawful reasons.
• A landlord or tenancy can apply to the Magistrate Court of Tasmania This will help you terminate the lease agreement due to the domestic violence or bad behaviour.
• Restriction to any increases in rent until 1st October 2020.
• Minimising rent by mutual agreement.

If you are moving out of your rental premises in Hobart, hire the best company for a thorough end of lease cleaning in Hobart to pass the inspection without any dispute.

South Australia Rental Laws Changes

Temporary rental laws have been introduced in South Australia to support tenants and landlords during this pandemic. The new changes are:

• Virtually inspect the rental property due to COVID-19 outbreak
• Tenants are allowed to make minor modifications and repairs.
• Landlords are not allowed to increase the rent
• Easy to terminate a tenancy agreement on the basis of hardship

Changes to South Australia Residential Rental Laws

The WA government has introduced a new set of rental laws to support tenants and landlords during the COVID-19 pandemic. Some of the changes including:

• Ban on evictions for six months, especially whose tenancies are affected by this lethal virus.
• To protect the rights of landlords, tenants can have their tenancy terminated if they are causing damage to the property, or involved in domestic violence.
• Landlords are not allowed to increase the rent during this period.
• Resolve tenancy disputes by applying to the Magistrates Court.
• Encouraging landlords to negotiate the rent for six months if a tenant is facing financial hardships due to COVID-19.

Conclusion

The state governments have introduced these laws to stabilise the Residential Rental Market that has been affected by COVID-19 pandemic. New rentals will support both tenants and landlords, which in turn, minimise the rate of rental disputes. If you are moving out of leased property in Hobart, hire professionals for the best end of lease cleaning in Hobart to pass the inspection with ease.

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