All Topics / Help Needed! / Legislation changes for rental properties

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  • Profile photo of Dave@PIDave@PI
    Participant
    @davepi
    Join Date: 2012
    Post Count: 14

    Hey team,

    I am a property owner but live in a rental. We just recently signed a new lease but it was sent back with an apology and a new formatted lease stating, that due to changes in the legislation, this is the new lease to be used. I am also a land lord, is this something I need to worry about? I read through the new lease and nothing pops out at me?

    thanks

    Dave

    Profile photo of Jamie MooreJamie Moore
    Participant
    @jamie-m
    Join Date: 2010
    Post Count: 5,069

    I doubt it – otherwise PMs  in that state are going to be busy signing up tenants to the new format. Chances are it comes into effect when new leases are issued. In any case, best to suss out with the relevant authority in your state.

    Cheers

    Jamie

    Jamie Moore | Pass Go Home Loans Pty Ltd
    http://www.passgo.com.au
    Email Me | Phone Me

    Mortgage Broker assisting clients Australia wide Email: [email protected]

    Profile photo of Dave@PIDave@PI
    Participant
    @davepi
    Join Date: 2012
    Post Count: 14

    Thanks Jamie,

    I am in WA. It just seems like alot of effort to send back an already signed lease for a new formatted version.

    cheers

    Dave

    Profile photo of Dave@PIDave@PI
    Participant
    @davepi
    Join Date: 2012
    Post Count: 14

    THE CHANGES

    Under the new laws:

    Residential tenancy agreements will be standardised with the option to add any specific clauses to the agreement as long as they don't counteract those in the act.

    Property condition reports must be completed at the start and end of a tenancy.

    Security bonds must be lodged with the Department of Commerce's Bond Administrator.

    Pet Bonds will now include any pet capable of carrying parasites that could affect humans where previously they only included cats and dogs. Like before, Pet bonds may only be used to fumigate.

    Landlords will only be able to inspect their property a maximum of four times in a year and must notify the tenant whether the inspection will be before or after noon.

    Inspections must be between 8am and 6pm on a weekday, 9am and 5pm on a Saturday or at any other time agreed by both parties.

    Landlords will be required to contact a repairer within 24 hours for an essential repair or within 48 hours for other urgent repairs, with repairs to be completed as soon as possible.

    A new minimum level of home security, yet to be finalised by the Department of Commerce, will be compulsory for all rentals and must be put in place within two years of the new laws commencing.

    A tenancy will not automatically end when a fixed term tenancy agreement ends unless the owner or tenant gives the other party 30 days notice.

    Option fees will be capped at either $50 or $100 dollars depending on the rent.

    Only tenants who have breached their lease can now be placed on tenant databases and landlords must inform tenants of which databases they will be checking. If a landlord finds a tenant on a database they must inform the tenant in writing of ways they can get themselves removed from the database.

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    which state Dave?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of RyanJDRyanJD
    Member
    @ryanjd
    Join Date: 2011
    Post Count: 77

    If you signed on or after 1st July you need to use Form 1AA in the link below. If before use the original lease.

    http://www.commerce.wa.gov.au/ConsumerProtection/Content/Property_renting/Renting/Notices.html

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