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Residential Tenancies Act 2010 - free member session
Change is on the way! Make sure you're ready.

The NSW Parliament has passed the Residential Tenancies Act 2010, which includes some of the most sweeping changes to residential tenancies in decades. The changes will affect the control and management of each and every rented residential property in NSW and will have a profound impact on property managers, landlords and tenants.

During July and August, REINSW has been busy visiting locations across NSW to inform members about the new Act.

If you missed the session, you can view it online by clicking on the images below. Tim Anderson - REINSW's senior property management compliance advisor and trainer - goes through:

  • what is staying the same
  • what has changed
  • what may need to be done to implement the changes once the Regulation is drafted



Watch Part 1 (9:23)

  Part 1 of 9

In this part:
  • Session introduction by REINSW CEO Tim McKibbin
  • Evolution of the Residential Tenancies Act 2010
    • Residential Tenancies Bill 2009
    • REINSW's opposition to items in Bill
  • Expected timeframe for the Residential Tenancies Act 2010 becoming operative
  • Repeal of the Rental Bond Act and incorporation of provisions into the Residential Tenancies Act 2010
  • What proposed changes did not find their way into the final Residential Tenancies Act 2010? (continued in Part 2)
    • A tenant's right to break a fixed-term tenancy in return for payment of a 'break fee'.

 



Watch Part 2 (9:13)

  Part 2 of 9

In this part:

  • What proposed changes did not find their way into the final Residential Tenancies Act 2010?
    • Power of CTTT to decide "on the circumstances of the case" removed from most of the Act, virtually eliminating impact of Swain's case
    • Agents not required to issue receipts for cheques and post them to tenants within seven days
    • Proposals to allow tenants to make 'minor' changes to the landlord's property limited
  • Premises excluded from the ambit of the Residential Tenancies Act 2010
    • Boarding and lodging accommodation
    • Student accommodation (more detail is expected in the Regulation)
    • Holiday rental accommodation of less than three months 

 



Watch Part 3 (9:32)

  Part 3 of 9

In this part:

  • Residential Tenancy Agreement and Condition Report
  • Penalties against agents for breaches
  • Preparation fees no longer chargeable to tenants
  • Prohibited terms (continued in Part 4)
    • Cannot require tenant to pay for professional carpet cleaning at end of tenancy
    • Cannot require tenant to take up insurance

 



Watch Part 4 (8:35)

Part 4 of 9

In this part:

  • Prohibited terms
    • Cannot exempt landlord from any liability for actions and omissions by the landlord, the landlord's agent or any person acting on behalf of the landlord
    • Tenant cannot be required to pay rent to end of fixed-term tenancy where they break the lease
  • Professional carpet cleaning where landlord allows tenant to keep an animal on the premises
  • Condition Reports
    • Format of Condition Report
    • Condition of premises
  • Landlord's statutory obligations regarding health and safety of premises

 



Watch Part 5 (8:56)

Part 5 of 9

In this part:

  • Rental bonds
    • Bonds limited to 4 weeks, regardless of whether premises is furnished or unfurnished
    • Permissible for bonds to be paid by installment
    • No provision for 'top up' of bonds
    • Can account for bonds withing 10 days of end of month
  • Water usage
    • Can only collect cost of water usage where water efficiency devices fitted
  • Alterations, additions and renovations (continued in Part 6)
    • Tenant must make formal application to landlord
    • Landlord cannot unreasonable withhold consent to alteration, addition or renovation of 'minor' nature

 



Watch Part 6 (9:13)
 

Part 6 of 9

In this part:

  • Alterations, additions and renovations (continued in Part 7)
    • Tenants' remedies if landlord withholds consent
    • Circumstances in which CTTT may hold that the landlord's withholding of consent is reasonable

 



Watch Part 7 (9:28)

Part 7 of 9

In this part:

  • Alterations, additions and renovations
    • Landlords' remedies
  • Sub-letting
    • Greater flexibility to sub-let part of the premises or being in extra co-tenant
    • Landlord may not unreasonably withhold consent

 



Watch Part 8 (8:33)

Part 8 of 9

In this part:

  • Service of notice
    • More options in relation to service of notice
  • Termination by landlord at end of fixed-term lease
    • Increased from 14 days to 30 days
  • 'No grounds' termination notice to tenants no longer in a fixed-term lease
    • Increased from 60 days to 90 days

 



Watch Part 9 (7:41)

Part 9 of 9

In this part:

  • Notification to tenant of landlord's intention to sell property
  • Wrap up