If you own or rent a home, you should be aware of the Residential Tenancies Act 2010, which was approved by the NSW Parliament on June 17, 2010 and is expected to begin shortly. The act is a comprehensive revision of the NSW Housing Rent Act. While most of the amendments to the 1987 Act favour the tenant, some processes have been facilitated for the landlord. Swaab Attorneys was the highest-ranking law firm and 13th best place in Australia at the 2010 Business Review Weekly Best Places to Work Awards. The company was a finalist at the 2010 BRW Client Choice Awards for Customer Service and was recognized in 2009 as the recipient of the Australasian Legal Business Employer Awards of Choice Awards. The Tenant has entered into a new lease for a two-bedroom apartment in Potts Point. The lease had a one-year contract on July 16, 2018. The rent was $5,518 per month. Section 19, paragraph 2 of the Act states that “the following terms may not be included in a tenancy agreement: tenants must withdraw at their own expense the changes made at the end of the lease.
Amendments to the Residential Tenancies Act 2010 (NSW) (which replaced the 1987 Act) began on March 23, 2020. The new laws perpetuate the tendency to give tenants rights and impose obligations on landlords and their agents. The terms of the standard tenancy agreement cannot be changed (with the exception of leases with a fixed term of 20 years or more – contact your local tenant advisory and interest representation service for more information). If you do not assume your responsibilities, you can be said to have “broken” the duration of the contract. A copy of the full text of the Residential Tenancies Act 2010 can be downloaded from the NSW Parliament website. The period for the termination of a periodic lease for the lessor has been increased by 60 days to 90 days (s85). A tenant may, at the end of the lease, issue notice for a fixed-term contract for one of the following reasons: (a) that the tenant must have the carpet cleaned professionally or cover the cost of such a cleaning at the end of the lease (unless the cleaning is necessary because the animals were kept on site during the lease) (b) that the tenant must take out some form of insurance, i.e. the landlord is responsible for any act or omission by the lessor, the landlord`s broker or a person acting on behalf of the landlord or lessor, i.e. the tenant is required to pay all or part of the remaining rent under the contract if the tenant violates the contract.
, an increase in rent, a penalty or damages for damages, i.e. if the tenant does not violate the contract, the rent is reduced or may be reduced, or if the tenant must or may receive a rebate or other benefit.” “A tenancy agreement must not contain a clause stipulating that the tenant must use the services of a particular person or business to fulfill the tenant`s obligations under the contract.” Except in the case of a lease agreement that is still time-limited, a lessor may terminate a lease with a period of no less than 30 days because the lessor has entered into a contract to sell the property which requires the lessor to give free possession to the buyer (s86). If you are a homeowner, you must be aware of the provisions of the new legislation, including your obligations under a new lease, or if you intend to sell the property while a lease is in place. For more information, please contact Mary Digiglio.