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Sweeping Changes to the NSW tenancy laws

We thought now an opportune time to let you know about some legislative changes which could impact how you manage your property.

Morton & Morton, and no doubt many of you, believe there has been a long overdue need for reform to elements of the current Residential Tenant Act. With a history of bias in favour of tenants and with the 2009 Residential Tenancies Bill substantially shifting the balance of power further in favour of tenants, we are looking for a reform that will see an equal balance between tenants and owners.

After extensive lobbying, REINSW and Morton & Morton are pleased to announce that the NSW Government has listened to our collective concerns and suggestions regarding its draft Residential Tenancies Bill, and that they have been incorporated into the amended Bill as introduced into Parliament. The bill is currently subject to approval by the Upper House and we will ensure all our landlords are notified once the final form of the legislation is known.

What are the proposed key changes?*

Abandoning a proposal to give tenants the right to break a fixed-term tenancy agreement during the fixed term in return for payment of a ‘break fee

Scrapping the compulsory proposal to cap a landlord’s damages (including loss of rent) if a tenant abandoned rented premises, and maintaining the current obligation on a landlord to mitigate their loss in such circumstances

Providing greater certainty for landlords when terminating periodic tenancies

Further limiting the government’s proposals to allow tenants to make ‘minor’ changes to the landlord’s property (e.g. painting is not a ‘minor’ change) or to sub-let the property without the landlord’s consent (which are both proposals that REINSW still opposes in principle and will continue to lobby against).
*REINSW dated 8/6/10

We at Morton & Morton are interested to hear your views on the proposed changes.
REINSW, in conjunction with Morton & Morton and other interested parties, will continue to actively lobby on behalf of members.
 
To view the REINSW submission click here 
To view the proposed Bill click here