Residential tenancies new laws

From 23 March 2020, new residential tenancies laws commence which are aimed at improving tenants’ renting experience while ensuring that landlords can effectively manage their properties.

According to NSW Fair Trading, the changes to the Residential Tenancies Act 2010 and the new Residential Tenancies Regulation 2019 will reduce disputes over repairs and maintenance, increase protection and certainty for tenants, clarify the rights and obligations of tenants and landlords and improve transparency between these two parties.

Key changes include:

  • NSW landlords must ensure that their rental property meets 7 minimum standards to be ‘fit for habitation’
  • new and improved disclosure obligations on landlords and their agents, including disclosure of material facts, and strengthening the remedies for tenants when these obligations aren’t met
  • landlords must ensure that smoke alarms are in working order. A penalty will apply for landlords who don’t comply
  • making it easier for tenants to install fixtures or make alterations, additions or renovations that are minor
  • mandatory set fees when a tenant breaks their lease will apply to all new fixed-term agreements that are 3 years or less
  • limiting rent increases to once every 12 months for periodic (continuing) leases
  • new powers for NSW Fair Trading to resolve disputes between tenants and landlords. This includes powers to investigate and issue rectification orders to require landlords to carry out repairs and maintenance, or tenants to fix damage.

More information is available on the NSW Fair Trading website www.fairtrading.nsw.gov.au