Residential Tenancies Amendment Act 2019
The Residential Tenancies Amendment Act 2019 addresses a number of longstanding issues faced by both landlords and tenants , particularly in regard to unlawful dwellings , careless damage and tenant liability , and landlord insurance requirements .
The key changes brought in by the Act are as follows :
• Addressing the liability for damage to a rental property caused by a tenant
• Bringing in new requirements for landlords to include an insurance statement in every tenancy agreement and provide policy details to tenants , if requested
• Updated regulations around methamphetamine contamination in rental properties
• Strengthening the law for holding landlords to account if they rent out unsuitable properties that may be classed as unlawful for residential use . This includes giving Tenancy Services the ability to take enforcement action against landlords who rent properties which don ’ t meet minimum standards .
Careless damage and tenant liability
These changes aim to encourage tenants to take proper care of rental properties while making
sure they are not liable for excessive costs . They are also designed to ensure , as much as possible , that landlords are not out of pocket for careless damage to a rental property .
Landlord Insurance
If landlords have insurance , they must provide their insurance information in any new tenancy agreement , including whether the property is insured and if so , what the excess amount is .
This ‘ insurance statement ’ in the tenancy agreement must also inform the tenant that a copy of their insurance policy is available upon request .
Tenants in existing tenancies will be able to ask their landlords for this insurance information , and this must also be provided within a reasonable time .
If landlords don ’ t provide this information , or if they don ’ t tell tenants , in writing , within a
reasonable time if any information changes , they may be liable for a financial penalty of up to $ 500 .
Insurance companies will not be able to pursue tenants on the landlord ’ s behalf for the cost of damage unless the damage was intentional or the result of an act or omission that constitutes an imprisonable offence .
If tenants damage a rental property as a result of careless behaviour , they will now be liable for the cost of the damage up to a maximum of four weeks ’ rent or the landlord ’ s insurance excess , whichever is lower .
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