The Residential Tenancies Amendment Act 2020
The Residential Tenancies Amendment Act 2020 has brought with it significant changes , and it ' s important tenants understand these changes and how they affect both their rights and responsibilities .
A key component of all successful tenancies is transparent communication , and many of The Residential Tenancies Amendments Act 2020 changes rely on this if they are to be properly handled . Tenants should make all formal requests in writing to create records and a history of communication , and talk openly with their property manager about any request being made .
It is important to remember that many of the changes implemented to the Act require landlord permission before a tenant can proceed to prevent the risk of potential fines being imposed on the tenant , e . g . tenancy assignment or making minor changes .
Some of the key changes implemented by the RTA Act 2020 include , but are not limited to :
Rent increases : Rent increases can only occur once every 12 months and any rent increase cannot occur within 12 months of the tenancy start date or within 12 months of the last increase .
Periodic tenancies : Period tenancies effectively remain the same for tenants , however , the notice periods for either tenant or landlord to end a periodic tenancy have changed , as have some of the reasons required to give notice .
Tenants will be required to give a landlord 28 days ' written notice if they wish to end a periodic tenancy . Landlords must provide clear and specific reasons for any period tenancy to end . These reasons can include , but are not limited to :
• 14 days ' notice
- The tenant physically assaults the landlord or family member
• 63 days ' notice
- The landlord or their family member requires the property to live in
• 90 days ' notice
- The landlord intends to put the property on the market for sale as vacant
- The property has been sold with a requirement of vacant possession
- The landlord intends to carry out extensive renovations at the property
- The property is to be demolished
Tenants should be aware that the changes bring allowances for a periodic tenancy to be terminated upon application to the Tenancy Tribunal in the following circumstances :
• The landlord issues three separate notices for antisocial acts in a 90-day period .
• The landlord issues three separate notices for late rent ( 5 working days +) in a 90-day period .
• The landlord will suffer greater hardship than the tenant , if the tenancy continues .
16