Changes to NSW Residential Tenancy Law that will affect landlords and tenants

Contents

As the number of renters continues to rise in New South Wales, the NSW Government is pushing through changes to the residential tenancy laws aimed to strengthen the rights of tenants, and encourage long term rental arrangements. These changes will affect landlords and tenants in NSW. NSW Fair Trading is seeking feedback from interested parties about the proposed changes to the Residential Tenancies Regulation 2019. Key changes to the Regulations include:

  • expanding the list of material facts that landlords must not knowingly conceal from a prospective tenant to include drug crimes;
  • establishing a list of minor alterations that a tenant can carry out, where it would be unreasonable for a landlord to withhold consent, and specifying which alterations may be carried out by a qualified person;
  • providing an option for a 5-year fixed term in the standard lease to encourage landlord and tenants to consider longer term leases;
  • providing mandatory terms that cannot be modified or excluded from fixed-term tenancy agreements of 20 years or more;
  • simplifying clauses to make to easier to read and to improve consistency.

We encourage landlords and tenants to consider how the changes might affect them, and participate in the feedback process. The consultation period closes on 2 August 2019. For a full list of the proposed changes, and details about how you can provide feedback, visit NSW Fair Trading’s website.

Lorri Field

Lorri is a director of PDC Law. Lorri combines excellent technical expertise with a common-sense approach to best represent her clients. She is one of few Accredited Specialists in Commercial Litigation in the Illawarra and Shoalhaven. This accreditation is testament to Lorri’s expert knowledge and skill in dealing with commercial disputes. In 2019 Lorri was awarded Regional Lawyer of the Year by Women Lawyers Achievement Awards.

Recent articles

Browse some recent articles from the PDC Law blog.

Understanding Easements and Transfer Duty in Australia: A 2024 Guide

Easements are vital components in property law, providing specific rights of use over land without transferring ownership. These rights are crucial for various needs, such as access, utility passage, and maintenance. Additionally, understanding the implications of easements on transfer duty—a type of property transaction tax—is essential for property transactions in Australia. What is an Easement?…

August 21, 2024
Lorri Field

Unlocking the Potential of Urban Areas with In-Fill Affordable Housing Strategies for 2024

In the quest to address urban housing challenges, in-fill affordable housing has emerged as a beacon of hope, offering practical incentives to developers while fostering sustainable community growth. The State Environmental Planning Policy (Housing) 2021, also known as the Housing SEPP, introduces critical measures to incentivise the inclusion of affordable housing in residential projects. This…

June 11, 2024
Lorri Field

Protecting your Intellectual Property through Trademarks 2024

Registering a trademark is an effective way to protect the value of your intellectual property and your brand. By obtaining legal advice, you can avoid costly mistakes including making a registration too similar to an existing trademark or registering in the incorrect class.What can I register a trademark over? With 35 classes of goods and…

May 13, 2024
Jade Cross
Call (02) 4288 0150 phone