Forrestfield 
Many Australian states have updated their tenancy laws over the last twelve months. Here is a wrap of revised legislation.
South Australia
From July 1st 2024, the following new rules apply for South Australian rental properties:
• Landlords will need prescribed grounds to terminate or not renew a tenancy
• The notice period to end a fixed tenancy will increase from 28 days to 60 days
• Tenants will be allowed to have pets in rental homes (with clear guidelines)
• Tenants’ information will be better protected
• Rental properties will have to comply with minimum housing standards
• Additional options will be provided for victims of domestic violence.
According to the Premier’s office, the changes aim to improve security for tenants facing record low vacancy rates while still ensuring landlords’ rights are protected.
Western Australia
In WA, as of the 29th of July, 2024, rent increases will only be allowed once every 12 months. To add to this:
• For periodic rental agreements (with no end date), a minimum 12-month time frame between rent increases will apply, regardless of when the agreement was signed.
• For fixed term rental agreements signed on or after 29 July 2024, the minimum 12-month time frame between rent increases will apply.
• For fixed term rental agreements signed before 29 July 2024, the minimum 12-month time frame between rent increases will apply once the current fixed term ends.
• To increase the rent, an agent or landlord must provide a Notice to tenant of rent increase (except where the rent is calculated based on the tenant’s income to give at least 60 days’ notice of a rent increase. The notice includes details of the amount of the increase and the day it will take effect.
Other changes include:
• A landlord can place ‘reasonable conditions’ on having a pet – for example a bird must remain in a cage, or the carpets must be professionally cleaned at the end of the tenancy.
• A landlord or agent can use the pet bond in addition to the regular bond to clean mess and fix damage a pet has caused.
• Minor modifications will be allowed in most cases, however tenants must seek permission.
• Disputes over tenants’ rights to have a pet, and make minor changes to a property will no longer have to go to court. The Commissioner for Consumer Protection will hear from both sides and rule on these disputes as an independent authority.
• A streamlined bond release process will be much simpler and prevent disputes from going to court.
Visit commerce.wa.gov.au for more information.
Queensland
Queensland’s Stage Two Rental Reforms came into force in June 2024. There is a long list of changes that include the following:
• Applying rent increase frequency limits. Rents can only be increased once every 12 months. This period attaches to the property, not the tenancy, so the limit applies regardless of whether there is a change of tenant or lessor.
• Banning rent bidding so agents or landlords can’t accept an offer above the advertised price
• Requiring 48 hours notice for entries other than general inspections, safety checks and emergencies
• Protecting renters’ privacy by developing a prescribed form for rental applications and requiring that personal information be stored and destroyed securely
• Limiting re-letting costs based on the time remaining on a fixed-term lease
• Requiring property owners or their agents to pass on utility bills promptly and disclose financial benefits they receive from any rent payment methods they offer
• Giving renters a fee-free option to pay rent and choice about how to apply for a rental property
• Capping all rental bonds and requiring that claims against rental bonds be substantiated.
These are in addition to other reforms introduced in 2023. Future changes may be introduced over the coming months, such as a portable bond scheme, a Rental Sector Code of Conduct and a framework for parties to agree on installing modifications necessary for safety, security or accessibility in rental properties.
New South Wales
In NSW, the Minns Government is attempting to bring in changes, including banning ‘no grounds evictions’ so landlords have to provide a specific and genuine reason for asking tenants to move out.
The Government is also pushing for renters to no longer have to pay for background checks when they’re applying for a rental property.
Victoria
New tenancy laws and minimum rental property standards were introduced in 2021 and there are more potentially to come.
Current standards cover 14 categories including locks, heating, specific requirements for kitchens and bathrooms, natural light, structural soundness and ventilation. If passed, new minimum standards will also mandate the provision of ceiling insulation, draught proofing, hot water efficiency and more.
Other states
In the ACT, new laws have closed a loophole that previously allowed landlords to increase rents beyond the current legal limit if elements of the tenancy change, such as a tenant moving to a month-to-month agreement, or when a housemate moves out. In addition to this, the Housing and Consumer Affairs Legislation
Amendment Bill 2024 delivers on several measures, including:
• Allowing victim-survivors of domestic and family violence to end tenancies quickly and without penalty
• introducing mandatory break-lease fee clauses that limit the amount tenants must pay if they end a tenancy early
• Streamlining rental processes for tenants and landlords in share-housing situations.
Tasmania doesn’t have major changes this year, but up for discussion at the moment are legislation to allow tenants to keep pets in rentals, and to make minor modifications without the landlords’ consent.
Finally, Darwin’s most recent residential tenancy law updates banned rent bidding and extended notice times for lease terminations to 60 days for fixed-term and periodic leases. Landlords can no longer charge fees for lease breaks and compensation for early lease terminations will be capped. Meanwhile, renters must pay four weeks’ rent if they break a lease less than halfway through a term.
