Update – Draft Residential Tenancies Regulation 2010

The draft Regulation as previously advised was released for public consultation and EAC is currently preparing a submission to Government. The outcomes of this submission will not be known until the end of October at the earliest. A start date is therefore unlikely to be before mid December.
Below is a summary of key elements contained in the draft regulation, of which a number have also been identified for comment in our submission.
EAC will be delivering comprehensive training on the changes. In order to ensure the maximum benefit to agents, the training dates will be advised when the consultation outcomes are known. Do not compromise with early training.
Disclosure to prospective tenants
Prospective tenants must be told of any serious crime committed at the premises, if the property is being sold, if there is legal action pending to repossess the property or any serious health or safety risks at the premises, such as lead paint or asbestos.
Tenancy agreements and contact details and changes
The landlord’s contact details to be provided to the tenant even if the landlord has an agent.
Breaking a lease early
The residential tenancy agreement includes an optional term – ‘Break Fee’ that provides for the early termination of the fixed-term.
Additional term – Pets
The residential tenancy agreement includes an optional term that if the landlord consents to pets then the tenant agrees to have the carpet professionally cleaned at the end of the tenancy.
Water efficiency
  • water efficiency measures required in order to charge tenant water usage
  • landlords have 12 months to carry out work for existing tenancies (if they wish to continue to charge the tenant for water usage).
The prescribed standards are as follows:
  • internal cold water taps and single mixer taps with a maximum flow rate of nine litres per minute;
  • showerhead(s) with maximum flow rate of nine litres per minute; and
  • no leaking taps at the start of tenancy.
The draft condition report includes an appendix if the tenant is to pay water usage charges.
Ending a tenancy
If a termination notice is given by a landlord, on grounds other that ending a fixed term, the tenant is not liable to pay rent for any period after the tenant vacates and before the termination date.
Monetary limit of jurisdiction of Tribunal
The amount prescribed for compensation is $15,000 or $30,000 in relation to a bond.

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