Property Management Update
It has nearly been 12 months since the new legislation in the Residential Tenancies Act came into effect.
We are getting used to referring to Landlords as Rental Providers and Tenants as Renters but sometimes we fall back into old habits! No doubt many feel the same.
Some of the major changes have been as follows.
Giving the Renter notice: Removal of the 120-day notice period for No Reason. Now the only way a tenancy can end for no reason is if a 90 days’ notice is given to End a Fixed term lease. Importantly, this notice can only be given during the first 12 months of a tenancy. Once the 12 months has expired and if the Renter enters a new lease or stays on month by month this notice cannot be used. Other ways to end a tenancy remain such as Sale, Renovation, Landlord Occupying.
Pets: Renters now have the right to keep pets at the property with owners’ approval, and an application to keep a pet cannot be unreasonably refused. If an owner would like to refuse a request, they must apply to VCAT to have the matter heard independently.
Arrears: If a Renter falls 14 days behind in their rent, a Notice to Vacate can be issued, however if the rent is paid prior to a VCAT hearing the notice must be withdrawn. This can happen 4 times in any 12-month period without the Renter being evicted. If the renter falls behind for the 5th time a Notice to Vacate can be issued and we are able to apply to VCAT for a Warrant of Possession.
Rental Providers are required to provide every new Renter with a disclosure statement prior to them starting a lease. We have been preparing these for our clients on their behalf.
Some of the items that need to be disclosed relate to the new minimum standards in Rental properties. Rental Providers must make sure that
Smoke Alarms are fitted in every Rental Property, and these must be checked annually to make sure they comply with safety requirements. We recently changed our service provider to Smoke Alarms Australia who we feel provide a more expert service. As part of being a LongView client we take care of this for you each year unless otherwise advised.
Gas and Electrical Safety Checks must be carried out every two years.
There is at least one working Heater in the lounge room of each property with minimum energy efficiency rating of 2.
All bedrooms and living areas must have curtains and blinds
All external doors are fitted with a locking device that is operated by a key from the outside.
All external windows can be set in a closed or open position and all openable windows can be locked or secured.
On behalf of our Rental Providers, we complete a Rental Minimum Standards Checklist when we inspect our clients’ properties, and we advise if there are any areas that fall short. If you would like to see a copy of this please do not hesitate to contact me.
If you have any further queries, I can be reached on 0416 218 003 | firstname.lastname@example.org