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13 January 2011 | Clearer rules for landlords and tenants

The Residential Tenancies Amendment Act 2010 has cleared up a grey area in rental housing legislation, meaning that tenants can no longer be kicked out or leave with no notice if their fixed-term tenancy is over.

Key changes in the Act include:

(a) changes to the process for terminating tenancies

Under the old Act, people whose fixed-term tenancies had expired were in a "no-man's land" for three months until they became an open-ended or "periodic" tenant", because during that 90 days there was no minimum-notice period required, meaning tenants could be told to leave, or could choose to leave, with no notice.

The new legislation means that fixed-term tenancies immediately become periodic when they expire, giving much more certainty to everyone.

(b) new rules for tenants

It is now unlawful for tenants to harass neighbours or have too many residents on the property, with a fine of up to $2000.

Tenants who abandon or fail to vacate a property can also be fined $1000.

Tenants will be held more responsible for leaving properties clean and tidy.

(c) new rules for landlords

Landlords are liable for damages of up to $3000 for poor housing, although spurious claims by tenants can result in them being forced to pay for wasting the Tenancy Tribunal's time.

Landlords must appoint a property manager if they are going to be out of the country for more than 21 days.

Landlords can also now dump goods left by a tenant if their market value was lower than the cost of storing and selling them.

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