Are you an experienced operator who’s ever been unsure about the privacy implications under a tenancy? Do you have a new team member who needs to understand the grounds for termination in your jurisdiction? Are you expanding to a new jurisdiction and are unsure of how the laws apply there? If so, this series is for you!
About this series
Australian tenancy law has undergone significant changes in the last two years, including minimum standards, ending of without grounds terminations and regulation of rent charges, amongst many more. The differences by jurisdictions can be difficult to keep up with, as housing providers across Australia face a regulatory environment far different to what it looked like only five years ago.
In this series, we’ll be unpacking a range of topics, including:
- terminating tenancies;
- minimum standards;
- repair and maintenance obligations;
- rents and cost recoveries;
- bond claims;
- privacy requirements and disputes; and
- interactions with human rights laws.
While jurisdictions have aligned on some issues, there are others where there remain remarkable differences, as well as often missed provisions which can be devastating for an unexperienced provider. As each jurisdiction implements changes, it often looks to other jurisdictions in an effort to understand what’s working well and what needs improvements. In each article of the series, we’ll be exploring these differences and what they mean for day to day operations.
Key resources
In every jurisdiction, tenancy law is primarily regulated by the residential tenancy legislation and associated regulations in that jurisdiction. However, overlays of other legislation (including, where relevant, human rights and privacy legislation), as well as requirements of funding requirements, are common and can significantly increase the complexity.
Residential tenancy authorities or commissioners in each jurisdiction are primarily responsible for the maintenance of forms and procedures, general information, as well as certain complaints. Tribunals, or in some case Magistrates Courts, are then generally the first point of call for unresolved disputes, as well as actions for enforcement.
Links to the primary sources for each of these across jurisdictions are below.
Queensland
Legislation: Residential Tenancies and Rooming Accommodation Act 2008 (Qld)
Authority: Residential Tenancies Authority
Tribunal: Queensland Civil and Administrative Tribunal
New South Wales
Legislation: Residential Tenancies Act 2010 (NSW)
Authority: NSW Fair Trading
Tribunal: NSW Civil and Administrative Tribunal
Victoria
Legislation: Residential Tenancies Act 1997 (Vic)
Authority: Consumer Affairs Victoria
Tribunal: Victorian Civil and Administrative Tribunal
Australian Capital Territory
Legislation: Residential Tenancies Act 1997 (ACT)
Authority: ACT Government
Tribunal: ACT Civil and Administrative Tribunal
South Australia
Legislation: Residential Tenancies Act 1995 (SA)
Authority: Consumer and Business Services
Tribunal: South Australian Civil and Administrative Tribunal
Western Australia
Legislation: Residential Tenancies Act 1987 (WA)
Authority: Consumer Protection WA
Tribunal: Magistrates Court (see also Consumer Protection WA)
Northern Territory
Legislation: Residential Tenancies Act 1999 (NT)
Authority: Consumer Affairs NT
Tribunal: Northern Territory Civil and Administrative Tribunal
Tasmania
Legislation: Residential Tenancy Act 1997 (Tas)
Authority: Consumer, Building and Occupational Services
Tribunal: Magistrates Court
Follow along
Properly understanding and complying with these laws is critical to housing providers, but can be challenging even for the most sophisticated. Follow along with series to keep up to date with these topics, gain a deeper understanding of the issues at play, and identify opportunities to address challenges early.
To sign up to our distribution list, or if there’s a situation, topic or area you’d like us to unpack (either one on one, or as part of the series), please reach out to Emile McPhee or click here.
