Changes To Tenancy Laws Which Will Affect Landlords

Jesse Verdichizzi — Thu, 27 Feb 2020 23:35:59 +0000

CHANGES TO TENANCY LAWS WHICH MAY AFFECT YOUR PROPERTY

WHY THE CHANGES WERE MADE?

132 new reforms will be implemented by July 2020, with the aim to increase the protection for renters. Consumer Affairs Victoria will oversee implementation of the new laws, including further consultation to develop regulations and guidelines.

HOW THE CHANGES WERE MADE?

The reforms respond to extensive community feedback during the Victorian Government’s Fairer Safer Housing consultation to review the Residential Tenancies Act 1997. More than 4,800 public comments were received from a wide range of people and organisations.

WHAT ARE THE CHANGES WHICH WILL AFFECT MY PROPERTY?

We have put together a summary of the changes to the tenancy regulations which may affect you as a landlord or tenant.

Landlords must provide each renter (tenant) with a free set of keys to access the property.
Tenants will be allowed to make minor modification without their landlord’s consent.
Renters can keep pets at a rental property with the written consent of the landlord.
A landlord will not be able to increase rent more than once every 12 months under any type of tenancy agreement.
Excessive utility bills; where a renter has received an excessive utility bill attributable to a hidden fault (such as a leaking water pipe), the rental provider must pay for the costs that exceed the tenant’s ordinary usage amounts.
Landlords will no longer be able to issue a ‘no specified reason’ notice to vacate, which means the 120 day notice to vacate will no longer be accessible.
Urgent repairs will now include repairs or replacements relating to air conditioning, safety devices and any fault or damage which makes the property unsafe or insecure, including pest infestations, or mould or damp caused by or related to the building structure. Rental providers must then pay back renters for the cost of urgent repairs (or replacement if the fault cannot be repaired) within seven days of the renter giving written notice of the reasonable cost of the repairs.
Long term leases; Renters and rental providers (landlords) can enter a fixed-term rental agreement for longer than five years. They must use the prescribed form to do so.
Rental Property Minimum Standards; Rental providers must ensure that the property complies with minimum standards before a renter moves in. If a property does not comply with the minimum standards, the renter can terminate the rental agreement before they move in, or they can request an urgent repair. These minimum standards are will be set in April 2020 following public consultation in November 2019 through Engage Victoria.

These minimum standards include;

– Working deadlocks on all external entry doors (excluding screen doors or where heritage regulations may not allow it).

– Toilets in good working order, correctly connected to sewage systems.

– Kitchen facilities with sink, oven and cooktop in good working order.

– A reasonable supply of hot and cold water for any laundry facilities in the premises.

– Heating in a main living area of houses or terraces by July 1, 2020 – this must be energy efficient if installed after this date.

HOW VERDI PROPERTY MANAGEMENT CAN PROTECT YOU AND YOUR PROPERTY?

At Verdi Property Management, our approach is built from our own experience as property investors. We strongly value professionalism and integrity which helps us form quality relationships with our rental providers and renters. With building quality relationships with not only our clients but also renters, ensures the property management process is concise and efficient. Our team have a firm understanding of property and with our exclusive and defined management processes we provide our clients with a comprehensive property management service.

We welcome you to experience our consistent and quality property management service and become our valued client.

Our agency is undertaking all the necessary training to ensure our clients will meet all the new tenancy reforms. If you have any questions about a particular reform, please feel free to contact your property manager for more information.

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Who is responsible for property maintenance?

Jesse Verdichizzi — Wed, 06 Nov 2019 22:34:28 +0000

wHO IS RESPONSIBLE FOR PROPERTY MAINTENANCE?

An important topic for discussion of many property owners at the moment is – “Who is responsible for property maintenance issues”. If you are a rental provider, it is very important is determine who is responsible for different types of maintenance.

Before a tenancy begins, the property owner must ensure the premises meets all requirements and in a reasonable state of cleanliness and repair.

During a tenancy, the renter is responsible to report any maintenance issues as well as keeping the property reasonably clean at all times. At the end of the tenancy, the renter must ensure the property in a similar condition to how it was at the start of their tenancy, taking into account normal use (fair wear and tear).

The three main areas of maintenance that can cause disputes between rental providers and renters.

MAINTENANCE ISSUES INSIDE THE PROPERTY

During the tenancy, the landlord or property manager must keep the premises in a reasonable condition and comply with Victorian building and tenancy laws. The Landlord/ property manager are responsible for the upkeep of the property unless the tenant have intentionally or neglectfully damaged it.

Generally, mould found at the property is the responsibility of the renters, unless it was caused by faults in gutters or other fixtures which were pre-existing at the property. The renter must ensure that there is adequate ventilation in each room to avoid mould issues, which are typically found during the colder months of the year where moisture can build-up inside the property.

The renters are generally responsible for basic household maintenance, like replacing light globes, vacuuming, cleaning windows, dusting and removing cobwebs inside and out.

MAINTENANCE ISSUES OUTSIDE THE PROPERTY

Unless otherwise stated in the rental agreement, the renter is responsible for garden maintenance, such as mowing, weeding and pruning.

If the renter becomes aware of any potential damage to any parts of the exterior of the property such as gutters or a water leak, the tenant must advise property manager immediately. If the damage is apparent and the renter fails to report it within a reasonable time frame, the renter may be liable for any damage costs.

The rental provider is usually responsible for maintenance of any garden reticulation system, tree lopping, cutting back overhanging branches (such as those near power lines or guttering).

MAINTENANCE FOR SWIMMING POOLS AND SPA'S

If the rental property has a swimming pool or spa, the renter is usually responsible for keeping the pool or spa or any associated equipment in a properly, treated and in a clean condition unless otherwise stated in the rental agreement.The renter must also observe all legal requirements relating to pools or spas during the period of the tenancy.

The rental provider and property manager together are responsible for ensuring the pool or spa is ‘child safe’ and complies with pool safety standards and requirements. If the renter becomes aware of any safety concerns relating to the swimming pool or spa, they must report these concerns to their property manager as soon as possible.

At the start of the tenancy, the rental provider and property manager must make sure the water is clean, chemically balanced and the pool and equipment is serviceable. The renter should also be provided with the necessary tools and equipment for day-to-day maintenance, such as vacuums, hoses, brushes and scoops.

Unless your written agreement states otherwise, the renter is responsible for the day-to-day maintenance and upkeep of the pool.

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Renters