Updates to the Residential Tenancies Act were first passed on 30 July 2019 and came into effect on 27 August 2019. The amendment introduced and refined several areas of renting agreements for both landlords and tenants.
Liability for damage to rental properties caused by a tenant:
In the event a tenant or their guests damage a rental property as a result of careless behaviour, the tenant will be liable for the cost of the damage up to a maximum of four weeks’ rent or the landlord’s insurance excess, whichever is lower.
Insurance statements:
Landlords will need to provide insurance information in any new tenancy agreement, including whether the property is insured. The statement in the tenancy agreement must also inform the tenant that a copy of their insurance policy is available on request. Landlords who don’t provide this information, or if they don’t tell tenants, in writing, may be liable for a financial penalty of up to $500. Tenants on existing tenancies will be able to ask their landlords for this insurance information, and this must also be provided within a reasonable time.
Contamination of premises:
Landlords can now test for methamphetamine in rental properties while tenants are living there after providing at least 48 hours notice to tenants before entering the property. For boarding house tenants, they must provide at least 24 hours notice before entering the boarding house room. Landlords will have to tell the tenant what contaminant they are testing for and share the test results with the tenant within seven days of receiving them. Landlords will not be able to knowingly rent premises that are contaminated above the prescribed level without decontaminating in accordance with the regulations. If they do so, they will be liable for a financial penalty of up to $4,000.
Unlawful residential premises:
Landlords must meet all legal requirements relating to buildings, health, and safety that apply to the premises. They must also ensure that their property can legally be lived in at the start of the tenancy. Previously, tenants who lived in premises such as converted garages, sleep-outs, warehouses or industrial buildings were not always protected by the Residential Tenancies Act. The new Act amends the definition of “residential premises” so that regardless of whether premises can be legally lived in, if they are lived in or intended to be lived in they will be considered residential premises under the Residential Tenancies Act.
