New WA RTA regulations

[thatbum]

I think its now official and public knowledge that the new Act and regulations will be coming into force on 1 July 2013.

I think a lot of new changes in were discussed in some previous threads - the main one being the new compulsory standard lease. I had the benefit of being one of the people who got to preview the regulations and new lease - and there wasn't anything controversial that wasn't already canvassed in the Bill/Act.

I wonder what REIWA is going to do now they probably can't market their standard lease to their members anymore.

 

[redwing]

Just reading this piece

At the moment you can only charge a pet bond if you let a tenant keep a dog or a cat at the premises. When the new laws start, a lessor will be able to charge a pet bond where they allow a tenant to keep any pet capable of carrying parasites that can affect humans. This will not apply to guide dogs that are kept on the premises. As is currently the case, the pet bond may only be used to fumigate the premises

I think Security had been discussed here before

The new laws will require properties to have minimum levels of security installed. The minimum security will relate to door locks, window locks and exterior lights. The security that will be required will be specified in
the Regulations.
You will have two years after the new laws start to make sure their properties comply with the minimum
security requirements.
The Departmentʼs website will contain information about the minimum levels of security once the Regulations have been finalised.

 

[Scott No Mates]

Do the new security provisions mean that an open lean-to is no longer compliant?

 

[Tano]

Where can i read up on these forthcoming regulations? Does anyone have a link?

 

[geoffw]

In WA, when the lease states that the tenant has to lodge a large bond, it's talking about Alan Bond.

 

[MichaelGilbert]

Have a read

Where can i read up on these forthcoming regulations? Does anyone have a link?

Hi Tano,

This is probably what your after.

http://www.commerce.wa.gov.au/Consu...ation/Important_information_for_landlords.pdf

or open the attachment.

 

[Rhinsor]

I think giving the tenants a exit condition report up to 14 days after leaving is far to long.

If they don't agree or want to clean what is said on the report new tenants could already be in.

 

[redwing]

Pet bonds- This will now apply to any pet that carries a parasite that can effect humans.

Fixed term agreements- If you wish for a 12 month agreement and want to increase the rent at a 6 month stage the amount must be specified e.g 400 per week.

Urgent repairs- tenants must notify of urgent repairs as soon as practicable , the landlord must carry out urgent repairs within 24 hours ( for the restoration of essential services) or 48 hours (for all other urgent repairs) if the landlord fails to make arrangements for the repairs to be carried out, the tenant may arrange for the repairs to be made. Both landlords and tenants repairs must be made to the minimum extent necessary with a suitably qualified repairer e.g a handyman cannot attend to electrical or plumbing. The landlord must reimburse the tenant for any reasonable costs.

Inspections- A maximum of routine inspections will be allowed in any 12 month period (this does not included re inspections)

Minimum Security - Main entry door- a single cylinder deadlock (if there is a double cylinder deadlock or lockable security screen compliant with Australian standards already fitted), retrofitting of a single cylinder deadlock is not required.

All other external doors - a deadlock or, if a deadlock cannot be fitted, a patio bolt lock or a key lockable security screen to Australian standards.
Exterior windows- must be fitted with a lock that prevents the window from being opened from the outside. This does not have to be a keyed lock (if there are window security screens compliant with Australian standards already fitted, retrofitting of window locks or latches is not required)
External lighting - a light at the main entry that can be operated from the inside. These will need to meet minimum standards over a 2 year period from the 1st July 2013.

Residential tenancy databases. Notice needs to be given to the tenant if they are going to be listed on the database.

Tenants can only be listed after the tenancy agreement has been terminated and only if the tenant owes more money then the bond held or a court has terminated the agreement.

Listings will be removed of a default tenant after 3 years.

This is only a few main ones

 

[HiEquity]

Where is the exit? I need to quit work so the CGT hit can be dampened a bit!

 

[HD_ACE]

So if you currently have a long lease with rent reviews written in every 6 months???

Void or still valid?

Cheers

 

[Ausprop]

actually I agree with the rent review bit, it's an unfair clause. On a par with the unfairness of a variable mortgage contract... perhaps that can be the subject of some statutory adjustment

 

[thatbum]

So if you currently have a long lease with rent reviews written in every 6 months???

Void or still valid?

Cheers

Current leases are still valid. Any new leases or renewals after 1 July are subject to the new regulations.

 

[HD_ACE]

Current leases are still valid. Any new leases or renewals after 1 July are subject to the new regulations.

excellent.

thanks for that.

 

[Rixter]

Bonds also can now be increased to reflect a rent increase after the initial lease was signed. ie if the rent increases $20 p/w the tenant also has it pay 4 x the weekly rent ($80) increase and its to be added to the initial bond paid at the commencement of the lease.

 

[redwing]

Bonds also can now be increased to reflect a rent increase after the initial lease was signed. ie if the rent increases $20 p/w the tenant also has it pay 4 x the weekly rent ($80) increase and its to be added to the initial bond paid at the commencement of the lease.

Have you not been able to do this prior?

 

[Rixter]

Have you not been able to do this prior?

12 monthly... can now do 6 monthly, so Im told by PM's.

 

[Joe D]

Have you not been able to do this prior?

You can do a Bond Variation at any time when there is a rent increase and whilst a relatively simple process, I have found it to be a PITA (pain in the a**) to do it with every rental change or renewal that I would wait until the rent had increased a significant amount for a particular tenant.

For example , I wouldn't bother for a $20pw increase on a $500 rent, but when the increase has reached $100 then an additional $400 bond (4 x $100) variation is appropriate.

On lower rents, %age wise it may be more appropriate to do it more often.

 

[thatbum]

You can do a Bond Variation at any time when there is a rent increase...

Actually, the answer is somewhere in the middle. You can increase the bond amount once every 12 months, not every 6 months like the rental amount.

http://www.austlii.edu.au/au/legis/wa/consol_act/rta1987207/s31.html

 

[Rixter]

OK. was half asleep when I posted above .....here is the correspondence from PM of changes..

Appears it can be done 6 monthly instead..