Following up Cheat Sheet One (Residential Tenancies Bill 2010 - Parts 2 through 4) and Cheat Sheet Two (Residential Tenancies Bill 2010 - Part 5) we continue to table the changes below with a review of what's new in Parts 6 through 12.

The Changes

Part 6 Recovery of Possession of Premises

• Where a mortgagee requests an order for possession be delivered by a sheriff's officer, 30 days is provided to the tenant to vacate the premises.
• No rent is required to be paid by the tenant, once an order for possession is issued by the mortgagee. Any rent paid in advance of that date by the tenant must be refunded by the mortgagee.
• Following the issue of an order of possession, a mortgagee may access the property for the purpose of showing prospective purchasers the property, providing reasonable notice to the tenant and at a day and time convenient to the tenant.
• A mortgagee may pursue a new tenancy agreement with the current tenant.
• This particular section of the Act, has effect despite other contracts at law.
• Should a tenant stay in possession longer than the Notice requires, a daily occupation fee is payable and deductable from the bond at the old rate of rent.
• A person or company with superior title may make application for possession through the tribunal.
• Definitions for "disposal notice, perishable goods and personal document" now exist in the RTA.
• A Disposal Notice for the removal of goods other than perishable goods provides 14 days to the previous tenant.
• A Disposal Notice for the removal or personal documents provides 90 days to the previous tenant.
• Perishable Goods may be removed by the agent or landlord without providing notice of same.
• Goods may be stored by the landlord away from the property.
• The landlord may sell the goods if permitted by the former tenant, however the funds must be returned to the tenant if this is what is requested. An occupation fee and costs for the sale of the goods may also be deducted. If there is no word from the former tenant, the landlord may retain the funds.
• The landlord may dispose of the goods if no word from the former tenant or with the former tenants permission but must keep a record of same.
• Disposal of personal documents may be completed by returning the documents to the issuing authority or in any other lawful matter that will not make the documents available to the public.
• A tenant or person who is entitled to possession of the abandoned goods may arrange collection at any time before they are disposed of. A landlord may demand an occupation fee at the time of collecting the goods, but no other fees.
• An occupation fee can not exceed 14 days and is charged at the same level of rent the tenant was paying.
• An occupation fee may only be charged where the quality of goods is sufficient to prevent the landlord from renting the premises.
• Wh ttp://apmasphere.com/javascripts/tiny_mce/themes/advanced/langs/en.js" type="text/javascript"> ere a former tenant dies or abandons the property, the landlord may make application to the tribunal for orders directing any of the following; the removal of goods, the type and sale of goods, an order for the payment of sale of proceeds, any other relevant order.
• A former tenant may make an application relating to goods left at the property where; an owner has not disposed of the goods in accordance with The Act, compensation accordingly, an order for the delivery of goods, reimbursement or any other relevant order.

Part 8 Rental Bonds

• A Mortgagee in possession may exercise the same rights as a landlord with respect to the bond.
• A Bond should not be paid until a Tenancy Agreement is signed.
• Only one bond per property can be requested and paid.
• A bond may now be paid by instalments.
• Lodging a bond that has been paid in instalments has three options;
  • where the bond is received in full within 3 months of the first payment = 10 working days
  • where the bond is not paid in full during the first 3 months = 10 working days or 3 months after the first instalment was received, whichever occurs last.
  • every three months until all the bond is fully paid.
• This does not apply if the rental bond becomes subject to a tribunal Action or becomes refundable.
• Claims for rental bonds without the consent of the tenant now require supporting documents. Completed exit condition report and quotes, invoices or receipts for work claimed.
• Undisputed Bond claims are still paid out where notice of tribunal application is not provided.
• Where a tribunal application has been made in relation disputed bond claims are only paid out by the Rental Bond Board where both parties have signed the bond claim form or by orders of the tribunal.
• An appeal may be made in relation to a Bond Claim to the tribunal despite the fact it may have already been paid out.
• Where a co-tenant is terminated from the tenancy, the remaining co-tenants must pay the amount of bond owing to the terminated co-tenant within 14 days of a request to do so.
• Remaining co-tenants may deduct amounts owed or reasonable costs from the bond portion owing to the terminated co-tenant.
• The remaining co-tenants are not bound to the time frame for bond return where the terminated co-tenant is under an apprehended violence order.
• The Rental Bond Board will supply proof of no bond being lodged where this is required as evidence for the purposes of a tribunal hearing.

Part 9 Powers of the Tribunal

• The tribunal may now listen to applications relating to breaches relating to security breaches.
• Orders relating to compensation for an person who has suffered loss or damage as a result of being listed on a tenancy database as a result of inaccurate information.
• The Director-General may intervene in any proceedings that may affect public interest. In doing so, the Director-General becomes a party to the proceedings. The Director-General may self represent or with the aid of a legal practitioner.

Part 10 Enforcement

• Definition: Investigator - means an investigator appointed under section 18 of the Fair Trading Act 1987.
• An investigator may request any information from any persons relating to the work required by the Office of Fair Trading in NSW. Specifically with regard to complaint handling, licensing and law enforcement and promotes protecting consumers.
• An investigator requires the consent of the occupier or the authority of a search warrant to enter the premises.
• An investigator may request documentation, take copies of documentation, take evidence in the forms of photos, videos, films and audio.
• A person is required to co-operate with an investigator request and may only refuse on the grounds the evidence may tend to incriminate the person.
• A Search Warrant may be obtained by an investor if the investor believes on reasonable grounds that the Act and its regulations are being contravened on the premises and there is evidence of this on the premises.
• A Mandatory Appointment may be enforced by order of the tribunal for the Landlord to appoint at managing agent to manage a tenancy at the landlords expense.
• A landlord may apply to the Administrative Decisions Tribunal for a Review of a decision of the Director-General under this division.

Part 11 Residential tenancy databases

• Definition: database - means a system, device or other thing used for storing information, whether electronically or in some other form.
• Where an agent uses a tenancy database for the purposes of a tenant reference check due to an application for tenancy and they find the prospective tenants details are listed with the database they must;
  1. advise the tenant they are listed
  2. advise the tenant who the listing agent is and their contact information
  3. how they can contact the database
  4. the reasons why they are listed all within 7 days of the inquiry.
• A tenant may only be listed on a database where there is a tribunal had made a termination order or due to a breach the amount owed to the landlord is in excess of the bond amount.
• The process for listing a tenant on a database is to provide a copy of the tenancy database listing to the tenant and allow them 14 days to object to the listing.
• Should the agent become aware that the information is not current or out of date or not accurate, they must provide 7 days notice to the database advising how the listing should be amended or removed.
• An agent must provide a copy of the listing to a listed tenant within 14 days of the request without charging a fee, if requested.
• A person must be named on a tenancy agreement to be listed on a database.
• A person may apply to the tribunal to dispute a database listing.
• The tribunal may order an amendment or removal of a listing.
• Database listings can only be kept for a period three years.

Part 12 Miscellaneous

• An agent must not deliberately contract outside of the Act.
• Nothing in this Act limits the Contracts Review Act 1980.
• A tenant may appoint a Tenants Agent at anytime to receive documentation on their behalf. This may also be revoked at any time, providing the agent is advised in writing.
• The function of the Director General is to distribute information about this Act to the public plus carry out research into matters relating to tenancy. The Director General may delegate their function and powers under this Act to another person.
• Services of notices to people may occur by the following methods;
  • in person at their residential or business address
  • to a person over 16 years of age living at the same address
  • delivering by envelope to the mail box at the property address
  • sending by post to the known or last known address
  • by facsimile
• Regulations provide for standard residential tenancy agreements, a standard form for condition report, forms for Notices under this Act, the periods for which records under this Act must be kept, the time frames within which applications must be made to tribunal under this Act.
• A review of this Act must occur within 5 years from the date of commencement with a full report made available to Parliament within 12 months.
• Warrant of possession, where a sheriff of the court is required to issue, they may provide the occupant with up to 30 days to vacate the premises.