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gvincent News REINSW forces changes to NSW Government’s Residential Tenancies Bill

posted on 07/06/10 with 157 views, 9 comments
Greg Vincent NSW

 

In a Press Release issued on 4 June 2010 it would appear that the NSW government may have finally decided to listen to the industries concerns over some of the proposed new changes to the NSW Government’s Residential Tenancies Bill.

It was announced that, REINSW has forced the NSW government to make considerable changes to its draft Residential Tenancies Bill introduced into Parliament.

But despite the changes, REINSW is calling on the Minister to delay passage of the Bill until all stakeholders have had to the opportunity to review the new legislation.

“REINSW is pleased that the government has listened to our concerns and made key changes,” said REINSW President Wayne Stewart.

“But again the government is trying to rush this legislation through without sufficient time for proper consultation.

“We call on the Minister to take the time to get this right and not push ahead with unreasonable haste.

“Key changes which REINSW pressured the government to make include:

  • Abandoning a proposal to give tenants the right to break a fixed term tenancy agreement during the fixed term in return for payment of a ‘break fee’
  • Scrapping the compulsory proposal to cap a landlord’s damages (including loss of rent) if a tenant abandoned rented premises, and maintaining the current obligation on a landlord to mitigate their loss in such circumstances
  • Providing greater certainty for landlords when terminating periodic tenancies
  • Further limiting the government’s proposals to allow tenants to make ‘minor’ changes to the landlord’s property (e.g. painting is not a ‘minor’ change) or to sub-let the property without the landlord’s consent (which are both proposals the Institute still opposes in principle and will continue to lobby against)

“Unfortunately REINSW has not been provided with a complete overview of all changes to the Bill which means it has been impossible to review all amendments prior to the Minister introducing the legislation.

“REINSW understands that the Minister will try to pass the Bill through parliament by the end of the current parliamentary session which will limit the ability of all stakeholders to consider the new changes and their impact on the NSW property market.

“REINSW calls on the Minister to delay debate on the 2010 Bill until the next parliamentary session in late 2010 to allow all stakeholders a reasonable opportunity to examine the Bill in its latest, amended, form.

“It is inevitable that some of the amendments made may have unintended consequences and the Institute has already identified a number of issues which appear to be the result of unintended drafting errors. REINSW looks forward to working with the Minister to correct any such errors.

“REINSW previously lodged a comprehensive submission with respect to the 2009 Bill and it is very pleasing to see that concerns and suggestions raised by the Institute have been incorporated into the amended 2010 Bill,” said Mr Stewart.

Hopefully some common sense will prevail. If the NSW Government don’t pay attention to the stakeholders  within this issue then we will see lots more investors heading interstate into the future which will place even more pressure on our current rental crisis.

If they get this wrong, this important issue has the potential to put the last nail in the coffin for the current NSW Labour Government and could fuel an even greater landslide in the opinion polls. 

Comments_3col
DMRealty DMRealty on 07/06/10
Principal  DM Realty-- www.dmrealty.com.au  Pimlico Townsville  QLD
   

Sounds like someone in some office situation going on here. Don't understand how decisions can be made without asking the people who work in the industry for their opinion

Margaret www.dmrealty.com.au

 

gvincent gvincent on 08/06/10
NSW
   

The NSW Government have been out of touch with public opinion for quite some time and they continue to make really dumb decisions. I don't want to get too much into the politics side of things but someone really wasn't thinking when they started down the path of creating the new NSW Government’s Residential Tenancies Bill.

The time and effort involved to put together such a change has already cost a lot in NSW tax payers' money.

Somewhere along the line Governments need to go to a group of industry advisors & propose changes rather tha doing it the other way around.

They could have even posted something here on apmasphere and got a collection of thoughts from within the industry. It would have cost them nothing. But instead they go out and waste so much money on a stupid idea that will end up causing them a huge political backlash.

Maybe they thought that if they side with the tenants they might win more votes, I don't know their reasoning for looking at making changes but it's either change for change sake or a vote grabbing exercise.

Emily Emily on 10/06/10
apmasphere  Sydney  NSW
   

Greg, great post.  I am confused about one point, who announced that the REINSW forced the government to make considerable changes?  My understanding is that the following organisations were credited by the Hon. Virginia Judge in her motion that the 2010 draft residential tenancies bill be agreed in principal;

"Tenants Union, the Real Estate Institute, the Property Owners Association, the Law Society of NSW, the Legal Aid Commission, Shelter NSW, the Federation of Housing Associations, the Combined Pensioners and Superannuants Association, Housing NSW, the Property Council of Australia, EAC Multilist, the NSW Council of Social Services, individual tenant advice and advocacy services, the Consumer, Trader and Tenancy Tribunal and many others."

 

 

gvincent gvincent on 10/06/10
NSW
   

Thanks Emily, now I'm confused too. lol :) Maybe the Hon. Virginia Judge was mistaken. (wouldn't be the first time we've seen that happen to a member of the NSW Govt).

I know that the REINSW have been opposed to many of the changes from day one (when they were only given a couple of weeks to comment on the initial proposed changes) and have been lobbying very hard against a number of the proposed changes in the bill.

Sam Kremer, their Legal Counsel has dedicated a heap of time on it. It may be worth having a chat to him about what changes the REINSW have been able to make to the bill and whether they feel that the bill be agreed to in principal as she says???

Emily, when did she make that motion?

Emily Emily on 10/06/10
apmasphere  Sydney  NSW
   

Thanks Greg.  The legislative assembly on the 2nd June was when the Hon. Virginia Judge made the motion, you can view a copy of her speech at the Parliament of NSW website.

I will post the speech to another part of apmasphere as it does make for very interesting reading but it is too long to just add in a comment.

gvincent gvincent on 10/06/10
NSW
   

I just spoke with Sam Kremer from REINSW. He said that they would like to get the bill delayed. They don't have access to the marked up copy of the ammended bill and are currently going through all of the bill again to review all of the latest changes.

The last thing that the NSW Govt should be doing is pushing this bill through like they did with the Smoke Detector legislation which then required 3 ammendments to the act almost immediately afterwards.

Sam said that the REINSW haven't fully endorsed the bill in its current form.

This bill is such an important peice of legislation and will effect approx. 1 in 4 people within NSW. It shouldn't be pushed through by Hon. Virginia Judge & the NSW Parliament without getting it right or as close to right as they possibly can.

 

gvincent gvincent on 10/06/10
NSW
   

A summary of the Bills progress in Parliament is set out below (it has now been passed without amendment by the lower house and has today been introduced into the upper house). http://www.parliament.nsw.gov.au/prod/parlment/nswbills.nsf/131a07fa4b8a041cca256e610012de17/d94dda4801c2408bca257735001b1bff?OpenDocument

There's a chance that the bill could be passed by the Upper House by 4pm today.

There were a number of speeches made by the members of the Legislative Assembly in relation to the amended Residential Tenancies Bill on 8 June 2010 and apparently Greg Aplin’s speech is an interesting read.

gvincent gvincent on 10/06/10
NSW
   

Here's the Parliamentary speech by Greg Aplin, the Shadow Minister for Fair Trading of NSW.

http://www.apmasphere.com/gvincent/posts/224-Shadow-Minister-for-Fair-Trading-Greg-Aplin-s-Parliamentary-Speech-about-NSW-Residential-Tenancy-Bill-2-1-#newest_comment

 
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