Transcript NSW Tenancy Law Update

Law Reforms:
Consumer Credit and Tenancy Law
NSW Tenancy Law Update
Presented by:
Grant Arbuthnot, Principal Solicitor
&
Ken Beilby, Litigation Solicitor
History
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Landlord and Tenant Act 1899
Landlord and Tenant (Distress Abolition) Act 1930
Landlord and Tenant (Amendment) Act 1948
Landlord and Tenant (Rental Bond) Act 1977
Residential Tenancy Tribunal Act 1986
Residential Tenancies Act 1987
Consumer, Trader and Tenancy Tribunal Act 2001
• There has been a shift from land law to consumer
law
Legal Changes
• Nicholson v New South Wales Land and Housing
Corporation (unreported, NSW Supreme Court,
Badgery-Parker J, 24 December 1991, No 30027 of
1991)
• Growing volume of amendments for Public Housing
• Offe v Residential Tenancies Tribunal of New South
Wales and Ors [1997] NSWSC 523 (29 October 1997)
• Swain v Residential Tenancies Tribunal of New South
Wales (unreported, NSW Sup Ct, Rolfe J, 22 March
1995, 30034 of 1994)
The Process of Law Reform
• Late 1990’s review of the Residential
Tenancies Act 1987 merged with the National
Competition Policy Review of legislation
• 2005 Discussion Paper
• December 2007 the NSW Government invited
responses to a tenancy law reform proposal
document
• Late 2009 a Draft Exposure Bill was published
Good Changes
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Residential tenancy databases
Co-tenants
Domestic violence
Rent arrears
Break fees
Termination by tenants
Bad Changes
• Access to premises for sale
• Uncollected goods
Unfinished Business
• Termination ‘without grounds’
• Exclusions
Other Improvements
• Alterations
• Holding fees
• Rent payments and receipts
Strange Ideas
• Social housing
• Long-term tenancies
Where are we now?
• The Office of Fair Trading intends:
• The Bill to go to Cabinet May 2010
&
• The Bill to go to Parliament in May / June
• It is believed that the Regulations will be
drafted in the last half of 2010
For Further Information
• The Tenants’ Union website –
www.tenants.org.au
• The Tenants’ Union blog – The Brown Coach
http://tunswblog.blogspot.com/
What Next?
• The Tenants’ Union will be writing to all CLC’s
seeking their support for our law reform
efforts.