Know your Rental Right and Wrongs

DO YOU KNOW YOUR RIGHTS AS A RENTER?

I have just realised the Australian cost of living crisis in the rental arena is OF REAL CONCERN. It is happening because of a lack of knowledge and postition with the consumer i.e tenant/renters - their mindset needs to change - you are doing the owner a favour by paying your rent every week and month - vacancy listings are usually minimum 2 weeks and sometimes more than 3 weeks ! That is lost revenue that can never be recovered.

There are laws to protect the tenant from unfair and excessive rental increases and evictions. It is totally illegal to evict a tentant due to rental increases being negotiated.

If the Real Estate Agent/owner does not want to negotiate then you can take it to NCAT in a totally unemotional way, no offence, noi anger just what you are allowed to do within the scope of the law.

It is important to note that in making a decision NCAT will not consider your income, or whether you can afford the rent increase.

So crying poor will not cut it you need to prove that it is an excessive increase.

Lets get the law right here in front of our eyes and examine it:

Residential Tenancies Act 2010

https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2010-042

44 Tenant’s remedies for excessive rent

(1) Excessive rent orders The Tribunal may, on the application of a tenant, make any of the following orders—
(a) an order that a rent increase under an existing or proposed residential tenancy agreement is excessive and that, from a specified day, the rent for residential premises must not exceed a specified amount,
(b) an order that rent payable under an existing or proposed residential tenancy agreement is excessive, having regard to the reduction or withdrawal by the landlord of any goods, services or facilities provided with the residential premises and that, from a specified day, the rent for residential premises must not exceed a specified amount.
(2) Time limit for excessive rent increase applications An application for an order that a rent increase is excessive must be made within the period prescribed by the regulations after notice of the increase is given.

(4) Determination of excessive rent For the purposes of making an order under this section, the Tribunal may declare that amounts payable under a contract, agreement or arrangement under which goods, services or facilities are provided to the tenant are rent.

(5) The Tribunal may have regard to the following in determining whether a rent increase or rent is excessive—
(a)  the general market level of rents for comparable premises in the locality or a similar locality,
(b)  the landlord’s outgoings under the residential tenancy agreement or proposed agreement,
(c)  any fittings, appliances or other goods, services or facilities provided with the residential premises,
(d)  the state of repair of the residential premises,
(e)  the accommodation and amenities provided in the residential premises,
(f)  any work done to the residential premises by or on behalf of the tenant,
(g)  when the last increase occurred,
(h)  any other matter it considers relevant (other than the income of the tenant or the tenant’s ability to afford the rent increase or rent).

(6) Effect of excessive rent order An order by the Tribunal specifying a maximum amount of rent—
(a) has effect for the period (of not more than 12 months) specified by the Tribunal, and
(b) binds only the landlord and tenant under the residential tenancy agreement or proposed residential tenancy agreement under which the rent is payable.

50 Tenant’s right to quiet enjoyment

(1) A tenant is entitled to quiet enjoyment of the residential premises without interruption by the landlord or any person claiming by, through or under the landlord or having superior title (such as a head landlord) to that of the landlord.
(2) A landlord or landlord’s agent must not interfere with, or cause or permit any interference with, the reasonable peace, comfort or privacy of the tenant in using the residential premises.
Maximum penalty—10 penalty units.
(3) A landlord or landlord’s agent must take all reasonable steps to ensure that the landlord’s other neighbouring tenants do not interfere with the reasonable peace, comfort or privacy of the tenant in using the residential premises.
(4) This section is a term of every residential tenancy agreement.

51 Use of premises by tenant

(1) A tenant must not do any of the following—
(a)  use the residential premises, or cause or permit the premises to be used, for any illegal purpose,
(b)  cause or permit a nuisance,
(c)  interfere, or cause or permit any interference, with the reasonable peace, comfort or privacy of any neighbour of the tenant,
(d)  intentionally or negligently cause or permit any damage to the residential premises,
(e)  cause or permit a number of persons to reside in the residential premises that exceeds any number specified in the residential tenancy agreement.
(2) A tenant must do the following—
(a)  keep the residential premises in a reasonable state of cleanliness, having regard to the condition of the premises at the commencement of the tenancy,
(b)  notify the landlord of any damage to the residential premises as soon as practicable after becoming aware of the damage.
(3) On giving vacant possession of the residential premises, the tenant must do the following—
(a)  remove all the tenant’s goods from the residential premises,
(b)  leave the residential premises as nearly as possible in the same condition, fair wear and tear excepted, and, if there is a condition report, as set out in the condition report applicable to the premises when the agreement was entered into,
(c)  leave the residential premises in a reasonable state of cleanliness, having regard to the condition of the premises at the commencement of the tenancy,
(d)  remove or arrange for the removal from the residential premises of all rubbish, having regard to the condition of the premises at the commencement of the tenancy,
(e)  return to the landlord all keys, and other opening devices or similar devices, provided by the landlord to the tenant.
(4) In this section—
residential premises includes everything provided with the residential premises (whether under the residential tenancy agreement or not) for use by the tenant.
(5) This section is a term of every residential tenancy agreement.

and

Residential Tenancies Regulation 2019.

https://legislation.nsw.gov.au/view/html/inforce/current/sl-2019-0629

For any financially savvy person renting is smarter than being locked into a 30-40 year death grip MORT + GAGE = mortuary engagement hmmmm and the gains from your activities happily go towards a home that is dry and clean with some money to spare for hobbies and holidays !

I was willing to outlay an extravagant weekly amount just so I did not have to a share house and escape the mouldy bowls of the floodplains I kept finding myself renting in the northern rivers. But there seems to be a sentiment that once you are in the house and have made it a home they have your back up against a wall and you have to agree to whatever rental increase they demand, accept the offer without any room for negotiation. The prey on a lack of confidence and expect submission - do not fall for the ruse !

And if you do not know your tenant rights a living person may fall into the power play of being subservient and asking how high can you jump for them and their greedy salivating socks. If they are paying a mortgage and interest rates have gone up but do the maths - so you can work out what is the fair and reasonable increase.

IT IS ONLY AN OFFER

AN OFFER DOES NOT NEED TO BE ACCEPTED

IF YOU DONT LIKE IT AND HAVE A GOOD REASON EG IT IS EXCESSIVE

THEN YOU CAN NEGOTIATE

IF AGENT/LANDLORD DOES NOT WANT TO NEGOTIATE

THEN LOG A CASE WITH NCAT AND FIND YOUR LOCAL AREA TENANCY ADVOCACY UNION

CONSIDER LOGGING YOUR CASE IN THEIR PUBLICITY/ STORY SECTION

Be Proactive:

Do the research with the rent trackers and local area properties similar to your own in size and quality.
call around local real estates and ask them;

how many people are at each inspection
and if there are alot of applications for each property -
ask them if there are a limited supply of rentals in your area at the moment -
have you had any properties that had to be reduced in rental to get interest ?
is there are glut or a scarcity
do you have too many applications for each property lately?

Go for the facts and truth don't be swayed by the real estates CMA report - it may be statistically biased - study the sampled properties with a fine toothcomb to see if they are a match - as some 4 bedroom properties are very generous in size, family orientated and others are very tight in their design and don't compare.
save all your receipts and photos in one easily accessible file - I would suggest that one creates a dedicated email address in gmail - so that you can email to yourself photos/ maintenance receipts/ emails from the real estate /eg glue equipment/ light bulbs purchased - ON THE GO everything to do with your rental property - as if your landlord gets a big fat EGO and wont negotiate then you should have no problem's when you need to go to NCAT

Resources

Explore these links this is how I worked out the process for myself, one only has to look,read and google search and make some phone calls !

https://lawfullyexplained.com.au/property/can-i-challenge-a-rent-increase/

https://www.tenants.org.au/resource/rent-tracker-postcode-tool

https://northernriversclc.org.au/northern-rivers-community-legal-centre-tenants-advice-and-advocacy-service-taas/

https://ncat.nsw.gov.au/case-types/housing-and-property/tenancy.html