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NSW Tenancy Law Update: Consumer Credit and Reforms

Stay informed on the recent legal changes in NSW tenancy law, including amendments, history, and the process of law reform. Learn about the good and bad changes, unfinished business, other improvements, and what to expect next.

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NSW Tenancy Law Update: Consumer Credit and Reforms

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  1. Law Reforms: Consumer Credit and Tenancy Law

  2. NSW Tenancy Law Update Presented by: Grant Arbuthnot, Principal Solicitor & Ken Beilby, Litigation Solicitor

  3. History • 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

  4. 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)

  5. 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

  6. Good Changes • Residential tenancy databases • Co-tenants • Domestic violence • Rent arrears • Break fees • Termination by tenants

  7. Bad Changes • Access to premises for sale • Uncollected goods

  8. Unfinished Business • Termination ‘without grounds’ • Exclusions

  9. Other Improvements • Alterations • Holding fees • Rent payments and receipts

  10. Strange Ideas • Social housing • Long-term tenancies

  11. 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

  12. For Further Information • The Tenants’ Union website – www.tenants.org.au • The Tenants’ Union blog – The Brown Coach http://tunswblog.blogspot.com/

  13. What Next? • The Tenants’ Union will be writing to all CLC’s seeking their support for our law reform efforts.

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