Real Estate Juice Magazine 2 | Page 123

REINSW submission

REINSW used the sub-committee’s work to form the basis of its submission in response to the Discussion Paper. Due to the many months of work by the sub-committee, the resulting submission not only addresses the specific points set out in the Discussion Paper, but goes much further. It provides the government with a detailed account of the changes that need to be made to the Act to ensure fair and equitable outcomes for all parties involved in a transaction.

Following is a summary of the just some of the recommendations set out in REINSW’s submission, which was lodged at the end of January 2016. You can view the full submission at reinsw.com.au/submissions

#1 Standard tenancy agreement

The standard residential tenancy agreement is home to the terms and conditions binding the landlord and tenant. It must ensure a fair and equitable outcome for all parties and account for matters such as safety and mutual respect.

To achieve these aims a number of amendments are required, as well as the insertion of some additional provisions. Many of these already appear in the REINSW Residential Tenancy Agreement and we believe the standard tenancy agreement as set out in the Residential Tenancies Act would benefit from their inclusion. REINSW has recommended the following.

New tenant obligations

In relation to safety installations on the premises, such as smoke alarms, swimming pool fences and window safety locks, the tenant should be obliged to:

• reimburse the landlord for any call-out fees where the tenant fails to provide access to the premises for safety inspections;

• immediately advise the landlord if there is an issue with a safety matter on the premises; and

• not interfere with safety installations on the premises.

The tenant should also be obliged to professionally clean the carpet and fumigate the premises when pets are kept on the premises.

Additional provisions

To provide further clarity in relation to common issues arising in relation to residential tenancies, additional provisions should be inserted to:

• prohibit smoking within the premises;

• deal with the prevention of mould by the tenant;

• require the tenant to pay for pest control after the first 90 days of the tenancy;

• allow the landlord and tenant to agree on the timing and responsibility of payment for carpet cleaning;

• require a higher bond for furnished premises;

• require a higher bond where pets will be kept on the premises; and

• allow the option for the provision of certain services (e.g. cleaning).