NSW Landlords living interstate or overseas

Discussion in 'Property Management' started by Hayley Cannon, 30th Sep, 2020.

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  1. Hayley Cannon

    Hayley Cannon Well-Known Member

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    I received an email from the Office of Fair Trading today stating that tenants must be informed in writing before or at the time of signing the lease where the landlord ordinarily lives (which state or country) if they do not reside in NSW.

    I am going to give them a call tomorrow and ask where this sits in the new legislation as the last few times i went over the new requirements this was not mentioned anywhere. Has anyone else come across this recently?

    "Landlords who usually live outside of NSW must also now tell tenants which state, territory or country they live in. This must be done in writing before or at the time the tenancy agreement is signed."
     
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  2. ChrisDim

    ChrisDim Well-Known Member

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    That’s the first I am hearing of this @Hayley Cannon. I will have a look tomorrow to see if there is something in the Act.
     
  3. Hayley Cannon

    Hayley Cannon Well-Known Member

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    under "landlord contact details" in the link however unsure when this change was made?
     
  4. thatbum

    thatbum Well-Known Member

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    Is this because of the tribunal jurisdiction issue? Haven't they sorted that yet?
     
  5. Hayley Cannon

    Hayley Cannon Well-Known Member

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    Still not sorted!
     
  6. BunnyXiao

    BunnyXiao Well-Known Member

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    'ordinarily resides' is going to be super cute to work out. Expat of over 6 years yet my accountant continues to advise I'm an AU resident for tax purposes. ATO I'm sure would have a different ruling if I sell up. But if I'm paying tax a-ok as they can grab from two countries. Add on top of this all the laws there that are anti-landlord, expenses, taxes, being AU but the right to CGT tax free status on my home removed as over 6years expat. Every day something new and ridiculous.
     
    Last edited: 1st Oct, 2020
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  7. Phoenix Pete

    Phoenix Pete Well-Known Member

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    How that issue is not sorted is one of the biggest jokes going around.
     
  8. Lil Skater

    Lil Skater Well-Known Member

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    Victoria is the same. I asked VCAT members at an open forum a year ago (maybe more?) about their rulings given the situation out of NSW. They said they consider themselves to have jurisdiction... and then all of a sudden earlier this year they did a backflip and now if the landlord is interstate they won’t hear the case. Not like they didn’t have warning to get their ducks in order. :mad:
     
  9. Scott No Mates

    Scott No Mates Well-Known Member

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    I had another read of the Act & the Regulations, Act Cl 27 & the Regs Sch 1 don't provide any further requirement to advise if the LL is interstate or OS based.

    upload_2020-10-1_14-48-25.png

    upload_2020-10-1_14-37-3.png
     
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  10. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    My reading suggested the requirement is all landlords must provide direct contact information to tenants. Its a dispute mediation reason arising from past problems and a agent cant interpose but can be additionally indicated in the disclosures and on the lease. eg 6 months later the agency agreement is terminated and the tenant cant get repairs organised etc. There is a requirement to keep the tenant advised if the landlord address or contact details change.

    Its contained in the landlord information statement which is prescribed by regulation by the Minister I believe
    https://www.fairtrading.nsw.gov.au/...010/608383/Landlord-information-statement.pdf

    Communicating with your tenant.
    You must provide your name and a way for your tenant to contact you directly, even if you have an agent. If you do not have an agent you must also provide your residential or business address to receive mail. This information must be given to the tenant in writing before or when the tenant signs the tenancy agreement, or it can be included in the agreement. You must let your tenant know, in writing, within 14 days of any changes to your details. Some formal communication between you and your tenant must be in writing to be valid, for example, termination notices and rent increase notices. You or your tenant can use email to serve notices or other documents but only if the other party has given specific permission that a nominated email address is to be used for this purpose.


    I question if the underlined portion means an agent cannot terminate a lease ? Or am I reading that too far and a agent can still be an agent for the landlord ?

    General changes otherwise
    Changes to the residential tenancy laws
     
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  11. Hayley Cannon

    Hayley Cannon Well-Known Member

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    You must provide 1 form of contact for the landlord on the lease if using an agent (either email or phone number) however what i have posted about is in addition to this however I cannot find any evidence that it is actual legislation.

    With the info you have copied and pasted it is read as if you were self managing. Agents can terminate on behalf of the owner still it is just outlining that if you want to terminate etc it has to be in writing.
     
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  12. Phoenix Pete

    Phoenix Pete Well-Known Member

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    Yes that is what I was thinking.
     
  13. ChrisDim

    ChrisDim Well-Known Member

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    Hi @Hayley Cannon, I finally got to the bottom of this (it bothered me all week). It looks like there was a new version of the NSW Residential Tenancy Regulation - passed on 28/09 - which includes this requirement in Schedule 1 Standard Form Agreement. See below.

    The Standard Form on the Fair Trading site was also changed to now have a new space in which to include the State, Territory or Country if the landlord does not regularly reside in NSW.

    My suspicion is that this is a COVID requirement rather than jurisdiction, but I may be mistaken.

    View - NSW legislation

    The latest form is here BTW

    https://www.fairtrading.nsw.gov.au/...andard-Residential-Tenancy-Agreement-2020.pdf
     

    Attached Files:

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  14. Ted Varrick

    Ted Varrick Well-Known Member

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    Maybe you should consider something like <Street & Suburb Address> at gmail.com eg 1MacquarieStSydney @ gmail.com and leave it at that.
     
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  15. Lacrim

    Lacrim Well-Known Member

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    Lol I pay an agent so I DON'T have to deal direct with tenants.
     
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  16. Hayley Cannon

    Hayley Cannon Well-Known Member

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    This is what I have advised my clients to provide me if they do not want to put their actual email on leases.