Victorian Rental Reforms

I think VCAT may be super busy with no pet applications from RRP I watch with interest from Canberra

Reform 31. Renters will be required to obtain their residential rental provider's (RRP) consent to keep a pet. However, the RRP will be taken to have consented to the pet unless they apply to VCAT within 14 days. VCAT can order that the renter is permitted to keep a pet on the property, or may decide that it is reasonable to refuse consent and make an order excluding the pet from the property.

Plus..
Reform 70. RRPs will be able to issue an ‘end of fixed term’ notice to vacate at the end of the first fixed term of a residential rental agreement, but not for any subsequent fixed terms.

 

Is there a definition for what constitutes "renovating" and is there a requirement in current laws to outline what exactly you'll be doing?

 

Hi all

Forgive my ignorance please but can someone clarify what the timeline is for these ‘amendments’
So legislation has passed....
What happens now?
Is it law straight away or do a few other things need to happen before the new rules come into effect?

 

There seem to be some good things for landlords though:

‘To name a few supply-side reforms, rental providers will now have strengthened termination grounds for malicious property damage, as well as new grounds responding to serious threats and intimidation, and serious violence by visitors to managed premises. Serial late payment of rent of less than 14 days will also now entitle a rental provider to apply for compensation to recoup any arrears, whereas this was previously limited to situations where a renter had received a notice to vacate.’
Fairer Safer Housing

 

Depends who you ask, some people say needs plans and permits, others that you need to be removing a part of the property that's required. Ie. Kitchen or bathroom.

Originally I thought early 2019, but REIV says 18 months. So still a little unsure - the update I posted only passed on Thursday, so still a lot of info missing.

 

Will these reforms apply to existing tenancies? For example, if I have a tenant on a renewed lease at present - does this mean I can't give them notice to vacate at the end of their current lease?

If the owner is moving in (not moving back in but decides to move into the property - genuine case, what is the notice period required?

 

Mean while, up in Canberra - the Greens - Greens call for 12-weeks notice for renters on periodic tenancies | The RiotACT

 

Once it comes in, yes.

60 days notice, I'm not aware of any changes to this notice period through my reading.

 

I think 8 weeks (60 days) across the board is sufficient, so did most tenants in Victoria. Our current longest period is 4 months and people still say that's not long enough

 

This is certainly a concern. The purpose of the legislation was to make housing more affordble and stable for renters, but its looking like having the opposite effect. We'll see in time.

 

What do you mean about it looking like having the opposite effect? I don't really see it that way.

 

Good question. Andrews wanted this legislation to provide renters with greater stability and certainty in their housing. Unfortunately, he has chosen to remove the ability for landlords to issue Notices to Vacate for "No Specific Reason" and restricted the use of "End of Fixed Term Tenancy" to just the first tenancy.
Where a landlord would previously have been happy to leave a tenant that was ok but not great in the property, knowing that they could issue a notice if need be in the future. Without that, they will now be forced to make a decision about termination as the first lease comes to a close.

 

It is supposed to be January 2020. No confirmation as yet though. The regs haven't been written, so who knows.

 

Obviously the change in the no reason vacate notices is because the government thought they were 'unfair'.
But I think a smarter way to go about the change might have been to simply increase the number of days. Currently it is 120 days but if you told me it would take over half a year to remove a tenant for example, or I could try the VCAT line to remove quicker, then I think that might have a stronger effect of bringing issues to the fore.

As for the blacklist=doesn't Google Reviews partly do this already? I sort of see this as inevitable.

 

Yes true, but I don't see why this would create more work for VCAT. Its not like terminating at the end of a fixed term is particularly contentious.

EDIT: Oh if you just mean in terms of tenancy changeovers, possibly - but I don't think landlords are going to be doing anything different from what they are doing now really.

There might be a lot of bluster about having a higher bar to keep an ongoing tenant, but I think its just going to be bluster and not be done in practice. Because what's the alternative? Having a revolving door of tenants because a landlord has a bad vibe?

 

Sam, exactly what I've been saying.

I disagree with this, I will certainly be using the 90 days a lot more than I have no with "okay" tenants (with owners consent of course). Last thing you want is "okay" turning into awful and not being able to remove them.

 

How many poor tenants will think to themselves 'just got to get through the first year and then they can't get rid of me'?
Listening to the tenants representatives, you'd think that landlords were just throwing out prefect tenants or no reason.

 

Exactly! I don't know anyone that throws out a good tenant for no reason. It doesn't happen.

 

A bit of light reading....

Bills

 

It is spreading north and released on grand final day.

The Palaszczuk Government Opening the Doors to Renting Reform