TracyleeAgradeRTA Amendments Act only days away
Here is a picture of a well-thumbed booklet on the new RTA changes. There are so many I did a course on it ( and got the certificate LOL)
I was mostly happy with the Healthy Homes Act but some changes in here are worrying.
Section 42b Minor Changes - Amendment
The Landlord cannot unreasonably withhold consent for a fixture, renovation, alteration or addition
The Landlord can impose reasonable conditions
If the tenant requests consent in writing, the Landlord must reply in 21 Days
IN the reply the landlord must indicate whether it is minor in nature or not
If it is not minor and they need more time to consider the request they can extend the time for responding
Ultimately the landlord must reply in a reasonable timeframe
If the landlord fails to reply in a reasonable time frame it is an unlawful act
If a landlord breaches numbers 3,4 or 6 then penalties may apply
exemplary damages up to $1500
Our thoughts
This had been changes so that tenants can treat rentals as their homes. The most likely times of trouble will be when a tenant does not attempt to return the property to its original state or attempt to return it to the original state and fail to match the original standard.
Tenants will be able to install nearly everything. Television Brackets, Shelves, Curtains, Blinds, bike racks, baby gates, and herb gardens.
Section 42B Minor Changes - New Section
It is unreasonable for the landlord to withhold consent to minor changes. If they do then it is an unlawful act. A minor change is any fixture, renovation, alteration, or addition to the rental property that :
is low risk and won't cause material damage
is easily returned to the same condition
does not pose a health & safety risk
does not compromise the structural integrity, weather tightness or character of the premises
would not negatively affect the neighbours
does not require resource or building consent
does not breach any obligation or restriction relevant to the premises, for example, a body corporate rule
Exemplary damages - up to $1500
The tenant must return the property back to its original state at the end of the tenancy. If the tenant refuses to do this, this is considered an unlawful act
Our thoughts are that many tenants will not have the ability to return the property back to its original state. The original state might include gib stopping walls, painting, & other similar remedial work
AGREEMENTS & record keeping is critical/ if the minor change adds value both parties can agree for it to be left. Tenants need to be educated on what reinstatement might be required BEFORE they start making changes
Absolutely need to educate tenants and have proven paper trails