New Tenancy Laws – Make sure you’re up with the play

The recent changes to the Residential Tenancies Amendment Act 2024 (RTAA) have led to some landlords breathing a sigh of relief, with a return of “No cause terminations” for periodic tenancies. In this article, we share with you some of the basics of what the key changes are…

Tenancy Terminations
Fixed-Term Tenancies
A fixed-term tenancy automatically becomes a periodic tenancy once it reaches its expiry date unless it has been ended by either the landlord or the tenant.

A fixed-term tenancy can be ended on its expiry date by the landlord or tenant. Either party must give notice of intention to end the tenancy of between 90 and 21 days. If both parties agree that the tenancy will not continue then no specific reason is required.

The minimum notice period a tenant must give to renew a fixed-term tenancy has been reduced from 28 days to 21 days.

Periodic Tenancies

The landlord can now terminate a periodic tenancy without reason by giving 90 days notice to the tenant.

A landlord can terminate a periodic tenancy by giving at least 42 days notice if

• The owner of the property or a member of their family wishes to live there within 90 days after the termination date
• The owner sells the property and under the unconditional agreement of sale is required to give the purchaser vacant possession.
• The landlord customarily uses the premises or has acquired the premises for occupation by employees of the landlord or contractors under the contracts for services with the landlord. This must be stated in the tenancy agreement and the premises are required for that use.

A tenant can terminate a periodic tenancy by giving at least 21 days notice.

Pets

Tenants are able to keep a pet at their rental property if allowed by their tenancy agreement or with the landlord’s written consent.

A landlord must have specific reasoning to prohibit or refuse consent for a tenant to keep a pet.

A landlord may draw up specific conditions for a tenant to comply with in keeping a pet. This may include a pet bond (which could be up to a maximum of two weeks’ rent in addition to the general bond term of up to four weeks) or a condition that the pet is restrained while the landlord lawfully enters the premises, or a condition requiring carpets to be professionally cleaned.

The changes require tenants who keep pets to be liable for the full cost of any damage caused to the premises as a result of having a pet, other than fair wear and tear.

NOTE: The new rules regarding pets will take effect on a date to be set by Order in Council and cannot be used until that date.

Smoking on the premises
Under a new section of the RTAA 2024, landlords can prohibit tenants from smoking inside rented premises. However, tenants cannot be prevented from smoking outdoors or in any outbuildings such as a garage.

For a full list of all changes see Tenancy law changes » Tenancy Services