12 December 2022
On the heels of the ACT Government’s announcement that rent bidding in the territory may soon be prohibited, the NSW Government has since confirmed their intention to follow suit.
The new laws against rent bidding in NSW will be introduced through changes to regulations under the Property and Stock Agents Act 2002.
Read More5 December 2022
Changes are coming to the current ACT residential tenancy legislation, the Residential Tenancies Act 1997 (the Act).
The Residential Tenancies Legislation Amendment Bill 2022 (the Bill) was introduced to the ACT Legislative Assembly on 30 November 2022.
The Bill proposed to:
End no-cause evictions and introduce new ‘with cause’ termination provisions to support landlords to manage their properties
Restrict solicited rent bidding
Allow tenants greater freedom to grow their own food and compost
Create a framework to support the introduction of minimum housing standards for rental properties.
28 November 2022
NSW Fair Trading announced in their latest issue of The Letterbox today that the regulator is now in consultation with the community regarding residential tenancy laws. The main topics of discussion include:
a review of the 2019 reforms made to the Residential Tenancies Act 2010 surrounding tenants experiencing domestic violence, and
whether laws around keeping pets in a rental property should change.
24 November 2022
Western Australia Consumer Protection has published a tribunal outcome on its website this week, detailing disciplinary action taken against a Perth agency for breaches under the Real Estate and Business Agents Act 1978. The breaches involved improper supervision of the agency and an unregistered individual working as a sales representative, who was found to also be accepting commission payments.
The disciplinary action was administered in the form of $16,000 worth of fines to the persons involved.
Read More23 November 2022
As the result of several legal actions currently underway in the Victorian Civil and Administrative Tribunal (VCAT) and the courts, yet another estate agent has been charged for trust fund misappropriation.
The now-former estate agent was found to have embezzled more than $100,000 in funds belonging to their clients.
Read More23 November 2022
Western Australia Consumer Protection has advised they will be conducting community consultation on changes to residential tenancy laws that came into effect in April 2019. The aim of the consultation campaign is to seek feedback as to the effectiveness of the family and domestic violence provisions that currently exist, while assessing the impact they have had on affected tenants and landlords.
The consultation will take place from 25 November to 10 December 2022.
Read More21 November 2022
Consumer Affairs Victoria (CAV) recently reported that a former Victorian estate agent has been convicted of withdrawing more than $100,000 worth of trust account funds, with the intention of abusing the funds for their own personal use (a deposit on a commercial property in the Melbourne CBD).
The outcome follows earlier court proceedings against the agent, which commenced back in February 2021.
Read More16 November 2022
The Property Agents Board of Tasmania (‘The Board’) has published a recent tribunal decision on their website this month. The redacted tribunal outcome details disciplinary action taken against an agent for improper operation as a licensed property agent while engaged to manage the rental properties of four separate clients.
The Board’s complaints against the property agent relate to “conduct not of a reasonable standard of competence and diligence,” and claim that the agent was guilty of ‘professional misconduct’ and ‘unsatisfactory professional conduct’ as defined under section 83 of the Property Agents and Land Transactions Act 2016.
Read More16 November 2022
NSW Fair Trading has advised in a media release this week that the regulator intends to review the NSW Retail Leases Act 1994 (‘the Act’). The changes will impact landlords, investors and tenants of retail/commercial property.
Read More15 November 2022
South Australia Consumer and Business Services (CBS) recently announced its intentions to reform the state’s current residential tenancy legislation, the Residential Tenancies Act 1995 (‘the Act’).
As of 15 November 2022, consultation with industry participants, including tenants, landlords, real estate agents and housing organisations has commenced. The consultation has allowed for the release of a discussion paper, marking the start of the most extensive review of the Act since 2014.
Consultation is open until 5 PM, Friday 16 December.
Read More7 November 2022
Consumer Affairs Victoria (CAV) has reported today that a now former Victorian estate agent has been heavily penalised through the revocation of their licence. The disciplinary action comes about as a result of repeated failure to effectively manage the agency's trust accounts and maintain proper trust account records.
CAV had previously reprimanded the agent for breaching their duties under the Estate Agents Act 1980 and its regulations.
Read More17 October 2022
NSW Fair Trading has today reported — in their Property Matters newsletter — that they are taking compliance actions against strata managing agents that do not meet their obligations.
The inspections are being undertaken as part of the regulator’s Strata Managing Agent compliance program, which involves targeting supervision requirements during inspections of NSW strata companies.
NSW Fair Trading has advised that “of the 44 inspections conducted during a recent one-week operation, 86% (38) were found to be breaching their obligations under property laws”.
Read More
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