LAND LEASE COMMUNITY NEWS

Improved rights for tenants

01/10/2024

Tenants across New South Wales, including those living in land lease communities, will soon have greater security of tenure. The NSW Labor Government announced in August 2024 that they will end ‘no grounds’ eviction notices for all tenants with residential tenancy agreements.

tenants speaking to the media
Lauren and Jason are renters from the Make Renting Fair campaign, who spoke about the need to end ‘no grounds’ evictions. They told their story of receiving two ‘no grounds’ evictions in two years, being misled by unscrupulous real estate agents, and the impacts they suffered: financial costs, time spent, mental health strain, and loss of community ties. Photo courtesy of the office of the Premier.

The reforms mean that all tenants will be provided with a genuine reason if they are being evicted. This change is the result of decades of campaigning by renters, community supporters, and housing policy experts. It will make life fairer and more stable for renters.

It is expected a Bill will be introduced into NSW Parliament in 2024 and  the reforms will take effect  in early 2025.

The Government proposes to adopt a model of reform applying to tenants on both fixed-term and periodic tenancy agreements. This means the changes will provide all tenants with greater stability and protection, and allow them to do basic things like ask for repairs from the operator/ landlord, and negotiate a rent increase without fear of eviction.

The Government is proposing that under the new laws, valid reasons for eviction will include:

  • Significant repairs or renovations that necessitate vacant possession, with  a restriction on relisting  the property for at least  four weeks.
  • A change in the use of the property, such as converting it from a rental home to another type of accommodation or from residential to commercial use.
  • The owner or their family intends to move into the property.
  • The property is being sold  or offered for sale with vacant possession.

These reasons are in addition to existing eviction provisions that allow operator/landlords  to end an agreement for breach for non payment  of rent, other breaches, hardship, death of tenant,  and uninhabitability.

The success of the reforms will hinge on good implementation. One critical aspect of this is the notice periods provided for the proposed new reasons. Another is the evidence requirements for operator/ landlords seeking to terminate. There must be robust mechanisms for compliance and enforcement. The NSW Civil and Administrative Tribunal (NCAT) should be given the discretion to decide whether eviction is fair and reasonable in each case.

For the latest on these reforms subscribe to our email newsletters, Tenant News and Outasite Lite and see our online information page, Tenancy laws are changing in NSW.

Leo speaking
"No-grounds evictions result in housing insecurity, financial strain, and emotional distress. Ending no-grounds evictions is a critical step in ensuring that renters can feel secure in their homes without the constant fear of eviction. This is a win for renters’ rights in NSW." – Leo Patterson Ross, Tenants’ Union CEO, speaking to media and supporters outside NSW Parliament on the announcement of the eviction reforms.

 

This article was published in Outasite magazine issue 12. Outasite is published once or twice annually. Outasite Lite email newsletter is sent several times a year – subscribe here. All past issues are available in the archive.