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 Fourth Quarterly        16/12/2019 
What you'll find in this newsletter:
 
Breaking News
    RTA changes - What do I need to know?
What's on @ TUACT
    Holiday closure dates
    TU Not For Sale campaign, and beyond

Housing and Tenancy News
    Reminder: Keeping safe in a Mr. Fluffy property
    Have your say: share housing and occupancy agreements
ITDCBR
   ITDCBR 2019 - That's a wrap
TAS Top Tips
Can I end my tenancy on a weekend, public holiday, or over a holiday period? 
Can my landlord evict me?
Top News
Latest CPI Figures: 

Sept: 107.8 

Figures for the December Quarter 2019 will be released 29 January 2020.
CPI and Rent
Breaking News  
RTA changes - what do I need to know?



... and these new laws affect ALL tenants - not just those in periodic tenancies or who have signed new leases since the commencement!

On 1 November 2018 the ACT Government tabled a Bill (the Residential Tenancies Amendment Bill 2018 (no 2)) that introduced some significant changes to all tenancies in the ACT relating to pets, rent increases, tenants making modifications and break lease fees. For some background to the changes you can read the Attorney-General's presentation speech and the Explanatory Statement. The Bill was debated and passed on 21 February 2019 and due to commence in March 2020. 

However, on 3 October the ACT Government brought forward the start date of the changes to 1 November 2019 - this means the new laws are now in effect.

We are currently updating all of our information in line with these changes. In the meantime, the ACT Government has developed some fact sheets regarding the changes, they can be accessed here:


Overview of Residential Tenancies Amendment Act 2019
Keeping pets
Making modification
Break lease fees
Excessive rent increases


The ACT Civil and Administrative Tribunal (ACAT) has updated information in relation to these changes and new applications that can be made to the Tribunal, we have an overview here, their factsheets can be found at:

Keeping pets
Making modifications
Rent increases


... remember that there are fees attached to lodging ACAT applications. A brief summary of fees can be found here.
What's on @ TUACT  
Holiday closure dates
Our Tenants' Advice Service (TAS) is now closed for the year as we endeavor to reach everyone currently on the call-back list.

Our admin line is still staffed until our office closure, though all tenancy advice matters will be referred to Legal Aid ACT.

Our office closure dates are:
23rd December 2019 - 10th January 2020
Reopening on Monday 13th January 2020.

 
What if I need advice while you are closed?
We urge people to go to our website and do a search on key terms relating to an issue, you will then be directed to a factsheets, FAq or other resource that may be all you need.

For urgent advice during our shutdown period, please call (and direct all clients to)
Legal Aid ACT's Helpline:
1300 654 314
, 8:30 am - 4:30 pm daily


Legal Aid ACT's helpline will be closed:
24th December at 3:00 pm - 1st January,
reopening 9:00 am on Thursday 2nd January.
TU Not For Sale campaign, and beyond......

 


You may be aware that the Australian Services Union with Unions ACT  have been running a campaign seeking to ensure ongoing funding for our service past March 2020 in response to the threat posed by an unexpected tendering process started by the ACT Government in August.

We have just been advised that we will not be funded past March 2020.  Needless to say this news is devastating.   For staff, for management and members of the TU but also for renters and many other members of the ACT community, and beyond.

The ACT community will be losing our voice, our expertise, our knowledge, our advocacy as well as our advice and direct assistance..  We exist for tenants and renters,  exclusively for renters' interest.  As noted in our Mission Statement , we are  "an organisation for tenants by tenants that seeks to enable all tenants to enjoy appropriate, affordable, accessible and secure housing in the ACT.".  No other service can provide this.

As we say on our website - 

The Tenants’ Union is an independent community legal centre initially formed by a group of tenants who came together to promote the rights and interests of people renting their homes in the ACT. Although we are called the Tenants’ Union, we help all renters, which means both tenants and occupants. TU members include private, public and community housing tenants, as well as boarders and lodgers, people living in student accommodation, caravan parks and emergency accommodation, and others interested in supporting the work of the TU.

Many of the problems renters face can be too big for one individual to tackle alone. Renters need a group that will talk to government, media, landlord groups and real estate agents on our behalf. We need a group that can express our views and concerns.

The Tenants’ Union is committed to addressing the inequities that exist between renters and property investors.  To tenants and occupants, our houses are our homes, but to the owner they are simply an investment.  With your support the Tenants’ Union can provide a stronger voice for tenants and occupants.  


We would like to take this opportunity to acknowledge that  the overwhelming support we have received from so many organisations and individuals across Canberra and beyond has meant so much to our staff (paid and voluntary) management committee and members during a very stressful and difficult time.

Staff and management will be meeting in mid January to determine the future of the TU and we will be advising our supporters and the wider community once it has been determined.

Southside Park Residents
Housing and Tenancy News  
Keeping Safe in a Mr. Fluffy Property

Before entering a residential property:

1. Check the Register
To identify if they will be working on or in an affected property.

2. Read the Guidance Note
For information on working safely in a Mr Fluffy house.

3. Ask for a copy of the Asbestos Management Plan
That will provide details of contamination within the property so a fully informed decision can be made. If there is no AMP in place, workers should consider whether they should undertake any activity in the property without clear knowledge of the extent and location of the contamination.

4. Contact WorkSafe ACT
On 6207 3000 and register your details on the National Asbestos Exposure Register if you think you may have been exposed to asbestos during work, at home or in the community.

For more information on managing your connection with loose fill asbestos visit the Asbestos Response Taskforce website.
Have your say: Share housing and occupancy agreements
Proposed changes to the law. You can have your say!
 
The ACT Government is planning on changing the legislation and it wants to hear from you. You can find more information here. Consultation closes on 24/01/2020.
 
The Tenants’ Union has reviewed the proposed changes and has some significant concerns especially in relation to co-tenancies.
 
A co-tenancy is where 2 or more tenants live together on the same tenancy agreement. As a co-tenant you will either be in a fixed-term (i.e. for a specific period) or periodic (no fixed period) tenancy. You usually sign a fixed-term agreement when you first move into a property. At the end of the fixed term (only 12 months in the ACT), the tenancy automatically becomes a periodic tenancy.
 
In a fixed-term tenancy, you have obligations for the duration of the tenancy. Unless the lessor and remaining co-tenants give consent (permission) for you to end your liability early, you remain liable until the end of the fixed-term. In a periodic tenancy, a tenant only needs to give 3 weeks written notice that they intend to leave. Once they vacate, their obligations end. A tenant leaving a periodic tenancy DOES NOT need consent from the lessor and remaining co-tenants when they want to leave.
 
The ACT Government is proposing changes that will mean you have to get consent from the lessor and remaining co-tenants if you leave a periodic tenancy. If consent is refused, the matter will need to go to the ACT Civil and Administrative Tribunal. This will take time and will likely mean a delay in getting your bond back.
 
The Tenants’ Union ACT does not support this proposal and thinks it will make it harder for tenants who want to leave either at the end of their fixed-term or in the periodic tenancy. There are other ways the government can address the issues that arise when a co-tenant leaves before the other tenants.
 
The Tenants’ Union has many other concerns about the proposed legislation. Some of these include:
 
  • If you are a sub-tenant and your head-tenant has not obtained the written permission of the lessor, you have no rights to remain in the property and have very little recourse. The ACT Government has not put in a provision giving these sub-tenants the right to get back the rent they paid.
  • If you are in an occupancy agreement, the grantor does not have to go to the ACAT to get an order terminating your agreement. This means the grantor can simply call the police and have you removed from the property. This is one of the biggest concerns the Tenants’ Union has had about occupancy agreements. The ACT Government has not listened to the feedback of the Tenants’ Union and other organisations. If you are in an occupancy agreement, you have far fewer rights than in a tenancy agreement. This benefits the grantor, not the occupant.
 
If you want to have your say, click here and provide your feedback. The ACT Government wants your feedback by 24 January 2020.
 
We will try and put out some more information about our concerns once we re-open on 13/01/2020
The ACT Government is seeking feedback on proposed changes to ACT tenancy law surrounding share housing and occupancy agreements. It is intended that the final version of the share housing and occupancy bill be introduced in 2020.

For more information about the changes you can view the:

ITDCBR  
ITDCBR 2019 - that's a wrap





Thank you to everyone who joined us and celebrated with at the many events held this year. Check out the Facebook albums to relive the excitement of this year's theme, as thought up by our very own John Harvey and picked by you, 'A sense of home'. 

Missed out on the exhibition? No worries - check out the 360 panorama photos below!
TAS Top Tips  
Can I end my tenancy on a weekend, public holiday, or over a holiday period?
Can my landlord evict me?

Some real estate agents tell tenants that they cannot terminate their tenancy agreement on Saturdays or Sundays, or over holiday periods.  There is nothing in the Standard Tenancy Terms that restrict the days on which an agreement can be terminated.

You must ensure that you have given appropriate notice in writing required by the following clauses of the tenancy agreement:

88   (1)   The tenant may give notice to terminate a periodic tenancy by giving the lessor not less than 3 weeks notice of the date when the tenant intends to vacate the premises.

(2)   The tenancy ends on the date specified by the tenant.

89   (1)   The tenant may give notice to terminate a fixed term tenancy at or after the end of the tenancy by giving 3 weeks notice of the date when the tenant intends to vacate the premises.

(2)   The tenancy ends on the date specified by the tenant.

It is important to note that your notice counts from the day of service (business day if it is a business) if you email or hand deliver it, or the day after you posted it to allow for a day to deliver it.

The purpose of the notice is to allow your landlord or agent time to organise advertising and for a date for the final inspection. You cannot be forced to stay in the tenancy extra days, it is up to the landlord or agent to fit in time for an inspection on, or before, the day you terminate it.  There is no provision for them to have an inspection after the tenancy has terminated.

Notice:

84   (1)  If the tenant serves a notice of intention to vacate and vacates the premises in accordance with the notice, the tenancy terminates on the date of vacating the premises.

(2) On receiving a notice of intention to vacate, the lessor may—

(a)   accept the notice and accept that the tenancy ends on the date nominated in the notice; or

(b)   apply to the tribunal for confirmation of the tenancy agreement, an order for compensation or both.

85    The notice of intention to vacate must be in the same form and contain the same information as the notice to vacate from the lessor except the notice must contain the statement that the tenant intends to vacate the premises on a certain date and the tenancy terminates on that date.

If they refuse to accept your keys,  write and advise them that you have no alternative but to post them registered mail.

Once the tenancy has terminated you can lodge your refund of bond form with the Office of Rental Bonds.

Also see Additional Final Inspections – are they valid?

The landlord or agent can serve a notice to vacate however, only the ACT Civil and Administrative Tribunal (ACAT) can order an eviction, and only the police can carry out the eviction.

An important protection given by the RTA is the prohibition in section 37 against a landlord attempting to recover possession in any other manner than that provided by the Act.

All tenancies in the ACT are regulated by the Residential Tenancies Act 1997 (RTA).

The terms of your tenancy agreement are set out in the RTA and Standard Lease, and are known as the Standard Tenancy Terms (STT). The landlord, or their agent, may only terminate a tenancy agreement in accordance with Part 4 of the RTA, and the STT.

The general effect of the legislation is to ensure that a tenant can only be evicted in the ACT if:

  • They have breached the terms of their tenancy agreement; or
  • The landlord has other lawful grounds for termination or reason for needing to recover the premises.

A landlord cannot terminate the tenancy just because the agreed fixed term has expired. When a fixed term expires it does not end the tenancy—it just means that the tenancy no longer has a set term, this is called a periodic tenancy.  For more information on this check our FAQ

For details about the eviction process go to our factsheet – Eviction in the ACT

You can also see – Can the landlord or agent change the locks or call the police and have me evicted?

 

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