2019 Tenancy Regulations

Recently, NSW tenancy laws have changed - curious? Click here to find out more!

By Amanda Aloupis

24-03-2020 |
Recently, NSW tenancy laws have changed and are designed to both improve residents’ renting experience while ensuring that owners can effectively manage their properties start on 23 March 2020.

With more than 30 per cent of the NSW population now renting, the changes are timely and critical, as demand for quality rental properties continues to grow. The changes will reduce disputes over repairs and maintenance, increase protection and certainty for residents, clarify the rights and obligations of residents and owners and improve transparency between these two parties.

Below is an excerpt from the 2019 Residential Tenancy Regulations:

(1) For the purposes of section 66(2A)(a) of the Act, the following are kinds of fixtures or alterations, additions or renovations of a minor nature in relation to which it would be unreasonable for a landlord to withhold consent—

(a) securing furniture to a wall of premises, other than a tiled wall, if it is
necessary for the safe use of the furniture,
(b) fitting a childproof latch to an exterior gate of a single dwelling,
(c) inserting fly screens on windows,
(d) installing or replacing an internal window covering,
(e) installing cleats or cord guides to secure blind or curtain cords,
(f) installing child safety gates inside the premises,
(g) installing window safety devices for child safety,
(h) installing hand-held shower heads or lever-style taps for the purpose of assisting elderly or disabled people,
(i) installing or replacing hooks, nails or screws for hanging paintings, picture frames and other similar items,
(j) installing a carriage service for connecting a phone line or accessing the internet and any facility or customer equipment associated with the provision of the service,
(k) planting vegetables, flowers, herbs or shrubs if—
(i) existing vegetation or plants do not need to be removed, and
(ii) for shrubs—the shrubs will not grow to more than 2 metres in height,
(l) installing, on the residential premises to which the residential tenancy agreement relates, a wireless removable outdoor security camera, (Note. The Surveillance Devices Act 2007 regulates the installation, use and maintenance of surveillance devices.)
(m) applying shatter-resistant film to windows or glass doors,
(n) making a modification that does not penetrate a surface, or permanently modify a surface, fixture or the structure of the premises.

(2) For the purposes of section 66(2A)(b) of the Act, a fixture, or alteration, addition or renovation specified in subclause (1)(h) or (j) may be conditional on the fixture only being installed, or the alteration, addition or renovation only being carried out, by a person appropriately qualified to install a fixture, or carry out alterations, additions or renovations, of that kind.

(3) However, this clause does not apply—

(a) to premises under a residential tenancy agreement that comprise or include a lot in a strata scheme if the fixtures or alterations, additions or renovations—
(i) affect common property, other than a prescribed fixture, or alteration,
addition or renovation that is cosmetic work (within the meaning of
section 109(2) of the Strata Schemes Management Act 2015), or
(ii) would contravene the by-laws made for the strata scheme, or
(b) to premises under a residential tenancy agreement that comprise or include a site in a residential community within the meaning of the Residential (Land Lease) Communities Act 2013 if the fixtures or alterations, additions or renovations—
(i) affect a common area, or
(ii) would contravene the community rules made for the community, or
(c) to premises listed on the LFAI Register, or
(d) to premises that are a heritage item.

(4) Subclause (1)(g) does not apply in relation to premises under a residential tenancy agreement that comprise or include a lot in a strata scheme.

(5) Subclause (1)(l) does not apply in relation to social housing premises.

(6) In this clause—
common area has the same meaning as in the Residential (Land Lease) Communities Act 2013.
community rules has the same meaning as in the Residential (Land Lease) Communities Act 2013.
furniture includes bookcases, drawers, wardrobes, sideboards and televisions.
window covering includes curtains and removable blinds.

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