November 6th, 2024
What do Queensland’s new property laws mean for Property Managers?
Industry News
Blog
The NSW rental landscape is evolving with the Residential Tenancies Amendment Act 2024, bringing significant reforms that impact both renters and Property Managers. Passed on 24 October 2024, this legislation aims to improve rental security, affordability and transparency, heavily favouring renters.
Some changes — such as restrictions on upfront fees and a cap on rent increases — are already in effect, while others, including the end of ‘no grounds’ evictions and easier pet approvals, will roll out in early 2025. So, what do these changes mean for Property Managers and owners? And how can you stay compliant while maintaining efficiency? Let’s break it all down, with expert insights and solutions to help you navigate the shift smoothly.
On 24 October 2024, as part of the Minns Labor Government delivering on its election promise to ‘make renting fairer’, NSW Parliament passed the Residential Tenancies Amendment Bill 2024. The legislation is now the Residential Tenancies Amendment Act 2024 (the Act).
The changes already in effect include:
The changes expected in early 2025:
We’ll take a closer look at each of these changes and how they impact property management practices.
Spoiler alert: there are a bunch of PropertyMe features and tips from some industry experts that can help!
Owners and Agents are no longer permitted to charge fees to renters at the start of a tenancy.
Prohibited fees include:
Permitted fees include those relating to the ongoing tenancy costs, including:
With several rent collection platforms charging fees to tenants, the largest impact will be to Property Managers using third-party apps to process rent payments.
MePay is a great option for Property Managers to comply with this legislation change as it is completely integrated with real-time updates in PropertyMe — meaning no manual receipting, it’s integrated with the tenant app, alongside their payment schedule, invoices and other property information, and it is completely free for both tenants and agencies, there are no fees passed on.
The number of rent increases an Owner or Property Manager may issue has been reduced from two increases to one increase per year. Previously, only periodic leases and fixed-term leases of two years or more had this rule. It now applies to all leases.
With a longer wait between increase periods, owners and Property Managers will need to be diligent in raising rents to the market rate during the window allowed to keep in line with market rates, rather than smaller staged increases across two increases in the year.
For example, instead of applying a $10 per week increase in June and another $10 in December, the whole $20 would be applied in June.
We recommend adding a section to the message template for rental increase notices to landlords advising them of the change and ensuring they are aware before processing any rent increases. Or use it as an opportunity to provide proactive service and jump on the phone for your next rent increase.
If you’re still not sold on proactive customer service, check out the following stats:
In NSW, Property Owners and Managers currently have several legal grounds to terminate a residential tenancy agreement. One of these is a ‘no grounds’ termination, which requires 90 days’ notice and does not require a reason for ending the lease. However, this will soon be prohibited in NSW.
The move to ban ‘no grounds’ terminations is a growing trend across Australia. They are already prohibited in:
States where ‘no grounds’ terminations are still allowed:
In addition to this, the changes introduce offences and penalties for both Property Managers and landlords, in relation to:
Except in instances where Property Managers could ‘easily find out’ if landlords’ instructions were in breach of the above terms.
NSW Rental Commissioner, Trina Jones spoke on this topic at the 2024 PropTech Forum, explaining the concept behind the introduction is security for renters and reducing the disruption of multiple moves. If a property is available to be general public to be rented, then it should be available to the current tenants, if they have not breached any lease conditions.
Owners and Property Managers are now required to provide reasons and evidence to the tenant for termination of a tenancy.
The permitted reasons include:
We are yet to see what evidence will be required, as the drafted regulations have not been released.
Key changes to the day-to-day practices of Property Managers will likely include a more rigorous tenant selection process. This means placing greater reliance on prior references and rental history, rather than offering tenants the benefit of the doubt or a chance, as terminating leases for problematic tenants will become more challenging.
Additionally, there will be a stronger focus on documenting and addressing breaches as they occur, rather than waiting until the end of a fixed term to assess whether the situation improves.
The following exclusion periods for re-leasing and amended notice periods apply to terminations for the following reasons:
Standard Residential Tenancy Agreements
Reason for termination | Requirement | Exclusion period |
87C Breach of tenancy agreement | – The tenant has breached the residential tenancy agreement, and – The breach is, in the circumstances of the case, sufficient to justify the termination of the agreement | Nil |
87D Actual sale of premises | – A contract for the sale of the premises has been entered into, and – The contract requires vacant possession of the premises | Nil |
87E Proposed sale of premises | – The premises will be offered for sale, and – The contract for sale will give vacant possession of the premises | 6 months |
87F Significant renovations or repairs to premises | – The premises will be subject to works for significant renovations or repairs, and – The premises need to be vacant for the works to be carried out properly, and – The works are planned to commence within 2 months after the termination date Unless: – An order of the Tribunal under section 65(2) is in force in relation to the premises – A landlord rectification order under section 65C applies to the premises | 4 weeks |
87G Demolition of premises | – The residential premises will be demolished, and – The demolition is planned to commence within 2 months after the termination date | 6 months |
87L Premises no longer to be used as rented residential premises | – The premises will cease to be used as rented residential premises under this Act, and – Will not be used as rented residential premises under this Act for at least 12 months | 12 months |
87M Landlord or family will reside at the premises | A relevant person will reside at the residential premises for at least 6 months. Relevant persons include: – A landlord, – A spouse or de facto partner of a landlord, – A dependent of a landlord who ordinarily resides with the landlord – A parent, grandparent, child, grandchild, sibling, child of a sibling, sibling of a parent or first cousin of a landlord, or a spouse or de facto partner of a landlord | 6 months |
Other Tenancy Agreements
Exclusion periods do not apply in the following scenarios.
Reason for termination | Requirement |
87H Tenant no longer eligible for affordable housing scheme | – The tenant is no longer eligible to participate in the scheme, or – The scheme operated only for a limited period and the period has ended |
87I Tenant no longer eligible for transitional housing program | – The tenant is no longer eligible to participate in the program, or – The program operated only for a limited period and the period has ended |
87J Premises required for key worker accommodation | – The residential premises are part of a NSW Government key worker housing scheme, and – The tenant was made aware when entering the residential tenancy agreement for the premises that: a) the premises are part of a key worker housing scheme, and b) the tenancy may be terminated if the premises are needed to house a key worker, and d) the termination is necessary to ensure priority key workers are housed in appropriate locations |
87K Tenant no longer eligible for student accommodation | – The residential premises are purpose-built student accommodation, and – The tenant rented the premises as a student, and – The tenant is no longer a student |
87N Employee and caretaker residential tenancy agreements | – The residential tenancy agreement is an employee or caretaker residential tenancy agreement, and – The employment or caretaker arrangement has ended |
Full details of termination and exclusion periods can be found here.
If a tenant under a fixed-term agreement has been given a termination notice, they may give the landlord an ‘early exit’ notice, providing 14 days’ notice that they will be giving vacant possession before the termination date.
The tenant is then not liable to pay rent for the period after:
Renters will be allowed to keep pets at rental properties, unless owners or Property Managers decline the pet application within 21 days, for one of the following reasons:
Note: The regulations, which have not yet been released, may make further provision in relation to grounds including by clarifying or defining terms used in the grounds.
Reasonable conditions for keeping animals include:
Unreasonable conditions for keeping animals include:
Landlords and Property Managers must not advertise, in relation to residential premises for lease, that a tenant’s animal will not be permitted to be kept at the residential premises.
Until more information is released regarding the reasons for declining an application, it’s hard to know how much impact this will have on owners and Property Managers.
Tips for Property Managers processing these legislation changes include:
Extra reading: The RSPCA provides guidance on suitable environments and responsible ownership through the RSPCA Policy A2 Responsible companion animal ownership, including considerations such as:
Property owners and Property Managers will be required to offer a way to pay rent that is electronic and without additional fees to renters. Renters will be able to choose a bank transfer method or payment via the Commonwealth Government’s Centrepay.
(Note Centrepay incurs processing fees for registered businesses which cannot be passed on to a Tenant).
If both the renter and landlord agree, the renter can choose to pay rent using other options.
While some of these changes are already in effect, others — such as the end of ‘no grounds’ evictions and streamlined pet approvals — are set to roll out in early 2025. However, many of the finer details, including the specific regulations and evidence requirements for terminations, are yet to be finalized.
As we await further clarity on the legislative framework and effective dates, Property Managers and owners should stay informed and prepare for compliance. Keeping up with industry updates, leveraging the right tools and adapting processes proactively will be key to navigating this evolving rental landscape with confidence. Stay tuned for more insights and practical solutions as we continue to break down these changes.
For more information: