October 1 brings a lot of changes to the Residential Tenancies Act.

​Changes from 1 October 2022 include:

• providing tenants and property owners/managers with a wider range of specific reasons to end a tenancy with the appropriate notice periods
• introducing a framework to support negotiations about renting with pets
• introducing repair orders as an additional pathway for tenants to have repairs addressed in a timely manner.

Of particular interest buyers and sellers is section 286 which sets the Notice to Leave to be given to the tenant at two months after the Notice and not before the end of a fixed term agreement
 
Current subsection 286(1) which only applies to periodic agreements has been replaced and extends the application to both periodic and fixed term agreements.
 
It clarifies that the lessor may give the tenant a notice to leave because the lessor has entered into a contract to sell the premises with vacant possession. It also includes a new provision where the less or is preparing to sell the premises and the preparation requires the premises to be vacant.
 
In both cases they are two-month notices.
 
A new section has been added for false or misleading information in a Notice to Leave which provides for extensive penalties.
 
The details are set out below but in essence if the lessor a lessors agent gives a false or misleading notice then the lessor cannot re-lease the property for a period of six months after the handover day in the notice.
 
View the detailed rules about these notices here.

If you would like any more information about these changes, please feel free to call us for a discussion today - (07) 5559 9600

by David Hamilton

Managing Director - 0419 763 924

Southern Markets Developing a Tailwind
palmbeachfn.com.au August 2022
First National Property Solutions
Ph: 07 5522 3100