As in Force from 2nd January 2024
The Residential Tenancies Act 1999 has long been the go-to guide for landlords and tenants in the Northern Territory. Last week, it underwent some changes, marking a significant shift in housing regulations. Let’s explore these changes and what they mean for both landlords and tenants.
Enhanced Protections for Victims of Domestic Violence
The Bill introduces important safeguards for victims of domestic violence (DV), streamlining the process for immediate termination in such cases. It also shields victim tenants from liability for DV-related actions by non-tenants and grants landlords the ability to seek redress directly from the perpetrator for any loss suffered.
Minor Modifications by Tenant – Safety and Security
Locks & Security Devices
The tenant is permitted to alter or remove a lock on the premises. They are also able to add a lock or security device.
However, they must provide the landlord/agent with a key to the lock or security device within 2 business days after making the alteration or addition.
The tenant must obtain the landlord’s consent unless the tenant has a reasonable excuse for not seeking the landlord’s consent prior.
Safety or Security Modifications
Safety or security modifications refers to:
- Installing a security camera or alarm system
- Securing an item of furniture to a wall
- Replacing window dressings
- Any other similar modification excluding locks and security devices
If a tenant wants to make a safety or security modification to the premises, the tenant must obtain the landlord’s consent.
The landlord must grant or refuse the request within 10 working days, however cannot be unreasonably refused.
If the modifications are urgent due to an immediate safety or security issue, the tenant can make the modifications without the landlord’s consent. However, the tenant must notify the landlord within 2 business days of the works commencing.
If safety or security modifications are carried out by the tenant, they must restore the property to its original condition at the end of the tenancy, unless the landlord consents to the property not being restored.
Rent Payable
Landlords cannot accept from a tenant, rent that is higher than the amount offered by the landlord or the amount the property has been advertised for rent.
A landlord can request a higher rent than the amount offered or advertised if the tenancy agreement contains terms that grant additional services or benefits to the tenant.
Termination of Tenancy
Landlords must now provide a 60-day notice period for termination, applicable to both fixed and periodic tenancies entered into from 2nd January 2024. This also includes lease renewal commencing from 2nd January 2024.
If a periodic tenancy commenced prior to 2nd January 2024, the landlord may provide 42 day notices to terminate the tenancy.
If a landlord terminates a tenancy, the tenant may terminate the tenancy before the date stated in the Notice of Termination, by:
- Giving written notice to the landlord stating an earlier date
- Giving up vacant possession of the premises on the date stated in the tenant’s notice
The tenancy terminates on the day possession is given up.
Lease Breaks
Tenants are liable for a maximum of 4 weeks’ rent if they have resided in the property for less than half the term of their tenancy.
If the tenant has resided in the property for more than half the term of their tenancy, they are liable for 2 week’s rent.
This is applicable for leases commencing from 2nd January 2024 and also for leases renewed from 2nd January 2024.
Advertising and Privacy of Tenant
Tenant privacy takes centre stage as landlords need tenant approval before using images in advertising that display personal belongings or identify the tenant.
Termination – Undue Hardship
The scope of undue hardship is broadened to include financial, physical, psychological, or mental health and safety concerns
Electronic Service
Embracing the digital age, the amendments enable electronic service of notices and correspondence.
Applying for a Property
Landlords’ requests for tenant information are now restricted. Clear provisions on the retention and destruction of a tenant’s personal information ensure a transparent and secure handling of sensitive data during the application process.
It is crucial for both investors and tenants to familiarise themselves with the new provisions. We understand that these changes may evoke mixed sentiments, especially from our landlord community. Our commitment is to foster an atmosphere of empathy and understanding for all parties involved.
Please refer to the following link for further information regarding the legislative changes:
Consumer Affairs NT – Renting in the Territory
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