The Residential Tenancies Act 1997 (Cth) which came into effect from midnight on 25 May 1998 gives tenants increased protection. Some major points to note include:
Landlords will now need to notify tenants of any breach of their Lease and also give the tenant the opportunity to remedy the breach before taking eviction proceedings.
A supposedly quicker procedure for evicting tenants who have failed to pay rent or otherwise breached their Lease agreements.
A process through the Tenancy Tribunal which will assist tenants to avoid eviction.The new legislation changes the previous law which allowed a landlord to serve a Notice to Quit and then on failure to vacate the premises allowed the landlord to apply to the Magistrates Court for eviction.
Residential tenancy disputes will now be adjudicated by the Tenancy Tribunal which will have more flexibility and discretion than the Magistrates Court.
For example the Tenancy Tribunal will be able to take account of the significance of a tenant's breach, the fact that a tenant remedied the breach and whether the tenant is likely to remedy a breach.
The new legislation also protects tenants by prohibiting rental increases occurring more frequently than once every year, requiring that the landlord give the tenant at least 8 weeks written notice before increasing rent, and the introduction of special circumstances which would entitle a tenant to a rent reduction.
Michael Deasey
BA, LLB (ANU)
Senior Associate
Snedden Hall & Gallop
September 1999
April, 2001
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