Landlords under threat in NSW

LANDLORDS WILL HAVE LESS SAY IN WHO LIVES IN THEIR INVESTMENT PROPERTY, AND WHAT COSMETIC CHANGES TENANTS CAN MAKE TO IT, UNDER SWEEPING CHANGES TO NSW RESIDENTIAL TENANCY LAWS. FIXED-TERM LEASES WILL ALSO BECOME A THING OF THE PAST.

In November 2009, the NSW Government released the Residential Tenancies Bill 2009, which proposes some of the most radical changes in decades to the control and management of hundreds of thousands of rental properties in NSW.

Just a few examples of the changes proposed are detailed below.

Sub-letting

Under the proposed reforms, a landlord’s right to decide who inhabits their property may be able to be challenged.

The concept of permitting sub-letting without the consent of the landlord, and for there to potentially be an increasing stream of sub-tenants, will simply open a Pandora’s Box of issues for landlords.

Cosmetic changes

The proposed changes also provide that a landlord must not unreasonably withhold consent “to a fixture, or to an alteration, addition or renovation that is of a minor or cosmetic nature”. There is no definition of what is“minor or cosmetic” in the Bill.

 What is minor or cosmetic to a tenant may not be what is minor or cosmetic to a landlord. In addition, a minor or cosmetic change made by one tenant will not necessarily suit the next tenant. Such changes may also result in damage that is irreversible.

Landlords must retain the right to say ‘no’.

Fixed-term tenancies

Another proposed change will result in fixed-term tenancies becoming a thing of the past. Tenants will be able to break a lease, during the fixed term, without any special ground by giving just 14 days notice to the landlord and paying a break fee.

This single, dramatic change to current practice has the greatest potential of any of the proposed changes to utterly destroy landlord confidence.

What is the point of a landlord entering into a fixed-term tenancy that is unable to be enforced?

A need for appropriate reform

The stated objective of the reforms to “fairly balance the rights and obligations of tenants and landlords” is laudable. There is clearly a pressing need for reform in some areas of the residential tenancies regime.

However the changes proposed will instead substantially shift the balance of power further in favour of tenants.

In a market where many landlords are already only deriving a marginal return, measures such as those proposed may well be the straw that breaks the camel’s back.

The way forward – your voice is important

The changes proposed in the Residential Tenancies Bill are set to significantly affect your rights as a landlord.

If you do not agree with the proposed changes, you should contact your local Member of Parliament as a matter of urgency and make them aware of your concerns. It is your MP who will ultimately vote for or against these changes. Contact details for your local MP are attached.

We would also encourage you to register your opinion at http://www.reinsw.com.au/rtafeedback

Down load a copy of this article and a list of local MP’s: PMChapter_RTAflyer_FINAL[1]

Source: REI NSW

Property Management a billion dollar business

Agent on Rental Inspection

Property Management a billion dollar business

Property Managers and business owners from across the country who met in Sydney this week heard that property management is the unsung hero of the property industry. 

“We had 140 property managers in the room and between them we estimated the market value of the properties under management to be more than $2.6 billion dollars,” said First National Board member and Tasmanian State Chair Deanne Lamprey

“Each of our property managers are looking after millions of dollars worth of assets, they play a very important role in the real estate industry, economy and the community”.

First National Real Estate CEO, Ray Ellis, agreed.  

“All the data and analysis focus on the sales side of the property industry,” Mr Ellis said.

“When people work hard to put away money for an investment, they want to make sure that asset is looked after so they earn good returns and the value of their investment will continue to grow in the future.  

“In real estate, the people who look after those assets are property managers.

“With our housing stock in such short supply and vacancy rates tight across the country, effective property management is a vital part of our economy.

“Without good property management, the value of Australia’s housing stock would deteriorate in condition and then in value.”

Mark Millington, Principal from First National Real Estate Lakeshores said they were surprised by the value of assets under management. 

“It is very easy in a real estate business to focus on sales, but that side of the business is often very short term and easily affected by changes in interest rates, market sentiment and local developments,” Mark said. 

“Property Management is the business that tends to remain steady regardless of whether sales are up or down.  Looking after the assets of the community is important work that is often under valued.”

CAN RENTING BE BETTER THAN BUYING?

Current market conditions, coupled with growing concerns over housing affordability, are causing uncertainty for home buyers who are wondering whether they should continue to rent or commit to buying their own home.

Mark Millington, Principal from First National Real Estate Lakeshores says it all comes down to what suits the individual’s personal and financial situation best.

“With property prices and interest rates continuing to increase, mortgage repayments are beginning to be beyond the reach of many young Australians,” Mark said.

“But they shouldn’t panic.  Renting offers great flexibility with the option to relocate from home to home and area to area as the need arises, which is not the case with buying a property.

“If finances get tight, or the home situation changes for any reason, it is far harder to just pick up and go if you own your own home.

“Renting is also often a cheaper alternative to buying, especially in the inner city areas particularly favoured by Gen Y-ers who want that urban lifestyle close to where they work.”

While the housing supply and demand equation will continue to put pressure on vacancy rates, the fact remains that monthly rental payments will usually be less than a mortgage repayment for a comparable property.

“One of the greatest advantages of renting is that maintenance costs, repairs, rates and insurance bills are the responsibility of the property owner, and not the renter,” Mark said.

Despite these many advantages of renting a property, there are some disadvantages which will make buying preferable.  The most obvious one being that when you rent, you can never really put your own personal stamp on the property or make it reflect your individual style and design preferences.

“There is also the inconvenience, and in some cases pressure, of knowing your landlord can inspect the property whenever he/she wishes (providing they give sufficient notice) invading your privacy and peace of mind,” Mark said.

“But the biggest disadvantage is that you will never pay the property off, as you do with your own home.  You will always have to pay rent and therefore the money is lost for good, without any chance of recuperating it in the sale of a property.”

Ultimately, this is where the biggest difference is between renting and buying.  An individual needs to consider which will make the greatest impact on their personal net wealth and cashflow over their lifetime. 

“Usually, this will be purchasing a home, but it will come down to making sure you buy well and that you buy right,” Mark said.

“This is where the advice and assistance of a real estate agent comes into its own.  We have the necessary knowledge, experience and skills to understand the market, its trends and its weaknesses and opportunities and it is what we pride ourselves on. Despite the end of the boost to the First Home Owners Grant, it’s important to remember that the First Home Owners Grant still exists as well as many additional state Government financial incentives.

“So home buyers need to learn to make the most of the services we have available, so that they can make the most of their finances over the long term. There are many creative ways in which home buyers are saving for that first purchase whilst renting and we can help explain the options available.”

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