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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-02-18 Daily Xml
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RESIDENTIAL TENANCIES

The Hon. B.V. FINNIGAN (15:27): I seek leave to make a brief explanation before asking the Minister for Consumer Affairs a question about residential tenancies.

Leave granted.

The Hon. B.V. FINNIGAN: Landlords and tenants have an obligation to ensure that premises are kept in a similar condition to that which prevailed when the occupancy commenced. Will the minister inform the council what is being done to assist tenants and landlords in understanding their rights and responsibilities?

The Hon. G.E. GAGO (Minister for State/Local Government Relations, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister Assisting the Minister for Transport, Infrastructure and Energy) (15:28): In 2008, disputes over who was responsible for the repairs and maintenance of rental properties were the top reason for tenants and landlords requesting assistance from the Office of Consumer and Business Affairs. OCBA's tenancy branch assisted with 3,841 disputes between landlords and tenants in 2008, which is a 6 per cent increase in disputes handled in 2007.

Disputes relating to rental properties often arise when landlords and tenants are not familiar with their rights and responsibilities. If tenants are not quick to report matters that need attention, or if landlords drag their heels when attending to repairs, this can create tension. The most common area for rental disputes in 2008 related to the breaking of a lease. Tenants who want to leave a property before the end of a fixed-term lease may not realise that they can be liable for advertising, re-letting fees and any loss of rent whilst the property is vacant. On the other hand, landlords need to understand that there are protections for tenants under the Residential Tenancies Act 1995, and tenants cannot be forced to move out early. I take this opportunity to remind landlords and tenants that rental arrangements and agreements can be varied in some circumstances, but both parties must agree to those changes.

Along with providing a disputes resolution service, OCBA received approximately 95,000 inquiries about rental matters from tenants, landlords and property agents.

The majority of issues were resolved with the advice provided, but invariably some matters required assistance from OCBA to conciliate disputes. In an effort to educate tenants, landlords and property agents about their rights and obligations, OCBA conducts seminars in metropolitan and regional areas. In addition, landlords and property managers are required by law to give an information booklet to their tenants at the commencement of their lease that outlines their rights and obligations. The information booklet looks at the rights and responsibilities of both parties to a rental agreement, and a lot of stress and misunderstanding can be minimised by simply taking the time to consider the information in that booklet carefully.

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