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Law Reforms: Consumer Credit and Tenancy Law

Law Reforms: Consumer Credit and Tenancy Law . NSW Tenancy Law Update. Presented by: Grant Arbuthnot, Principal Solicitor & Ken Beilby, Litigation Solicitor. History. Landlord and Tenant Act 1899 Landlord and Tenant (Distress Abolition) Act 1930 Landlord and Tenant (Amendment) Act 1948

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Law Reforms: Consumer Credit and Tenancy Law

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  1. Law Reforms: Consumer Credit and Tenancy Law

  2. NSW Tenancy Law Update Presented by: Grant Arbuthnot, Principal Solicitor & Ken Beilby, Litigation Solicitor

  3. History • Landlord and Tenant Act 1899 • Landlord and Tenant (Distress Abolition) Act 1930 • Landlord and Tenant (Amendment) Act 1948 • Landlord and Tenant (Rental Bond) Act 1977 • Residential Tenancy Tribunal Act 1986 • Residential Tenancies Act 1987 • Consumer, Trader and Tenancy Tribunal Act 2001 • There has been a shift from land law to consumer law

  4. Legal Changes • Nicholson v New South Wales Land and Housing Corporation (unreported, NSW Supreme Court, Badgery-Parker J, 24 December 1991, No 30027 of 1991) • Growing volume of amendments for Public Housing • Offe v Residential Tenancies Tribunal of New South Wales and Ors [1997] NSWSC 523 (29 October 1997) • Swain v Residential Tenancies Tribunal of New South Wales (unreported, NSW Sup Ct, Rolfe J, 22 March 1995, 30034 of 1994)

  5. The Process of Law Reform • Late 1990’s review of the Residential Tenancies Act 1987 merged with the National Competition Policy Review of legislation • 2005 Discussion Paper • December 2007 the NSW Government invited responses to a tenancy law reform proposal document • Late 2009 a Draft Exposure Bill was published

  6. Good Changes • Residential tenancy databases • Co-tenants • Domestic violence • Rent arrears • Break fees • Termination by tenants

  7. Bad Changes • Access to premises for sale • Uncollected goods

  8. Unfinished Business • Termination ‘without grounds’ • Exclusions

  9. Other Improvements • Alterations • Holding fees • Rent payments and receipts

  10. Strange Ideas • Social housing • Long-term tenancies

  11. Where are we now? • The Office of Fair Trading intends: • The Bill to go to Cabinet May 2010 & • The Bill to go to Parliament in May / June • It is believed that the Regulations will be drafted in the last half of 2010

  12. For Further Information • The Tenants’ Union website – www.tenants.org.au • The Tenants’ Union blog – The Brown Coach http://tunswblog.blogspot.com/

  13. What Next? • The Tenants’ Union will be writing to all CLC’s seeking their support for our law reform efforts.

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