The Residential Tenancies Act & NSW Fair Trading obligations

Any person renting out a property is regulated by the residential tenancy act and governed by NSW Fair Trading. This applies if you are a self managing landlord or if you employ the services of a qualified professional. Every step of the rental process is fraught with danger of litigation in almost every task we undertake. Our property managers are not just ‘competent’ in this area, they possess a strong understanding of their role and continually increase their knowledge through regular training. Our agents are often employed to ’pick up the pieces’ after a landlord has spent hours trying to resolve tenant conflict and issues that have resulted in countless hours and monetary costs. Our clients receive the optimum benefits of being an investor as all our managers stay up to date with market trends and legislative changes.

Balcony & window safety

To prevent children from falling from windows, balconies and verandas, the NSW Fair Trading have strong rules that are to be with regards to balustrades, railings & windows. The NSW tenancy laws require landlords to provide and maintain locks and security devices to make the premises reasonably secure. For example, locks or guards must be fitted to windows so that they cannot be opened more than 12.5cm.

Window coverings, cord & locks

There are national mandatory safety standards in the design, construction and labeling of corded window furnishings. Regulations apply in relation to any corded window coverings such as verticals, Venetians, Holland, Roman blinds and curtains and any fittings containing cords, curtain rods and tracks.

Swimming pools

From 29 April 2016 all properties in NSW with a swimming pool or spa cannot be leased without a valid certificate of compliance. All swimming pools or spa pools must be registered on the NSW Swimming Pool Register available at www.swimmingpoolregister.nsw.gov.au

Smoke detectors

The Residential Tenancies Act states that there must be a compliant, working smoke detector in all residential properties. If the smoke alarm has a replaceable battery, the battery must be replaced at the start of each tenancy. The tenant is then responsible during the course of the tenancy unless physically unable or if the smoke alarm is hard wired with a battery back up.

Water usage charges

A tenant must pay the water usage charges for the residential premises only if the property is separately metered and contains water efficiency measures.

As stated in the Act, water bills must be received in the office within 3 months of the issue date or we cannot legally charge the tenant.

Other requirements

Landlords are responsible for ensuring the property can be securely locked, and that keys are available for each lock. It is also necessary that bins and services are arranged through council, and a functioning letterbox must be installed.