Latest news with #TenantsUnion
Daily Mail
3 days ago
- General
- Daily Mail
Major victory for renters after hated rule is revoked for millions of Aussies
Renters in Tasmania will no longer need to pay to get their carpets professionally cleaned when vacating a rental following a court battle over a 'small yellow stain'. A 'blanket' clause requiring tenants to get their carpets cleaned at the end of a lease was previously commonplace in contracts for rentals in Tasmania. It had not been legally tested but was protected by the Real Estate Institute of Tasmania (REIT) until a court dispute saw the clause recently overruled. The Residential Tenancy Commission (RTC) ruled carpets would only have to be professionally cleaned at the expense of the exiting tenant if they were found to be in a worse condition than they were at the start of the lease. The ruling came after the Tenants Union of Tasmania (TUT) represented a renter from Burnie, on the island's north coast, after part of their bond was withheld in order to pay for all the carpets in their rental to be professionally cleaned. It came after their landlord found a 'small yellow stain' on the bedroom carpet. The stain had not been recorded in the condition report and no other photos were supplied of any damage to the other carpets in the home. The RTC found the tenant was only responsible for the cost of cleaning the single stain and awarded their landlord $25 for cleaning. 'I will award an amount I consider reasonable given the stain in question is very small, even when photographed close up,' the ruling stated. 'The owner is awarded $25 for carpet cleaning.' The RTC went even further, declaring tenants will no longer have to pay for professional carpet cleaning at the end of a residential tenancy. 'A tenant is not responsible for carpet cleaning performed as a matter of general practice as opposed to any real need or genuine failure of the tenant, in accordance with their obligations,' the commission ruled. Tenants Union senior solicitor Andrew Smith told the ABC the ruling made the 'blanket clause' requiring carpets to be professionally cleaned 'invalid'. 'A tenant has the right not to do it, if they've left it in the same condition as when they moved in and there's proof of that,' he said. 'So as always, tenants should take their own photos when moving in and carefully make any notes in any condition reports they (are) provided.'
News.com.au
3 days ago
- Business
- News.com.au
Mandatory professional carpet cleaning in Tasmanian rent agreements ruled invalid
Renters have walked away with a win after a recent bond dispute over a 'small yellow stain' ended with a ruling a tenant is not necessarily required to have the carpet professionally cleaned when vacating. The Residential Tenancy Commission (RTC) ruled Tasmanian tenants are only required to get on the tools if they leave the carpet in a worse state than when they began their lease. It is understood the requirement appears in rental contracts 'all the time' as it is in the standard lease agreement provided to landlords by the Real Estate Institute of Tasmania. The finding by the RTC reads: 'A tenant is not responsible for carpet cleaning performed as a matter of general practice as opposed to any real need or genuine failure of the tenant, in accordance with their obligations.' The Tenants Union of Tasmania represented the tenant regarding the Burnie property. It said this was the first definitive ruling on the matter and was a legally enforceable decision. 'It really shines a light that a blanket clause in standard tenancy agreements that says you have to have premises professionally cleaned is invalid,' Tenants Union senior solicitor Andrew Smith told ABC News. 'A tenant has the right not to do it, if they've left it in the same condition as when they moved in and there's proof of that. 'So as always, tenants should take their own photos when moving in and carefully make any notes in any condition reports they (are) provided,' he added. 'It is in the standard Real Estate Institute lease that almost all real estate agents will use and a lot of private landlords will choose to use, even some social housing providers are using these leases.' The case which led to the historic ruling was regarding a 'small yellow stain' on the carpet of one of the bedrooms – which was not recorded in the ingoing condition report at the start of the lease. No other photos of the carpet's condition were provided at the end of the lease period, with the commissioner ruling the tenant was only responsible for the cleaning of that one stain. 'Given the stain in question is very small … the owner is awarded $25 for carpet cleaning.'
ABC News
3 days ago
- Business
- ABC News
Requirement for professional carpet cleaning at end of lease ruled invalid in Tasmania
Tasmanian tenants are not necessarily required to have their carpets professionally cleaned when they vacate their rental property, despite "almost all" leases saying they are, a ruling has found. In a recent bond dispute regarding a Burnie property, the Residential Tenancy Commissioner found the tenant is only required to have the carpet professionally cleaned if they leave it in a worse state than when they began their lease. "A tenant is not responsible for carpet cleaning performed as a matter of general practice as opposed to any real need or genuine failure of the tenant, in accordance with their obligations," it states. The Tenants Union of Tasmania, which represented the tenant, said this was the first definitive ruling on the matter and was a legally enforceable decision. "It really shines a light that a blanket clause in standard tenancy agreements that says you have to have premises professionally cleaned is invalid," Tenants Union senior solicitor Andrew Smith said. "A tenant has the right not to do it, if they've left it in the same condition as when they moved in and there's proof of that. Mr Smith said despite the ruling, the condition to have carpets professionally cleaned was appearing in leases "all the time", as it was in the standard lease provided to landlords by the Real Estate Institute of Tasmania. "It is in the standard Real Estate Institute lease almost all real estate agents will use and a lot of private landlords will choose to use, even some social housing providers are using these leases," he said. The Real Estate Institute of Tasmania has declined to comment. In the case that led to this ruling, the Residential Tenancy Commissioner said the owner had provided a photo of a "small yellow stain on the carpet of one of the bedrooms, which was not recorded in the ingoing condition report". But no other photos had been supplied showing the condition of the carpet at the end of the tenant's lease. Hence, the commissioner said the tenant was only responsible for the cost of cleaning that one stain. "I will award an amount I consider reasonable given the stain in question is very small, even when photographed close up," the ruling states. "The owner is awarded $25 for carpet cleaning." The case also dealt with the cost of fumigating the property, given the tenant had a pet. The tenant had argued the same principle should apply to fumigation as carpet cleaning, but the commissioner took a different view. "While I understand they seem similar in nature, carpet cleaning is predominantly cosmetic and the requirement can be determined based on outgoing photographs," the ruling says. "Fumigation is considered a necessary measure to return the property to a hygienic state and remove pests, dander and other allergens associated with pets in the premises. "Therefore, I am satisfied that a requirement for fumigation at the end of a tenancy is reasonable and is not inconsistent with the [Residential Tenancy] Act." The Tenants Union said it did not agree entirely with the commissioner's interpretation of the law. "We think it's a similar issue and that clauses requiring professional fumigation unconditionally are also invalid if they're not required by the condition of the premises," Mr Smith said. "Say if the tenant had a dog that always stayed outside or simply a fish in a fish tank, why is a tick and flea spray required inside the premises?"
ABC News
19-05-2025
- Business
- ABC News
Laws ending no fault evictions come into effect in NSW
Skip to main content 33m ago 33 minutes ago Mon 19 May 2025 at 2:43am Leo Patterson Ross, the CEO of the Tenants' Union of NSW, say the new rental laws will make a positive difference, but still leave loopholes for landlords.
Yahoo
15-05-2025
- Business
- Yahoo
Major rule changes for millions of Aussie renters just days away
For the millions of renters around the country, it's no secret that the market is tough — forcing some Aussies to go to extreme lengths in order to have a roof over their heads. The stress of securing a home then turns into the stress of keeping it, with landlords in NSW allowed to evict a tenant for any reason, or no reason at all. But the good news is major changes are just around the corner, providing the two million renters in the state with some relief. From May 19, new tenancy laws around evictions, pets and payment options will become operational. Late last year, a number of changes were introduced including caps on rental increases and a ban on paying for background checks when applying for a property. Here's what Monday's new rules will mean for you. Currently, landlords can kick out a tenant for any reason as a 'no grounds' eviction. This is legal, as long as they give the required notice period. From May 19 new eviction rules come into play, which will see the controversial 'no grounds' eviction rules scrapped. 'The landlord's ability to evict renters for no reason basically undermines really any other rights renters have, and tenants have been concerned about exerting their rights to repairs and disputing rent increases because in the back of their mind, they know that they could be given a no-grounds notice," Elouise Parrab from the Tenants' Union of New South Wales told Yahoo News. "So these changes will mean that they'll have greater stability and they'll be able to stay in their homes for longer, and also allow them to ask basic things like repairs without having that concern or fear of eviction." She said the change has been "50 years coming" and is a reason for tenants to celebrate. Landlords will need a valid legal reason to evict a tenant, and will even have to provide proof to show the reason is genuine. Reasonable grounds for eviction (as summed up by the Tenants' Union of NSW) Significant renovations/repairs or demolition of the property, that mean you need to move out of the property A change in the use of the property, in situations where the property will no longer be used as a rental The owner or their family intends to move into the property The landlord proposes to sell the property The renter is living in affordable or transitional housing and is not eligible for that housing program anymore The renter is living in purpose-built student housing and is not enrolled as a student anymore The premises are part of NSW Government key worker housing scheme and are needed to house a priority key worker Breach by the tenant (such as non-payment of rent) Sale of premises requiring vacant possession The agreement is an employee or caretaker agreement, and the employment or caretaker arrangement has ended Previously, landlords have been able to refuse pets without a reason, however these rules are also changing. From Monday, tenants will have the right to request permission to keep pets in their home. "It really doesn't seem fair that renters can't make decisions about whether they're going to adopt a pet and have a pet in their family, like people in their own home can make that decision," Ms Parrab said. "It shouldn't just be an arbitrary decision because the landlord doesn't want a pet." Landlords can only refuse within a set list of reasons, and must respond to the request in writing within 21 days or consent will automatically be granted. They are also not allowed to increase the rent or bond due to the animal. If a pet is approved, the landlord has the right to establish conditions around the animal, including cleaning the carpet when vacating the property. Valid reasons for pet refusal include: that allowing the animal would lead to an unreasonable number of animals at the property the property is not suitable for the animal because fencing is inadequate, there is not enough open space or, the property would not allow the animal to be kept humanely, keeping the animal would likely cause damage that would cost more to repair than the rental bond, the landlord lives at the property, keeping the animal would violate a law, regulation, local council order, by-law or community rule, the tenant has not agreed to a reasonable condition proposed by the landlord. From May 19, landlords and agents must provide tenants with a fee-free option to pay rent so they don't incur additional charges. This could include methods like bank transfers and Centrepay. Ms Parrab said there is currently legislation in place to provide at least one fee-free way to pay the rent, but those options were usually limited to paying by cheque — which is largely unused — or by paying in cash at the real estate's office, which involves time and travel. "Now we will have a genuine fee-free and accessible option for renters to pay their rent," Ms Parrab said. Later this year, the Portable Bonds Scheme will come into effect, which will allow tenants to transfer their current bond to a new home, instead of paying a second bond. Do you have a story tip? Email: newsroomau@ You can also follow us on Facebook, Instagram, TikTok, Twitter and YouTube.
