The summary table illustrates the changes to the current RTA and the dates the changes come into effect:

  • Current
  • Amended
  • Date of Change
Rent Increases:
Rent can be increased with 60 days’ notice. No increase can take effect within 180 days after the date of the commencement of the tenancy or within 180 days after the date on which the last increase took effect
  • Increases are limited to every 12 months
  • The freeze on rent increases put in place through the COVID-19 legislation remains in place until 25 September 2020 therefore any rent increase can only take effect from 26 September
  • Notices of rent increases issued from the day after Royal Assent of the Bill (12 August 2020) will only be valid if they comply with the 12-month rule
 12 August 2020
Termination of Tenancies (Landlords):
Tenancies can be terminated with notice with no reason provided
  • It will be an unlawful act (penalty up to $6,500) for landlords to terminate a tenancy without a reason specified under the RTA
 11 February 2021
Tenancies can be terminated with notice with no reason provided Anti-social tenants:

  • Landlords will have to issue a tenant three written notices for separate anti-social acts within 90 days then apply to the Tenancy Tribunal to terminate the tenancy
  • Where a tenant challenges a notice of anti-social behaviour in the Tribunal, the landlord must prove the behaviour occurred
  • Anti-social behaviour is defined as harassment or any other act or omission that causes more than minor alarm, distress, or a nuisance situation
 11 February 2021
Tenancies can be terminated with notice with no reason provided Further grounds for a landlord terminating periodic tenancies:

  • The tenant has been at least five working days late with their rent payments on three separate occasions within a 90 day period
  • Where the landlord will suffer greater hardship than the tenant if the tenancy continues
  • The landlord or a member of their family or employee requires the premises as their principal place of residence
 11 February 2021
Tenancies can be terminated with notice with no reason provided The tenant assaulted the landlord, their family or Property Manager and the Police laid a charge 11 August 2021 (but may take effect earlier if the Government agrees)
Notice Required (Tenants):
Tenants must give a minimum of 21 days’ notice to end the tenancy A tenant may terminate a periodic tenancy at any time by giving at least 28 days’ notice 11 February 2021
Tenants must give a minimum of 21 days’ notice to end the tenancy Tenants who are experiencing family violence can withdraw from a tenancy by giving two days’ notice. The tenant will need to provide evidence of the family violence 11 August 2021 (but may take effect earlier if the Government agrees)
Periodic Tenancies – Notice Required (Landlords):
A landlord can give a minimum of 42 days’ written notice to end the tenancy if:

  • the property has been sold with vacant possession
  • the owner or a member of the owner’s family is going to live in the property
  • the property is normally used as employee accommodation and it’s needed for this purpose. The fact that this might happen must be included in the tenancy agreement
 A landlord can give a minimum of 63 days’ written notice to end the tenancy if:

  • The owner or a member of the owner’s family is going to live in the property within 90 days of termination for a minimum of 90 days
  • The landlord customarily uses the premises, or has acquired the premises, for the occupation of employees within 90 days of termination for a minimum of 90 days. The fact that this might happen must be included in the tenancy agreement
 11 February 2021
A landlord can give at least 90 days’ written notice to end the tenancy for any reason not listed above A landlord can give at least 90 days’ written notice to end the tenancy if:

  • The premises are to be put on the market by the landlord within 90 days of termination
  • The landlord has sold the property under an unconditional agreement with vacant possession;
  • The premises are to be converted into commercial premises and will be used for at least 90 days
  • The premises needs to be vacant to facilitate the use of nearby land for a business activity (and this is stated in the tenancy agreement);
  • Extensive alterations, refurbishment, repairs, or redevelopment of the premises are to be carried out. Work must begin, or material steps towards it need to be taken within 90 days after the termination date
 11 February 2021
Fixed Term Tenancies
Fixed-term tenancies automatically become periodic tenancies upon expiry of the fixed-term if both parties agree. The landlord can give notice if they wish the tenant to sign another fixed-term but the tenant wants a periodic tenancy Fixed-term tenancy agreements convert to periodic tenancies unless:

  • A landlord gives notice using the reasons listed in the RTA for periodic tenancies; or
  • A tenant gives notice for any reason at least 28 days before the end of the tenancy;
  • The parties agree to extend, renew or end the fixed-term tenancy. The landlord must accept a periodic tenancy if the tenant does not want to sign a fixed-term tenancy (unless notice is given using the reasons listed in the RTA for periodic tenancies)
 11 February 2021
Consent for Tenant’s Fixtures:
The landlord can reject a tenant’s request to renovate, alter or add to the property
  • The landlord must not unreasonably withhold consent for a fixture, renovation, alteration, or addition. If the change is a minor change, the landlord cannot withhold consent
  • If the landlord consents to the request, they can impose reasonable conditions for both a minor or a major change e.g. the landlord might ask that shelving is installed in a different location to avoid disrupting wiring behind a wall
  • The landlord must respond to the tenant’s written request within 21 days
  • The response must indicate whether or not the landlord considers the fixture, renovation, alteration or addition to be a minor change
  • If the change is more than minor, the landlord can only withhold consent if the request is unreasonable. In this situation, the landlord can take longer than 21 days to consider the request if they notify the tenant that they will need more time within 21 days of the date the tenant made the request. They must still respond in a reasonable amount of time
  • Tenants must remove the minor changes and remediate the property when the tenancy ends
  • Examples of minor changes are installing a baby gate, affixing child safety latches to cupboards, installing shelving or picture hooks
 11 February 2021
Fibre Broadband
Landlords can accept or reject requests to install fibre internet Landlords must agree to install fibre at a tenants’ request if it can be installed at no cost to them, unless specific exemptions apply 11 February 2021
Assignment of Tenancies:
Landlords are not obligated to allow a tenant to assign their tenancy to other tenants
  • All assignment requests need to be considered by the landlord and they may not withhold consent unreasonably
  • A landlord must not attach any unreasonable conditions to the consent
  • If a tenant makes a written request for the landlord’s consent to an assignment and the request identifies and includes contact details for, the proposed assignee, the landlord must respond in writing within a reasonable period of time
  • The tenant must not assign the tenancy without prior written consent
 11 February 2021
Tenancy Tribunal Jurisdiction
  • The Tenancy Tribunal can hear and resolve disputes up to $50,000
  • Infringement fees and fines are the same for all landlords despite how many properties they own
  • Tenancy Tribunal can hear cases and make awards up to $100,000
  • There will be higher maximum infringement fees and fines for landlords with six or more tenancies, including boarding house landlords
 11 February 2021
Privacy and Access to Justice
Names and identifying details are published in all tribunal orders
  • The Tribunal can order that names and identifying details be suppressed at their own discretion
 11 February 2021