The Residential Tenancies Amendment Bill, currently making its way through Parliament following the Social Services and Community Committee review, has generated considerable buzz about the return of 90-day no-fault terminations. However, as with most things in tenancy, there is always a trade-off, and it is not all sunshine and roses for landlords.
“While the bill proposes to restore certain landlord rights, it does so with carefully considered checks and balances,” says APIA General Manager Sarina Gibbon. “The extended timeframe for exemplary damage applications for retaliatory termination means that the restoration of landlords’ termination rights will come with increased accountability. This is exactly how it should be.”
Preparing for Changes to Termination Rights
The key proposed change is the extended timeframe for tenants to seek exemplary damages for retaliatory termination. Currently, tenants have just 28 days to challenge a termination they believe is retaliatory. Under the proposed provisions, while the window to have a termination set aside would remain at 28 days, tenants would have 12 months to seek exemplary damages of up to $6,500 if they can prove the termination was retaliatory.
If passed, the amended legislation will make termination processes more expedient, but this shouldn’t be misinterpreted as making terminations “easier.” The strengthened provisions against retaliatory termination would require landlords to be more vigilant than ever in their decision-making processes.
“This is about ensuring that any increased flexibility for landlords comes with appropriate safeguards,” Gibbon explains. “Professional landlords should welcome these changes – they protect the integrity of the rental sector while respecting property owners’ fundamental right to make decisions about their investments.”
What This Means for Landlords
If the bill passes, the extended timeframe will create a longer period of potential liability. Before issuing any termination notice,...
