Page 2344 - Week 07 - Thursday, 4 August 2022
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my pleasure to table the public exposure draft of the bill in the Legislative Assembly today. This public exposure draft allows us to further consult with the community to seek the community’s feedback on the specific proposals developed following last year’s consultation.
In addition to the removal of the without-cause termination provision, the bill proposes changes in three other areas of tenancy law: firstly, increasing a tenant’s ability to grow food and to compost; secondly, preventing rent bidding; and, finally, introducing changes to the act to support the introduction of minimum housing standards for rental properties. I will speak to the details of each of these reform areas in turn.
The removal of without-cause terminations will give tenants a greater sense of security as they will no longer be faced with the possibility of being arbitrarily removed from their homes. Tenants will need to be given a reason if they are asked to leave their home and the only permitted reasons will be those identified in the Residential Tenancies Act. This is a change that has been long called for by tenants.
However, in making this important change to support tenants, we also need to ensure private landlords can continue to manage their properties effectively and that social and community landlords can continue to target accommodation support programs to those most in need.
There are several legitimate reasons why a landlord may need to end a tenancy. Many of these situations, such as where a landlord may want to sell, renovate or move into their property, are already recognised as legitimate reasons to end a tenancy in the Residential Tenancies Act. There are, however, a few additional reasons why a landlord may need to end a tenancy which were previously covered by the no-cause termination ground.
With the removal of the without-cause termination provision, the bill proposes the introduction of new tenancy termination grounds. These new termination provisions will ensure landlords can continue to manage their properties effectively.
Under the bill a new ground for termination will be where the landlord wants to use the premises for a non-residential purpose. This will allow landlords to convert the use of the property to a non-residential purpose where that purpose is permitted by zoning laws and, where applicable, the owners corporation rules. For example, this will allow landlords to end a tenancy if they want to convert the use of the property to allow them to operate a business.
A new termination provision that will be available to both landlords and tenants is also proposed for circumstances where one party to the tenancy agreement threatens, harasses, intimidates or abuses the other party to the agreement. In the event of these behaviours, the aggrieved party will be able to apply to the ACT Civil and Administrative Tribunal for an order to end the tenancy. The tribunal will be able to make this order where they consider the conduct justifies the termination of
the tenancy.
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