Page 2345 - Week 07 - Thursday, 4 August 2022
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Additionally, new termination grounds to support the Commissioner for Social Housing to continue to target our social housing program to those most in need in our community are required. These grounds will cover scenarios where housing assistance has been withdrawn from those who are no longer eligible for assistance, termination of the original tenancy after the tenant has transferred to another tenancy, termination where the commission requires a transfer and an alternative property offer has been made available, and termination at the end of a temporary period of housing assistance following a tenancy breakdown.
Similarly, new termination provisions will be introduced to support community housing providers, such as those providing affordable housing, to terminate a tenancy where the tenant is no longer eligible for the accommodation assistance being provided to them. An additional provision will also allow community housing providers who manage property on behalf of the commissioner to terminate a tenancy where they are required to return the property to the commissioner to allow it to be used for another purpose.
In addition to removing no-cause evictions, additional protections for tenants have been included which amend the way in which the retaliatory eviction provision operates and to introduce new evidentiary requirements for lessors who wish to terminate a periodic tenancy because they want to sell, renovate or reconstruct the premises to ensure that when these grounds are relied on there is evidence that the reliance is genuine.
Rent bidding is a practice whereby prospective tenants offer more than the advertised price for a rental property. In some circumstances rent bids are invited by agents or landlords and in others it is offered voluntarily. In developing this reform the ACT government considered arguments from the community both for and against the regulation of rent bidding. What was clear was that there is strong community support for the premise that landlords and agents should not be permitted to ask a prospective tenant to offer more than the price advertised for the premises. In this respect the proposed amendments will make it an offence for a landlord or agent to solicit rent bids from prospective tenants.
Madam Speaker, another commitment in the parliamentary and governing agreement was to amend tenancy legislation to create a presumption that landlords will permit tenants to compost and grow food. I am pleased to say that the bill that is before you would meet this commitment.
The proposed amendments achieve this by clarifying that planting vegetables, fruits, flowers, herbs or shrubs without removing existing vegetation or installing or placing an above-ground composting tumbler or bin constitute minor modifications to which the landlord cannot unreasonably object. In making these minor modifications, a tenant will be able to grow their own food and compost provided they apply in writing to their landlord for consent. The landlord may only refuse consent if they have obtained the ACAT’s prior approval and they must not unreasonably refuse consent. A landlord may, however, impose a reasonable condition on providing their consent.
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