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Hi !FirstName,
Amendments have been made to the Residential Tenancies Act 2010 under the Statute Law (Miscellaneous Provisions) Act 2012 which commence on the 6th July 2012.
Although various amendments to the Act have been made, changes affecting our forms relate to the Notice of Termination Form.
Section 88(3) of the Act, which informs the tenant that they are not required to vacate the premises if the tenant pays all the rent owing or enters into a repayment plan agreed with the Landlord, has been amended to include that such provision will apply 'unless the Tribunal makes a termination order on the basis that the tenant has frequently failed to pay rent on time'.
This means that despite the tenant paying all monies owing or entering into a repayment plan with the Landlord, the tenant will be required to vacate the premises if the Tribunal makes a termination order as indicated by the amended Section 88(3).
The additional wording has been added to the Notice of Termination Form and will be released on Friday 6th July and must be used on and from that date. The new version number for the form will be Version 1.6.
Other amendments to the Act (not requiring form changes) include:
- Section 107(2) - Landlord's remedies on Abandonment
- Section 159(2) - Payment of Bonds
- Section 217 - Disputes about Listings
- Section 223 - Service of notices or other documents
Refer to Schedule 1 Minor Amendments Section 1.25 of the Statute Law (Miscellaneous Provisions) Act 2012 to see the actual amendments to these sections (Click here to view Act).
1. Minor amendments have been made to the Commercial & Retail Leases in NSW to better reflect the introduction of the Personal Properties Securities Act 2009 (c'wth) (PPSA)
In the months following the introduction of the new PPS regime it came to light that a cash security bond held by a Landlord could be considered a 'registered interest'. Due to this, the Landlord may find it simpler to opt for a Bank Guarantee to which the PPSA doesn’t apply.
A Landlord should seek appropriate legal advice before deciding whether a security interest should be registered to protect their rights against other creditors who may have registered a security interest and to protect their rights in respect to abandoned goods.
2. The following forms will be released on the 6th July in ADLForms thanks to valuable customer feedback:
Amended Forms:
- Commercial Lease Agreements (both versions)
- Retail Shop Lease Contract
- Exclusive Selling Agency Agreement (Sale of Business)
- Open Selling Agency Agreement (Sale of Business)
- Exclusive Management and Leasing Agency Agreement (Commercial)
- Exclusive Management Agency Agreement (Commercial)
- Open and Exclusive Leasing Agency Agreement (Commercial)
- Authority to Bid on Seller's Behalf (Auction)
- Residential Tenancy Agreements (all versions)
New Form:
- Commercial Sub-Lease Agreement (Commercial Package)
To see the actual changes to the forms click on the 'Forms Change History' in ADLForms (or click here).
Click on the link below to:
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