Law Reforms: Consumer Credit and Tenancy Law. NSW Tenancy Law Update Presented by: Grant Arbuthnot, Principal Solicitor & Ken Beilby, Litigation Solicitor.

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Presentation transcript:

Law Reforms: Consumer Credit and Tenancy Law

NSW Tenancy Law Update Presented by: Grant Arbuthnot, Principal Solicitor & Ken Beilby, Litigation Solicitor

History Landlord and Tenant Act 1899 Landlord and Tenant (Distress Abolition) Act 1930 Landlord and Tenant (Amendment) Act 1948 Landlord and Tenant (Rental Bond) Act 1977 Residential Tenancy Tribunal Act 1986 Residential Tenancies Act 1987 Consumer, Trader and Tenancy Tribunal Act 2001 There has been a shift from land law to consumer law

Legal Changes Nicholson v New South Wales Land and Housing Corporation (unreported, NSW Supreme Court, Badgery-Parker J, 24 December 1991, No of 1991) Growing volume of amendments for Public Housing Offe v Residential Tenancies Tribunal of New South Wales and Ors [1997] NSWSC 523 (29 October 1997) Swain v Residential Tenancies Tribunal of New South Wales (unreported, NSW Sup Ct, Rolfe J, 22 March 1995, of 1994)

The Process of Law Reform Late 1990’s review of the Residential Tenancies Act 1987 merged with the National Competition Policy Review of legislation 2005 Discussion Paper December 2007 the NSW Government invited responses to a tenancy law reform proposal document Late 2009 a Draft Exposure Bill was published

Good Changes Residential tenancy databases Co-tenants Domestic violence Rent arrears Break fees Termination by tenants

Bad Changes Access to premises for sale Uncollected goods

Unfinished Business Termination ‘without grounds’ Exclusions

Other Improvements Alterations Holding fees Rent payments and receipts

Strange Ideas Social housing Long-term tenancies

Where are we now? The Office of Fair Trading intends: The Bill to go to Cabinet May 2010 & The Bill to go to Parliament in May / June It is believed that the Regulations will be drafted in the last half of 2010

For Further Information The Tenants’ Union website – The Tenants’ Union blog – The Brown Coach

What Next? The Tenants’ Union will be writing to all CLC’s seeking their support for our law reform efforts.