The Residential Tenancies Amendment Bill recently passed its third reading, with amendments set to come into force early this year.
Changes to tenancy laws will be gradually implemented throughout the year to ensure all tenants and landlords can be compliant. The most significant differences relate to tenancy terminations and pet provisions for rental properties.
Termination of Periodic Tenancies
Tenants beware! Starting 30 January 2025, Landlords will be able to end periodic i.e. no fixed term tenancies without cause by giving at least 90 days’ notice. The implication being, if you upset your landlord, you might be shown the door. So, keep the partying to a minimum.
The notice period when ending a tenancy under specified grounds has reduced to 42 days. However, not all amendments relating to termination are in landlords’ favour. The notice period that tenants must give when terminating a periodic tenancy has decreased by one week, to 21 days.
Termination of Fixed-Term Tenancies
Also starting 30 January 2025, amendments enable both landlords and tenants to give notice to end their fixed-term tenancy between 90 and 21 days before it ends. No reason has to be provided. The minimum notice tenants must give to renew or extend their fixed-term tenancy has reduced to 21 days or on mutual agreement. If not terminated, then a fixed-term tenancy, becomes a periodic tenancy.
These new rules apply to new fixed-term tenancies and existing ones that will expire after 1 May 2025.
These new rules will not apply to a fixed-term tenancy that started on or after 11 February 2001 and expires on or before 30 April 2025. The old rules will apply to these older fixed-term tenancies.
Furry Friends
If you’re on the lookout for a pet-friendly rental, you might just be in luck. Under the new pet provisions, landlords generally cannot refuse consent to keep pets without reasonable grounds or attach unreasonable conditions. Landlords who fail to comply with consent provisions commit an unlawful act.
Where a tenant keeps a pet in the rental premises without the required permission, they commit an unlawful act. The introduction of unlawful acts encourages compliance from both parties.
Protection from Damage Caused by Pets
The inserted provisions offer landlords means of protection in relation to pets. Where a tenant keeps, or intends to keep, a pet on the premises, the landlord may require payment of a pet bond. This payment must not exceed two weeks’ rent and is in addition to the general bond most landlords require. Asking for a pet bond without the required entitlement, or in excess of the entitled amount, is an unlawful act. Landlords cannot require payment of more than one pet bond per during the tenancy.
Additionally, landlords can hold tenants with a pet liable for the cost of any destruction or damage caused as a result of keeping it on the premises. This excludes reasonable wear and tear.
Currently, these new provisions relating to the keeping of pets do not have an enforceable start date. They cannot be relied upon, until then. They are expected to come into force later this year, 2025.
If you are a landlord or tenant seeking advice, call us on 03 211 0080.
