Greens' Nationwide Rent Freeze Proposal - Update

June 29, 2023 Edward Dever

Federally, The Greens continue to push for a nationwide rent freeze as part of a deal to pass the Federal Government's housing Australia future fund package.

Their proposal involves the Federal Government providing additional funding to States which impose rent freezes on residential rental properties.

Broadly, as outlined in the Qld Bill, The Greens seek to impose a nationwide two-year rent freeze on residential property rents followed by maximum rent increases of 2% each two-year period thereafter.

Federally, The Greens have indicated they will compromise on these restrictions.

Qld Parliament's Community Support and Services Committee recommends that the Qld Bill not be passed.

In NSW, The Greens have now introduced a similar Bill. However, the NSW Premier has declared that rent freezes are off the table.

The Qld Bill freezes rents as at 1 August 2022 (which seems impractical). The NSW Bill targets 30 June 2023 as the rent freeze date.

Unlike the Qld Bill, the NSW Bill does not deal with the post-two year rent freeze period. The Greens plan to use the two year period to develop and implement "a radical, and much needed, reshaping of our rental and housing system."

UNSW has also released commentary on The Greens' rent freeze proposal.

Dr Peter Swan contends that the rental crisis would become “far worse for tenants and landlords” if the policy came into force.

“While it is true that tenants who are not evicted may gain temporarily, tenants as a whole lose as rental accommodation is withdrawn, fewer new places are provided, and maintenance of rent-controlled housing deteriorates."

The Greens often cherry pick facts. They claim that, during Covid, commercial rents in some States were frozen as justification for their proposal. But they fail to point out the rates and land tax assistance which was provided to commercial landlords during this period.

The Greens also highlight rent control examples in San Francisco and Ireland but fail to publicise the studies that show the impact these rent controls have had on rental housing supply.

A chief criticism is that the proposal fails to address how landlords will deal with cost increases during the rent freeze period. Many of these costs, such as insurance, are increasing well above CPI.

The Greens also fail to recognise the likely impact of a rent freeze - landlords would sell off properties (which may benefit some first home buyers in the short term) or switch property use to schemes like Airbnb to circumvent the rent freeze. The more significant impact would be a decrease in new investment home builds against an increasing population through natural birth and interstate and international migration. The Greens want more public housing but it is not clear that any increase in public housing would offset the deficit left by investors leaving the sector.

Qld Residential Tenancies and Rooming Accommodation (Rent Freeze) Amendment Bill 2022

NSW Residential Tenancies Amendment (Rent Freeze) Bill 2023

UNSW - Would you benefit from a rent freeze?

June 2023

The content of this publication is intended to provide a general overview on matters which may be of interest. It is not intended to be comprehensive. It does not constitute advice in relation to particular circumstances nor does it constitute the provision of legal services, legal advice or financial product advice.

Stage 2 Rental Law Reform - Have Your Say

April 28, 2023 Edward Dever

The Queensland Government has released its Options Paper for 5 priority areas under the Stage 2 rental law reform.

The priorities identified for Stage 2 are:

- installing modifications

- making minor personalisation changes

- balancing privacy and access

- improving the rental bond process

- fairer fees and charges.

The deadline for feedback on the Options Paper is 29 May 2023.

Stage 2 rental law reform

Meanwhile, the Queensland Government has bypassed Parliamentary Committee review of its proposals to limit rent increases to once in each 12 month period, by apparently attaching amendments to the Local Government Electoral and Other Legislation (Expenditure Caps) Amendment Bill and passing the amendments on 18 April 2023.

Under the amendments to the Residential Tenancies and Rooming Accommodation Act 2008, with effect from 1 July 2023, any rent increase after that date will only be valid if it has been 12 months since the previous rent increase.

More frequent rent increases written into tenancy agreements prior to 1 July 2023 will not apply. The restriction applies to all new and existing tenancies.

Once in effect, rent may only be increased within a 12-month period if there is a new tenancy agreement and none of the tenants are the same as those on the previous agreement. The 12 month minimum period continues to apply regardless of a change to the rental property owner or manager.

Changes to rent increases to give Queenslanders who rent a fair go

April 2023

Queensland Government Opts For Low Impact Rental Reform

March 30, 2023 Edward Dever

In a move which brings Queensland in line with States such as Victoria and South Australia, Queensland landlords are to be limited to varying rent on a residential rental property once in each 12 month period.

The reforms are low impact as many landlords use 12 month leases and do not elect to include a rent increase provision in the lease. For any such landlords, the reforms should have no impact.

For landlords who have generally increased rents on a six monthly basis, they will now only be entitled to do so once per year. The reforms should therefore slow the rate of rent increases on these properties.

Limiting rent increases in this manner falls far short of the Greens' Rent Freeze Bill currently before Queensland Parliament. That Bill seeks to impose a two-year rent freeze on residential property rents throughout Queensland (with effect from 1 August 2022) followed by maximum rent increases of two per cent each two-year period thereafter. Queensland Parliament's Community Support and Services Committee has recommended against passing this Bill.

After floating the prospect of some form of rent cap, the Queensland Premier has walked back on this suggestion, preferring for the moment to merely restrict the timing of rent increases.

Further details of these changes are still to be released. It also remains to be seen if there will be any unintended consequences of the reforms.

Rent stabilisation to give Queenslanders who rent a fair go

March 2023

Greens' Rent Freeze Bill Likely To Be Put On Ice

February 24, 2023 Edward Dever

On 20 February 2023, Qld Parliament's Community Support and Services Committee released their Report on the Residential Tenancies and Rooming Accommodation (Rent Freeze) Amendment Bill 2022.

You can find the Report here - Community Support and Services Committee Report

The Committee recommends that the Bill not be passed.

The Rent Freeze Bill seeks to impose a two-year rent freeze on residential property rents throughout Qld (with effect from 1 August 2022) followed by maximum rent increases of two per cent each two-year period thereafter.

In view of the experience in countries such as Ireland, imposing a broad rent freeze does not appear to be a workable solution to the current rental crisis.

In the past, the Qld Deputy Premier has downplayed the need for rent freeze legislation, saying "it was the government’s preference to avoid enforcing new laws to curb the greedy behaviour."

It is clear that some landlords and agents in Qld are forcing excessive rent increases on tenants - far above the current rate of inflation or reasonable cost increases. Landlords would argue that rents in some areas were static for years and the rent increases are just a catch up as rents rise everywhere. This is little comfort for tenants bearing the burden of the rent increases.

Increasing rental housing supply (both private and public) is a solution but will take time, particularly in view of declines in residential investor lending as interest rates increase.

Perhaps the Residential Tenancies Authority (RTA) needs more teeth in determining what is fair in terms of rent increases. Currently, a tenant in Qld can use the RTA's conciliation service or QCAT to dispute a rent increase.

While the Greens seem destined to lose this round, the failure to exercise restraint by landlords may ultimately lead to some form of temporary government intervention.

February 2023

Six Ways To Save Money On Your Strata Costs - Updated

January 2, 2023 Edward Dever

Since this article was written in 2020, the Australian economy has changed.

Following Covid-19 and the downward pressure on residential property rents, the rental market has since developed chronic under supply issues. This has caused rents to increase, in many cases dramatically.

While rents have increased, so have costs. Consumer price inflation in Australia is currently 7.1 per cent per annum although increases for some costs borne by landlords such as insurance are increasing at a far greater rate than CPI.

It is therefore worthwhile revisiting ways to manage strata costs.

Here are six things you should be doing to keep a lid on strata expenses:

1. Get involved in the management of your strata community. You are an owner, it's your money they are spending, so you should be aware of how it is being spent.

2. Review your strata building insurance. It is quite likely that you are not getting the best deal. Shop around. Also, update your building valuation and check the appropriate valuation is being used in your insurance. I have seen one example where the (much higher) building valuation used was from a different building.

3. Get quotes and get them often. I have lost count of the number of times I have seen competing quotes which are thousands of dollars apart. If you have the time, talk to the contractors. Get to know which contractors have a good reputation and are genuinely interested in the work. Not all contractors will be interested and may be submitting high quotes that reflect their level of interest.

4. Find a reliable handyman. Worth their weight in gold and may save you just as much. A reliable handyman can fix a lot of the little common property issues that often get farmed out to the large contractor agencies. They operate on a different cost platform and will invariably cost more. That's not the fault of your strata manager. They need to streamline work orders and the large contractor agencies allow them to do this. I recall an example where a handyman's $90 fix solved a problem a contractor agency wanted to solve by a partial demolition and rebuild.

5. Don't over fund your administrative and sinking funds. While you need to ensure annual expenses are met and the sinking fund is adequate, it doesn't need to be over funded. Remember, it's your money and you won't get it back if you sell. I don't know of an instance where there was an adjustment at settlement to reflect a generously funded administrative or sinking fund.

6. Stop talking to your strata manager. At least minimise the discussions and have a single person act as point person. Many of the larger strata managers charge on an hourly basis for dealing with your building's file. If you are discussing every issue in minute detail with them (or several owners are separately), the cost will add up.

This list is by no means exhaustive.

January 2023

Property and Extreme Weather Events

March 15, 2022 Edward Dever

Interesting insurance company research on the likelihood of extreme weather events and the impact on property and insurance.

Plenty for landlords, strata committees and Governments to ponder.

Insurers brace for rising flood damage amid climate change, and they warn you should too

March 2022

Qld Parliamentary Committee Green Lights Pet Tenancy Amendments

August 30, 2021 Edward Dever

The Community Support and Services Committee has released its report on the examination of the Housing Legislation Amendment Bill 2021. It has also released its report on the Greens' sponsored Residential Tenancies and Rooming Accommodation (Tenants' Rights) and Other Legislation Amendment Bill 2021.

In short, the Committee has backed the Government's Bill and rejected the Greens' Bill.

In terms of tenancies and pets, once enacted, landlords will have 14 days in which to respond to a pet request otherwise the request is deemed approved. Pet requests may only be refused on prescribed reasonable grounds. Landlords can impose reasonable conditions on pet approval. Rent or rental bond increases are not considered reasonable conditions. Fair wear and tear under a lease will not include pet damage.

The Government expects the proposed implementation time frame for the pet amendments to be 12 months from the date of the Bill's Assent.

The Bill also implements amendments to ending tenancies, establishing minimum housing standards and protections for vulnerable tenants.

QCAT anticipates that the overall tenancy reforms will "increase the number of non-urgent residential tenancy matters by 53 per cent, which is around 2,500 additional applications. QCAT also estimates that there may be an 8 per cent increase in matters that go to the QCAT Appeals Tribunal."

Housing Legislation Amendment Bill 2021
Report No. 7, 57th Parliament, Community Support and Services Committee, August 2021

Residential Tenancies and Rooming Accommodation (Tenants' Rights) and
Other Legislation Amendment Bill 2021
Report No. 8, 57th Parliament, Community Support and Services Committee, August 2021

August 2021

Pets in Apartments - NSW Update

July 27, 2021 Edward Dever

Some interesting comments in the post-Cooper March 2021 decision in McGregor v The Owners – Strata Plan No 74896 [2021] NSWCATCD 1.

This NCAT matter involved the refusal by an owners corporation for a dog to be kept in an apartment block which was part of a larger complex, each block with separate by-laws and all subject to a community management statement.

The applicant dog owners were self represented. And that was probably their downfall.

The by-laws expressly prohibited dogs but not other pets such as cats, with an exception in the townhouse by-laws for small dogs which were permitted in the townhouse section of the complex.

The applicants placed significant reliance on the decision of the NSW Court of Appeal in Cooper. In that case, the effect of the Court’s decision was that a “blanket ban” on the keeping of pets was “harsh, unconscionable or oppressive”.

The applicants' prime application was misconceived as it sought relief under Section 157 of the Strata Schemes Management Act which allows the Tribunal to approve a pet where the by-laws permit a pet with owners corporation approval and that approval has been unreasonably withheld. Neither of these conditions was met.

The applicants also chose the wrong by-law to request the Tribunal to declare as invalid. The applicants should also have included the Community Association as a respondent.

In the circumstances, it was not necessary for the Tribunal to consider the effect of Cooper on the relevant by-law but the Tribunal did note that the by-law did not, in any event, constitute a “blanket ban” of the type considered in that decision.

It will be interesting to see whether other owners corporations seek to distinguish Cooper on the basis that their by-laws, while prohibiting dogs, do not prohibit other animals.

July 2021

Queensland Tenancy Reforms Draw Near

July 8, 2021 Edward Dever

On 18 June 2021, the Qld Government introduced the Housing Legislation Amendment Bill 2021.

The Bill sets forth the long awaited reforms of tenancy legislation which were the subject of a lengthy public consultation process.

Part of the draft reforms relate to tenants' rights regarding pets.

It was expected that Qld would follow the southern States approaches.

The Bill falls short of Victoria's keeping pets as of right approach . (The Qld Greens Private Member's Bill is closer to the Victorian model.) Further, Qld strata schemes would be entitled to use their by-laws to restrict pets which seems contrary to the position in NSW following the Cooper case.

It is not clear at this stage whether a blanket 'no pets are allowed' strata by-law will be acceptable to the Qld Government given that a landlord will be unable to use 'no pets are allowed' as grounds for refusing pets. But it seems unlikely.

Proposed Section 184E(1)(f) is quite broad. However, the days of complete strata pet bans seem over and not destined to make a return.

The Qld Government may take the view that QCAT (or an appeal court) will confirm that the use of blanket no pet by-laws in Qld strata schemes is "oppressive or unreasonable" and therefore adopt a similar approach to the NSW Court of Appeal in Cooper. In the past, strata by-laws that have prohibited pets have been ruled as oppressive and unreasonable by QCAT and, prior to that, by the CCT.

This may be the reason the Qld Government has not moved to amend the Body Corporate and Community Management Act 1997 to exclude no pet by-laws and align this Act with the prohibition on complete pet bans in Section 184D(5) of the Bill.

The Bill has been referred to the Queensland Parliament Community Support and Services Committee with a report due by 6 August 2021.

The closing date for written submissions to the Committee is 12.00pm, Tuesday 13 July 2021.

Participate in the Committee process

Housing Legislation Amendment Bill 2021

Housing Legislation Amendment Bill 2021 - Explanatory Notes

Greens Private Member's Bill - Residential Tenancies and Rooming Accommodation (Tenants’ Rights) and Other Legislation Amendment Bill 2021

Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250

July 2021

Qld Strata - Joining Class Actions

January 23, 2021 Edward Dever

Piper Alderman has filed its class action against Stanwell Corporation Ltd and CS Energy Ltd. (The Qld Energy Class Action has been filed)

The claim relates to alleged conduct which resulted in artificially inflated electricity bills between 2014-2019.

There has been some discussion in Qld strata circles whether Committee approval is sufficient to join the class action or whether a special resolution at a general meeting is required.

Subject to certain exceptions, Committees cannot "start a proceeding". A special resolution at a general meeting is required. Owners at a general meeting can generally ratify past actions of the Committee. For example, see:

Body Corporate for Quay Terraces Cts v Brisbane City Council [2016] QPEC 12 (8 March 2016)

Bahlaka Lodge [2020] QBCCMCmr 505 (30 September 2020)

The view of several strata managers is that Committee approval is sufficient.

There is little clear guidance. As at December 2020, the Qld Office of the Commissioner for Body Corporate and Community Management had not issued any guidance on a body corporate joining class actions. Nor does the legislation specifically deal with class actions.

Given the possible payout, it will be uneconomic for most bodies corporate to seek legal advice on the issue.

In the absence of specific guidance, it may be appropriate for bodies corporate at their next AGM to approve the Committee's actions, thus putting the issue beyond doubt.

'Australia's largest energy class action' filed against Queensland power companies accused of driving up prices illegally

January 2021