RTA Reforms Consultation 2024

Tenancy and occupancy laws provide important rights and protections for people so they can feel secure and comfortable in their homes.

On 22 July 2024 the ACT Government open this consultation to seek community views about how our tenancy and occupancy laws can be improved and what minimum standards should be introduced to offer better protections.  In addition to minimum standards, they sought feedback on a range of other proposed property condition requirements to improve the efficiency and thermal comfort of rental homes.

The consultation paper provided detail in relation to changes including:

• a list of minimum standards for rental properties;
• other property condition related requirements, including:
  • water efficiency requirements;
  • requirements for fixed heaters and coolers (or reverse cycle air conditioners);
  • energy efficiency requirements in relation to heaters, coolers, hot water heaters and window coverings;
  • requirements to transition away from gas appliances when they reach end of life;
  • requirements for gas / electrical / smoke alarm safety tests;
  • imposing safety obligations on tenants; and
• occupancy reforms, including:
  • stronger protections for occupants in relation to the ending of their agreements:
    • requiring the ACT Civil and Administrative Tribunal (ACAT) to approve the ending of an occupancy agreement in certain circumstances;
    • giving occupants the right to end their agreements in certain circumstances;
    • stricter rules around notice periods for ending an occupancy agreement due to unpaid fees; and
    • capping fees payable where an occupant ends a fixed term agreement early (similar to the ‘break lease fee clause’ in tenancy agreements);
  • obligations on grantors to maintain the occupancy premises and conduct repairs within specified timeframes
  • creating the ability to set minimum standards for occupancy agreements;
  • creating rules to limit fee increases;
  • tightening the definition of ‘occupancy agreement’ to prevent misuse
  • consideration of issues specific to caravan parks including:
    • ownership of dwellings in caravan parks; and
    • the definitions of dwellings in caravan parks.

Below is the ACT Shelter submission.