Regulation of residential tenancies and impact on investment

Abstract

This research examined policies and programs relevant to the housing pathways of ex-prisoners with complex support needs in NSW, Victoria and Tasmania, including what criminal justice costs and benefits result from current housing assistance settings.

Reforming the Private Rental Sector: Challenges in the 2020s and Beyond

“…While legislation differs between jurisdictions, each RTA generally covers rent increases, bonds, property maintenance and repairs, avenues for dispute resolution between tenants and landlords, and grounds for ending the tenancy. In recent years, several jurisdictions have reformed their RTAs, with changes in one jurisdiction often influencing others (Martin et al 2022a). Recent reforms include reducing no‐grounds eviction, increasing opportunities for tenants to have pets and make home modifications, and mandating minimum standards of housing conditions (Stone, Burke and Goodall 2022).…”

“…Their argument is that too many regulations, or regulations that ‘favour’ tenants, will lead to landlords selling their rental properties because it is too difficult and expensive to comply with the rules; this, in turn, will cause problems for renters because the number of available rentals will shrink further. This argument was evaluated and investigated through mixed methods in a report for the Australian Housing and Urban Research Institute (AHURI), co‐authored by us and Chris Martin, Milad Ghasri, Liss Ralston, Laura Crommelin, Sharon Parkinson and Eileen O'Brien Webb (see Martin et al 2022a). Our research found that, in case studies of Sydney and Melbourne, tenancy law is not a significant factor in landlords disinvesting from the rental market; landlords are most likely to disinvest because they wish to sell and realise capital gains, or obtain money for another investment (Martin et al 2022a, pp.…”

“…This argument was evaluated and investigated through mixed methods in a report for the Australian Housing and Urban Research Institute (AHURI), co‐authored by us and Chris Martin, Milad Ghasri, Liss Ralston, Laura Crommelin, Sharon Parkinson and Eileen O'Brien Webb (see Martin et al 2022a). Our research found that, in case studies of Sydney and Melbourne, tenancy law is not a significant factor in landlords disinvesting from the rental market; landlords are most likely to disinvest because they wish to sell and realise capital gains, or obtain money for another investment (Martin et al 2022a, pp. 47–48).…”

“…Currently, all states and territories allow termination without grounds, but some jurisdictions have limited when this can be done. In the Australian Capital Terrirory (ACT), Northern Territory (NT), New South Wales (NSW), South Australia (SA) and Western Australia (WA), tenants can be evicted without grounds during a periodic (or month‐to‐month) lease and at the end of a fixed‐term lease (Martin et al 2022a, pp. 71–72).…”

“…71–72). The amount of notice that landlords are required to give tenants that they are being evicted without grounds ranges from 28 days (SA, end of fixed term) to 26 weeks (ACT, end of fixed term or periodic) (Martin et al 2022a, p. 71). In Victoria, Tasmania and Queensland, tenants cannot be evicted without grounds during a periodic lease, but in Tasmania and Queensland they can at the end of a fixed‐term lease; in Victoria, they can only be evicted without grounds at the end of a first fixed term, but not subsequent terms (Martin et al 2022a, p. 72).…”