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Digest No. 1755

Residential Tenancies Amendment Bill 2009 (Supplementary Order Paper 2010 No 110)

Date of Introduction: 13 May 2009
Portfolio: Housing
Select Committee: Social Services
Date report presented: 25 September 2009
SOP No 110 released: 25 March 2010 (Hon Maurice Williamson)
Published: 25 March 2010byJohn McSoriley BA LL.B, Barrister,Legislative AnalystP: (04) 817-9626 (Ext. 9626)F: (04) 817-1250 Caution: This Digest was prepared to assist consideration of the Bill by members of Parliament. It has no official status.Although every effort has been made to ensure accuracy, it should not be taken as a complete or authoritative guide to the Bill. Other sources should be consulted to determine the subsequent official status of the Bill.

Purpose

The purpose of the Bill as introduced is to amend the Residential Tenancies Act 1986 (the Act) and other legislation to adapt the law to " ... significant changes in the structure and dynamics of the residential rental market [which have] taken place since the Act came into force" and the fact that " ... the number of people living in rental housing has increased with a corresponding decline in home ownership rates".

The particular aim of the legislation is to:

  • "encourage the development of a rental market that provides stable, quality housing to those who rent their homes;
  • "enable landlords to manage their properties more effectively;
  • "clarify and appropriately balance tenant and landlord rights and obligations" [1]   .

The Bill as introduced is described in Bills Digest 1687.

The Bill as reported from the Select Committee is described in Bills Digest No 1722.

Main change proposed

Jurisdiction of the Tenancy tribunal in relation to abandoned goods

Clause 55(4) of the Bill gives the Tenancy Tribunal power to direct a landlord of a boarding house what to do with any item of property belonging to a tenant who has abandoned a boarding house tenancy, if the item is worth $100 or more and has not been claimed within 35 days of the termination of the tenancy.

SOP No 110 proposes to delete this provision because it is unnecessary in the light of the new jurisdiction of the Tenancy Tribunal in relation to abandoned goods under New Section 62B (amending Clause 55(4), New Section 72(2) by substituting paragraph (mc); cf. Clause 42, New Section 62B)).

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  1. Residential Tenancies Amendment Bill, 2009 No 34-1, Explanatory note, General policy statement, p. 1.   [back]