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Industry pushes to clarify landlord and tenant responsibilities

16 February 2016 Jay Garcia

The Real Estate Institute is calling for a landlord document similar to the new tenant checklist – and it has made the call in a submission to the NSW government.

Professionals Lithgow principal Tina Case says she likes the REINSW's suggestion of a landlord responsibility document at the start of tenancies to minimise future disagreements between clients.

“It is unfortunate that, unlike the tenant, a landlord is not forced to sit and read what we are signing on their behalf,” she told RPM.

According to Ms Case, landlord responsibilities can be better addressed by having a signed page by the landlord included in the lease, similar to the new tenant checklist, while the agent signs the rest of the document.

“We have actually made up our own document that covers the legislation around smoke alarms, material fact, water savers and break lease fees that goes out to every landlord between tenancies,” she said.

Ms Case said there should be more clarity surrounding responsibilities for issues such as mould, water savers and safety compliance items such as smoke alarms and swimming pools.

“Mould is such a huge issue for us here – we have some pretty stringent procedures around this, but I really would like to see some more responsibility on the tenant side of this,” she said.

“Both serious cases of mould that I have recently dealt with have been because the tenant was not venting and, in one case, they actually covered the vents over because they were getting a breeze.”

Ms Case said tenants should also be accountable for things such as waters savers and compliance prior to vacating the property.

[Related: Government tipped to introduce new property management rules]

 

Industry pushes to clarify landlord and tenant responsibilities
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