Page 622 - Week 02 - Thursday, 21 February 2019
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Amendment negatived.
Clause 18 agreed to.
Proposed new clauses 18A to 18E.
MS LE COUTEUR (Murrumbidgee) (4.07): I move amendment No 6 circulated in my name which inserts new clauses 18A to 18E [see schedule 1 at page 636].
I believe that this question is going to get divided by someone other than me shortly, but I will speak on the lot, because I am not quite sure where the division is going.
New clause 18A relates to the current clause 96(1)(d) of the standard residential tenancy terms, which allows for a lessor to give the tenant eight weeks notice to terminate a periodic tenancy if the lessor genuinely intends to sell the premises. This amendment would increase that to 12 weeks, which would seem to be quite reasonable, given the time it takes to sell something and get new accommodation.
The new clauses 18B and 18C strengthen the current clause 96(1)(e) of the standard residential terms by including demolition of a building as a reason for terminating a periodic tenancy. New clause 18D provides two additional reasons for a lessor to terminate a periodic tenancy. New clause 96(1)(f) of the standard tenancy terms allows a lessor to give 12 weeks notice if they intend to use the premises for business or any purpose other than its being used as a home. Proposed new clause 96(1)(g) allows for a lessor to give 12 weeks notice if the lessor is a territory authority and the premises are required for another purpose.
Proposed new clause 18E requires lessors who serve notice to terminate a periodic tenancy on the grounds that they intend to live in the premises, an immediate relative intends to live in the premises or an interested party intends to live in the premises that they must provide the tenant with a statutory declaration about that intention.
MR RAMSAY (Ginninderra—Attorney-General, Minister for the Arts and Cultural Events, Minister for Building Quality Improvement, Minister for Business and Regulatory Services and Minister for Seniors and Veterans) (4.09): The government will be supporting the insertion of clause 18E, but opposing clauses 18A to 18D. There is a substantial change of the law proposed in 18A to 18D, and there is substantially more work that needs to be done for those reforms on how best to regulate the ending of tenancies.
The aim is to ensure that our legislation prevents evictions being used as retaliation for renters who exercise their rights, or as a form of discrimination. There will be a need for better rules around occupancy agreements, notice periods for ending a tenancy, and enhancing the framework of regulation for agents. They are all being developed.
It is not appropriate for us to pass clauses 18A to 18D. However, the insertion of 18E, adding a requirement for a statutory declaration, will reinforce the importance of
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