Your responsibilities as the managing agent have changed. You need to know about the new laws regarding identifying properties affected by loose-fill asbestos insulation (LFAI). The new laws will protect residents, workers and communities as a whole.
In May 2016, changes to tenancy laws meant it is now a material fact if a property is listed on the register of residential properties that contain or have contained loose-fill asbestos insulation. From 30 October 2016, the Residential Tenancy Agreement used will need to include a requirement to notify tenants if the premises they want to lease is on the Loose-fill Asbestos Insulation register, or if the premises is added to the register during the tenancy.
The law was introduced under the Home Building Act 1989 whereby a publicly available Loose-Fill Asbestos Insulation Register was created.
‘The Register identifies and records:
NSW premises where the presence of loose-fill asbestos insulation has been confirmed; and
NSW premises where the Government is satisfied that there is substantial evidence that loose-fill asbestos insulation is present at the premises.
The identity of owners or residents will not be included on the Register.’
For anyone wishing to obtain more information regarding affected properties or to search the register please click here. You will then be redirected to the register on The NSW Office of Fair Trading website.
So what has changed?
There has been an amendment to Clause 40B of the Residential Tenancy Agreement whereby tenants must be made aware in writing if the property they are renting is listed on the register.
The change is as follows:
40B. The landlord agrees:
40B.1 if, at the time that this residential tenancy agreement is entered into, the premises have been and remain listed on the LFAI Register, the tenant has been advised in writing by the landlord that the premises are listed on that Register, or
40B.2 if, during the tenancy, the premises become listed on the LFAI Register, to advise the tenant in writing, within 14 days of the premises being listed on the Register, that the premises are listed on the Register.
Amendment to Notes. 1. Definitions
LFAI Register means the register of residential premises that contain or have contained loose-fill asbestos insulation that is required to be maintained under Division 1A of Part 8 of the Home Building Act 1989.’
So what do you need to do to make sure you comply with the change?
EAC Online Forms
The above changes have already been made on EAC’s online forms so the next time that you create a new form the changes will be there so you have nothing to worry about.
Current residential tenancy agreement leases can still be used if you have them so you won’t need to throw them out, but you will need to include an addendum.The addendum allows you to strike out the existing clause and use the new clause that is now required. A copy of the addendum can be downloaded here.
If you have any questions regarding this change please call EAC on 130 137 161 or email firstname.lastname@example.org
For more information on our printed and electronic forms please visit eac.com.au