Wairarapan: The Landlord-Tenant of the Future
Property condition consulting firm Wairaraapan has just released its first annual survey of landlord-tenant law, which it says is the most comprehensive and up-to-date survey of the law in Australia.
It’s a fascinating insight into the landscape of the landlord-tenants law, a topic that’s not usually covered by the mainstream media.
Property condition consultants, a group of academics, have a long and distinguished history in Australia, but the Landlord and Tenant Act, or LTA, is still one of the most controversial of all land law provisions.
“It’s one of those things that’s just always been talked about,” Wairapah CEO Mike Smith told Engadge.
“I think we’re really into the new age of legalisation and legalisation of the land.”
The Landlords’ Law Review (LRL) started in the 1970s, and was largely based around the LTA.
But with the introduction of the LRL and other reforms, many legal experts are now calling for a new approach to the law.
A few of the key ideas that have been proposed in the past include: requiring landlords to give notice to tenants before evicting them (such as by phone, email or letter) and require landlords to prove that a tenant has a claim for damages (such to claim for the cost of repairs or replacement of an essential appliance).
“The LTA has been the bedrock of our legal knowledge in Australia for a long time,” Wainwright says.
“When we came up with the Landlords Act, we realised that there’s a real problem with the way the law is applied in Australia today.”
Property condition is an important area of law in the Australian legal landscape.
“We’re really looking at how do we go about addressing that,” Smith says.
Property conditions in Australia is a grey area, with some people claiming that it should be regulated like the rest of property.
However, Wairapo’s survey suggests that there are still a lot of grey areas in the law, and that it’s important to ensure that there is a clear separation between the landlord and the tenant in terms of how the tenancy should be handled.
Property Condition Law is the first comprehensive survey of its kind and Wairaria is a pioneer in the field.
Smith says that there have been a lot changes in the Land Act over the years, which has had a lot to do with the changes in technology.
“With the advent of new technologies, it’s much easier to get your hands on a computer, to do a search and find a property,” Smith explains.
“And in terms with that, it makes it easier to come to an agreement, as opposed to having to sit down with someone who’s not familiar with the law and talk through the details of what they’re trying to do.”
Wairaroapas survey also shows that there has been an increase in the number of disputes over tenancy, with almost one in five of all disputes resolved in the last two years.
Wairarpa’s survey shows that while there are currently more than two million property owners in Australia who are landlords, there are also a number of people who are tenants and landlords who are not.
“In some of these disputes, the people who have the legal claim are often the ones who have never even had a tenancy agreement,” Smith notes.
“The vast majority of those disputes are in relation to non-payment of rent, or for a lack of money, and it’s these people that are going to have the biggest impact on the law.”
The survey also highlights that there isn’t a clear-cut definition of the term ‘tenant’, but instead it’s often a range of different issues such as: non-compliance with the lease or the landlord’s obligation to pay the rent, over-occupancy, the landlord breaching the lease by failing to maintain the property and more.
Property Law Consultants Australia survey The survey is the latest in a series of Landlord/Tenant Law Surveys.
Earlier surveys of the Land Law were done in the 1990s, 2000 and 2010.
These surveys focused on various issues, such as the application of the Act to new technologies and the legalisation, or loosening of, some of the old rules.
In the Landlaw Surveys, Wainowys survey covers a range, including the definition of ‘tenants’, who is liable for non-cooperation with the landlord, whether the landlord can evict a tenant for breach of the lease, and whether the tenant is a person or not.
Wailoa’s survey is based on the LCL, which is the Land Conditions (Loan Termination) Act 1996.
In particular, it focuses on whether the lease is being breached by a tenant who does not maintain the premises and/or is not able to pay their rent.
“For example, a tenant may not be able to provide a written notice to their landlord,