Tenancy Services have updated their website content to describe and distinguish different ways to change a tenancy agreement. Landlords and tenants should decide together which approach best suits their situation. The type of change to a tenancy agreement will have an impact on the healthy homes compliance date and Residential Tenancies Amendment Act 2020 law changes that apply.
Types of changes to a tenancy agreement:
- Continue: A fixed-term tenancy will automatically continue as a periodic tenancy at the end of the term, unless:
- The landlord or tenant gives the correct notice to end the tenancy, or
- The landlord and tenant agree to extend, vary or renew the tenancy.
- Extend: The end date of a fixed-term tenancy is changed but all other aspects of the agreement remain the same
- Vary: The terms of the tenancy agreement are varied, for example responsibilities for lawns and gardensRenew: A fixed-term tenancy is renewed on the same terms and for the same length of time as the original agreement.
Residential Tenancies Amendment Act 2020 law changes
Fixed-term tenancy agreements
If the original fixed-term tenancy agreement was signed before 11 February 2021, the following law changes do not apply:
- Security of rental tenure
- Assignment of tenancies.
All other tenancy law changes that came into effect on 11 February 2021 will apply.
This is the case even if you make changes to your fixed-term tenancy agreement (extend, vary or renew) after 11 February 2021. If the fixed-term tenancy expires and continues as a periodic tenancy, all of the law changes will apply.
Periodic tenancy agreements
All the law changes that came into effect on 11 February 2021 apply to periodic tenancy agreements. This is the case regardless of when the agreement was signed or if any changes are made to the tenancy agreement (such as agreeing to a fixed term).
For more on the law changes click here
Healthy Homes Standards compliance timeframe
If a fixed-term tenancy automatically converts to a periodic tenancy upon expiry, is extended or is varied after 1 July 2021, the healthy homes compliance date for the property will not change as long as the original fixed-term tenancy agreement as signed prior to 1 July 2021.
Any new or renewed tenancy from 1 July 2021 must comply within 90 days of the start of the tenancy. These only apply to private landlords. All board houses must comply by 1 July 2021.
For more on the healthy homes standards please click here.
For more information please click here.