The first changes to residential tenancy laws in 20 years are now open for public submissions and will introdce the final legislation in the new year. The draft chenges provide increased rights and and place increased obligations on both the landlord and the tenant.

The eviction process for tenants with rent in arrears has been streamlined with the onus now being placed on the tenant to apply to the tribunal to contest an eviction notice as opposed to the current system where the landlord must apply through the tribunal and justify their case to receive approval to evict. The Government believes that this change should halve the CTTT's case load thus reducing the time for matters to be heard. This will have the effect of speeding up the eviction process but still give tenants the ability to contest the termination and have their case assessed by the tribunal.

Tenants also receive increased rights. Mortgagors who reposses a property due to the landlord defaulting on their mortgage payment must now provide a 30 day notice of eviction to tenants, a marked improvement on the current situation where the tenant can be physically evicted without receiving any warning or notification.

Tenants who move out of a share house or a relationship will be able to be apply to have liability on their part of the lease waived.

Tenants will now pay water charges for all properties with seperate meters in the same way as electricity is charged bringing a uniformity across all properties.

There are a number of other proposed changes including giving tenants greater freedom in putting up pictures and painting properties and providing for rental discounts when tenants are disadvantaged due to a property being on the market.

More detail on the Proposed Tenancy legislation  is available on the OFT web site.