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| From: | SP52948 owner |
|---|---|
| To: | Robert Crosbie Waratah Strata Management |
| CC: | Stuart Greene Waratah Strata Management |
| Subject: | FAILED COMPLIANCE: SP52948 issues with Residential Tenancy Act 2010, ventilation, and smoke alarms on 19Apr2021 |
| Date: | 19/4/21, 12:23 pm |
Good morning,
In spite of repeated concerns, it appears some properties in
SP52948 are still advertised for short-term letting, in
non-compliance with SP52948 Development Approval Conditions and
Building and Development Advisory Service. Examples:
https://www.shorttermapartmentrentals.com.au/apartment/macquarie-park-2-bedroom-fontenoy-road-mq48/
It is being advertised at price of $140.00 to $200.00 per night.
a) How bad was the rating on 1 April 2018 for Lot 93 shows this website:
They stated, with special emphasis on faulty smoke detectors:
When we arrived the apartment was dirty, with urine splashes
on the floor in bathroom etc. The smoke detector didnt work,
There were no teaspoons, no toaster and egg stuck to the
cupboard doors. We ...
b) In light of current numerous non-compliance issues with
OH&S and fire safety regulations (one drastic example are both
smoke alarms in Lot 158), rental properties are covered by changes
to the residential tenancy laws that started on 23 March 2020,
with amendments to the Residential Tenancies Act 2010 (the Act)
and the new Residential Tenancies Regulation 2019 (the new
Regulation). The changes improve tenants’ renting experience while
ensuring landlords can effectively manage their properties. The
changes aim to reduce disputes over repairs and maintenance,
increase protection and certainty for tenants, and clarify the
rights and obligations of tenants and landlords.
Landlords/agents need to ensure that smoke alarms installed in
the rented property are in working order. To ensure smoke alarms
installed in the rented property are in working order, they must:
c) Number of complaints about poor ventilation have already been
reported. In light of Covid-19 and OH&S regulations, rental
properties are covered amendments to the Residential Tenancies Act
2010 (the Act) and the new Residential Tenancies Regulation 2019
(the new Regulation):
Landlords are currently required to provide the rented
property in a reasonable state of cleanliness and ‘fit for
habitation’. The changes introduce seven minimum standards which
clarify what ‘fit for habitation’ means.
The minimum standards set clearer expectations for
landlords and tenants and will apply to all rented properties.
To be fit to live in, the property must (as a minimum):
be structurally sound
have adequate natural or artificial lighting in each
room, except storage rooms or garages
have adequate ventilation
be supplied with electricity or gas, and have enough
electricity or gas sockets for lighting, heating and other
appliances
have adequate plumbing and drainage
have a water connection that can supply hot and cold
water for drinking, washing and cleaning
have bathroom facilities, including toilet and washing
facilities that allow users' privacy.
Landlords need to ensure their rented properties meet the
minimum standards to be fit for habitation. Rented properties
are already required to be fit for habitation and should already
meet these basic standards.
The property could have other issues that may make it unfit
for a tenant to live in, even if it meets the above seven
minimum standards. Before the property is rented out, the
landlord or agent should take steps (such as make repairs) to
make sure the property is fit to live in.
These standards must be maintained throughout the tenancy
(by making repairs).
Regards,
Good morning,
It is well-known that number of properties in the complex are advertised as short-term holiday places for tourists and businesses. Few examples from website today.
Lack of proper safety (an example, lot of smoke detectors have not been replaced for more than 10 years - one in Lot 158 was manufactured in 1994 and does not operate safely) can create a disaster for tenants.
In addition, some councils have now been sending letters to owners corporations asking to sign off statements about compliance with the Residential Tenancy Act 1987. For example, request sent to SP57348 from Council of the City of Sydney in February 2020 ("Compliance-with-Residential-Tenancy-Act-1987-sent-to-strata-complex-in-City-17Feb2020.webp"). In it, it states:
The Body Corporate has been advised by the Council of the City of Sydney that Development
Approval condition 5{c} for the Aston Strata building states that
“All units approved for permanent residential accommodation must be either owner occupied,
or occupied by a tenant with a residential lease under the Residential Tenancy Act 1987. A
certificate signed by the owner or the Body Corporate (if the development is strata
subdivided) or a Solicitor (holding a current certificate to practice), must be forwarded to
Council within 12 months of the completion of the development, and every 12 months
thereafter, certifying that all units approved for Residential Development are either owner
occupied or are subject to residential leases under the Residential Tenancy Act,1987.”
The Aston Body Corporate is required under the terms of this Development Approval to provide
the above Certificate to Sydney City Council.
Verification of SP52948 Development Approval Conditions and Building and Development Advisory Service at Ryde Council confirms that this applies to SP52948:
* Short-term tenants are allowed ONLY if owner stays and lives in property and shares it with visitors. In that case they still have to get Ryde Council approval.
* The other valid options for a property to be occupied in our complex are:
1. Owner occupied, or
2. Subject to a lease under Residential Tenancy Act 1987.
* Services like AirBnB, StayZ, and similar are not allowed in strata complexes by law as yet.
Waratah Strata Management and maintenance staff share the responsibility for ensuring the compliance and ensuring their staff are not involved in supporting those facilities (for example, keeping keys of the properties and delivering them to guests, and so on).
Regards,