June 26, 2022 • 11 mins
Ben Bartl, Principal Solicitor at the Tenants' Union of Tasmania
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Speaker 1 (00:00):
Tasmania Talks with Mike Olcklin weekday mornings from nine. The
number of fines issued to Tasmanian landlords for failing to
rectify problems with their properties has increased. For the twenty
twenty one to twenty two period, the Residential Tenancy Commissioner
issued eleven infringement notices relating to five investigations over the
past year. Apparently it's a significant increase from the two
(00:22):
fines two fins a year we saw between twenty sixteen
to twenty nineteen. So I want to find a little
more about check in with the rental crisis as well
with Principal Solicitor of the Tenants Union of Tasmania Ben Bartel. Ben,
good morning, Thanks for your time.
Speaker 2 (00:37):
Good morning Mike. Thanks for having me on.
Speaker 1 (00:39):
So talk us through these finds. Ben, what sort of
things were they for?
Speaker 2 (00:44):
Well, the Residential Tenancy Commissioner who regulates height, they don't
provide information as to the specifics on why the signs
were issue, but what we do have a good idea
just from the types of cause we receive. So generally speaking,
the area of most concern is repairs, so that is
(01:09):
tendant to have reported repair issues to their property. The
whole water cylinder might have broken down, the oven isn't working,
the hot plates have stopped working, and the landlord is
refusing to either fix the problem or is taking too
long to fix the problem. So what the residential tendancy
(01:30):
commissioner can do is they can order the landlord to
carry out the repairs, and in the event that the
landlord chooses to ignore the tenancy commissioner's order, the tendancy
commissioner is then able to issue are fine.
Speaker 1 (01:47):
If you don't mind, Ben tell us about the minimum standard?
Speaker 2 (01:52):
Sure, So every single residential property has to have minimum standards.
It's things like every rental property has to have a toilet,
there has to be adequate ventilation, There has to be
an oven, There needs to be at least two hot plates,
there needs to be hot water, things like that. I mean,
(02:15):
they are only minimum standards, and we would like the
government to go further. Given the current cost of living crisis.
We would like to see the government mandate that all
rental properties have minimum energy effission requirements. So things like
ensuring that hot water cylinders are a minimum of three
(02:37):
star or requiring water saving devices on your shell and
light globes and things like that, because not only would
that be helping the environment, but it would also be
driving down electricity prices for tenants.
Speaker 1 (02:54):
Now, these investigations obviously stemming from tenants complaints, but can
tenants comply backfire? Can landlords put rents up I mean,
or not renew leases if they're not happy about a complaint?
Speaker 2 (03:08):
Well, Mike, you've hit the nail on the head. I mean.
The difficult is a tenantcies if they stand up for
their rights, if they get the Residential Tenancy Commissioner involved,
or they make a complaint to their real estate agency,
there is the possibility that it will backfire, with the
(03:28):
landlord either choosing not to renew the lease agreement when
the lease comes up for a new ale. Yeah, so
it is a real concern. And of course, as you've
quite correctly pointed out, the other concern is that the
landlord may choose to increase the rent. So they are
two issues that tenants need to keep in mind when
(03:51):
they're thinking about making a.
Speaker 1 (03:53):
Complaint, which is a shame in one respect, But do
you think many talents then might not speak up about
issues because of that fear?
Speaker 2 (04:01):
There's no doubt might There's absolutely no doubt that many
tenants do feel that they can't ask for repairs to
be carried out or just as you said, because they're
worried that the rent might go up or they might
be evicted. So one bit of advice we often give
to tenants is if the repair is come is required,
(04:25):
and it's coming up to the renewal of the lease agreement,
what the tenants should do is they can is wait
until they've signed on to the new lease agreement and
then asked for the repairs to be carried out because
at least for the following twelve months or two years
that they should be safe in the property.
Speaker 1 (04:44):
Gotcha, and the number of complaints The Residentsial Tendency Commissioner
I mean been criticized in the past for rarely issuing fines.
As I mentioned, we only had what two fines a
year between twenty sixteen twenty nineteen. Do you think this
is a sign things are changing or are they just
more complains at me?
Speaker 2 (05:03):
That's a good question, Mike. I would hope that the
Residential Tenancy Commissioner has been listening to the concerns raised
in the media and by the tenants union. We do
believe that the Tenancy Commissioner should be policing the Act
a lot more strongly. There are a lot of landlords
(05:25):
out there that are not a lot, but there are
some who are doing the wrong things. So we rarely
think that for those landlords who are breaking the law
and not ensuring minimum standards and are not complying with
their obligations under the Act, we think the Tenancy Commissioner
should be issuing more fines.
Speaker 1 (05:44):
How many complaints do we really see each year? On average?
Speaker 2 (05:46):
Ben, Look, there's usually a couple of hundred, and there's
data that shows that probably two or three hundred over
three or four year period are well founded. So they
are complaints that the Residential Tenancy Commissioner recognizers that the
(06:09):
tenant is telling the truth and there is something wrong
that either the real estate agent or landlord has done.
As you have quite correctly pointed out, there's only a
handful of fines issued each year. And as I said,
it would be really good if, rather than just providing
(06:30):
an educative role, which is often what regulators feel their
principal responsibility is, it would be great if they were
really cracking down on those landlords that are genuinely doing
the wrong.
Speaker 1 (06:44):
See well, the Residential Tenancy Commissioner has said majority of
complaints could be resolved without the need for compliance action.
What are your thoughts there.
Speaker 2 (06:54):
Well, I mean they're quite right. I mean what the
Tenancy commissioner is doing is explaining the law to the landlord,
and the landlord is then ensuring that the hot water
cylinder or a minimum standard is met. But the problem
with they're thinking is that the law already is that
the minimum standard is required. So no landlord should not
(07:19):
know the law before entering into a residential tenancy agreement.
So sure, perhaps if it's their first strike, then maybe
give them a warning. But for those landlords have been
told repeatedly that their properties are not meeting the minimum standards,
that they're not complying with the law, we do think
(07:40):
the Tenancy Commissioner should crack down on them.
Speaker 1 (07:43):
And moving on, Ben, I'm talking, by the way, with
the Ben Bartell, Principal Solicitor of the Tenants Union of Tasmania.
Then where are things at with the housing crisis at
the moment? From your eyes, Well.
Speaker 2 (07:57):
Look, government is moving, but they're moving at a snail's pace.
In our opinion, I mean, just last week, the big
issue in the media was around electricity prices which are
going up by about two hundred to two hundred and
fifty dollars a year, and of course that is a
big blow to people who are already struggling to put
(08:19):
food on their table or to pay for electricity bills.
But we need to recognize that rents are the biggest
cost of living pressure. And why I can say that
is because what the data shows is that rents in
Bernie Penguin and Alveuston, so Northwest Tasmania, have gone up
(08:42):
by fifty dollars a week over the last year. That's
two thousand and six hundred dollars at residential tenants in
northwest Tasmania having to fork out to keep a roof
over their head. And it's not just in Northwest Tasmania.
Long Sest and rents of God up by seventy five
dollars a week over the last year. And even on
(09:04):
the West Coast, where a lot of people moved because
they thought that the properties were really affordable there, they've
gone up by twenty five dollars a week. I mean,
it doesn't sound like a lot, but that's an extra
thirteen hundred dollars a year that people on the West
Coast are having to fork out for.
Speaker 1 (09:22):
Rents, and there's not much that can be done and
prevent these increases, is there.
Speaker 2 (09:27):
Well, no, you're quite right, Mike. So, unfortunately, the law
around rent increases is that they can go out by
whatever the market provides for. So on the West Coast,
for example, is all the rents are going up by
twenty five dollars a week, then the tenant unfortunately doesn't
have much of a case to make. But if anyone
(09:53):
does get a rent increase notice and does think that
it is unreasonable, what they should do is they should
look to see what other properties in the area are
being rented out for. They should also consider whether or
not the property has been improved over the time that
they've been living there, and if the price is higher
(10:16):
than other properties in the area or if improvements haven't
been made, the tenancy that sorry, the tenant should really
consider making an application to the tenancy commissioner, because the
tenancy commissioner does have the power to say that the
increase is too much and can either say that there
can be no increase or that the increase is less
(10:38):
than that that's been asked for by either the agent
or the landlord.
Speaker 1 (10:43):
And Ben, can I get in touch with the Tenant
Union of Tessimania if they're just look, they're a little
bit you find a bit mind boggling. It all is
all too hard, but I really want to complain, And well,
can they get any touch with the Tenant Union? Is there?
Just call you guys.
Speaker 2 (10:57):
Of course, of course. I mean we're funded by the
state government to do this very job. So please if
tenants do have queries, if they do want assistance with
the application for the Tenancy Commissioner or filling out an
application for an order for repairs, please get in touch
with us. We do have a lawyer in laun Test
(11:18):
and we've also got lawyers in Homer. Yeah, and we're
more than happy to give a hand if we can.
Speaker 1 (11:26):
Oh, good cool, Ben, someone's a pleasure speaking with you, mate.
Thank you so much for your time this morning. Mike,
have a good morning you two. Ben Bartelse, Principal Solicitor
oft the Tenants Union of Tasmania. And there'd be a
lot of queries, a lot of if you've got any
questions one three hundred, double ten twelve text of course
zero double four, eight thirty, ten to twelve or just
if you're concerned at your home, just get in touch
(11:49):
with the Tenants Union of Tasmania. Tasmania Talks with Mike
O Locklin weekday mornings from nine
Tasmania Talks with Mike Olcklin weekday mornings from nine. The
number of fines issued to Tasmanian landlords for failing to
rectify problems with their properties has increased. For the twenty
twenty one to twenty two period, the Residential Tenancy Commissioner
issued eleven infringement notices relating to five investigations over the
past year. Apparently it's a significant increase from the two
(00:22):
fines two fins a year we saw between twenty sixteen
to twenty nineteen. So I want to find a little
more about check in with the rental crisis as well
with Principal Solicitor of the Tenants Union of Tasmania Ben Bartel. Ben,
good morning, Thanks for your time.
Speaker 2 (00:37):
Good morning Mike. Thanks for having me on.
Speaker 1 (00:39):
So talk us through these finds. Ben, what sort of
things were they for?
Speaker 2 (00:44):
Well, the Residential Tenancy Commissioner who regulates height, they don't
provide information as to the specifics on why the signs
were issue, but what we do have a good idea
just from the types of cause we receive. So generally speaking,
the area of most concern is repairs, so that is
(01:09):
tendant to have reported repair issues to their property. The
whole water cylinder might have broken down, the oven isn't working,
the hot plates have stopped working, and the landlord is
refusing to either fix the problem or is taking too
long to fix the problem. So what the residential tendancy
(01:30):
commissioner can do is they can order the landlord to
carry out the repairs, and in the event that the
landlord chooses to ignore the tenancy commissioner's order, the tendancy
commissioner is then able to issue are fine.
Speaker 1 (01:47):
If you don't mind, Ben tell us about the minimum standard?
Speaker 2 (01:52):
Sure, So every single residential property has to have minimum standards.
It's things like every rental property has to have a toilet,
there has to be adequate ventilation, There has to be
an oven, There needs to be at least two hot plates,
there needs to be hot water, things like that. I mean,
(02:15):
they are only minimum standards, and we would like the
government to go further. Given the current cost of living crisis.
We would like to see the government mandate that all
rental properties have minimum energy effission requirements. So things like
ensuring that hot water cylinders are a minimum of three
(02:37):
star or requiring water saving devices on your shell and
light globes and things like that, because not only would
that be helping the environment, but it would also be
driving down electricity prices for tenants.
Speaker 1 (02:54):
Now, these investigations obviously stemming from tenants complaints, but can
tenants comply backfire? Can landlords put rents up I mean,
or not renew leases if they're not happy about a complaint?
Speaker 2 (03:08):
Well, Mike, you've hit the nail on the head. I mean.
The difficult is a tenantcies if they stand up for
their rights, if they get the Residential Tenancy Commissioner involved,
or they make a complaint to their real estate agency,
there is the possibility that it will backfire, with the
(03:28):
landlord either choosing not to renew the lease agreement when
the lease comes up for a new ale. Yeah, so
it is a real concern. And of course, as you've
quite correctly pointed out, the other concern is that the
landlord may choose to increase the rent. So they are
two issues that tenants need to keep in mind when
(03:51):
they're thinking about making a.
Speaker 1 (03:53):
Complaint, which is a shame in one respect, But do
you think many talents then might not speak up about
issues because of that fear?
Speaker 2 (04:01):
There's no doubt might There's absolutely no doubt that many
tenants do feel that they can't ask for repairs to
be carried out or just as you said, because they're
worried that the rent might go up or they might
be evicted. So one bit of advice we often give
to tenants is if the repair is come is required,
(04:25):
and it's coming up to the renewal of the lease agreement,
what the tenants should do is they can is wait
until they've signed on to the new lease agreement and
then asked for the repairs to be carried out because
at least for the following twelve months or two years
that they should be safe in the property.
Speaker 1 (04:44):
Gotcha, and the number of complaints The Residentsial Tendency Commissioner
I mean been criticized in the past for rarely issuing fines.
As I mentioned, we only had what two fines a
year between twenty sixteen twenty nineteen. Do you think this
is a sign things are changing or are they just
more complains at me?
Speaker 2 (05:03):
That's a good question, Mike. I would hope that the
Residential Tenancy Commissioner has been listening to the concerns raised
in the media and by the tenants union. We do
believe that the Tenancy Commissioner should be policing the Act
a lot more strongly. There are a lot of landlords
(05:25):
out there that are not a lot, but there are
some who are doing the wrong things. So we rarely
think that for those landlords who are breaking the law
and not ensuring minimum standards and are not complying with
their obligations under the Act, we think the Tenancy Commissioner
should be issuing more fines.
Speaker 1 (05:44):
How many complaints do we really see each year? On average?
Speaker 2 (05:46):
Ben, Look, there's usually a couple of hundred, and there's
data that shows that probably two or three hundred over
three or four year period are well founded. So they
are complaints that the Residential Tenancy Commissioner recognizers that the
(06:09):
tenant is telling the truth and there is something wrong
that either the real estate agent or landlord has done.
As you have quite correctly pointed out, there's only a
handful of fines issued each year. And as I said,
it would be really good if, rather than just providing
(06:30):
an educative role, which is often what regulators feel their
principal responsibility is, it would be great if they were
really cracking down on those landlords that are genuinely doing
the wrong.
Speaker 1 (06:44):
See well, the Residential Tenancy Commissioner has said majority of
complaints could be resolved without the need for compliance action.
What are your thoughts there.
Speaker 2 (06:54):
Well, I mean they're quite right. I mean what the
Tenancy commissioner is doing is explaining the law to the landlord,
and the landlord is then ensuring that the hot water
cylinder or a minimum standard is met. But the problem
with they're thinking is that the law already is that
the minimum standard is required. So no landlord should not
(07:19):
know the law before entering into a residential tenancy agreement.
So sure, perhaps if it's their first strike, then maybe
give them a warning. But for those landlords have been
told repeatedly that their properties are not meeting the minimum standards,
that they're not complying with the law, we do think
(07:40):
the Tenancy Commissioner should crack down on them.
Speaker 1 (07:43):
And moving on, Ben, I'm talking, by the way, with
the Ben Bartell, Principal Solicitor of the Tenants Union of Tasmania.
Then where are things at with the housing crisis at
the moment? From your eyes, Well.
Speaker 2 (07:57):
Look, government is moving, but they're moving at a snail's pace.
In our opinion, I mean, just last week, the big
issue in the media was around electricity prices which are
going up by about two hundred to two hundred and
fifty dollars a year, and of course that is a
big blow to people who are already struggling to put
(08:19):
food on their table or to pay for electricity bills.
But we need to recognize that rents are the biggest
cost of living pressure. And why I can say that
is because what the data shows is that rents in
Bernie Penguin and Alveuston, so Northwest Tasmania, have gone up
(08:42):
by fifty dollars a week over the last year. That's
two thousand and six hundred dollars at residential tenants in
northwest Tasmania having to fork out to keep a roof
over their head. And it's not just in Northwest Tasmania.
Long Sest and rents of God up by seventy five
dollars a week over the last year. And even on
(09:04):
the West Coast, where a lot of people moved because
they thought that the properties were really affordable there, they've
gone up by twenty five dollars a week. I mean,
it doesn't sound like a lot, but that's an extra
thirteen hundred dollars a year that people on the West
Coast are having to fork out for.
Speaker 1 (09:22):
Rents, and there's not much that can be done and
prevent these increases, is there.
Speaker 2 (09:27):
Well, no, you're quite right, Mike. So, unfortunately, the law
around rent increases is that they can go out by
whatever the market provides for. So on the West Coast,
for example, is all the rents are going up by
twenty five dollars a week, then the tenant unfortunately doesn't
have much of a case to make. But if anyone
(09:53):
does get a rent increase notice and does think that
it is unreasonable, what they should do is they should
look to see what other properties in the area are
being rented out for. They should also consider whether or
not the property has been improved over the time that
they've been living there, and if the price is higher
(10:16):
than other properties in the area or if improvements haven't
been made, the tenancy that sorry, the tenant should really
consider making an application to the tenancy commissioner, because the
tenancy commissioner does have the power to say that the
increase is too much and can either say that there
can be no increase or that the increase is less
(10:38):
than that that's been asked for by either the agent
or the landlord.
Speaker 1 (10:43):
And Ben, can I get in touch with the Tenant
Union of Tessimania if they're just look, they're a little
bit you find a bit mind boggling. It all is
all too hard, but I really want to complain, And well,
can they get any touch with the Tenant Union? Is there?
Just call you guys.
Speaker 2 (10:57):
Of course, of course. I mean we're funded by the
state government to do this very job. So please if
tenants do have queries, if they do want assistance with
the application for the Tenancy Commissioner or filling out an
application for an order for repairs, please get in touch
with us. We do have a lawyer in laun Test
(11:18):
and we've also got lawyers in Homer. Yeah, and we're
more than happy to give a hand if we can.
Speaker 1 (11:26):
Oh, good cool, Ben, someone's a pleasure speaking with you, mate.
Thank you so much for your time this morning. Mike,
have a good morning you two. Ben Bartelse, Principal Solicitor
oft the Tenants Union of Tasmania. And there'd be a
lot of queries, a lot of if you've got any
questions one three hundred, double ten twelve text of course
zero double four, eight thirty, ten to twelve or just
if you're concerned at your home, just get in touch
(11:49):
with the Tenants Union of Tasmania. Tasmania Talks with Mike
O Locklin weekday mornings from nine
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