SPEAKING OUT ABOUT REAL ESTATE IN THE ACT - THE PERFECT STORM - REIACT
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ISSUE 23 . APRIL 2021 SPEAKING OUT ABOUT REAL ESTATE IN THE ACT REAL ESTATE VOICE THE PERFECT STORM ACAT STELLAR YEAR Record breaking Update on ACT median now suburb sales endorsement $750,000 applications
REIACT BOARD 2020–21 COMMITTEE STRUCTURE President Hannah Gill 2020–21 P 6209 1409 . M 0438 247 898 E hannah@thepropertycollective.com.au Property Management Craig Bright Professional Practices Deputy President Stan Platis Craig Bright / Michelle Tynan / P 6209 1502 Benjamin Grady E stan@independent.com.au Awards Stan Platis Training Treasurer John Faulks Michelle Tynan P 6264 8000 E john@nexis.com.au Auction Peter Walker Finance Director Craig Bright John Faulks P 6239 4555 . M 0419 394 555 Corporate Governance E craig@brightpartners.com.au Michael Kumm Commercial Guy Randell Director Tom Ellis M 0412 622 006 E tom@bertramellise.com.au CONTACT REIACT Director Benjamin Grady P 02 6274 0959 Phone 0499 881 168 E benjamin.grady@ballawyers.com.au Email reception@reiact.com.au Unit 7 - 1 Beaconsfield Street Fyshwick ACT 2609 Director Sandra Masters P 6255 3888 . M 0416 121 155 E sandra.masters@ljhooker.com.au @realestateinstituteofACT @REIofACT Director Col McIntyre www.reiact.com.au P 6294 9393 E col.mcintyre@mcintyreproperty.com.au Images sourced from Unsplash Director Chris Wilson M 0418 620 686 E chris.wilson@creamresidential.com.au Immediate Past President Michael Kumm P 6295 9911 . M 0402 943 191 E mike.kumm@belleproperty.com REIACT . Real Estate Voice . Issue 23 . April 2021 3
CONTENTS Residential Tenancy 10 Is your business ready for 13 REIA Report 18 Ammendments the effects of La Nina After a near-apocalyptic year, the real The most recent changes to the La Nina caused significant damage estate industry is once again open Residential Tenancies Act 1997 (ACT) when it last made its way to Australia for business and moving into a better came in the form of the Residential in 2010-12 season. And the Bureau of future. The year has kicked off with Tenancies Amendment Act 2020 (No 2). Meteorology says the impacts associated some big news making the headlines. These changes strengthened the legal with the weather pattern, such as framework for share housing in the ACT. excessive rainfall, are expected to persist. Gender Super Gap 21 Did you know that more than 80 per Allhomes - The Perfect Storm 11 Redundancy Road Map 15 cent of women are currently retiring A "perfect storm” of economic factors and The fallout from the COVID-19 with insufficient superannuation savings buyer activity is fuelling record price sales pandemic has resulted in many real to fund a comfortable lifestyle? In fact, across a number of Canberra suburbs. estate agencies asking questions of how the average superannuation account There have been more than a dozen to cope with business downturn and balance for women when they retire is suburbs that have recorded new sales changes in operational requirements. around $80,000 less than the average benchmarks since the start of the year. for men. REIACT . ISSUE 23 . APRIL 2021 4 REIACT . Real Estate Voice . Issue 23 . April 2021
Pet Friendly Properties 24 Auction Bidding Tips 30 Three Mistakes with Real Estate 33 Allowing pets to be housed in a rental With auctions being more commonplace, IT can be considered costly, but it is property is a major decision for landlords nowadays in the ACT, high levels of buyer the decisions made about IT that can and their property managers. Under confidence in property have prompted be costly. Within 10% of the initial legislation in the ACT, tenants can keep more spirited bidding at these auctions. project timeline, you are likely to have pets at the property with the consent of determined 90% of the lifecycle costs. landlords. Real Estate Training 32 By now you will be aware of the changes Australia's Real Estate and 35 Support to Cut Energy Costs 29 in legislation that came in on 23rd Housing Finance Crisis The ACT Government’s Actsmart March, 2020. We have had year full Australia, we have a problem – a very program helps businesses and of changes in legislation, Covid 19 big one. Whether you are an owner- households in the ACT to save energy legislations changing and updating often occupier or a tenant, this problem and water. We can help to reduce and a strange market, with lots of twists effects the roof over your head, and it energy and water bills. Small steps can and turns. is not a COVID creation. achieve big savings. REIACT . Real Estate Voice . Issue 23 . April 2021 5
PRESIDENT FROM THE I’d like to acknowledge and thank our These committees will help drive CEO Michelle Tynan, and Rebecca strategic direction and outcomes, and Elton, REIACT Administrative Manager, while each area is important, training, for their work over 2020. member services and events are all high on the Board’s agenda for 2021. In our November issue, I talked We know how challenging it can be to about the opportunities I was hopeful recruit and retain good people in the 2021 would bring, and it’s fair to say, industry and we believe the Institute opportunities have been in abundance. can play a role in helping make this Last year highlighted the importance easier. of collaboration and innovation. We were able to achieve things that in Congratulations to Narelle Casey, Alex the absence of COVID, our market Ah Key, John Minns, Claire Corby, wouldn’t have necessarily accepted, Rosalie Douglas and Grace Hooper for but things that became commonplace your appointment to these committees. very quickly such as remote property As I am sure you are all aware, there viewings, remote routine inspections are several legislative changes on and online auctions. REIACT PRESIDENT the radar. The Institute is actively Hannah Gill I am confident that this appetite for participating in discussions around innovation and positive change will not these changes, in particular the only remain but continue to strengthen abolishment of the 26 week no cause in Canberra real estate. notice to vacate, and the upcoming Welcome to our first issue of The knowledge and experience of introduction of minimum energy Real Estate Voice for 2021. efficiency ratings in rental properties. our members is second to none, and by working together, supporting one It is very much a priority to ensure It seems strange that we are already another and celebrating achievements we have a seat at the table for any in April; we have passed the one year (with a side of healthy competition, discussion relating to policy which anniversary for the ACT real estate of course), we will continue to learn, may have unintended or adverse lock down (Tuesday 24 March 2020 to improve and ultimately deliver a better consequences, further impacting be exact), and I think it’s important to service to our clients and experience issues around supply and affordability, recognise the effort and contribution for our people. and as we have more clarity and made by many in our industry during information, we will be sure to provide the months that followed. We know that from an Institute updates. viewpoint we need to continue to Here is a snapshot of the work deliver helpful information to our We recently held the President’s undertaken by the Institute for 2020: members. As a Board, we know breakfast which was a sold out • 17 new members joined we need to continue to improve event at Hotel Realm. With special our governance, diversity, scope guests REIA CEO Anna Neelagama, • The Institute received 456 member of services and better leverage the Jarrod Coysh CEO REI Super and and public enquiries knowledge and passion our members Chris Richardson from Deloitte have. Access Economics, the morning • 53 COVID updates went out to was engaging and full of relevant, Principals As such, heading into the new helpful information. Thanks to our • 19 COVID e-News updates went out financial year, we are pleased to event partner, REI Super and to the to members introduce working committees for the members who joined us – we received board. These include: Governance, great feedback and look forward to • The Institute had representation at Legal and Due Diligence, Professional seeing you all at the next one! 48 COVID related ACT Government Standards, Member Services, consultation meetings and 29 Sponsorship, Events and Training. As always, if we can assist you in any National REIA Board & CEO COVID way, please don’t hesitate to reach out! related meetings REIACT . Real Estate Voice . Issue 23 . April 2021 7
FROM THE CEO Nationally, we have been heavily The REIACT Annual General Meeting involved in the federal mandate for has been set down for Thursday, 27th Automatic Mutual Recognition. This May 2021. Next week you will receive mandate was intended to remove “red an email communication detailing all tape and allow ease of movement the information for Board Nominations for employment”, which, for many for 2021-2022. I ask that you give industries is achievable as they have this serious consideration and the national standards, however, for real skill set that you, as an individual, can estate there is no national standard bring to the Institute. The Institute has for either legislation or training, so we established seven new Committees, have implored the ACT Government to commencing 1 July 2021, to exempt the real estate industry on the enhance and increase the services grounds of consumer protection. to be provided to Institute members going forward. All Board members Locally, we are now participating in will play an important role on these consultation with the ACT Government committees. If you would like further on a number of proposed changes REIACT CEO information on the role of a Board to the Residential Tenancies Act. Michelle Tynan member, please contact me. These include; removal of 26 weeks no cause termination, mandatory Finally, Awards season will soon be Hot, hot, hot is how all my EER rating, rent bidding and the upon us. On 10th June we will be right to grow food. To our Property represented by our 2020 REIACT conversations start these days Management Committee in advance, Awards for Excellence winners at the and everyone is a property expert. thank you – the work required over REIA National Awards for Excellence the next six months will be extensive. to be held in Darwin. I would like to No matter where you are in this great On 3rd March, the Committee met take this opportunity to thank all of our country we live in, the conversation with the Attorney General in a round nominees for the considerable effort, is the same, and I’m sure you are all table discussion to advise Minister during a very busy time, to complete having the exact same conversations. Rattenbury on the “unintended” the submissions for the National Whilst we had hopes for 2021 consequences for removal of the 26 Awards. On behalf of the REIACT continuing the recovery after the weeks no cause termination clause. Board and Secretariate, we wish you year that was, it now seems all the The professionalism and expertise every success in Darwin. economists share our hope, predicting showcased during that 45-minute the continuing rise of property sales We can also confirm that the 2021 meeting, with a detailed and data- and values for at least the next two REIACT Awards for Excellence will based presentation, implored the years. So, with this renewed optimism, be held on Saturday, 23rd October Minister to now seek further guidance I look forward to being the centre 2021, at Hotel Realm. The REIACT and consultation for both the removal of attention at all my future social Auctioneering Championships will of the 26 weeks no cause termination gatherings for a little while to come! make their long-awaited return on and mandatory EER ratings. We will Wednesday, 1st September 2021 With the first quarter of the year now also be representing our members with the competition also to be held done and dusted, here at the Institute in the consultation process for the at Hotel Realm. Nominations for the we have been very busy, our attention development of the new real estate 2021 REIACT Awards for Excellence now focused on advocacy for our training package which must be will open on Monday 31st May 2021. members on many fronts. implemented by June 2021. 8 REIACT . Real Estate Voice . Issue 23 . April 2021
NEW REIACT MEMBERS BASTION PROPERTY GROUP THE PROPERTY COLLECTIVE 02 6176 3426 02 6209 7777 10/285 Canberra Avenue Unit 16, Level 1, 175 Anketell Street Fyshwick ACT 2609 Tuggeranong ACT 2901 bastionpropertygroup.com.au thepropertycollective.com.au HARCOURTS PRIME RESIDENTIAL STONE GUNGAHLIN 02 6162 0002 0410 125 475 Unit 3, Cooyong Centre 16A, Stage 2, The Marketplace 33 Hibberson St 1 Torrens St, Braddon ACT 2612 Gungahlin ACT 2912 primeresidential.harcourts.com.au stonerealestate.com.au JONNY WARREN PROPERTIES TIMOTHY ROAD 0431 797 891 0401 097 568 806/241 Northbourne Avenue Level 1 / 11-17 Swanson Court Lyneham ACT 2602 Belconnen ACT 2617 jonnywarren.com.au timothyroad.com.au REIACT . Real Estate Voice . Issue 23 . April 2021 9
CO-TENANCY CHANGES RESIDENTIAL TENANCIES AMENDMENTS The stated purpose of the changes • create a framework for managing the is to facilitate the availability of stable transfer of a co-tenants interest in the and secure housing in the ACT and to security bond when there is a change protect parties from unfair practices by: to the co-tenancy; and • creating mandatory minimum • set out a framework to resolve Benjamin Grady & Daniel Page principles for occupancy agreements; disputes between co-tenants or BAL Lawyers disputes between the landlord and • introducing a security deposit co-tenants. framework for occupancy agreements; and Due to the changes, landlords and tenants no longer need to ‘restart’ • introducing enforceable conciliation an agreement upon a change to the of occupancy disputes. tenancy and managing agents can move The changes: forward with greater certainty as to the role of each party during that transition • introduce the legal concept of a ‘co- and their respective obligations. Whilst tenant’, who has the same rights of The most recent changes to possession and quiet enjoyment; the changes aim to provide greater the Residential Tenancies Act support and representation for tenants, • create the ability for tenants to be it remains to be seen whether the long- 1997 (ACT) came in the form added to or removed from a tenancy term benefit will facilitate the availability of the Residential Tenancies agreement (with the consent of the of stable and secure housing in the ACT. Amendment Act 2020 (No landlord) without the agreement The Property Team at BAL Lawyers coming to an end; 2), part of which commenced have extensive experience managing on 3 March 2021. These • create a framework for managing the rights and obligations of parties to a the condition of the property (and tenancy agreement. Should you require changes strengthened the legal the condition report) as at the advice or further information, please framework for share housing in commencement of the term, or upon do not hesitate to get in touch with a the ACT. a change to the co-tenancy; member of the Property Team. 10 REIACT . Real Estate Voice . Issue 23 . April 2021
THE PERFECT STORM ‘THE PERFECT STORM’: WHAT’S DRIVING CANBERRA’S RECORD BREAKING SUBURB SALES? Michael Braddon of Blackshaw “Like all storms, they come to pass but Gungahlin said the capital’s ability to we don’t know how long this storm will contain the virus well had encouraged last,” he said. buyers and investors to purchase here. “The market is going to be dictated by “There are a number of economic the current economic conditions and Jessica Taulaga factors that have supported these sales if that stays, the trajectory will remain Allhomes and, backed by the low supply of houses the same because more buyers are in for sale and a high demand from buyers, the market and more money is being it’s created the perfect storm for sellers borrowed.” and buyers,” he said. Mr Morrissey quietly broke Curtin’s “So I’m not surprised that we’ve seen record in February after a house sold for these strong sales across a number of $2.7 million off-market. suburbs.” “If more stock comes to market, prices Mr Braddon broke the Higgins record in will flatten but there’s no indication of early March when a house sold under prices declining anytime soon,” he said. A "perfect storm” of economic the hammer for $980,000. In the December quarter, Canberra’s factors and buyer activity is “We had a lot of people ask us how median house price leapt to a record fuelling record price sales much it was worth during the open for high of $855,530, up 6.4 per cent over across a number of Canberra inspections, which we gave, but when the quarter and 9.1 per cent over the suburbs. we took it to auction, bidders were year, Domain’s House Price Report willing to pay more,” he said. showed. There have been more than a dozen In February alone, Mr Braddon met 980 “We entered 2021 with record-high suburbs that have recorded new sales buyers and that figure has increased this house prices and, in an environment benchmarks since the start of the year. month, he said. where prices are rising, we would Domain senior research analyst Dr expect records to be achieved across “With interest rates being as low as they Nicola Powell said there were a number Canberra,” Dr Powell said. have been, getting a loan has been of factors contributing to Canberra’s easy for house hunters and they’re now “We have record-low interest rates and stellar selling spree. purchasing out of the fear of missing they're going to be here at least for the “Ultimately, it’s low interest rates and low out,” Mr Braddon said. rest of this year. mortgage repayments that are spurring “They're not worried about paying a “The RBA is watching what's happening buyers to purchase,” Dr Powell said. bit extra now because they're seeing to lending environments and to house “With the winding back of responsible themselves in a property for a long time.” prices so the market doesn't get over- lending, borrowers are taking out bigger inflated but I think at the moment, those loans and are buying properties with Josh Morrissey of Hive Property said rising house prices will continue and we more [money] in their back pocket.” that, should these low-rates remain, will see more records being achieved.” more suburb records will be broken. REIACT . Real Estate Voice . Issue 23 . April 2021 11
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INSURANCE LA NINA MIGHT BE OVER BUT IS IT BUSINESS AS USUAL? La Nina caused significant While this year has so far been relatively There is no question that businesses damage when it last made its tame in comparison, climate scientists have heard time and again about the have warned that natural disasters importance of preparing when disaster way to Australia in 2010-12 still pose a threat for Australian small strikes. But many still prefer to take a season. And while the 2020-21 businesses, including the flood-inducing chance - a choice that can leave them version of La Nina has likely La Nina climate pattern, which is likely far worse off when the unexpected to impact Queensland and the rest of comes to pass. reached its peak, the Bureau of eastern Australia. Meteorology says the impacts If your business is yet to draw up a La Nina caused significant damage protection plan in preparation for associated with the weather when it last made its way to Australia in extreme weather events, it's never too pattern, such as excessive 2010-12 season. And while the 2020-21 late to get started. For those who already rainfall, are expected to persist. version of La Nina has likely reached its have an existing plan in place, there peak, the Bureau of Meteorology says is no harm in regularly reviewing and This time last year, plumes of dark the impacts associated with the weather updating it to better reflect your current smoke covered Australia with pattern, such as excessive rainfall, are needs and the ever-changing landscape. bushfires sweeping across New South expected to persist across eastern and Wales, Victoria, South Australia, and northern parts of the country through to Even as we farewell summer, the Queensland. The Black Summer the end of summer and into autumn. weather dangers associated with resulted in more than $2.32 billion When it comes to potentially damaging the season are likely to linger in insurance payouts, with small and natural disasters, business owners around for longer. So, don't wait medium-sized businesses among the should seek advice on how best to until a catastrophe occurs to find hardest hit. This was further amplified manage risks and take practical steps to out you don't have the cover you by subsequent floods and hailstorms, prepare. This can help to avoid financial need in place to properly protect leading to the catastrophe insurance bill ruin in the case of a damaging weather your business. surpassing $6 billion. event, like a flood or cyclone. This starts Contact Coverforce today A report by The Australian Small with ensuring your business is equipped on 1300 503 503 or visit Business and Family Enterprise with a strong risk management plan, coverforce.com.au for tailored risk Ombudsman's sent shockwaves when it which factors in the need for adequate advice and the right insurance said that an alarming number of affected insurance that is tailored to your needs. program to protect your business businesses were either under-insured or and assets. had no insurance at all. REIACT . Real Estate Voice . Issue 23 . April 2021 13
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REEF REDUNDANCY ROAD MAP The fallout from the COVID-19 For a redundancy to be genuine, the pandemic has resulted in many following criteria must be met: real estate agencies asking • The role is no longer required to be performed by anyone due to changes questions of how to cope with in operational requirements; and business downturn and changes • The employer complied with its Bryan Wilcox in operational requirements. CEO of the Real Estate obligations set out in the relevant Employers' Federation What can I do when there’s award regarding consultation and no longer enough work to go redeployment opportunities. around? Is redundancy an option? And how do I safely CONSULTATION OBLIGATIONS navigate the redundancy Award obligations require an employer process? to consult with employees when redundancies are being considered and If you’re considering redundancy as these obligations apply to all businesses, an option, the most important thing to big or small. This consultation must remember is that it’s the position being occur as soon as possible and prior to made redundant, not the employee. any final decision being made about the A position is redundant where an positions. employer has reached the conclusion Consultation involves meeting with all that they no longer require someone employees who may be affected by any to perform that role in the future. The proposed redundancy. This is relatively duties of the redundant position will straightforward in circumstances where either disappear completely or will be the redundant position is singular within absorbed other existing positions. your business structure; for example, For example, an employer has where you only employ one Leasing decided to make the position of Agent in the agency. Bookkeeper redundant. Why? Because It becomes more complex, however, the bookkeeping function can be where there are multiple employees outsourced to a third- party supplier. performing similar roles; for example, Alternatively, it can be carried out by the where you have four residential Office Manager. salespeople. Let’s assume that you’ve Because it’s the position, not the made the decision to reduce your sales employee, being made redundant, it’s team from four to three salespeople. In dangerous to attempt to disguise the this situation, you are clearly making one termination of an under-performing position redundant. You need to discuss employee as a redundancy. If you this situation with all four members do, the risk of litigation increases of the sales team before deciding significantly. which salesperson will be chosen for retrenchment. REIACT . Real Estate Voice . Issue 23 . April 2021 15
If you’re considering redundancy as an option, the most important thing to remember is that it’s the position being made redundant, not the employee So, what does the consultation process opening in the business that the involve? retrenched employee is qualified If you’re a member of REEF and to perform, and you fail to consider are considering redundancy, we them for the position. HERE ARE THE STEPS: strongly encourage you to call the 5. Once you’ve undertaken the initial REEF helpline on 1300 616 170 1. Give notice in writing of the proposed consultation and considered before you commence any action. changes to all affected employees. feedback, you should make a definite decision and inform affected 2. As soon as practicable, discuss employees. If your agency employs Our Workplace Relations Advisors with the affected employees how 15 or more employees at the time of will step you through the process the proposed changes are likely to implementing the redundancy, keep from beginning to end. impact them and any measures in mind that there are likely to be being considered to mitigate that The Real Estate Employer’s redundancy pay obligations that need impact. This includes discussing the Federation (REEF) is the real to be met. nature of what is being proposed and estate industry’s leading not-for- the key reasons for consideration of Failure to meet your consultation profit employer and workplace such proposals. obligations will leave your business relations advisory association. It exposed to a claim that the employee’s has more than 1700 members 3. Seek feedback from the affected termination was not a case of genuine and subscribers across Australia. employees on the proposals and give redundancy and that it was unfair. Each year, REEF receives their feedback due consideration. more than 20,000 calls from The redundancy process is complicated 4. Consider whether there are any real estate employers needing and a potential minefield for employers. suitable redeployment options to help and guidance on matters Employers should therefore always other vacant positions within the affecting the employment seek professional advice about their agency. While this is unlikely to relationship. redundancy obligations. be the case, legal difficulties will For more information about arise where there is an employment joining, go to www.reef.org.au or call 1300 616 170. 16 REIACT . Real Estate Voice . Issue 23 . April 2021
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REIA REAL ESTATE INDUSTRY SET FOR STELLAR YEAR According to our REMF, the December motivated by low interest rates and the quarter 2020, showed the weighted range of first-home buyer incentives on average capital city median price for both offer. houses and other dwellings increased Seeing this trend in conversion to home in the Australian residential property ownership is particularly great news market. given the challenges many tenants Adrian Kelly The weighted average capital city median and investors faced over the pandemic REIA President price increased by 6.0% for houses and however surging house prices could by 0.9% for other dwellings. see housing affordability obliterated unless measures to improve supply are The weighted average median house implemented. This particularly applies to price for the eight capital cities increased regional parts of Australia. to $825,205. The proportion of income required to At $1,211,488, Sydney’s median meet loan repayments increased to After a near-apocalyptic year, house price continues to be the highest 34.8% or 0.9 percentage points.” amongst the capital cities, 46.8% higher the real estate industry is once than the national average. The measure for housing affordability again open for business and – the proportion of income required to Perth has the lowest median house moving into a better future. The meet loan repayments – ranged from price across Australian capital cities at year has kicked off with some an increase of 0.1 percentage points in $490,000. Canberra’s housing price rose Victoria to an increase of 2.3 percentage big news making the headlines. by 2% to a median of $750,000 with points in New South Wales. other dwellings rising to $560,000. REIA recently announced a unique new Over the December quarter, housing Of course, the strong growth has sponsorship agreement with Australia’s affordability declined in the Australian impacted housing affordability. The latest #1 address in property, realestate.com.au Capital Territory with the proportion of HAR shows that housing affordability income required to meet home loan The affiliation of the two key industry in Australia declined nationally in the repayments increasing to 23.7%, an leaders represents an exciting phase for December quarter 2020 although, increase of 1.6 percentage points over both the REIA and realestate.com.au who overall it improved over the year by 0.7 the quarter and an increase of 1.0 will be utilising and expanding on each percentage points. percentage points over the past year. entity’s strengths. The decline in affordability is largely New South Wales is the least affordable We’re predicting that it’s going to be a big attributable to higher house prices and state, where the proportion of income year for Australia’s housing sector which larger loans. required to meet loan repayments is has already enjoyed immediate recovery The market defied the doomsday 44.6%. with median house prices rising across predictions with median house prices the country. The Northern Territory is the most rising across the country in 2020 with affordable with the proportion of income REIA has just produced our quarterly demand driven mostly from first home required to meet loan repayments Real Estate Market Facts (REMF) and buyers. 21.9%. It is now more affordable to buy Housing Affordability Report (HAR) Australian first home buyers increased than rent in the Northern Territory,” he which show just how resilient Australian their market share by 50.4% over 2020, said. real estate has been. 18 REIACT . Real Estate Voice . Issue 22 23 . December April 2021 2020
ACAT CHANGES TO RENTAL BOND AND SECURITY DEPOSIT DISPUTES AT ACAT Kristy Carter or grantor wants the bond or security Referrals from ACT Rental Bonds only Registrar, ACT Civil and deposit distributed, and why. give ACAT the power to make orders Administrative Tribunal (ACAT) about the bond or security deposit If agreement is reached at the dispute. conference, ACAT will make orders about the disbursement of the bond or security If the claim is for more than the bond or deposit. ACT Rental Bonds will then security deposit, the lessor or grantor will disburse the bond or security deposit. need to complete and lodge a residential tenancy dispute application. There is a If there is no agreement, the matter will fee for this application (except in special be scheduled for hearing and ACAT circumstances). The tenant or occupant will make directions giving each party a Recent changes to the law will then be asked to complete and lodge timetable to prepare for the hearing. The a response to the application. have meant some changes directions may require: to the way the ACT Civil and On the day of the hearing an ACAT • the lessor or grantor to complete a Member will consider all of the Administrative Tribunal (ACAT) Rental Bond Claim form and give it to documents lodged by the parties, and handles referrals from ACT the tenant and ACAT. There is no fee may hear from the parties and their for this document. Rental Bonds about rental witnesses. The ACAT member will bonds and security deposits. • the tenant or occupant to complete a usually make a decision at the end of the Rental Bond Claim Response and give hearing, or reserve the decision and give If there is a disagreement about the it to the lessor and the ACAT. There is it later. distribution of a rental bond or security no fee for this document. You can find more information, and links deposit which is referred to ACAT, ACAT • all parties to provide supporting to the forms and other documents, on the will list the dispute for a conference. At documents, which may include the ACAT website: least seven days before the conference, lease or occupancy agreement, in- the lessor or grantor must provide a list https://www.acat.act.gov.au/case-types/ going and outgoing condition reports, of claims which shows how the lessor rental-disputes/rental-bond-disputes. quotes, invoices, receipts, a timeline and/or witness statements. REIACT . Real Estate Voice . Issue 23 . April 2021 19
To assist in obtaining quicker and more efficient outcomes the ACAT has made changes to the endorsement application process UPDATE ON ACAT ENDORSEMENT APPLICATIONS the ACAT has made changes to the parties. Only clauses that clearly form endorsement application process, part of the signed agreement can be including: considered for endorsement. • Parties are no longer required to • Make sure the application for provide a ‘proforma for endorsement’ endorsement: (a draft ACAT order). + shows the name of the lessor and During the COVID-19 • Generally, applications will be tenant and each party’s contact pandemic, processing of considered by an ACAT member in details; applications for endorsement chambers within a month of filing. + is signed by the lessor (or their of inconsistent terms was • If the ACAT member has questions representative) and tenant; delayed due to staffing about the application, it will be listed + attaches a copy of the tenancy for a short (15 minute) telephone constraints at the ACT Civil and agreement; hearing. Administrative Tribunal (ACAT). + specifies (by number) the clauses A shorter, simpler endorsement This has led to a backlog of which are to be endorsed. application form is being developed. endorsement applications which Parties can continue to use the current • If the application is made by an is still being worked through. application form until the new form is agent on behalf of a lessor, ensure a available. Power of Attorney or Authority to Act ACAT recognises that where a tenant and for a Corporation is lodged with the Things that agents can do to assist in lessor enter into a tenancy agreement application for endorsement. an application for endorsement being which is different to the prescribed determined quickly include: More information about applications for terms, they will need to know as soon as endorsement is on the ACAT website possible which clauses of the agreement • Make sure the residential tenancy here: https://www.acat.act.gov.au/case- will be binding. To assist in obtaining agreement has every clause types/rental-disputes/endorsements. quicker and more efficient outcomes numbered and is signed by the . 20 REIACT . Real Estate Voice . Issue 23 . April 2021
Many women take an average of five years out of the workforce to care for children or family members, which can cause their super savings to stagnate and begin to fall behind WHAT IS THE GENDER SUPER GAP? women to accrue sufficient savings for a WHY IS THE SUPERANNUATION GAP comfortable retirement. SO LARGE? An estimated 220,000 women miss As we are reminded in the media, there out on $125 million of superannuation still remains to be a gender inequality contributions as they do not meet the when it comes to full-time earnings, with requirement to earn $450 per month Did you know that more than 80 women earning 18% less than men.~ (before tax) from one employer, as many This results in further disparity when women work more than one part-time per cent of women are currently it comes to employer superannuation job.~ retiring with insufficient contributions, known as super superannuation savings to fund guarantee. Currently, employees receive a comfortable lifestyle? In fact, a super guarantee contribution of 9.5% THE FUTURE OF THE WORKING the average superannuation of their total salary earnings. If women ENVIRONMENT are already earning 18% less than men, account balance for women this gap is also transferred over to their REI Super’s insurance provider MetLife’s when they retire is around super earned by employers. Employee Benefit Trends Study 2020 investigates the changing face of $80,000 less than the average Many women take an average of five the Australian workplace landscape. for men*. years out of the workforce to care for Understanding how to improve children or family members, which can employee wellbeing is key to helping There are a number of reasons why cause their super savings to stagnate employers navigate this new work-life the super gap is so large, but it doesn’t and begin to fall behind.~ reality. The study highlights that while have to be this way. By taking control of personal finances and pursuing greater When women return to work, they are employers are prioritising the mental financial independence, this may help more likely to be in part-time or low-paid aspect of their employee wellbeing, right women feel more confident to enjoy employment. There are an estimated now, financial health is the top concern financial wellbeing today as well as in 43% of women in part-time work.~ for employees, and plays an especially retirement. The current 9.5% Superannuation important role in their overall wellbeing, Guarantee does not enable most and mental health in particular. REIACT . Real Estate Voice . Issue 23 . April 2021 21
SUPERANNUATION With many working remotely throughout Get the app in three easy steps 2020, it’s to be seen that employers 1. Set up your online account at are starting to adopt a position in reisuper.com.au which roles can continue to be worked remotely and flexibly, which could 2. Download the mobile app from the benefit women in the workforce who App Store or Google Play. have family or caring responsibilities. 3. Login with the username and Some employers are also offering password from your online account. expanded parental leave schemes. Learn more about Women and Super These types of workplace changes will at www.reisuper.com.au/women-and- help create a positive culture, where super employees can confidently feel they can access these types of initiatives to * https://www.superguru.com.au/about-super/ maintain a work-life balance, increase women-and-super productivity and not compromise their ~ https://www.womeninsuper.com.au/content/the- careers and finances, thus alleviating a facts-about-women-and-super/gjumzs superannuation gap. Disclaimer: The information contained in this article does not constitute financial product advice. However, to the extent that the WHAT NEXT? information may be considered to be general financial product advice, REI Super advises that Take control of your finances by REI Super has not considered any individual following our simple steps and join our person’s objectives, financial situation or particular needs. Individuals need to consider community of financially empowered whether the advice is appropriate in light of women in real estate. It’s easy to get their goals, objectives and current situation. started. Members should obtain and read the Product Disclosure Statement for REI Super before making any decisions. REI Superannuation Fund Pty Ltd ABN 68 056 044 770 AFSL 240569. MANAGE YOUR SUPER, ANYTIME, RSE L 0000314 REI Super ABN 76 641 658 ANYWHERE 449 RSE R1000412 MySuper unique identifier 76641658449129. January 2021. Staying on top of your REI Super account is now even easier using the new mobile app. 22 REIACT . Real Estate Voice . Issue 23 . April 2021
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Landlords, while recognising there are inherent risks associated with having pets in their property are also recognising the benefits to having pets at their property 24 REIACT . Real Estate Voice . Issue 23 . April 2021
MANAGEMENT PROPERTY MINIMISING RISK FOR PET-FRIENDLY PROPERTIES pet) will look at the property and treat it OBTAIN LANDLORD INSURANCE with respect. Landlord insurance policies across the Reference checks should include follow industry vary in their coverage for pet up with the tenants’ previous landlord damage. or agent. Sarah Barton Pets are no longer required to be named on the lease agreement for properties Terri Scheer Insurance Distribution PET PROOF insured by Terri Scheer in order for the Channel Manager Pet-proofing a property can help landlord to make a pet damage claim. alleviate a landlord’s fear of pet damage. Do your research and find a tailored Pet-proofing can include installing landlord insurance policy that’s right for animal runs to enclose cats and dogs to you. specific areas of the home or replacing For further information, visit carpets with tiles and floorboards which www.terrischeer.com.au or call are easier to maintain. 1800 804 016. Media contact: Corporate Conversation, RELATIONSHIP WITH TENANT 08 8224 3535 Allowing pets to be housed in Maintaining a good relationship with your a rental property is a major tenant is a must and may mean a tenant Editor’s note decision for landlords and their will pay greater attention to detail when it About Terri Scheer Insurance property managers. comes to cleanliness of the property and Terri Scheer Insurance Pty Ltd ABN 76 070 874 take greater care with their pets also. 798 (Terri Scheer) provides insurance cover for Under legislation in the ACT, tenants landlords, helping to protect them against the can keep pets at the property with the Additionally, a tenant with a good risks associated with owning a rental property. These include malicious damage by tenants, consent of landlords. relationship with their landlord or accidental damage, landlord’s legal liability and property manager may feel more loss of rental income. Terri Scheer acts on behalf Landlords, while recognising there are comfortable raising any issues regarding of AAI Limited ABN 48 005 297 807 AFSL inherent risks associated with having pets 230859 trading as ‘Vero Insurance’, the insurer housing pets, allowing them to be which issues the insurance cover. Terri Scheer has in their property are also recognising the addressed sooner rather than later. not taken into account the reader’s objectives, benefits to having pets at their property financial situation or needs. If you are interested in any of Terri Scheer’s insurance products, the – including that tenants who find a pet-friendly rental property may choose to REGULAR PROPERTY INSPECTIONS relevant Product Disclosure Statement should be considered first. It can be viewed online at sign longer leases knowing they can keep www.terrischeer.com.au or obtained by calling Scheduling more regular property 1800 804 016. Based in Adelaide, Terri Scheer their beloved animal. services all states, territories and capital cities. inspections is a good opportunity for There’s a number of ways property a property manager to build a better Disclaimer managers can help make their landlord’s relationship with a tenant at the start The information contained in this article is property pet-friendly and minimise intended to be of a general nature only. Terri of a tenancy but also assess how the Scheer does not accept any legal responsibility for potential risks. property is being looked after by the any loss incurred as a result of reliance upon it. tenant and their pet. Insurance issued by Vero Insurance. Read the Product Disclosure Statement before buying this SCREEN TENANTS Property managers should check for insurance and consider whether it is right for you. Contact Terri Scheer on 1800 804 016 or visit our signs of any potential damage including website at www.terrischeer.com.au for a copy. Screening tenants is an important part of soiled carpets, claw or teeth marks on a property manager’s role and can help walls and door frames, and damage to determine if a tenant (and the tenant’s gardens and exterior fences. REIACT . Real Estate Voice . Issue 23 . April 2021 25
REIA MARKET FACTS - DECEMBER QUARTER 2020 “Australian first home buyers increased “The Northern Territory is the most their market share by 50.4% over 2020, affordable with the proportion of income motivated by low interest rates and the required to meet loan repayments range of first-home buyer incentives on 21.9%. It is now more affordable to buy offer.” than rent in the Northern Territory,” he said. COVID-19 PANDEMIC “Seeing this trend in conversion to home ownership is particularly great Mr Kelly said rental affordability over the SEES FIRST HOME BUYERS news given the challenges many tenants quarter declined, with the proportion of INCREASE MARKET SHARE and investors faced over the pandemic however surging house prices could income required to meet rent payments increasing to 24.0%. BY 50.4% see housing affordability obliterated “Rental affordability declined by 0.2 unless measures to improve supply are Real Estate Institute of Australia’s percentage points over the quarter but implemented. This particularly applies to (REIA) latest Housing Affordability increase of 0.4 percentage points over regional parts of Australia.” Report (HAR) shows that housing the past 12 months nationally.” affordability in Australia declined Mr Kelly said the proportion of income “Tasmania is now the least affordable nationally in the December quarter required to meet loan repayments state to rent with the proportion of income 2020 although, overall it improved over increased to 34.8% or 0.9 percentage required to meet rent repayments now a the year by 0.7 percentage points. points.” staggering 29.5%, 5.5 percentage points REIA President, Adrian Kelly said that “The measure for housing affordability higher than the national level.” the decline in affordability is largely – the proportion of income required to “Western Australia is the most affordable, attributable to higher house prices and meet loan repayments – ranged from despite the proportion of income required larger loans. an increase of 0.1 percentage points in to meet median rents increasing to Victoria to an increase of 2.3 percentage “The market defied the doomsday 17.8%,” he said. points in New South Wales. predictions with median house prices Subscriptions to HAR, and the underlying rising across the country in 2020 with “New South Wales is the least affordable data, can be purchased from https://reia. demand driven mostly from first home state, where the proportion of income asn.au/research/reia-data-har/ buyers. required to meet loan repayments is 44.6%. 26 REIACT . Real Estate Voice . Issue 23 . April 2021
REIA “At $490,000 Perth has the lowest “Darwin had the largest increase over the REIA REPORTS A RISE IN median house price across Australian quarter (6.6%). HOUSING AND RENTAL capital cities, 40.6% lower than the “In the 12 months to the December national average. Over the 12 months PRICES ACROSS MOST OF to the December quarter, the weighted quarter, the median rent for 2-bedroom other dwellings increased in Brisbane, AUSTRALIA average capital city median house price increased by 6.6%. Adelaide, Perth, Hobart, Canberra and Darwin but decreased in Sydney and Real Estate Institute of Australia’s “Other dwelling sales In the December Melbourne,” Mr Kelly said. latest report, Real Estate Market Facts quarter 2020, the weighted average found that in the December quarter To order a copy, go to this link: https:// median price for other dwellings for 2020, the weighted average capital city reia.asn.au/product/reia-reports- the eight capital cities increased to median price for both houses and other subscription-remf/ $601,345, a quarterly increase of 0.9%. dwellings increased in the Australian For any further information please residential property market. “Over the quarter, the median price for contact: other dwellings increased in all capital Real Estate Institute of Australia’s latest cities except Adelaide. Over the 12 Olwyn Conrau, REIA Media Consultant, report, Real Estate Market Facts found months to the December quarter, the T: 0413 600 350 that in the December quarter 2020, the weighted average capital city median E: olwyn.conrau@reia.com.au weighted average capital city median price for other dwellings increased by price for both houses and other dwellings 0.6%,” he said. increased in the Australian residential According to Mr Kelly, house rents In About the Real Estate Institute property market. the December quarter, the median rent of Australia REIA President, Adrian Kelly said the for 3-bedroom houses increased in Established in 1924, REIA is a weighted average capital city median Brisbane, Adelaide, Perth, Canberra and federated body of State & Territory price increased by 6.0% for houses and Darwin and remained steady in Sydney, Real Estate Institutes representing by 0.9% for other dwellings. Melbourne and Hobart. 85% of Australian real estate “The weighted average median house “Over the past 12 months, the median agencies. We are a national price for the eight capital cities increased rent increased in all capital cities except advocate for the Australian to $825,205. Over the quarter, the for Melbourne and Hobart where it real estate industry which is median house price increased in all remained steady. made up of 46,793 Australian capital cities. businesses that employs 133,360 “Other dwelling rents During the quarter, Australians. “At $1,211,488, Sydney’s median the median rent for 2-bedroom other house price continues to be the highest dwellings increased in Perth, Canberra For more information visit amongst the capital cities, 46.8% higher and Darwin, remained steady in Brisbane www.reia.asn.au than the national average. and Hobart but decreased in Sydney, Melbourne and Adelaide. REIACT . Real Estate Voice . Issue 23 . April 2021 27
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ACTSMART FREE SUPPORT TO CUT ENERGY COSTS The ACT Government’s Actsmart Help for tenants program helps businesses and households in the ACT to save energy • Actsmart offers renters in the ACT and water. We can help your business free home energy assessments and and the residential property owners and energy-saving materials - see www. tenants you work with to reduce energy actsmart.act.gov.au/renter-hea or and water bills. Small steps can achieve email ActsmartAdvice@act.gov.au. big savings. • People can do their own free home Here’s how to find out more about the energy assessment with a new advice, support and rebates on offer. online tool tailored for renters in the Canberra region, by visiting https:// actsmart-hea.com.au. This tool Free energy efficiency advice for can also be used by rental property everyone owners and homeowners. • Find information, videos and webinars on ways to save energy and Help for businesses costs, and how to make your home or business more sustainable by visiting • Rebates are available to eligible ACT www.actsmart.act.gov.au. businesses wanting to upgrade to more water-efficient and energy- efficient technologies. This includes Help for residential property owners lighting, hot water systems, heating • For technical advice on ways to save or cooling, refrigeration, insulation, energy, ACT residents can call the toilets and tapware. Actsmart Sustainable Home Advice • To find out more, email line on 1300 141 77, Monday businessenergy@act.gov.au, call 13 to Friday, 9am to 5pm, or email 22 81 or visit https://www.actsmart. ActsmartAdvice@act.gov.au. act.gov.au/what-can-i-do/business/ • The Actsmart Sustainable Home business-energy-and-water-program. Advice Program also runs free By taking action you can keep warmer in webinars on home energy efficiency winter, cooler in summer and keep your that are recorded and available online costs down. Take the first step today to at www.actsmart.act.gov.au. feel the benefits all year. REIACT . Real Estate Voice . Issue 23 . April 2021 29
PRACTICAL TIPS AND GOOD THINGS TO KNOW WHEN ATTENDING AND BIDDING AT ACT AUCTIONS During these moments of high tension, "Registering a bidder after the auction auctioneers and agents can display has commenced" varying degrees of understanding. At You can register a bidder after the such times, or when the unexpected auction has commenced. The bidder will or unplanned happens, it pays to be need to provide suitable ID and confirm aware of what may be happening or not Peter Walker they have read the contract for sale and happening as is required by legislation. will pay the agreed deposit. The following are a few shared thoughts As the selling agent, you indicate to the and ideas for your greater understanding vendor that you will not register a bidder of the terms and conditions governing after the auction has commenced, it the conduct of auctions in the ACT. With auctions being more can only be with the vendor’s approval that they don't register the prospective commonplace, nowadays in "The auctioneer must identify and bidder/s. A prospective bidder who has the ACT, high levels of buyer announce the bidder number when proof of ID, has read the contract for confidence in property have accepting a bid" sale and can prove they can pay the prompted more spirited bidding required deposit is entitled to register The auctioneer must announce the and bid under auction conditions. at these auctions. In these bidder number when accepting the situations, bidders are often bid. This is mandatory and is always required. Why? it ensures accountability “Understanding the terms and feeling rushed when seeing to afterwards and ALSO identifies who has conditions of an ACT auction” make critical decisions. Please this bid. With multiple bidders attending While it may not seem important, just consider the following to help auctions, they need to know if their bid like the instructions to any new device you understand the process has been the one accepted or whether or gadget, best practice is to encourage it's a bid accepted from someone else more fully and maybe feel more your bidders to understand the terms who is in the auctioneer's same line of and conditions of auction to ensure that confident during these pressure sight. they are bidding with confidence on the moments. day of auction. 30 REIACT . Real Estate Voice . Issue 23 . April 2021
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