Privacy protections – proposed reforms
The Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Bill 2024 proposes reforms to strengthen renters’ rights and stabilise rents. The Bill is not yet law and has been referred to the Housing, Big Build and Manufacturing Parliamentary Committee for consideration.
Extending entry notice periods
Renters have a right to quiet enjoyment of their rental property. Under the current Residential Tenancies and Rooming Accommodation Act 2008, rental property owners and property managers are required to give 24 hours’ notice for entries other than for general inspections, to meet safety requirements or in an emergency.
The Bill proposes to increase this notice period from 24 to 48 hours. The notice period for entry to rooming accommodation for cleaning will remain 24 hours.
This change will:
- protect renters’ privacy
- support their right to quiet enjoyment of the rental property
- give them additional time to arrange to be present during entry if required.
The reform strikes a balance between a renter’s privacy and a property manager’s need to access the property to help manage the investment.
Limiting entry at the end of a tenancy
Rental property owners and property managers are allowed to enter rental properties at the end of a tenancy to show the property to prospective renters or buyers and organise trades people to do maintenance on the rental property. However, excessive entries can interfere with the existing renter’s right to quiet enjoyment.
The Bill proposes to limit rental property owners and managers to no more than 2 entries every 7 days after they have given renters a Notice to Leave or renters have given a Notice of Intention to Leave.
This limit will apply unless entry is required to repair smoke alarms or safety switches, for emergencies, or a renter agrees to more frequent entry.
This change aims to minimise disruptions for vacating renters at the end of their tenancy, while ensuring rental property owners and managers have necessary access to the property.
Applying for a rental
Under current rental laws, rental property owners and property managers can request a large amount of personal information from rental applicants.
The Bill proposes to require rental property owners and property managers to use an approved rental application form that will standardise the information that they can collect to:
- name and contact details
- previous tenancies
- current employment
- income
- referees
- intended tenancy term.
Additionally, rental property owners and property managers will be able to request no more than 2 supporting documents from each of these categories:
- identity
- financial ability to pay rent
- suitability for the tenancy.
It will also be an offence for rental property owners and property managers to request certain information, including legal action taken by prospective renters and their rental bond history.
Applicants must be given at least 2 ways of submitting their form.
These changes will protect rental applicants’ privacy by standardising the personal information that rental property owners and property managers can collect. A prescribed application form will also drive consistency and fairness in the rental application process.
Protecting identity documents
Under current rental laws, rental property owners and property managers can ask rental applicants to provide electronic copies of identity documents. The Bill proposes amendments to:
- allow renters to provide their identity documents for sighting
- provide that rental property owners and managers must not keep copies unless the renter consents.
This change will protect renters’ privacy and reduce the risk of identity theft in the event of a data breach.
Secure storage and disposal of renters’ personal information
Renters expect rental property owners and managers to collect, handle, store and dispose of their personal information appropriately.
The Bill proposes that rental property owners and managers may collect or access personal information about renters (including photographs of personal belongings) only to:
- assess their suitability for the property during the rental application process
- manage the property once a tenancy has commenced.
They will be required to securely store and destroy the information in a secure way within:
- 3 months for unsuccessful rental applicants
- 3 years after the end of a tenancy agreement.