The Sydney rental market has been tough for landlords – especially over the last 12 months. But that shouldn’t mean your property remains vacant for weeks or months at a time. Instead, it calls for a more responsive approach to the concerns of tenants and what they are looking for.
Here are our 5 tips for landlords to ensure rental success.
Tip 1: Critically evaluate your investment property
It can be hard to be objective about your own property but in a competitive market, it’s a vital step because it’s what every prospective tenant is doing.
General appearance and maintenance issues such as peeling paint, bold paint colours, weeds in the garden and aging appliances will each negatively impact a prospective tenant’s first impression of your property. If you want to attract good tenants, you need to invest in property maintenance and upkeep. The good news is, these things are often tax deductible against your rental income.
Tip 2: Look at your numbers!
What’s better – a slightly lower rent than you’d like or no rent at all? As a landlord, this is the question you need to ask yourself. Of course higher rents mean more income for you. However, if properties aren’t achieving the same rents as before due to things like a sluggish economy, then surely considering a lower weekly rental income is better than none at all.
The property market has peaks and troughs so accepting a lower rent now doesn’t mean it will be low forever. It may simply be for a year or 2. In the meantime, the overall value of your investment property should continue to increase – helping you achieve your medium-long term financial goals.
Tip 3: Look after your existing tenants
Having a property manager who is responsive to your tenant’s enquiries along with prompt attention to any maintenance concerns, will make it much easier to keep your existing tenant when it’s time to renew their lease.
With rental prices dropping in some areas of Sydney, you may need to consider a rental reduction instead of a rental increase at renewal time. But remember, keeping good tenants is far better for your hip pocket than an empty investment property for weeks or months at a time!
Tip 4 – For landlords managing their own property: Know the legislation!
Over the last 12 months, there have been many changes to the Tenancy Act – especially in light of COVID-19.
Tenants are often highly knowledgeable about their rights so it’s easy to find yourself with a tricky situation if you don’t follow the regulations to the letter. In addition, it’s expected there will be further changes to the legislation as the economic effects of COVID-19 continue. Keeping up-to-date with these changes can be challenging so perhaps it’s time to consider engaging a property manager to help you.
Tip 5: Evaluate your property manager
Both tenants and landlords need to have a close working relationship with the property manager. A good property manager should be a landlord’s advisor and the tenant’s mentor on how to care for your investment property.
In sluggish markets, your property manager also needs to be innovative; finding new ways to attract and retain great tenants. So how is your current property manager responding to your calls or the concerns of your tenants? The answer to this question could really determine the income you can expect from your investment property over the next 12 months.
Is it time to look at your options?
If you haven’t used a property manager before, or if you would like a second opinion about how your investment should be managed, talk to Brigitte Stills. With over 35 years’ property management experience, she’s seen every type of market fluctuation.
With all that experience, she knows how to make a property stand out as well as how to evaluate and select the right tenant. To explore your options, contact Brigitte from Stills Properties on 1300 091 638 or email propertymanager@stillsproperties.com.au
Keep your eyes on your goals … The Sydney property market is improving!
Investing in property should be considered a medium to long-term investment. The market will go up and down over the years, but a well-positioned and maintained investment property should appreciate in value while your tenants help to repay your mortgage.
However, when the rental market is tough for landlords, it can be tempting to consider selling your investment property. But don’t lose sight of your goals by focusing on short-term fears.
Here are some factors to consider:
According to the latest figures from CoreLogic, Sydney property prices are on the rise so if you sell your rental property now, you may have trouble re-entering the market later.
While rents have decreased, properties located in highly sort after areas have been minimally impacted.
Quality returns require quality properties
Carefully selecting an investment property is the key to weathering the ups and downs of the property market. Already, high quality rental properties are seeing an upturn in their overall value and are attracting good quality tenants. That’s why at Stills Properties, we offer complementary, pre-purchase investment inspections to help our landlords make wise rental property investments.
“Average” investment properties may see a slight reduction in overall value and lower rents for a little longer. As a landlord, it’s important to see this in context because it’s still better to have a good tenant paying less rent. The alternative is having an empty property and searching for a new tenant who is unlikely to pay any more than the existing one.
Here’s the good news. The Sydney vacancy rate is changing and some commentators expect the market to improve within the next 12 months. So if your investment property is vacant at the moment, consider investing in upgrades. It will make your property more attractive to good quality tenants.
The secret to success … Appreciate your tenants
Everyone likes to feel appreciated and heard. It’s the same with tenants. Successful landlords attract long term tenants by:
Acting promptly when maintenance issues arise
Engaging attentive property managers who speak with tenants and listen to their concerns
Ensuring repairs and upgrades to the property occur on a regular basis because they increase the value and desirability of their rental property
Brigitte from Stills Properties has been a property manager for over 35 years. In that time she’s seen Sydney’s rental market go up and down. But the one constant that never changes is the care and attention she gives both landlords and tenants. That’s why she’s been in the industry for so long.
The NSW Government is introducing an interim 60-day stop on landlords seeking to evict tenants due to rental arrears as a result of COVID-19, together with longer six month restrictions on rental arrears evictions for those financially disadvantaged by COVID-19.
New measures Coronavirus (COVID-19) has already had a significant impact on the economy, meaning some tenants are having difficulty keeping up with rent payments. The NSW government is introducing measures to help landlords and tenants work together. The new measures include an interim 60 day stop on landlords issuing termination notices or applying for NSW Civil and Administrative Tribunal (the Tribunal) eviction orders due to rental arrears, where tenants are financially disadvantaged by COVID-19.
“This will allow time for Government financial support to reach those who need it and limit social movement in order to minimise public health risks during the COVID-19 pandemic.”
A landlord is required to negotiate a rent reduction with the tenant in good faith in the first instance, and can only seek to give a termination notice or apply for an eviction after the interim 60-day stop if it is fair and reasonable in the circumstances of the specific case.
Fair Trading will be able to assist landlords and tenants try to reach an agreement if needed.
Along with these restrictions on evictions for rental arrears, the Government will be extending the notice periods for certain other lease termination reasons to 90 days. At any time during the 60 day stop and the longer six month restrictions, landlords can still apply to the Tribunal at any time to take possession of a property if they are suffering undue hardship.
Eligibility To meet the requirements for 60 day stop on evictions and the longer six month restrictions, a household needs to demonstrate they are impacted by COVID-19. A household is COVID-19 impacted if:
1. one or more rent-paying members of a household have lost employment or income (or had a reduction in employment or income) due to COVID-19 business closures or stand-downs, or
2. one or more rent-paying members of a household have had to stop working or reduce work hours due to illness with COVID-19 or due to COVID-19 carer responsibilities for household or family members, and
3. the above factors result in a household income (inclusive of any government assistance) that is reduced by 25% or more.
Important All tenants who are not impacted by COVID-19 are expected to honour their existing tenancy agreements including paying all rent and charges in full.
Flowcharts To understand how the ban on evictions due to COVID-19 may affect your tenancy, see the first flowchart. If you are a landlord and you want to understand how the new measures affect all types of residential tenancy terminations, use the second flowchart. Flowchart: Can a tenancy be terminated during COVID-19 Flowchart for landlords – termination of tenancy options Template letters For tenants We have created a template letter for tenants to help them when approaching landlords to request rent reduction. We have also created an example. To help with your request, your letter should also include:
1. your original household income 2. your change in circumstances due to COVID-19 and how this has impacted on your household income 3. the rent payment you would be able to meet under your new household income 4. any income support you receive
For landlords when responding to a tenant All landlords must be prepared to negotiate rent payments with tenants experiencing financial hardship due to the COVID-19.
To help you, we have created a template you can use when responding to rent reduction requests. We have also created an example. Your response letter should also include:
1. your financial situation – be open and honest about your financial situation, including whether you rely on the rental income to cover mortgage repayments or other expenses.
2. your conversations with your lender – outline the result of conversations you’ve had with your lender about waiving or reducing your own mortgage repayments.
3. the rent payment that you would be able to accept
4. clarify whether the rent payment loss (arrears) will be waived or repaid
For landlords when talking to their financial institution Landlords are encouraged to approach their financial institutions to seek a mortgage freeze or reduced repayments as part of the negotiation discussions with their tenant/s. We have created a template you can use when approaching your lender. We have also created an example.
Your letter should include:
1. your financial situation be open and honest about your financial status if you rely on the income from your rental property to help pay for the mortgage, and are negotiating with your tenant about rent payment, this should be outlined and evidenced in your request.
2. the mortgage waiver or reduced payment you are seeking until you or your tenant resumes normal employment arrangements.
3. clarify whether your rental payment losses (arrears) will be waived or repaid under a repayment plan with your tenant once the COVID-19 emergency is over
Can a tenant and landlord still end a tenancy if they agree? Yes. A tenant and landlord can agree to end a tenancy and decide when and how this is to happen.
What proof does a tenant need to show they are impacted by COVID-19? The tenant can provide simple documents to show that they are impacted by COVID-19, for example: proof of job termination/stand-down, or loss of work hours proof of Government income support proof of prior income.
What do the changes mean for tenants who are impacted by COVID-19? The new rules put an immediate 60 day stop on termination notices and Tribunal applications for terminations based on rental arrears where a tenant is unable to meet their rental obligations due to being impacted by COVID-19.
This will allow time for tenants to receive Government income support and for landlords to negotiate a reduction or waiver of mortgage repayments with their lender.
It will also allow time for tenants and landlords to negotiate possible reductions in rent if needed. A dispute resolution process is available through NSW Fair Trading if no agreement can be reached or where the landlord or tenant would prefer to use this option.
Does the tenant need to pay back the rental arrears or will the amount be waived? The amount of rent arrears accrued by a tenant who has negotiated reduced rent will not automatically be waived. Whether rental arrears will be waived is subject to negotiation between the tenant and the landlord (with assistance from Fair Trading’s dispute resolution process as required).
Are sub-tenants covered by the stop on evictions? The stop on evictions applies to sub-tenants who are unable to meet their rental obligations and who are covered by the Residential Tenancies Act 2010. These are tenants where the property is subject to a written residential tenancy agreement and:
are a sub-tenant under a written residential tenancy agreement with the tenant named in the main tenancy agreement, or
a tenant under the main written tenancy agreement has transferred the tenancy to them.
Can I still end my tenancy using the required notice periods and not negotiate with my landlord? Yes. Tenants who do not wish to stay in their premises can terminate using the existing notice period required for their specific agreement. Tenants seeking to end a fixed term agreement early may be required to pay break fees under their agreement. Details about ending a fixed term agreement early are outlined on the Fair Trading website.
Why are we not protected from eviction for six months as was announced following the National Cabinet meeting recently? The package announced is designed to support tenancies to continue wherever possible. The new laws will provide a six month moratorium on landlords giving termination notices, or making applications for forced evictions, due to rental arrears for tenants who are impacted by COVID-19, provided both parties seek to find a mutually workable solution.
The new laws allow landlords, after the 60-day stop, to seek to terminate a COVID-19 impacted tenancies for rental arrears but this can only occur if they have tried to negotiate a rent reduction with the tenant in good faith and seeking a termination is fair and reasonable in the circumstances of the specific case.
What if the landlord refuses to negotiate and we can’t reach an agreement? The landlord and tenant should both attempt in good faith to negotiate a reduction in rent.
NSW Fair Trading provides a dispute resolution process that landlords and tenants can use if they can’t reach an agreement themselves. Fair Trading will request evidence from the tenant about their previous income and current income from all sources, including any Government income support. Information will also be sought about any application the tenant has made for income support.
Tenants need to have an idea of how much rent they can pay when considering negotiations. Fair Trading will then contact the landlord to seek a mutual agreement on a temporary arrangement for the payment of rent.
Is income calculated before or after tax? When determining whether a tenant meets the COVID-19 impact test, the income received is the money coming into the tenant’s bank account after tax. How does the test apply to group houses where not all rent paying tenants have been affected by COVID-19? The COVID-19 impact test applies to the total household income, inclusive of any government assistance, such as the new job keeper payments.
Will my landlord insurance cover my rental losses? Landlords should check their insurance policy to see whether they are covered for rental default. Different policies will have different limits and requirements. Many insurers are adopting new procedures to deal with the impacts of COVID-19, and may require evidence that the landlord has attempted to negotiate with the tenant.
I am a landlord, but I can’t afford to provide a reduction in rent Landlords should seek to negotiate with their lender to try to obtain an agreement to waive or reduce mortgage repayments. Many lenders are offering to reduce or waive payments at this time.
If this is possible, landlords should have a greater capacity to agree to a reduced rent or charges for a period of time. The immediate 60-day stop on evictions will also allow time for the tenants to access Government income support and may allow tenants to resume paying existing rent.
Can tenants be encouraged to look at accessing their super to pay rental arrears? Agents and landlords must not encourage tenants to access their super early to cover any rental arrears. This could constitute unlicensed financial advice and may not be in the best interests of the tenant. Financial advice must only be provided by qualified and licensed financial advisers or counsellors, not by agents or landlords.
What happens once the interim 60 day stop ends? Once the intermin 60 day stop has ended, a tenant(s) who is still unable to meet their rental obligations due to COVID-19 can only have their tenancy terminated on the basis of rental arrears if the landlord has attempted to negotiate reduced rent in good faith but the tenant has failed to do so.
I am a tenant in social housing – does the stop on evictions apply to me? I am a tenant in social housing – does the stop on evictions apply to me? Social housing providers have their own processes for dealing with rental arrears and are not covered by the new provisions.
Example scenarios
Reduced income together with income support resulting in less than 25% loss of income
A tenant pays $300 per week in rent under their tenancy agreement
The tenant earned $800 per week but lost their income as a sole trader due to the impacts of COVID-19 business closures on their business, following public health orders
The tenant now receives income support of around $1,500 per fortnight, or $750 per week, paid through their employer*
The tenant’s lost income per week is $50 per week, which is less than 25% of the tenant’s original income.
The stop on termination notices and applications for eviction orders due to rental arrears does not apply to this tenant.
Increase in income due to government support payments
A tenant pays $300 per week in rent under their tenancy agreement
The tenant earned $650 per week but lost their job due to business closures following public health orders
The tenant now receives income support of around $1,400 per fortnight, or $700 per week, paid through their employer
The tenant’s income has now increased as a result of the Commonwealth payment: instead of $1,300 per fortnight, they now earn $1,400 per fortnight*
The stop on termination notices and applications for eviction due to rental arrears does not apply to this tenant, because there has been no reduction in their total income.
Tenant and co-tenant in a family household. The tenant loses income and gets income support
A family pays $750 per week in rent in total and the adults are co-tenants under their tenancy agreement
Tenant A earns $1,000 per week, while their partner tenant B earns $500 per week
Tenant A loses their job due to business closures, but is receiving a government payment of around $1,100 per fortnight or $550 per week*
There is no impact on tenants B’s income
The lost household income is equal to $450, which is equal to 30% of the original household income
The stop on termination notices and applications for eviction orders due to rental arrears applies to this household.
Tenant is sole breadwinner, tenant loses income and gets income support
A tenant pays $600 per week in rent under their tenancy agreement and is the sole breadwinner for the family
The tenant loses their job due to the business closures following the public health order announcements. The tenant’s income was previously $1,000 per week
The tenant receives income support payments from the government of around $1,500 per fortnight, which equals $750 per week*
The loss in household income is equal to $250 per week which is 25% of the original household income
The stop on termination notices and applications for eviction orders due to rental arrears applies to this household.
Share household where all tenants are on the main lease
Two friends share a house and are named on the lease.
The rent is $1000 per week
Tenant A earns $1200 per week and tenant B earns $800 per week, making a combined household income of $2000 per week
Tenant A loses their job and now receives $1115 per fortnight which is around $557 per week.
The combined income of the household is now $1357 per week
The loss in income is $643 per week, which is 32% of the original household income.
The stop on termination notices and applications for eviction orders due to rental arrears applies to this household
Share household with head tenant and sub-tenant on a written lease with head tenant
Two friends share a house and the rent payable on the main lease is $1000 per week
Tenant A is the head tenant and has a written sub-tenancy agreement with Tenant B
Tenant A earns $1200 per week and tenant B earns $800 per week, making a combined household income of $2000 per week
Tenant A loses their job and now receives $1115 per fortnight which is around $557 per week.
The combined income of the household is now $1357 per week
The loss in income is $643 per week, which is 32% of the original household income
The stop on eviction orders being issued due to rental arrears applies to Tenant A’s agreement with the landlord
As Tenant B’s income has not changed, the stop on notices for termination and eviction does not apply to Tenant B’s sub tenancy agreement with tenant A.
I need more support and information Trained dispute resolution officers in Fair Trading are available to help landlords, managing agents and tenants to negotiate temporary changes in rental arrangements, if agreement cannot be reached between parties.
When you seek assistance with negotiations, we may need to obtain some initial information before it can schedule a time to discuss the matter with both parties.
How to seek help If you have attempted to negotiate a rental plan without success you can apply for assistance by completing the Tenancy Complaint Form.
Apply for assistance Tenants will be asked to provide evidence that they are experiencing financial hardship, such as:
proof of temporary or permanent job loss (eg, employer separation letter, evidence of reduced shifts)
proof that your business has suffered due to COVID-19 (eg, type of business – noting that some are now the subject of a government ban and cannot operate)
proof of previous employment income and current income (eg, bank statement, payslip)
proof of Government income support payments or applications made (eg, statement or advice/acknowledgement from Centrelink)
Tenants will need to assess the amount of rent that they are able to pay and the type of rental arrangement requested, for example:
Reduce my rent by $100 a week for a period of six weeks, or
Reduce my rent by $200 a week until employment resumes
Copies of your evidence can be uploaded from your mobile device and attached to the complaint form.
How long is the process? We will be treating negotiation requests as a matter of priority and will respond as quickly as possible.
The timing for each negotiation process will be largely influenced by the demand for the service as well as whether parties can provide the requested information in a timely manner.
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With Christmas just around
the corner, you’re probably looking forward to a well-deserved break. Trouble
is, your property manager and tenants are probably doing the same. So how do
you keep your investment property safe over the holidays?
Follow our 5 tips.
Tip 1: Be prepared and plan ahead
If your investment property
has any plumbing or electrical problems, fix them NOW. Chances are, those
niggling little concerns could become major problems when the only help at hand
are emergency plumbers and electricians. Over Christmas, they’re hard to find
and charge accordingly. Attending to them now could save you a lot of money and
your tenants a lot of grief.
Tip 2: Does your investment property have air conditioning?
Air conditioners must be
serviced regularly to ensure they remain in good working order. Like plumbing
and electrical problems, you don’t want the expense of emergency repairs over
Christmas. Remember to clean filters at least once a year to help prolong their
serviceable life and reduce repair costs.
Tip 3: Does your property have a swimming pool?
If so, you must have an
up-to-date Swimming Pool Certificate of Compliance. In NSW, these Certificates
are essential. They last 3 years but it’s important to ensure the pool gate and
fencing are regularly checked. You are also required (by law) to have a
resuscitation chart clearly visible.
Tip 4: Window locks are a legal requirement
Since March 2018, all strata
buildings in NSW are required to have robust, child-proof window locks to
restrict how far a window can be opened. This regulation applies to all windows
that are 2m above the ground outside and 1.7m above the floor inside. The locks
must prevent windows opening more than 12.5cm.
Tip 5: Your tenant’s holiday plans
If your tenant has holiday
plans, they need to advise your managing agent how long they will be away and
provide their holiday contact details. While away, your tenants need to arrange
for someone to regularly clear the mailbox. An overflowing letterbox is an
advertisement the property is empty.
What’s your managing agent’s holiday plans?
Obviously, your managing
agent is entitled to take a holiday but your investment property and tenants
still need to be supervised – especially if the unexpected happens.
At Stills Properties, we
ensure all tenants are provided with a list of emergency phone numbers for
electrical and plumbing services. These trades have been working with us for
years because they are reliable, highly trustworthy and ethical. We also keep
on top of all property maintenance issues to minimise the need for any
emergency call-outs.
Does your current property
manager do this?
If you don’t feel
your investment property is getting the care it should, get in touch with
Stills Properties on 1300 091 638 or email propertymanager@stillsproperties.com.au.
The NSW
Parliament recently passed a number of amendments to the Residential
Tenancies Act 2010. With over 30% of the NSW population renting, these changes
are designed to make it easier for tenants to make a rental property feel like
home.
For landlords,
it creates an opportunity to attract and retain high quality, long term tenants
– providing greater income certainty on their investments.
The new
laws also improve protections for victims of domestic violence.
The
implementation date for the Residential Tenancies Amendment (Review) Bill
2018, is expected to begin in the first half of 2020 so it’s important all
landlords start planning now.
The
Reforms in summary
A. Minimum standards identified
At the
beginning of any tenancy, all properties will need to meet 7 minimum standards
to be deemed fit for habitation. These standards will also need to be
maintained throughout the tenancy (by way of repairs). While not an exhaustive
list, these standards are considered the minimum baseline.
The 7
minimum standards are:
The property must be structurally sound
Each room must have adequate natural or artificial lighting (the exceptions are storage rooms or garages)
There must be adequate ventilation throughout the property
It must have an electricity and/or gas supply with adequate electricity and gas outlets for lighting, heating and appliances
The property must have bathroom facilities (including toilet and bathing facilities) which provide user privacy
The property must be connected to water supply infrastructure for the supply of hot and cold water for drinking, washing and cleaning
The plumbing and drainage must be satisfactory
B. New resolution powers & rectification orders
The
property management industry is plagued by disputes over repairs and
maintenance issues along with claims of property damage caused by tenants. The
new legislation is designed to reduce these problems by providing NSW Fair
Trading with greater powers – including the ability to issue rectification
orders.
C. Rent increases limited for periodic leases
Rent
increases for periodic leases (that is, where the tenancy has no specified time
limit) will be restricted to once every 12 months under the new laws.
D. Protections for victims of domestic violence
Tenants
who need to escape a violent partner will be able to terminate their tenancy
immediately and without penalty. In addition:
The
victim/s will not be held accountable for any property damage that occurred
during a domestic violence incident
The same
is true if they are a co-tenant who is not the perpetrator
If a
tenant terminates a lease because they are a victim of domestic violence, the
landlord or their agent are prohibited from adding their name to the tenancy
database
E. Separate meters for granny flats etc.
With the
rise of dual occupancies, granny flats and the like, the Residential Tenancy
Amendments include a new definition for “separately metered premises”. The
purpose of this amendment is to reduce the number of disputes between landlords
and tenants over who pays for water, electricity and gas.
F. Other changes
The
amendments are quite comprehensive and include a number of other changes including:
The
introduction of penalties for landlords or agents if they fail to provide the
tenant with a property condition report at the beginning of the tenancy
Mandatory
set fees for breaking a fixed-term lease
Penalties
for landlords who fail to repair smoke alarms
Clarification
on taking photos and videos during inspections and publishing them to advertise
the property for re-lease or sale
Stopping
database operators charging tenants to access their own information
Take care
of your tenants and they’ll take care of your property
Your
investment property is a valuable asset so it’s only natural you want to ensure
it’s providing a great return on investment, with tenants that will take care
of it.
This new
legislation is designed to help you do that by providing tighter guidelines on
what’s acceptable from both a landlord’s and tenant’s point of view.
For an
informed and conscientious property manager to look after your investment
needs, call
Brigitte Stills on 1300 091 638 or email propertymanager@stillsproperties.com.au
She’s been looking after landlords and their properties for over 30 years.