A landmark former orphanage site in Surrey Hills could be transformed into a new residential community under plans lodged by <a href="https://www.apartments.com.au/developers/antipodean-land-developments">Antipodean Land Developments</a> that would deliver 76 apartments and townhouses while restoring some of the suburb's most significant heritage buildings.

The burgeoninng Melbourne-based developer has submitted plans for the 9,158 sqm site at 1 Kent Road and 24 Durham Road, home to the former St Joseph's Home for Destitute Children, a historic institutional complex dating back to the late 19th century. The proposal seeks to adaptively reuse several heritage buildings while introducing two new four-storey residential buildings set within extensive landscaped grounds.

Designed by <a href="https://www.apartments.com.au/architects/woods-bagot">Woods Bagot</a> and Kerstin Thompson Architects, the project has been conceived as a contemporary residential village embedded within a restored heritage precinct. The development team describes the design approach as "The Village in the Garden," with new buildings positioned among mature landscaping by OCULUS and significant heritage structures.

<img alt="First look: Antipodean Land Developments plans heritage-led apartment community in Surrey Hills" data-entity-type="file" data-entity-uuid="44ec8c1b-c0b6-44ae-859e-5811b3e6a023" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Untitled%20design%20%281%29.png?VersionId=p.p1_KFh4iQoV4nisdnPfQBAsWNi7m79" />

The proposal would deliver 76 dwellings comprising a mix of apartments and duplex-style residences, significantly increasing housing supply on one of the largest privately held residential landholdings in Surrey Hills. The development includes 127 car spaces, 24 bicycle spaces and more than 1,000 sqm of communal amenity, with the existing chapel building earmarked for conversion into resident facilities.

According to the planning submission, the project centres on the restoration and adaptive reuse of the site's most significant heritage assets, including the original c.1889 St Joseph's building, the chapel designed by architect Augustus Andrew Fritsch, and the historic brick perimeter walls and entry gates. The proposal also incorporates the retention of other contributory buildings including the former infirmary and school building.

Tract Consultants, in the planning report accompanying the application, said the scheme had been shaped through extensive heritage analysis and design development.

"The shared vision for the Site by the project team has culminated in a scheme which successfully breathes life back into a historic site while delivering upon the objectives of Victoria's Housing Statement in a carefully curated and contextually responsive manner."

<img alt="First look: Antipodean Land Developments plans heritage-led apartment community in Surrey Hills" data-entity-type="file" data-entity-uuid="7263b7d8-95ea-400f-9531-6ca7d22c3c33" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Untitled%20design%20%282%29.png?VersionId=4cR1tiWOsDpgxEOwZi5vVFcyvvOsYkIE" />

The proposal is being assessed under Victoria's Significant Residential Development with Affordable Housing pathway. As part of the application, three per cent of the project's residential development cost would be contributed to the Social Housing Growth Fund. The development would also provide a diverse mix of one, two and three-bedroom residences targeting a broader range of buyers than typically found in Surrey Hills' detached housing market.

Sustainability initiatives include an anticipated 66 per cent BESS score, natural cross-ventilation to 80 per cent of apartments, 28 per cent deep soil landscaping and a canopy cover outcome exceeding local planning requirements. The proposal also sets aside more than 1,083 sqm for communal indoor and outdoor resident amenity spaces.

<img alt="First look: Antipodean Land Developments plans heritage-led apartment community in Surrey Hills" data-entity-type="file" data-entity-uuid="33fad46f-fe26-4d0a-acfd-6b776e1c6a3d" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Untitled%20design.png?VersionId=D9F6WVSyYCtGvSUmith35LRp6R7PQkw_" />

Planning documents describe the property as one of the largest underutilised residential sites in Surrey Hills, arguing it presents a rare opportunity to introduce "missing middle" housing in an established inner-eastern suburb while preserving and revitalising a significant heritage precinct.

Antipodean Land Developments has built a reputation for design-focused residential projects across Melbourne, particularly in the medium-density sector. Previous developments include Neighbourhood in Brunswick East, delivered with Breathe Architecture, and Balfe Park Lane, designed by Kerstin Thompson Architects.

They've been very active in site acquisition as they build out their future development pipeline. They recently launched Thornubury House, 45 apartments above a mix of commercial, retail, and food and beverage tenancies, and have plans for a boutique project in Fitzroy and another <a href="https://www.apartments.com.au/news/vic/antipodean-plan-apartments-for-deepdenes-missing-middle-on-whitehorse-road">"missing middle" project</a> on Deepdene's Whitehorse Road.

Joel Robinson

First look: Antipodean Land Developments plans heritage-led apartment community in Surrey Hills

Developer <a href="https://www.apartments.com.au/developers/auyin-property-development">Auyin</a> is the latest to turn to the Victorian Government's Development Facilitation Program in an effort to secure approval for its long-planned, mixed-use project in Elsternwick.

In 2018, Auyin lodged plans with Glen Eira City Council for a 14-storey building, however Council approved a reduced eight-storey scheme. A subsequent VCAT appeal in 2019 upheld the eight-storey height limit.

The project was later amended to nine storeys, but Auyin is now seeking to revive something closer to its original vision. The developer argues that the planning context has evolved significantly over the past decade, particularly within the Elsternwick Activity Centre, where higher-density development has increasingly been encouraged along Glen Huntly Road.

The proposal would transform the 1,239 sqm site at <a href="https://www.apartments.com.au/new-apartments/7-12-horne-street-elsternwick-vic-3185">7-15 Horne Street</a>, opposite Elsternwick Railway Station, into a 13-storey residential and retail development designed by CBG Architects, with 40 apartments

The site currently comprises three commercial properties.

<img alt="First look: 13-storey mixed-use tower planned for Elsternwick activity centre" data-entity-type="file" data-entity-uuid="5f465dd4-509b-4082-a669-0253b313914b" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/elsternwick%20podium.png?VersionId=72frWi0SmQ5AVJ3ARRhX5ILUYObhTm7x" />

The proposed apartment mix comprises 25 two-bedroom and 15 three-bedroom residences above 200 sqm of retail space at ground level. Residents would have access to a 90 sqm wellness facility, a 351 sqm communal indoor and outdoor terrace on the third level, and extensive landscaped areas throughout the development. A publicly accessible 135 sqm plaza would be created on the north-east corner of the site, providing seating, landscaping, and a new gathering space adjoining Horne Street.

The design adopts a four-storey podium that references the finer-grain character of the surrounding streetscape, with the upper tower recessed behind generous setbacks on all boundaries.

<img alt="First look: 13-storey mixed-use tower planned for Elsternwick activity centre" data-entity-type="file" data-entity-uuid="e637e763-2abc-4c34-a0aa-5c7ad36fae18" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/elsternwick%20open.png?VersionId=J1AoOpZgTyaF.KeeFSX6lMjEScX8KKRi" />

A key element of the proposal is the reconfiguration and widening of the surrounding laneways. Vehicle access would be retained from Lois Lane, with upgraded pedestrian connections linking Ross Street and Horne Street. The development would provide 58 residential car spaces, two retail car spaces, and 52 bicycle spaces across two basement levels and ground-floor facilities.

Architecturally, the building draws inspiration from the established character of Elsternwick Village. The façade combines dark charcoal brickwork, textured concrete, bronze-toned metal detailing, and extensive planting integrated into podium and tower levels. The design also incorporates a chamfered corner treatment and publicly accessible plaza intended to strengthen pedestrian activity around the station precinct.

Elsternwick's last new development completion was&nbsp;EVA Elsternwick by Pitard late last year. <a href="https://www.apartments.com.au/developers/milieu-property">Milieu</a> is working away on its nature-led neighbourhood, <a href="https://www.apartments.com.au/new-apartments/elsternwick-gardens-by-milieu-8-gordon-street-elsternwick-vic-3185">Elsternwick Gardens</a>, on Gordon Street, with its first stage expected to complete next year.

First look: Auyin seeks mixed-use apartment project in growing Elsternwick Activity Centre

<a href="https://www.apartments.com.au/new-apartments/otium-parkdale-123-125-como-parade-east-parkdale-vic-3195">Otium Parkdale</a>, the 13-residence boutique development by&nbsp;<a href="https://www.apartments.com.au/developers/huxtable-property">Huxtable Property</a>, has entered its final stages of delivery, with completion expected within the coming month and more than half of the residences sold.

The Como Parade East project is nearing the finish line at a time when opportunities to purchase new apartments in <a href="https://www.apartments.com.au/developments/parkdale-vic-3195">Parkdale</a> remain exceptionally limited. Fewer than 10 per cent of dwellings in the bayside suburb are apartments, making developments like Otium a relatively rare addition to a market traditionally dominated by detached housing.

[smartcode_project:default project_id=134974 project_image_fid=5427]

The three-level development comprises 13 residences, including ten two-bedroom apartments and three larger three-bedroom homes, all positioned above a secure basement car park.

Designed by <a href="https://www.apartments.com.au/architects/almeida-architects">Almeida Architects</a> with a strong connection to its coastal surroundings, Otium combines red brick, exposed concrete and dark metal detailing with integrated landscaping and greenery. Expansive glazing, generous balconies and terraces have been incorporated throughout the design to maximise natural light and reinforce indoor-outdoor living.

Inside, the residences feature engineered European oak flooring, natural and reconstituted stone benchtops, Bosch kitchen appliances, ducted heating and cooling, lift access and secure entry systems. The larger three-bedroom residences on the upper level have been designed with house-like proportions, while the two-bedroom apartments prioritise functionality, flexibility and low-maintenance living.

[smartcode_project:default project_id=134974 project_image_fid=5421]

The project is now in its final stages, with <a href="https://www.apartments.com.au/builders/labco">Labco</a> completing the remaining landscaping and external finishing works following the completion of the residences' interiors.

Otium's location within the heart of Parkdale continues to underpin its appeal. Residents will be just steps from local cafés, restaurants, shops and the newly elevated Parkdale Station, while the beach is less than a kilometre away.

With the project tracking ahead of schedule, buyers can currently secure a residence with a five per cent deposit and benefit from settlement terms of up to eight months. The advanced stage of construction also provides buyers with the opportunity to walk through the near-complete residences and experience the quality and finishes firsthand ahead of completion.

[smartcode_project_cta:default project_id=134974]

Otium Parkdale enters final month before completion as rare apartment opportunity nears sellout

A new boutique apartment development is entering the market in <a href="https://www.apartments.com.au/developments/chermside-qld-4032">Chermside</a>, with Brisbane-based developer <a href="https://www.apartments.com.au/developers/ausdev">Ausdev</a> bringing 33 residences to a well-connected pocket of Brisbane's north.

<a href="https://www.apartments.com.au/new-apartments/parkdrive-apartments-chermside-25-sammells-drive-chermside-qld-4032">Parkdrive Apartments</a>, at 25 Sammells Drive, will comprise a mix of one- and two-bedroom residences positioned within walking distance of Westfield Chermside, The Prince Charles Hospital, and Bradbury Park.

Established in 1989, Ausdev has a long-standing presence across both development and construction, with Parkdrive Apartments representing its latest residential project in Brisbane's northern suburbs.

[smartcode_project:default project_id=152125 project_image_fid=363778]

The development has been designed around open-plan living and natural light, with residences featuring stone benchtops, timber cabinetry, BOSCH appliances, and private balconies that extend the living areas outdoors.

Kitchens are positioned as the centrepiece of the homes, incorporating natural material palettes and integrated appliances, while bathrooms have been designed with a focus on functionality and understated finishes.

Residents will have access to a communal barbecue and entertaining area on Level 3, providing shared outdoor space within the development. Secure parking and lift access are also incorporated into the building.

The project will deliver a limited collection of 33 apartments, with one-bedroom residences priced from $749,000.

[smartcode_project:default project_id=152125 project_image_fid=363782]

Beyond the building itself, the location places residents within easy reach of several of Chermside's key amenities. Bradbury Park is around 350 metres away, while Westfield Chermside is approximately 1.3 kilometres from the site. The Prince Charles Hospital is located within 750 metres, and the Chermside Bus Interchange is around 1.5 kilometres away, providing connections across Brisbane.

Parkdrive Apartments adds to the growing residential pipeline in Chermside, a suburb that continues to evolve as a major retail, healthcare, and transport hub for Brisbane's north.

[smartcode_project_cta:default project_id=152125]

Ausdev introduces boutique Parkdrive Apartments to Chermside's growing centre

<a href="https://www.apartments.com.au/developers/skymark-group">Skymark</a>'s boutique Cronulla development Solis has secured a 10-year Latent Defects Insurance policy through Resilience Insurance, providing buyers of the 16-residence building on Ewos Parade with structural and waterproofing protection that extends a decade beyond the building's completion.

Currently under construction and due for completion in late 2027, <a href="https://www.apartments.com.au/new-apartments/solis-cronulla-8-ewos-parade-cronulla-nsw-2230">Solis</a> is one of a small number of new developments in the Sutherland Shire to carry Resilience LDI coverage, a distinction that carries increasing weight as buyer confidence in the off-the-plan sector continues to be shaped by how developers stand behind their product.

Latent Defects Insurance, which entered the Australian market in 2022 when Resilience Insurance was approved to offer the cover, protects buyers against major structural or waterproofing defects for ten years post-completion. Unlike traditional statutory warranties, it operates as a first-resort policy, if a covered defect arises, the insurer responds directly, without the buyer needing to pursue the builder or developer through a lengthy claims process.

Resilience Insurance CEO Corey Nugent has noted that the product addresses something fundamental to the new apartment market.

"The overarching feedback from prospective buyers in the new development space is that they want more confidence and assurances around the quality of the build," Nugent says.

"Resilience Insurance Latent Defects Insurance not only gives them complete peace of mind for 10 years, but it shows the developer they are buying from is standing by their product."

[smartcode_project:default project_id=150499 project_image_fid=370898]

For Solis, the Resilience LDI policy adds a meaningful layer of accountability to an already considered project. The development comprises nine two-bedroom and seven three-bedroom residences, including one dual-level three-bedroom apartment, across a five-storey building on Ewos Parade, positioned between Shelly Beach and South Cronulla.

Garden apartments connect directly to private landscaped courtyards, while upper-level homes capture beach views to the east from level four and above.&nbsp;

All 16 residences include at least one balcony or courtyard, and select apartments on the upper floors feature bar areas and secondary flexible living spaces.

Hiba Sander, Managing Director of Skymark, says Solis offers a rare balance, nestled between the quiet beauty of secluded beaches and the lively charm of South Cronulla's esplanade.

"It's a place to choose your pace and live gracefully, seaside'," Sander says.

[smartcode_project:default project_id=150499 project_image_fid=370900]

The architecture, designed by <a href="https://www.apartments.com.au/architects/ida-design-group">IDA Design Group</a>'s Michael Trinh, draws from the natural erosion patterns of <a href="https://www.apartments.com.au/developments/cronulla-nsw-2230">Cronulla</a>'s sandstone headlands, translating the organic forms of the coastline into soft curves, pavilion-style massing, and a material palette chosen for longevity in a salt-tinged environment.&nbsp;

Textured natural stone, soft renders, and timber-look battens reference the tones of the surrounding cliffs, while the building has been oriented to maximise natural light and passive ventilation, with primary living spaces facing north and east to capture morning sun and sea breezes.

"At Solis, our aim was to create architecture that feels quietly confident, grounded in natural materials like stone and timber, and elevated by light and landscape," Trinh says.&nbsp;

"The buildings are designed to sit gently within their coastal surrounds, with expansive glazing and abundant greenery creating a seamless dialogue between inside and out."

[smartcode_project:default project_id=150499 project_image_fid=370897]

Interiors by <a href="https://www.apartments.com.au/architects/hot-black">Hot Black</a> carry the same material language through to every room. Kitchens feature integrated Gaggenau appliances, sculpted stone benchtops, and Lo &amp; Co joinery, while bathrooms feature natural stone, timber, and brushed metal finishes.&nbsp;

Hot Black Founder and Design Director Sophie Safrin describes the intent as one of considered restraint: "At Solis, every detail has been thoughtfully considered to create a timeless coastal retreat, calm, refined, and effortlessly liveable. From natural finishes to seamless indoor-outdoor flow, Solis offers a quiet elegance that's deeply connected to its surroundings.

The landscape, designed by Julian Brady of <a href="https://www.apartments.com.au/landscape-architect/sitedesignstudios">Site Design Studios</a>, treats green space as an integral part of the resident experience rather than an afterthought.&nbsp;

"Gentle curves and layered native plantings mirror the ebb and flow of the ocean," Julian Brady says, "creating a serene connection between architecture and place."&nbsp;

Coco Republic has provided bespoke furniture packages tailored to the project's coastal palette.

[smartcode_project:default project_id=150499 project_image_fid=370899]

Skymark has an established track record in the Sutherland Shire, with a portfolio spanning Cronulla, Woolooware and Burraneer that includes Isla, Sylva, Bask, Shells, Sula and Mist. Securing LDI on Solis reflects a broader shift in how the developer is positioning its buildings to buyers, at a time when Resilience Insurance expects the policy to become mandatory in New South Wales by 2028.

Sales at Solis are launching soon through Ray White Projects, with an official event scheduled for 11 June. Enquire for more information.

[smartcode_project_cta:default project_id=150499]

Skymark takes out 10-year Resilience Insurance LDI at Solis Cronulla

Landlords

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<img src="https://counter.theconversation.edu.au/content/77098/count.gif?distributor=republish-lightbox-advanced" alt="The Conversation" width="1" height="1">
GUEST OBSERVER
Renters are already the weak party at the negotiating table because they cannot ignore their need for a place to live.
But a new series of apps that pit renter against renter will only further tip the balance of power in favour of landlords, making it even harder to get a house.
The fierce competition in the rental market often results in renters paying more than is necessary. Over 150,000 tenants pay more than 50 percent of their incomes for housing. 
These apps may seem like they give renters more power – they are marketed using words like “fairness” and “transparency”, but they also note that landlords are missing out on “millions and millions”. 
Renting is a zero-sum game. Every dollar that a landlord gains is a dollar out of the tenant’s pocket. And in a market already tilted in favour of landlords, these apps could further push up rents.
To address the problem of renting affordability we need technologies that promote more cooperation between renters, rather than competition.
The apps
There are several different rent bidding apps, and they all work in different ways.
Live Offer asks prospective tenants to fill out forms and these are then ranked for the landlord to choose. The prospective tenants can see where they are in the rankings, in real time.
Rentberry is more of a real-time auction site. Prospective tenants submit bids, can see what the current highest bid is and how many bids there have been. 
With Rentwolf, prospective tenants set up extensive profiles, as they would with AirBnB, and then apply for properties through the marketplace.
What is the right price?
Real estate is worth what people are prepared to pay for it. But tenants will always be the weak party at the negotiating table. 
At least as far back as David Ricardo in 1817, economists have theorised that landlords take what is left over once other costs are deducted from the tenant’s income. In other words, rent is as much as tenants are able to pay.
Even before that, Adam Smith recognised that all real estate is a monopoly for landowners. This is because the supply of land is strictly limited, giving excessive negotiating power to whoever owns it. 
But these apps overwhelmingly rely on auctions, which can itself be a problem due to what is called the “winner’s curse”.
Studies have shown that so long as there are at least two motivated bidders, the winning bid tends to either equal the value, or be one bid above it. In other words, the winning bidder in an auction will often overpay and will “suffer” for having won. 
In the case of renters, this means paying excessive rents throughout the lease. Even worse, as more people bid similarly, the ruinous rents become accepted as normal. They become the market rent.
This same phenomenon has been shown in everything from jars of coins to oil-drilling rights and, yes, real estate.
Some research has further shown that in an auction the second-highest bid could be the “rational price”. 
My own controlled experiments have shown that people are easily encouraged by necessity to bid excessively in auctions. This is despite full knowledge of the ruinous consequences. 
This is because people have only a limited capacity to vary their needs. We all need to live somewhere, and our culture limits the options. If the option is sharing with relatives or accepting a lower standard of living due to high rents, then our sense of independence will often prompt our willingness to tighten our belts.
These rental apps will play into these stresses and uncertainties, making it more likely people will overbid in the auctions. This is why these rental apps are likely to result in higher rents.
How technology can reduce rents
Some time ago researchers suggested that renters might be able to reduce rents by banding together.
Working together, renters would be able to create the equivalent of there being only one buyer in the market – a monopsony. A monopsony works like a monopoly, but for buyers rather than sellers. For real estate rents, if land owners enjoy a natural monopoly-like advantage, then tenants have to behave like a monopsony to negate the power imbalance. 
The current crop of rental apps do not address this imbalance. They only inform bidders as to what other, similarly stressed people, are bidding. It stresses them to bid higher.
Already, we are seeing the power of Facebook to build communities around renting. There are groups that help people find flatmates, for example. If the internet is to tackle the problem of renting affordability, then we need to extend this community, for renters to act in unison on rent.
Without a service that seeks to unite renters, rather than have them compete, housing affordability will only get worse. Rent bidding apps will increase landlord revenues and do so at the expense of tenants.
Garrick Small is associate professor, CQUniversity Australia and author for The Conversation. He can be contacted <a href="https://theconversation.com/profiles/garrick-small-369026" target="_blank">here.</a>
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jchancellor-FAypfDUnLy

Why rent bidding apps will make the rental market even more unaffordable

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GUEST OBSERVER
The insecurity of rental housing and unsatisfactory condition of many properties are receiving much-deserved media attention following the release of a national survey of tenants.
However, the stock response to the insecurity this revealed – longer fixed-term agreements – is not the answer. The solution to the failure of existing legal protections must take into account the structural features of the rental market, including the mobility of tenants.
The survey, commissioned by Choice, National Shelter and the National Association of Tenant Organisations, presents evidence of a widespread sense of worry, dissatisfaction and injustice on the part of tenants. According to respondents:
75 percent feel that competition for rental properties is “fierce”;
50 percent are concerned about being “blacklisted” on a tenancy database;
50 percent have experienced some form of discrimination;
30 percent live in properties requiring non-urgent repairs, and 8 percent require urgent repairs;
11 percent experienced a rent increase; and
10 percent reported an angry response after requesting repairs.
Residential tenancy laws cover many of these problems. That tenants are not successfully exercising their legal rights indicates a deeper problem of insecurity in renting. This problem is both structural and legal.
Small landlords and mobile tenants
Small landlords dominate the Australian rental sector: 72 percent own a single property each. Most (62 percent) make a net rental loss, so it is important to them that they can switch out of the sector when it suits them.
Research for the Australian Housing and Urban Research Institute (AHURI) indicates that 21% of landlords exit the sector within their first 12 months. By five years, 59 percent will have exited.
When landlords exit, they might sell to another landlord or an owner-occupier. Older research indicates that the transfer of rental housing into owner-occupation is a significant feature of the Australian market.
These dynamics cause structural insecurity for tenants. They also mean many landlords do not willingly tie up their sole asset in a long fixed term.
Despite the legal and structural insecurity of the sector, most moves by tenants are for their own reasons.
The ABS Housing Mobility and Conditions survey shows that tenants generally are very mobile: 81% have been in their current premises for less than five years. About half of moves between rental premises were for “personal reasons” (including family and employment reasons); 20 percent were to get more suitably sized housing; and 15 percent because of a termination notice from the landlord.
This degree of mobility suggests it is not in most tenants’ interest to enter into long fixed terms and the rental liability it entails. That’s not to mention the risk of being tied to a small landlord who is an unknown quantity and has no business reputation to protect.
Residential tenancies law in Australia
Each state and territory in Australia has its own Residential Tenancies Act. These differ in the details but are broadly similar in outline. All provide standard terms for tenancy agreements, processes for rent increases and terminations, and relatively accessible dispute resolution and eviction procedures.
Most do a decent job, on paper at least, when it comes to repairs and maintenance. Generally speaking, landlords are obliged to ensure rented premises are provided fit for habitation and maintained in a reasonable state of repair.
This means tenants are entitled to repairs even if the premises were in bad condition to begin with, and even if they pay relatively low rent. Tasmania is an exception: there, landlords are obliged to maintain premises in the condition in which they were first provided.
Similarly, each state and territory prohibits landlords from interfering in tenants’ quiet enjoyment of their premises. Most expand this right to protect tenants’ “reasonable peace, comfort and privacy”.
A key problem is that the ability of landlords to give notices of termination without grounds undermines existing protections. Philip Robins/AAP These are important protections, even though there may be scope to improve them – for example, by adding specific standards for safety devices and fixing particular legal defects like Tasmania’s. The great problem is that the ability of landlords to give notices of termination without grounds undermines the existing protections in every state and territory.
Without-grounds termination notices give cover to terminations by landlords for bad reasons, such as retaliation and discrimination. This means the prospect of receiving such a notice hangs over tenants when repairs and other issues arise.
What’s the solution, then, to high insecurity?
The legal insecurity of tenants might be improved in several ways.
Under the current laws of each state and territory, a fixed term prevents the landlord from terminating without grounds, and on other grounds such as sale or change of use of the premises, for the duration of the fixed term. It also prevents the tenant from lawfully terminating without grounds.
The idea of long fixed-term tenancy agreements is occasionally raised in the media and has caught the attention of the New South Wales and Victorian governments in their reviews of residential tenancies laws. Both those governments are considering how to facilitate long (five-year) fixed terms, including by altering other aspects of their laws – such as the protections about repairs.
But this approach presents problems of its own. Long fixed terms are unwieldy for landlords and tenants. Trying to make them more useful also threatens other valuable legal protections.
The present structures of the Australian rental sector call for different reforms.
We can reconcile the mobility of tenants with their sense of insecurity if we think of “security” as more than just the legal right to occupy. AHURI researchers have conceived of “secure occupancy” to encompass a person’s ability to make a home of premises and exercise housing autonomy. This includes the ability to confidently get repairs done in one’s premises, or keep a pet – and to freely decide to make a new home elsewhere.
This conception points towards a stronger reform agenda for improving security. Instead of long fixed terms, we should abolish without-grounds termination by landlords.
The law should instead provide a comprehensive set of reasonable grounds for termination, with notice periods and exclusion periods appropriate to each ground. This accommodates our present lot of small landlords, and can be done immediately.
Over a longer term, we should set our housing tax and finance policies to get a more stable sort of landlord. That would be one who operates at greater scale, has a reputation to protect and is less interested in switching out of the sector than in receiving a steady trickle of rents from secure tenants.
Chris Martin is a research fellow, Housing Policy and Practice, in the City Futures Research Centre, University of New South Wales and can be contacted <a href="https://www.be.unsw.edu.au/profile/chris_martin" target="_blank">here</a>.
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Rental insecurity and why fixed long-term leases aren't the answer: Chris Martin

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The Director of Consumer Affairs Victoria has accepted undertakings from Latitude Real Estate Pty Ltd and its director and former officer in effective control, who failed to meet their trust account obligations.
Investigations followed a complaint about the company, alleging discrepancies between bond payments made by tenants and amounts lodged by the company with the Residential Tenancies Bond Authority (RTBA), for four properties.
CAV found that bond money paid to the company by tenants, and by the company to the RTBA on behalf of tenants, was not properly recorded in the company’s rental trust account.
Latitude Real Estate inadvertently made overpayments of rent to landlords totalling $372,348, and underpayments of rent to landlords totalling $352,470. 
As a result, there was a deficiency of $19,879 in the company’s rental trust account in November 2015.
Latitude Real Estate acknowledged that it had contravened the Estate Agents Act 1980 and the Regulations by failing to keep full and accurate accounting records of trust money received. 
The company’s insurers have started making rectification payments to reconcile these discrepancies.
James Robert Hand, who was at all relevant times the Officer in Effective Control was responsible for reviewing and approving all monthly reconciliations of the company’s trust accounts, offered an undertaking to the Director of Consumer Affairs Victoria that he will complete further trust accounting, ethical and risk management professional training. 
Latitude Real Estate offered an undertaking to implement and maintain a compliance program to ensure that it keeps full and accurate accounting records, in accordance with the Act and Regulations, and will only permit suitably qualified staff to manage and maintain its accounts and records.
The company must ensure that all money owed to landlords as a result of errors in its trust accounting is paid within six months of the commencement date of the undertaking. It must also pay $3000 to the Victorian Property Fund within six weeks. 
The company also gave an undertaking to ensure that all directors, employees and agents who handle trust money, complete or repeat further professional trust accounting, ethical and risk management training.
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Overpayments made to Victorian landlords by Latitude Real Estate

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Rental Bonds Online is a new service helping tenants, agents and private landlords lodge and refund bond money securely and easily.
Tenants can now pay their bond direct to NSW Fair Trading using credit card or BPAY. Agents or landlords can lodge bonds in minutes, at any time, without having to post lodgement forms.
All parties are kept informed through SMS phone notifications and email updates.
Understand how Rental Bonds Online makes bond transactions more convenient. Watch our 3-minute introduction to the service:
<a href="https://youtu.be/5rRUdOgQEnY" target="_blank" title="Rental Bonds Online - the smart way to manage your bond (video)"><img src="https://www.fairtrading.nsw.gov.au/biz_res/ftweb/Images/About_us/Online_services/Rental_bonds_online_video.jpg" alt="Rental Bonds Online video" width="225" height="175"></a> Watch the video - Rental Bonds Online: the smart way to manage your bond (Internet Explorer users please right click on the video and select ‘Open link’ to watch.)  
The video is also available in the following languages:
<ul>
<li>
<a href="https://www.youtube.com/watch?v=zEXcnl6sjLI" target="_blank">Rental Bonds Online: the smart way to manage your bond (video in Arabic) </a> 
</li>
<li>
<a href="https://www.youtube.com/watch?v=ane7EYv-uSA" target="_blank">Rental Bonds Online: the smart way to manage your bond </a><a href="https://www.youtube.com/watch?v=ane7EYv-uSA" target="_blank">(video in Chinese)</a> </li>
<li>
<a href="https://www.youtube.com/watch?v=HL6a9ujyDSI" target="_blank">Rental Bonds Online: the smart way to manage your bond</a><a href="https://www.youtube.com/watch?v=HL6a9ujyDSI" target="_blank"> (video in Korean)</a>
</li>
<li><a href="https://www.youtube.com/watch?v=mzpKX9XQUnE" target="_blank">Rental Bonds Online: the smart way to manage your bond (video in Vietnamese)</a></li>
</ul>
Agents, private landlords and tenants can access the Rental Bonds Online site using a desktop computer or any mobile device such as a tablet or mobile phone.
<ul>
<li>A new feature released in late 2015 directs tenants using their smartphone to a version of the Rental Bonds Online site optimised for smaller devices.  This gives tenants access to all the core functions on Rental Bonds Online so they can create an account, lodge and claim bond money, and check the status of their bond. They can also navigate to the full site if they need to access other functions within Rental Bonds Online.</li>
</ul>
How to register and find out more
Visit the relevant page to you to learn more, including how to register as a Rental Bonds Online user:
<a href="https://www.fairtrading.nsw.gov.au/ftw/About_us/Online_services/Rental_bonds_online/For_property_agents.page" target="_blank" style="line-height: 1.3em;">For property agents</a> <a href="https://www.fairtrading.nsw.gov.au/ftw/About_us/Online_services/Rental_bonds_online/For_tenants.page" target="_blank" style="line-height: 1.3em;">For tenants</a> <a href="https://www.fairtrading.nsw.gov.au/ftw/About_us/Online_services/Rental_bonds_online/For_private_landlords.page" target="_blank" style="line-height: 1.3em;">For private landlords</a>
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po-LsXgBTHBmX

Property 101: NSW rental bonds online

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Woolworths' move to exit the Masters hardware chain have put REIT landlords Charter Hall, SCA Property and Aventus Property at some potential risk, according to The Australian.
But the fallout will not negatively impact on property values or rents in the wider retail sector, the research group BIS Shrapnel told the Australian Financial Review.
Instead BIS Shrapnel expect continued demand for household goods off the back of the residential construction boom. 
Longer term yields were likely to soften when the residential construction phase started to winds down, BIS said.
After a double-digit capital growth in 2015 there is expected to be an overall lack of supply of large new retail space to drive investor demand and push up capital values.
The REITs own just four of the 62 stores in the chain, with Macquarie Group analysts suggesting that these REITs are well placed to recoup unpaid rent.
Newy listed Aventus has exposure to one Masters store in Cranbourne in Victoria in its portfolio of 15 bulky goods stores.
SCA may turn their Mount Gambier town centre store into a bulky goods store or a supermarket.
Charter Hall has a contract to buy a third Masters site to add to the two stores they currently have in Sydney and Melbourne. 
"Large-format yields have firmed but they are still at a premium to other retail property, so there is scope for that gap to close further," said Maria Lee, senior project manager at BIS Shrapnel.
"Consumer demand should stay strong for the next couple of years because spending tends to lag housing construction and turnover. We are only seeing building commencement peaking now," she said.
BIS Shrapnel forecasts rental growth of over 3 per cent per annum over the next five years, compared with less than 1 per cent over the last five years, driven by continued demand for this type of retail space, as supply contracts.
New, large-format, retail supply reached over 600,000 square metres in 2015, the highest level of new building since the global financial crisis, comprising mainly  Bunnings and Master store openings, said BIS Shrapnel.
Ms Lee said Woolworths had already cut back its pipeline of new Masters stores.
She anticipated the likely subdivision of numerous Masters stores. Some will be taken over by Bunnings, she said. 
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jrobinson-rf4aSBido9

Masters fallout likely to be muted in leasing sector

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A recent Tribunal case concerning a rental property in Kaleen, ACT proves a point: if a tenant is struggling with financial hardship, they must apply to Tribunal to break their lease, rather than simply move out.
The tenants vacated the property on 31 May 2014 and stopped paying rent after giving eight weeks notice of intention to vacate, and the premises were not re-tenanted. They were on a 12 month lease that was not yet complete, and were advised that they were unable to break the lease.
One of the tenants had been given a role in Melbourne, and so had quit their job and provided the notice to the landlord.
The only one of the two landlords, who were living on the Solomon Islands, was employed, with the weekly $475 rent from the<a href="/news"> Kaleen</a> home paying a housing loan.
The tenants had paid several thousand dollars to vacate the Kaleen property, move to Melbourne and obtain the Melbourne premises, and then paid $1,300 per month for a rental in Melbourne.
A senior Tribunal member said the landlords "were likely to suffer considerable financial hardship as a result of the loss of the rental income from this fixed term tenancy".
“The information before the Tribunal was that the landlords would be returning to live in the premises in mid-2015, and taking into account the current state of the rental market in the ACT, it is likely that the financial loss of the landlords will be extensive,” said senior member Lennard.
As resolution for what the Tribunal called a ‘break lease’ situation, it was said that the landlords are entitled to act for compensation. The agent acting on behalf of the landlords said that they would agree to the tenants paying the equivalent of eight weeks rent to end the matter. This included a $1,900 bond, and a further $1,900 from the tenant, which was agreed to by the tenants.
The tenants were ordered to pay the four weeks rent in fortnightly payments from 19 June.
What does this mean for tenants and landlords?
The Tribunal was of the view that they could not retrospectively terminate the lease, as the tenant had already done so. It would have been prudent for the tenant to apply for Tribunal first.
“Section 44 of the Act provides that if the Tribunal decides to terminate a residential tenancy agreement on the grounds of hardship, the date of termination is to be determined after considering the relative levels of hardship suffered by the tenants and the landlords,” Lennard explained.
“The words of the section contemplate that the date of termination will be determined by the Tribunal and will be at some time between the date of hearing and eight weeks from the date of hearing.”
Similarly, it is down to the hardship to be faced by both landlord and tenant, and it must be significant to warrant breaking the contractual lease.
“The Tribunal nevertheless considered the submissions of the tenant as to the hardship they would suffer and the submissions of the landlords as to the hardship they would suffer.
“Hardship is not confined to financial hardship and may encompass financial, medical, and personal forms of hardship. While the Tribunal acknowledged that the tenants would suffer financial hardship as a result of the decision to vacate the premises and move to Melbourne, the Tribunal did not consider that this was significant hardship.”
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jduke-EHk3XBmHkn

Tenants must apply to Tribunal for hardship rather than break lease: Lessons from ACAT

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Previously, I looked at <a href="/expert-insights/investing/the-pros-and-cons-of-investing-in-a-modern-duplex">the positives and negatives of duplex housing from an investor perspective</a>.

Today I'll explore a more recently evolved ‘sister’ property type to the humble duplex – the ‘dual-key’ property.

Dual-key properties are a fairly recent emergence; however they have existed for decades in places such as Sweden, Japan and the United States.

A dual-key property is effectively one main property, with one front entrance door/hallway. The property then has a living room, bathroom, kitchen and one or two bedrooms.

Sounds like any normal property so far; except that a dual key property has an additional dwelling inside of it. Usually there’s an extra bedroom that has its own door lock. Inside the bedroom is a studio apartment with its own small kitchen and separate bathroom.

Unlike duplexes, dual-key properties enable one space to be shared by two separate parties or tenants. The property may have only one entrance/front hallway, through which all occupants enter. Some dual-key properties have only this as a common area, however most typically have a shared lounge and kitchen. Usually each tenant will actually have separate keys that unlocks only their own bedroom and bathroom spaces.

The pros and of a dual-key investment:

<ul>
<li>Two income producing properties on one title (unlike some duplexes, townhouses and attached dwellings that may require separate titles).</li>
	<li>As the property unit owner will typically only need to pay strata for one property, not two.</li>
	<li>Each portion can still be let separately, offering investors great scope for maximum rental return.</li>
	<li>Arguably, in an ageing population that is also downsizing and urbanising, dual-key could be a smart play to reach into the urban dwellers who require extra space for a parent or elderly relative to live close-by (but still with some privacy and separation).</li>
	<li>Another target rental audience for these property types would be students. Most urban students desire to live within walking distance to everything; their campus, CBD centres, and transport hubs. Dual-key properties may be attractive to students who seek a well located, low maintenance/low common area cleaning property.</li>
</ul>
The cons and of a dual-key investment:

<ul>
<li>Because dual-key is a (relatively) new property type in the Australian market, many are being priced as such. It may be financially smarter, in terms of rental return, to simply buy two separate properties from the beginning.</li>
	<li>The jury is still out on whether this property type is high demand or not. The abovementioned student and extended-family demographics may appreciate this property type, but many others will not. Urban young professionals, for instance, may simply prefer to pitch in for a three or four bedroom share house instead.</li>
	<li>Banks and lenders may have reservations in approving mortgages for this property type.</li>
	<li>Dual-key properties may actually offer limited capital growth. However, some dual-key properties may be easily convertible back to a two to three bedroom single property later down the track.</li>
</ul>
It is a great sign of the times that dual-key properties are on the uptake. With limited urban space and continually high-demand to occupy it, this property type could be a good compromise between human density and quality of life.

As a prospective investment property however, like all property types, would-be investors need to crunch rental and capital growth numbers and consider all the issues a dual-key property type presents, before taking the plunge.

<h2>Check out our latest listings:</h2>

[smartcode_project:default project_id=22057]

[smartcode_project:default project_id=94811]

[smartcode_project:default project_id=24532]
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cmcevoy-Go82SmsJA9

The pros and cons of dual-key investment properties

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A young Victorian man has been declared ineligible to hold a licence or act as an agent’s representative for seven years after stealing $14,753 in rent and bond money.
James-Paul Moularas, 23, stole the money from the tenants of five properties in <a href="/news">Travancore</a>, <a href="/news">Brunswick</a>, <a href="/news">Brunswick East</a>, <a href="/news">St Kilda East</a> and <a href="/news">Preston</a>.
Victoria Civil and Administrative Tribunal senior member Robert Davis found that between 11 October and 15 November 2012, Moularas had fraudulently failed to account for, deliver or pay money had received or held as an agent’s representative. He also failed to promptly pay all money he had received in his role to his employer or its specified trust account. The tribunal heard that Moularas had not acted fairly or honestly in relation to his duties as an agent.
Davis said there was “no doubt in his mind” that Moularas’ conduct would be considered unprofessional.
In November 2012, Moularas confessed that he stole the money to his employer, Secure Invest Property Group Pty Ltd, owned by his uncle. His uncle and parents repaid the money that he stole for his own use.
Moularas, who is originally from Adelaide, will be ineligible to hold a licence until 30 April 2021. Davis considered banning Moularas permanently but decided that a seven year ban was appropriate given that this was his first known offence. Moularas did not appear at his tribunal hearing.
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jrichardson-uRX5hFdKfN

Real estate agent representative who stole nearly $15,000 from tenants banned for seven years

Four out of the box ways to get your investment property rented

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Rents in metropolitan Perth dropped further in recent months, down by $10 per week this year following a $10 drop towards the end of last year. The median rent is now $450 per week across city suburbs.
REIWA data shows this typically breaks down to around $460 per week for a house and $440 for a unit or apartment.
Our data also shows the vacancy rate across Perth remains high at around 4%, due largely to the economic and population slow down. It has also been boosted by many tenants having left the rental system to buy a home of their own.
The long term equilibrium for vacancy rate across Perth is 3%, so the current rate is around one third higher than it might ideally be.
Our figures show there are around 5,000 metropolitan rental properties on the market which is 56% more than the same time last year.
As the number of rental properties swell and overall rents come down, the number of people breaking their lease to find a different property has jumped significantly.
The changed conditions mean that some people are breaking leases to move into a more affordable dwelling, a larger premises or maybe a home in a much better location to suit their needs.
These outcomes are understandable and REIWA property managers are experiencing a significant increase in the number of enquiries from both tenants and property owners asking about the costs involved in breaking a lease.
Tenants need to understand that a lease is essentially a contract between two parties and leaving the premises before the agreed termination date is a breach of that contract.
Under the Residential Tenancies Act, the property owner is entitled to be ‘no worse off’ as a result of any breach by the tenant. As such, they can claim from the tenant any costs, such as rent until the premises are re-let or the original period expires, the charges for advertising for a new tenant and any unused portion of the letting fee.
These claims could add up to several thousand dollars billed against the outgoing tenant, particularly if the premises they vacate takes a while to secure a new tenant. This can be devastating to someone who has broken their lease, started renting a new property and is now effectively paying rent on two places, one of which is empty.
It’s very important therefore, that if a tenant is thinking of breaking their lease for whatever reason, that they talk to the property manager about the potential costs so they can make a considered decision about timing and budget.
This article was originally published on <a href="https://reiwa.com.au/Faq/Pages/Feature.aspx" target="_parent">reiwa.com</a>.
Image courtesy of <a href="https://www.seniorliving.org/" rel="nofollow" data-rapid_p="22">SeniorLiving.Org</a>/<a href="https://creativecommons.org/licenses/by-sa/2.0/" target="_blank">Creative Commons</a>.
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