<a href="https://www.apartments.com.au/developers/jwland-development">JWLand</a>’s De Burgh, the final residential release within the Northbourne Village precinct in Lyneham, is nearing completion just as the Federal Government’s Home Guarantee Scheme prepares for its most significant expansion to date.&nbsp;

From October 2025, the scheme will allow first home buyers to enter the market with just a five per cent deposit and no lenders mortgage insurance (LMI), removing some of the most common barriers to ownership.

With <a href="https://www.apartments.com.au/new-apartments/de-burgh-at-northbourne-village-40-de-burgh-street-lyneham-act-2602">De Burgh</a> on track for residents to move in by late spring 2025, the timing creates a strong opportunity for first home buyers seeking brand-new apartments in Canberra’s sought-after Inner North.&nbsp;

[smartcode_project:default project_id=139989 project_image_fid=212888]

The project delivers 350 residences across two buildings, with layouts ranging from compact studios through to one, two, and three-bedroom apartments.

JWLand has tailored the development for long-term liveability, integrating natural light, privacy and outdoor space into each home. Ground-floor residences feature private courtyards, while upper levels benefit from generous balconies.

Kitchens are fitted with Fisher &amp; Paykel appliances, and all apartments include ducted reverse-cycle air conditioning with smartphone app control for lighting and climate.&nbsp;

Shared resident facilities include a rooftop garden, gym, lounge and parcel lockers, alongside landscaped green space within the precinct.

[smartcode_project:default project_id=139989 project_image_fid=267376]

For buyers, the expanded Home Guarantee Scheme removes income caps and introduces unlimited places, making it more accessible than ever. With most De Burgh apartments priced under $1 million, they fall well within the updated eligibility thresholds.

The policy changes provide first home buyers with greater certainty and a smoother path to finance. Combined with the quality and location of De Burgh, the expanded scheme is expected to draw a new wave of buyers to Canberra’s Inner North.

Residents will benefit from the project’s central setting, just 600 metres from the light rail and three kilometres from Canberra’s CBD. The precinct is bordered by the <a href="https://www.apartments.com.au/developments/lyneham-act-2602">Lyneham</a> wetlands and sits within easy reach of cafes, restaurants, schools and the ANU.

With completion scheduled for late 2025, De Burgh is set to be among the first major apartment projects to meet the expanded scheme head-on, offering first-time buyers a realistic pathway to ownership in one of Canberra’s most connected neighbourhoods.

[smartcode_project_cta:default project_id=139989]

Joel Robinson

JWLand’s De Burgh aligns with expanded Homebuyer Scheme, opening doors for first home buyers in Canberra’s Inner North

A subtropical pair of residential towers are in planning for a key South Brisbane site neighbouring the iconic Expo ’88 Skyneedle, with new documents revealing a vertically layered vision designed to respond to the precinct’s evolving high-density character.

The proposal has been lodged by&nbsp;Darveniza Group, which is also is behind the 400-apartment Station Quarter precinct in Alderley.

Darveniza Group, led by Jane Darveniza, the Brisbane-based investor and Queensland rich-lister and widow of the late property magnate Bojan Darveniza, is seeking approval for a mixed-use project encompassing 204 apartments, ground-level retail, food and drink tenancies, and office space across two architecturally integrated towers at 37–39 Manning Street.

Occupying an 1,822 sqm site, the proposed towers would rise above a sculptural podium base, with a recessed landscaped centre, rooftop communal areas, and a total of 220 car parks and 256 bicycle bays. The apartment mix spans one- to five-bedroom dwellings, with a design emphasis on generous balconies, cross-ventilation, and climate-responsive materials.

<img alt="First look: Twin towers proposed for Manning Street site beside Skyneedle" data-entity-type="file" data-entity-uuid="42c1f501-2afd-440b-af49-67c257123ea7" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Manning%20podium.png?VersionId=KFlksfWzmDRD.VIYxd_1q3VAel.nN3TH" />

“The development is conceived as two slender twin buildings that meet at a lushly landscaped central recess,” the Finegrain design report states. “The façade is highly articulated with the plan form stepping back and forth to reduce visual bulk and maximise internal occupants’ access to natural light and air”.

A hallmark of the proposal is its integration of greenery, both visually and functionally. Around 77 per cent of the site’s green plot ratio is delivered through vertical planting spines, a green podium wall, and rooftop amenity. Ground-level deep planting and landscaped communal zones aim to create a shaded, walkable interface along Manning Street.

“The stepped plan form introduces variation in balcony setbacks and enclosed apartment areas, enriching both the façade expression and the resident experience,” the design team notes. “At ground and podium levels, this stepping also enhances permeability, maximising pedestrian view lines to the neighbouring Skyneedle and reinforcing a strong sense of local identity”.

<img alt="First look: Twin towers proposed for Manning Street site beside Skyneedle" data-entity-type="file" data-entity-uuid="b3f26dfc-6b93-465c-9ffb-0a2530372a23" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Manning%20site.png?VersionId=JflvKdqDxcaHTFbb9HL5TwoiRgeQ2LqA" />

The site directly adjoins the heritage-listed Skyneedle at 35 Manning Street, an enduring legacy of World Expo ’88. The accompanying heritage impact report by Pendergast Architects contends that the proposal has been carefully conceived to protect the cultural significance and landmark visibility of the structure.

“The design provides setbacks, tower separation and podium articulation to maintain the visibility and landmark role of the adjoining Skyneedle,” the report states. “The significance of the Skyneedle lies principally in its landmark visibility and cultural symbolism, rather than in detailed fabric or architectural setting”.

The proposal sits within the Kurilpa Sustainable Growth Precinct, under Brisbane’s TLPI 02/2023, where revised planning controls support high-density, mixed-use development integrated with subtropical design and increased public realm contributions.

Finegrain’s design reflects this intent, drawing cues from the site's adjacency to Musgrave Park, the subtropical landscape of South Brisbane, and cultural landmarks such as QPAC and South Bank.

Twin green towers proposed for Manning Street, South Brisbane site beside Skyneedle

A first-of-its-kind culinary precinct is coming to <a href="https://www.apartments.com.au/developments/melrose-park-nsw-2114">Melrose Park</a>, inspired by global street-food flavours and best-in-class restaurants and entertainment.

Deicorp’s emerging mid-city precinct, <a href="https://www.apartments.com.au/new-apartments/melrose-central-melrose-park-33-hope-street-melrose-park-nsw-2114">Melrose Central</a>, will become the go-to precinct within the wider Melrose Park community, and at its heart, a first-of-its-kind culinary precinct that brings the buzz of Asia’s most iconic food streets to life.

Spanning more than 4,700 sqm, Melrose Central street food precinct is inspired by the energy and vibrant flavours of street-food neighbourhoods from Hong Kong and Tokyo to Seoul and Singapore.

This new destination will be over three times the size of existing offerings like Burwood Chinatown or Westfield Chatswood’s Hawker Lane, positioning Melrose Central as a must-visit dining hub for all of Sydney.

[smartcode_project:default project_id=134220 project_image_fid=289878]

Designed by Anthony Ho of Basalt Studio, this street food concept blurs the lines between culinary theatre, art, and entertainment, offering an immersive experience. Neon-lit laneways thread between open kitchens and live grill stations, while murals, interactive displays, and light installations will bring the precinct to life, trading until late, a first for the area.

“We’ve imagined our street food concept as a graduated evolution of everything people love about Burwood Chinatown, East Village and Regent Place, elevated by the immersive artistry creating a city-style dining offer,” said Bilinda Turner, Head of Retail at Deicorp.

“By curating the very best tenants from across Australia, we’re creating a fit-for-purpose town centre for 2025 and beyond. It’s something that people truly haven’t seen before."

[smartcode_project:default project_id=134220 project_image_fid=352610]

Melrose Central is far more than a food precinct. Spanning 30,000 sqm across four levels, the shopping centre will be home to approximately 100 retailers, providing a total lifestyle offering from morning until late evening.

Fresh food offerings span a brand new Coles Supermarket, Local Grocer, Korean Supermarket, Bakery and boutique fresh food, as well as a Dan Murphy's, while health needs are covered from a pharmacy, medical centre and allied health. Fitness and wellbeing take centre stage from a dedicated wellbeing hub that includes pilates, recovery, Infrared saunas and a gym, to name a few.

Variety stores will feature throughout, as well as personal care offerings from nail salons to hairdressers, as well as a dedicated early-learning centre on level 1.

[smartcode_project:default project_id=134220 project_image_fid=289888]

Situated above the retail precinct will be 495 Turner Studio-designed apartments that open onto 6,000 sqm of lush podium gardens and rooftop terraces.

Located just six kilometres east of Parramatta’s CBD and 15km from Sydney CBD, Melrose Central forms the retail and lifestyle heart of Melrose Park, an urban-renewal precinct that is set to deliver more than 11,000 homes, 22,000 new residents, and 50,000 sqm of park and open space.

A dedicated stop on Parramatta Light Rail Stage 2 will arrive at the precinct’s Hope Street entrance, and the forthcoming Parramatta Gateway Bridge will link directly to Sydney Olympic Park and Wentworth Point.&nbsp;

Supported by a 10-minute drive, this growing catchment of 200,000 people, which is projected to grow to 279,000 by 2026, and an average household income above the Greater Sydney average, Melrose Central embodies Deicorp’s vision for transport-oriented, community-focused placemaking.&nbsp;

Melrose Central street food precinct and the wider Melrose Central retail town centre are both slated to open in mid-2026.

[smartcode_project_cta:default project_id=134220]

Melrose Central: First-of-its-kind culinary precinct coming to Sydney’s West

<a href="https://www.apartments.com.au/developers/sekisui-house-australia">Sekisui House Australia</a> has unveiled the fifth and final stage of its $1 billion Norwest community, The Orchards.

The final stage, <a href="https://www.apartments.com.au/new-apartments/zeste-at-the-orchards-norwest-104-fairway-drive-norwest-nsw-2153">Zeste</a>, will deliver 209 apartments across two distinctive buildings, Essence and Eden. The 135 apartments in Essence will be the first to be released to the market, which will bring to an end the decade-long vision to create a&nbsp;neighbourhood defined by design excellence, sustainability, and community engagement.

&nbsp;

&nbsp;

&nbsp;

[smartcode_project:default project_id=150510 project_image_fid=351878]

David Lee, Sales Manager at Sekisui House Australia said, Zeste's oversized living spaces and diverse apartment mix, which includes the introduction of&nbsp;Breezeway Sky Homes for the first time, deliver a unique lifestyle offering.

Early purchasers will benefit from exclusive VIP pricing as well as the choice of one premium upgrade, which Lee says is a "thank you" for their commitment to the project.

[smartcode_project:default project_id=150510 project_image_fid=351876]

Designed by <a href="https://www.apartments.com.au/architects/rothelowman">Rothelowman</a>, Zeste embodies Sekisui House’s global design philosophy of creating harmony between people, homes and nature. Principal Ben Pomroy explained that Zeste is about living within the landscape.

“With two large courtyards, the lagoon pool precinct for the wider community and a central courtyard with pavilion exclusively for Zeste residents, the architecture frames an experience of living in a park," Pomroy said.

“Over 50 per cent of the site is landscaped, ensuring a deep connection to nature at every stage of daily life. The buildings are designed as a collection of smaller, finer-grain forms, with over 85% of apartments enjoying dual aspects.

“The focus on natural ventilation, generous layouts and communal interaction creates a residential environment that is both sustainable and socially connected.”

&nbsp;

[smartcode_project:default project_id=150510 project_image_fid=351886]

Natalie Shalala, a member of Rothelowman’s interiors team said they reimagined the former site’s Orchard homestead with a contemporary twist. &nbsp;

“The design draws on the nostalgia of the past orchard – timber floors, the warmth of a fireplace, the rituals of the homestead and reinvents them for modern apartment living,"&nbsp;Shalala said.

“We have created two tonal palettes, one with pale honey undertones and another with a soft blush inspired by nectar. A highlight feature is the cathedral glass light box, a bespoke design element that re-interprets the classic lantern. It is both beautiful and functional, tying kitchen and bathroom spaces together in a way that feels entirely unique."

Shalala said the&nbsp;day-to-day liveability has been carefully considered, with abundant storage solutions, butler’s pantries, bike storage and joinery designed to simplify routines and enhance comfort.

&nbsp;

[smartcode_project:default project_id=150510 project_image_fid=352090]

Apartments in Zeste start from $715,000 for one-bedrooms and extend through to expansive three-bedroom Sky Homes priced from $2.25 million. Floorplans range from 59 sqm to 144sqm.

The mix in Essence comprises 41 one-bedroom, seven one-bedroom + Max space, 39 two-bedroom, 40 two-bedroom Breezeway Sky Homes (24 of which include additional Max spaces), and eight three-bedroom residences.&nbsp;

Max spaces are integrated into select residences, offering a flexible room that can be tailored to individual needs, ideal as a home office, children’s play area, or additional storage.

[smartcode_project:default project_id=150510 project_image_fid=351881]

Zeste continues Sekisui House Australia’s partnership with Altogether Group, providing sustainable water, power and data services to residents. Passive design strategies include cross-ventilation, deep landscaping and water features that encourage evaporative cooling, aligning with The Orchards long-term environmental goals.&nbsp;

Construction is set to commence on the Zeste buildings in early 2026, with completion anticipated in late 2027 to early 2028.&nbsp;

More than 850 apartments have been sold across the masterplan, contributing to The Orchards community of 1,300 apartments when complete.

[smartcode_project_cta:default project_id=150510]

Sekisui House Australia launches Zeste, the final stage of its $1 billion Norwest masterplan

A significant addition to the Bella Vista Station Precinct is in the pipeline, with <a href="https://www.apartments.com.au/developers/landen-property">Landen</a> formally lodging a State Significant Development Application for a <a href="https://www.apartments.com.au/new-apartments/40-memorial-avenue-bella-vista-40-memorial-avenue-nsw-2153">new apartment community on Memorial Avenue</a>.

Positioned beside the Elizabeth Macarthur Creek corridor, the project is among the first major transit-oriented residential proposals within the Metro precinct.

The masterplan, designed by&nbsp;<a href="https://www.apartments.com.au/architects/turner-studio">Turner Architects</a>,&nbsp;outlines a four-stage delivery, comprising four buildings between four and fifteen storeys, and includes a mix of one-, two-, and three-bedroom apartments, alongside a limited selection of four-bedroom penthouses and terraces.

The project places a strong emphasis on housing diversity and liveability, with apartment sizes ranging from 50 to 180 sqm. The first stage will deliver 213 dwellings, followed by 231 in the second stage. Construction is expected to commence in 2026, pending approvals.

<img alt="Bella Vista Apartments" data-entity-type="file" data-entity-uuid="bb3d84b1-d2df-4e26-915a-31b27faf9b1a" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/View02_01-scaled.jpg?VersionId=Gb0AUtZ3VXsLxrqUaw_AwT_vcBwQ_FJu" />

As the first transit-oriented development (TOD) in the precinct, Landen’s Bella Vista community has been designed to align closely with the surrounding Metro infrastructure. The proposal integrates new pedestrian and cycling paths, a new bridge over Elizabeth Macarthur Creek, and direct access to Bella Vista Metro Station.

Lush communal amenities are also central to the design. 'The Grove' and the 'Garden Link' will create landscaped community areas that reflect the area's agricultural heritage and provide direct access to the creekside.&nbsp;

The ‘Garden Patio’ is conceived as a multi-use indoor-outdoor facility offering a gym, study nooks, and communal lounge spaces.&nbsp;Rooftop terraces across the buildings will offer views to the Blue Mountains and Parramatta skyline.

<img alt="Bella Vista Apartments" data-entity-type="file" data-entity-uuid="778da409-d5cf-4e7d-9ba9-0c36990bf0b4" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/landen-bella-property-image.jpg?VersionId=ukPpmVcHF71xRc7U3MUT5rtGwOsntMMz" />

Landen’s Head of Property, Shane Harding, said the proposal highlights the developer’s precinct-scale ambition.

“As the first TOD proposal in Bella Vista, it highlights Landen’s ability to pioneer precinct-scale projects, integrate housing with infrastructure, and deliver outcomes that align with government priorities,” Harding told the Daily Telegraph.

The project arrives at a time of rapid growth in Western Sydney, with Bella Vista alone forecast to more than double in population by 2046. The development’s location, between the Bella Vista and Kellyville Metro stations, positions it as a connected lifestyle hub for families, professionals and downsizers seeking access to transport, schools, and employment centres.

Pending approval, the development is slated for completion in 2028.

Landen plans 444-apartment community in Bella Vista Metro zone

Rental Laws

<html><body>
EXPERT OBSERVER
RE/MAX Australia Managing Director Michael Davoren puts his network’s support behind the Real Estate Institute of Queensland’s call to the Queensland Premier to reconsider proposed measures relating to tenancy.
Mr Davoren vehemently agrees with the REIQ that a more balanced and fairer framework providing equal protection for renters and owners of investment properties is needed.
The REIQ has taken the fight to the state government because the right of the landlords has been completely eroded – and the pervading perception of landlords as wealthy landowners is false. Fact is that 77 per cent of singe-property landlords are ‘ordinary people’ earning less than $100,000 a year.
Mr Davoren’s concern is that the current ‘protections’ are potentially devastating to a much broad sector of the population.
I have grave concerns about the information the Queensland Government is basing its decisions on.
People in the real estate industry – residential and commercial - have access to possibly more sectors of the population than any other, and certainly at the grass roots level.
This is about shelter… and when you talk about shelter – whether for residential or commercial premises, for owner occupiers, for tenants, for businesses – all roads lead to real estate.
We in the real estate industry are the experts in our field, just as those in the medical profession are the experts. Stop listening to people who are not the experts.
Mr Davoren agrees that governments have to lean towards the tough side when it comes to COVID-19, the virus itself, because it involves saving lives but he suggests what the Queensland government is doing in relation to landlords and tenants goes beyond dealing with the virus.
It’s a short-sighted vision. If the proposed measures go through, large numbers of landlords will divest themselves of their investment property as soon as they can. The tenant becomes the real loser. With fewer properties to rent, rents will go through the roof.
He said leadership particularly now, needed to demonstrate confidence, strength and sensitivity, and such leadership was drawing the real estate industry together, on its own behalf and on that of real estate consumers, to address how COVID-19 affects the population.
REIP (Real Estate Industry Partners), a group of the largest real estate brands and independents in Australia, is across state boundaries and engages all levels of government. At the state level, all the institutes are stepping up.
Chairman Peter Brewer and CEO Antonia Mercorella have stood up as leaders in a time when good leadership is needed like never before.
He said the Palaszczuk Government was quick to respond to the thousands of letters it received in a day from landlords, following the launch of the REIQ’s ‘Everybody Matters’ campaign.
It was pleasing to read that the Queensland government promised to consult more widely on its proposed rental protections but I sincerely hope this happens in time to prevent  the initially proposed measures being passed when Parliament sits on Wednesday 22 Apri.
MICHAEL DAVOREN is the RE/MAX Australia Managing Director 
</body></html>

j.ballantyne1990-6AQqhLzZaK

RE/MAX head calls for Queensland to rethink COVID-19 rental rules

<html><body>
<div>The Victorian Parliament has passed the Residential Tenancies Amendment Bill 2018, which includes more than 130 reforms providing increased protections for renters, while ensuring rental housing providers can still effectively manage their properties.</div>
<div> </div>
<div>When the new laws come into effect, renters will be able to: </div>
<ul>
<li>have a pet with the written consent of their residential rental provider. Consent can only be reasonably refused through a Victorian Civil and Administrative Tribunal (VCAT) order </li>
<li>make certain modifications without first obtaining the residential rental provider's consent, such as installing picture hooks, and furniture anchors to stop televisions and other heavy items falling on children.</li>
</ul>
<div> Other key changes will: </div>
<ul>
<li>require every rental home to meet basic minimum standards, to be set out in regulations, such as providing functioning stoves, heating and toilets</li>
<li>require residential rental providers to undertake mandatory safety maintenance for gas, electricity, smoke alarms and pool fences</li>
<li>implement the recommendations of the Royal Commission into Family Violence that relate to rental housing. These include: </li>
</ul>
<ul>
<li>allowing victims to end a lease in family violence situations without first needing a final intervention order, and</li>
<li>ensuring victims are not held unfairly liable for debts created by perpetrators of the violence  </li>
</ul>
<ul>
<li>allow caravan and residential park residents to seek compensation if their park closes</li>
<li>clarify rights of entry and photography when a landlord needs to sell a rental property, and</li>
<li>streamline the rules dealing with goods left behind at the end of a tenancy. </li>
</ul>
<div>Work will continue next year on complementary reforms to provide easily accessible and informal dispute resolution through VCAT. </div>
<div> </div>
<div>The reforms respond to extensive community feedback during the Victorian Government’s Fairer Safer Housing consultation to review the Residential Tenancies Act 1997. More than 4,800 public comments were received from a wide range of people and organisations. </div>
<div> </div>
<div>The changes will come into force progressively, and further consultation will be undertaken where necessary to develop guidelines around the new laws. We will provide updates on the new laws as implementation progresses.</div>
</body></html>

The lowdown on Victoria's new rental laws

<html><body>
Despite the popularity of Airbnb, a recent survey reveals that more than 40% of Sydney’s inner-city residents oppose short term renting as a full-time investment and believe strata should be able to ban short-term rentals.
The survey of 1000 residents was commissioned by the City of Sydney Council.
However, the majority of residents supported short-term letting on home sharing platforms such as Airbnb and Stayz if the host stayed in the property or was away on holidays, according to The Australian Financial Review.
But a huge 42% were against short-term letting if it was used as a full-time investment. Only 35% said they are in favour of short-term letting as a full time investment.
The report said 45% only support short-term letting for a limited number of days a year.
Earlier this year, Sydney was ranked the second highest city to recoup investment on a home using a peer to peer rental service like Homeaway or Airbnb with an expected yearly return of 11.96% by peer-to-peer motorhome rental platform SHAREaCAMPER.
The new survey’s finding comes as cities get increasingly tough on Airbnb as a full-time investment tool. Both London and Paris each have 90 day and 120-day limits on entire home rentals on Airbnb.
The survey has sparked off a debate.
Airbnb's head of public policy ANZ Brent Thomas said "one small survey in one corner of inner-city Sydney is hardly a representative or robust basis for policy making right across NSW" and the majority of Airbnb hosts are people who rent out their home, rather than property investors.
Sydney is one of Airbnb's top ten cities globally, with over 22,000 listings.
"The vast majority of our hosts in Australia share their primary residence - the home they live in - for an average of just 30 nights per year," Thomas said.
Airbnb is running an "Airbnb Citizen" campaign asking hosts to fight for "fair home sharing rules" in NSW.
Stayz advisor Richard Colbeck said the short-term letting platform supports a "reasonable framework" to address "genuine amenity concerns" in cities, particular strata blocks.
But Stephen Goddard of Owners Corporation Network, which represents strata, said the survey results show there should be "sensible regulation" of short-term letting.
"We don't want to ban short-term lets, we just want to give apartment owners a say on whether or not it occurs in their respective buildings," Goddard said.
Carol Giuseppi of Tourism Accommodation Australia, which represents the hotels industry, said the survey results show residents support "sensible caps" on the number of nights an entire property could be short term-let.
An NSW parliamentary inquiry had previously recommended Airbnb operators should only be subject to "light regulation".
But in an options paper released in July, the NSW government said it was considering a range of options, from industry self-regulation to giving strata the power to put restrict or prohibit apartment short term letting.
It is also considering putting a restriction on the total days per year that a place can be used for short-term letting. The consultation is ongoing and submissions are due close on October 31.
</body></html>

jonathanchancellor-7SQnKwU6yx

Many Sydney inner city residents against Airbnb letting as 'full-time investment': Survey

<html><body>
When a tenant goes bust, there’s a big impact on the landlord. 
The insolvency practitioner appointed to the tenant has rights and powers under the Corporations Act 2001 (Cth) while the landlord has rights and powers under the lease with the tenant.
Here’s a run-down of who can do what.
Start at the beginning and look at the lease 
The lease is a binding contract between the tenant and landlord, so it’s the first thing to read when the tenant becomes insolvent.
For example, the lease might say that any insolvency event of the tenant constitutes such a breach that the lease is immediately terminated.  Otherwise, the insolvency event may be a breach and the lease stays on-foot at the option of the landlord.
In any event, the appointment of an insolvency practitioner to the tenant doesn’t waive the tenant’s liability to any rent or other amounts outstanding under the lease.
What happens when a receiver is appointed to the tenant? 
A company typically goes into receivership when a secured creditor appoints a receiver to those assets of the company over which the creditor has security. The receiver’s role is to collect and sell enough of the company’s charged assets to pay back the debt owed by the company to the secured creditor.
If a receiver is appointed to a tenant company:
• Within the first 7 days after the appointment, the receiver can give the landlord notice that the receiver doesn’t intend to exercise any rights in relation to the landlord’s property, which means the receiver isn’t personally liable for rent or other amounts payable under the lease during their occupation of the landlord’s premises.  
• If no notice is given, the receiver is personally liable for rent and other amounts payable under the lease from 7 days after the receiver’s appointment until:  
the receiver retires from their appointment; or the company ceases to occupy the landlord’s premises.  
• The receivership doesn’t affect the rights of creditors, which means the landlord can move to take possession of the premises, or enforce the terms of the lease, or commence legal action against the tenant (eg to recover rent arrears).  
• The company does remain liable for rent and other amounts owing under the lease before the receiver’s appointment.  
• Personal guarantees under the lease can be enforced by the landlord during the receivership.
What happens when an administrator is appointed to the tenant? 
An administrator is usually appointed by a company’s directors after they decide the company is insolvent or likely to become insolvent.  The effect of the appointment of an administrator is to provide the company with “breathing space” while the company’s future is contemplated and resolved.
If an administrator is appointed to a tenant company:
• Within the first 5 days after the appointment, the administrator can give the landlord notice that the administrator doesn’t intend to exercise any rights in relation to the landlord’s property, which means the administrator isn’t personally liable for rent or other amounts payable under the lease during their occupation of the landlord’s premises.  
• A notice will cease to have effect if: the administrator revokes the notice in writing; or the company exercises, or purports to exercise rights in relation to the landlord’s property (eg continues to trade from the premises).  
• If no notice is given, the administrator is personally liable for rent or other amounts payable under the lease from 5 days after the administrator’s appointment for so long as: the company continues to use, occupy or be in possession of the premises; and the administration continues.  
• The administration does affect the rights of creditors, which means the landlord can’t move to take possession of the premises, or enforce the terms of the lease, or commence legal action against the tenant (eg to recover rent arrears) without: the administrator’s consent; or leave of a court.  
• The company does remain liable for rent and other amounts owing under the lease before the administrator’s appointment.  
• Personal guarantees under the lease can’t be enforced by the landlord during the administration.
What happens when a liquidator is appointed to the tenant? 
A liquidation brings a complete end to the company. It involves a liquidator realising (selling) the company’s assets, cessation or sale of its operations, distributing the proceeds of realisation among its creditors and distributing any surplus among its shareholders.
If a liquidator is appointed to a tenant company: 
• At any time the liquidator can disclaim the lease and vacate the landlord's premises, which means: the liquidator isn’t personally liable for rent or other amounts payable under the lease and nor is the company during the liquidator’s occupation of the premises; and the landlord can, if permitted by the lease, re-enter and take possession of the premises.  
• If the lease isn’t disclaimed and the liquidator stays in the premises, the liquidator still isn’t personally liable for rent or other amounts payable under the lease although these amounts will be treated as expenses incurred in the liquidation (and therefore paid out of the proceeds of sale of the company’s assets).  
• If the lease hasn’t been disclaimed and the liquidator hasn’t otherwise advised their intentions, the landlord can issue a notice asking the liquidator to confirm their position about the lease and the liquidator has 28 days to respond.  
• The liquidation does affect the rights of creditors, which means the landlord can’t continue or commence legal action against the tenant (eg to recover rent arrears) without leave of a court.  
• The company does remain liable for rent and other amounts owing under the lease before the liquidator’s appointment.  
• Personal guarantees under the lease can be enforced by the landlord during the liquidation. 
What does it all actually mean? 
Our experience of what actually happens and our tips for landlords about how to deal with the situation are these: 
• The insolvency practitioner appointed to the tenant contacts the landlord as soon as possible to say they’ve been appointed and “let’s talk”.  
• The landlord tells the insolvency practitioner the debt currently owing by the tenant under the lease for rent and other amounts, and provides the practitioner with a copy of the lease and proof of the debt. 
• It’s in the landlord’s best interests to work with rather than against the insolvency practitioner to deal with the tenant’s problems, which might include:  
helping the practitioner find a buyer for the tenant’s business in whole or part, and that buyer taking a new lease in the premises;  
if the lease is terminated and disclaimed by the insolvency practitioner, the landlord alone finding a new tenant to go into the premises as quickly as possible; or  
the landlord buying the tenant’s business or assets (eg fit out) from the practitioner and leaving the assets in-situ for a new tenant.  
• Subject to the terms of the lease, the landlord should call upon the tenant’s bank guarantee and take advice on whether any personal guarantee can be pursued as a means to recover the pre-external administration (or any other) debt owing by the tenant under the lease as soon as possible. 
• The landlord has rights as a creditor in the external administration, so should stay engaged and attend creditor meetings with the insolvency practitioner.  
• The landlord should be prepared to have some amount of rent forever unpaid by the insolvent tenant because an insolvent company’s debts are greater than its assets, and there’s only ever a finite amount of money to be split between all the tenant’s creditors.  
This article was produced by <a href="https://www.meyervandenberg.com.au" target="_blank">Meyer Vandenberg lawyers</a>.
</body></html>

Liquidators versus landlords: who wins?

<html><body>
<img src="https://counter.theconversation.edu.au/content/76263/count.gif?distributor=republish-lightbox-advanced" alt="The Conversation" width="1" height="1">
GUEST OBSERVER
For renting to become a truly viable, long-term alternative to home ownership, greater rental affordability and security is needed.
Deloitte Access Economics’ Chris Richardson recently suggested that young Australians would be better off renting than trying to buy a house. He argued:
… rents today make a lot more sense than housing prices.
This may be true. However, the situation for renters is far from clear-cut. Rents continue to increase in Australian cities, and are out of reach for low- and very-low-income earners.
Renters also face substantial housing insecurity. In Australia, 50% of renters are on a fixed-term one-year lease; 20% are on a month-to-month “rolling” lease. 
For renting to become a truly viable, long-term alternative to home ownership, greater rental affordability and security is needed.
Rental affordability
Longer-term structural changes to tackle housing affordability, including boosting the supply of social housing and increasing tenure diversity, will be essential. There are some promising moves, including the recently announced proposal for a bond aggregator model to fund social and affordable housing.
Failing a substantial increase in affordable housing, there will be a need to increase rent assistance payments, particularly in high-cost regions. 
This acknowledges that housing costs differ across the country and that many low-income earners need to remain in high-cost regions. This includes older people whose social and family networks are in these regions, and people who work in these areas.
Many industries in high-cost cities are dependent on people who earn low and very-low incomes. These people have a right – and need – for affordable, secure housing – and a house that is a home.
Affordability is the thin end of the wedge
For renting to become a true alternative to home ownership, greater rental security is needed. 
To move toward secure rentals we need to reward long-term investment. One example might include encouraging institutional investors, including superannuation companies and other businesses that invest in large amounts of rental housing, who are in it for the long haul.
However, there is no reason to assume that institutional investors will offer more affordable rental properties, or be any better landlords than so-called “mum and dad” investors. We therefore need to pursue changes to rental laws to ensure renters, including the growing generation of long-term renters, can experience a secure sense of home. Specific changes include:
Removing no-grounds eviction. The perceived risk of eviction leads to stress for renters. And the right to no-grounds eviction can lead to retaliatory eviction by landlords when tenants exercise their rights, including rights to maintenance and repairs.
The Tenants’ Union of NSW has called for a balancing of landlord and tenant interests through tenancy laws that specify reasonable grounds for termination.
Such laws could follow the German example. In Germany, rental laws ensure security of tenancy while retaining the right of landlords to terminate a lease in certain circumstances, such as if a tenant violates the lease agreement (for example, by not paying rent) or if the landlord requires the property for personal use. 
Rent increases are sometimes a “backdoor” way of evicting tenants. In a recent survey, 11% of renters reported receiving a “rent hike after requesting a repair and 10 percent said that their landlord or agent became angry”. We need stronger regulation of rent increases and stronger penalties for unreasonable increases.
There are precedents for this in other jurisdictions. Germany again provides a great example. There, rent increases are allowed less frequently. And they:
… must be based in the rents of three similar dwellings or a database of local reference rents and rents may not increase more than 20 percent over three years. 
Ensuring the right to make a home. Rental laws need to ensure the right of tenants to make their house into a home, including making cosmetic changes to a property, ability to keep pets, and allowing alterations that would allow an older person or person with a disability to live there.
Some older renters I have interviewed recently have had to move after these types of adjustments were rejected by landlords who thought age-related modifications were not attractive.
In New South Wales, the right to make changes that would ensure a property is liveable for people with different housing needs is being considered as part of the current residential tenancy law review. However, the right to make cosmetic changes is excluded.
Popular wisdom often suggests that tenants and landlords have different interests. In fact, they have very similar interests. Both benefit from secure tenancies and a property that is well maintained and cared for.
Failure to ensure rental affordability and security will require a raft of policy changes in other areas, including pension income calculations that assume home ownership. It will also condemn a generation of long-term renters to increasingly unaffordable and insecure housing.
Emma Power is an ARC DECRA fellow based in the Institute for Culture and Society at Western Sydney University. She can be contacted <a href="https://theconversation.com/profiles/emma-power-250930">here</a>.
</body></html>

jchancellor-FAypfDUnLy

For renters, making housing more affordable is just the start: Emma Power

<html><body>
Rules for keeping a pet in a rental property and the rights of landlords to enter rented premises are among topics Victorians are being asked to have a say on, as part of a Victorian Government review of the state’s rental laws.
Public consultation is underway on the third in a series of issues papers as part of the review.
Rights and Responsibilities of Landlords and Tenants considers how the Residential Tenancies Act 1997 (the Act) sets boundaries around what tenants and landlords can and cannot do throughout the tenancy.
Issues up for discussion include all aspects of letting out a property, from the first application and screening process, to moving in and compensation for ending a lease early.
Director of Consumer Affairs Victoria Simon Cohen said the review is calling for people’s views on matters such as tenants' rights to keep pets and to sub-let a property, tenant privacy and notices to end tenancies.
“The review forms part of the Victorian Government’s Plan for Fairer Safer Housing, and aims to ensure rental laws strike a fair balance between the rights and responsibilities of tenants and landlords across all forms of rental accommodation,” Mr Cohen said.
“We want to hear people’s views on the issues raised by landlords and tenants, as they exercise their rights and responsibilities during the various stages of a tenancy.
“Make a submission by sharing your story, participating in polls, blogs and discussions through the Fairer Safer Housing website."
Feedback on these issues will help identify how the needs and preferences of Victorian landlords and tenants have changed since the legislation came into effect almost 20 years ago, and indicate areas that should be a priority for reform.
Three more issues papers are scheduled for release in the first half of 2016.
“We want to hear from renters and rental property owners from all corners of the state,” Mr Cohen said.
Details about how you can have your say, including information for culturally and linguistically diverse communities, are available on the <a href="https://fairersaferhousing.vic.gov.au/renting" target="_blank">Fairer Safer Housing website</a>.
Issues for public consultation include:
<ul>
<li>the tenancy application process and appropriate screening practices</li>
<li>information that should be disclosed to a tenant at the start of a tenancy</li>
<li>digital technology and the form and service of documents and notices</li>
<li>the process to be followed when a landlord or tenant breaches a duty under the Act</li>
<li>enforcing additional terms in the tenancy agreement, including rules about pets</li>
<li>balancing the right of tenants to quiet enjoyment and the right of landlords to enter premises, particularly where the premises are being sold</li>
<li>balancing the interests of landlords and tenants in respect of sub-letting and lease assignments</li>
<li>reasons a landlord or tenant can terminate a lease, and rules around compensation for lease breaking</li>
<li>what arrangements should apply to goods left behind by a tenant at the end of a tenancy</li>
<li>increasing protections for tenants experiencing family violence</li>
<li>the conduct of agents acting on behalf of landlords.</li>
</ul>
</body></html>

Rental Laws

Editor's Picks

Have something to contribute?

The latest real estate & off the plan properties & news, delivered to your inbox.

Developments

New apartments

New townhouses

News

The latest real estate & off the plan properties & news, delivered to your inbox.

Rental Laws

Editor's Picks

Receive the latest news stories to your inbox

Have something to contribute?

The latest real estate & off the plan properties & news, delivered to your inbox.

Developments

New apartments

New townhouses

News

The latest real estate & off the plan properties & news, delivered to your inbox.