Residential Tenancies Act stuff up excludes public housing tenants in heritage properties

It could be called a loophole or a simple stuff up, but it has been discovered that public housing tenancies in heritage properties are exempt from the Residential Tenancies Act 2010, except for Part 7.

The Brown Couch – the tenants union of NSW blog – revealed the revelation, which sees more than 500 properties affected, and named it a 'stuff up'.

Landlords who own certain types of heritage properties are also exempt from the Act, as are the NSW Land and Housing Corporation.

Tenants and landlords in heritage properties cannot use the residential tenancy act as a point of reference, and dispute resolution for tenants would go under a Consumers Claims Act through the Consumer, Trader and Tenancy Tribunal.

Housing NSW’s proceedings for termination would have to go through the local court or Supreme Court under the Landlord and Tenant Act 1899.

Tenants still have legal rights and obligations however, under the lease signed with Housing NSW.

Affected properties:

• · Approximately 200 premises in Millers Point and Dawes Point (being premises listed on the State Heritage Register as items of State heritage significance under the Sydney LEP 2012);

• · Approximately 89 premises in Woolloomooloo (being items of local heritage significance under the Sydney LEP 2012)

• · Approximately 89 premises in Waterloo (being items of local heritage significance under the Sydney LEP 2012);

• · Approximately 39 premises in Pyrmont (being items of local heritage significance under the Sydney LEP 2012);

• · Approximately 36 premises in Glebe (being items of local heritage significance under the Sydney LEP 2012);

• · Approximately 31 premises in South Granville (being items of local heritage significance under the Parramatta LEP 2011);

• · Approximately 13 premises in Darlinghurst (being items of local heritage significance under the Sydney LEP 2012);

• · Approximately 12 premises in Surry Hills (being items of local heritage significance under the Sydney LEP 2012);

• · Approximately three premises in North Sydney (being items of local heritage significance under the North Sydney LEP 2001);

• · Premises in the Strickland Buildings, Chippendale (being an item of local heritage significance under the Sydney LEP 2012);

• · Premises in the Alexandra Terraces, Camperdown (being an item of local heritage significance under the Sydney LEP 2012);

• · Premises in the former Salvation Army College, Petersham (being an item of local heritage significance under the Marrickville LEP 2011)

Community housing tenancies are not affected, nor are public housing tenancies in properties that are part of a heritage conservation area on a local heritage register are not affected.

 If you have any concerns or queries about the exemption, please contact your local Tenants Advice and Advocacy Service.