Latest news with #TenantsUnion
The Guardian
29-06-2025
- Business
- The Guardian
Calls for Australia-wide crackdown on real estate ads that use AI to hide faults and lure in renters
The New South Wales tenants union has called for nationwide reforms to crack down on misleading rental advertisements after the state government introduced new laws in response to the growing use of artificial intelligence in real estate. The legislation, announced on Sunday, will require mandatory disclosure when images in rental advertisements have been altered to conceal faults and mislead rental applicants. The state government cited examples of real estate agents using artificially generated furniture that showed a double bed in a bedroom that was only large enough to fit a single in listings, or digitally modifying photos to obscure property damage. The new laws aim to stop the unnecessary collection of personal information to protect renters' personal data. Sign up for Guardian Australia's breaking news email About a third of people in NSW rent their homes and the state government has estimated that about 187,000 pieces of identification information were collected from renters in the state every week, from requiring personal photos and social media account details to revealing the number of tattoos an applicant had. If the bill passes parliament, a standard rental application form will be introduced to clarify what information can and can not be collected. The chief executive of the Tenants' Union of NSW, Leo Patterson Ross, said 'all renters in Australia' should be granted these protections. 'This is an area of renting that has had almost no protection for renters at a time that they are often vulnerable and under pressure to find a new home,' said Ross, who helped consult on the bill. 'We have seen some progress on standardising application processes in other states but they haven't included consideration of the whole range of ways information is being collected or ensuring advertising is an authentic representation of the property on offer, or at least manipulation is disclosed.' Ross said the use of fake photography had become a 'growing frustration' for many amid the growth of AI and digital manipulation. 'Being misled into visiting a property that is not suitable is frustrating for prospective tenants and may mean they miss out on other properties,' he said. 'But it also risks inflating the rent itself by inflating the number of people who appear interested in a place and increasing pressure on someone to rush to put in an application or even offer above the advertised rent.' Ross said just as with AI or embedded networks, governments should look at other important information that may mislead or significantly alter people's interest in properties. 'Landlords could also be required to disclose at the advertising stage the age of the photos being used, the repairs and other compliance history, the energy efficiency performance … and provide floor plans for the property as well as current required disclosures,' he said. Sign up to Breaking News Australia Get the most important news as it breaks after newsletter promotion The minister for better regulation and fair trading, Anoulack Chanthivong, said renters were 'entitled to dignity and privacy when living in a rental property – and this extends to their personal information too'. 'These reforms are a very commonsense solution to a very real problem for people in the rental market, and I would love to see other states and territories follow NSW's lead,' he said. 'Regulation reform is an ongoing journey and of course we are always looking at options to improve protection for consumers in the property market.' Corporations for agents and landlords would be up for penalties of $49,500 if they broke the privacy rules, or $11,000 for individuals, under the new laws. Individuals would be imposed $5,500 fines or $22,000 for businesses for non-disclosure of misleading or altered photographs. The NSW rental commissioner, Trina Jones, said cyber breaches and data theft were a 'major privacy risk' to individuals and the businesses the collected and held information. 'There's a cyber breach reported in Australia every six minutes,' she said. 'Renters shouldn't have to trade away their privacy just to find a place to live.' The chief executive of the Real Estate Institute of NSW, Tim McKibbin, said for the purposes of real estate transactions, including residential rentals, there was often a necessity for agents to collect some personal information. But he said when that no longer existed, information should be deleted. He said uploading photography that didn't accurately represent the property was a 'false and misleading' practice.
Daily Mail
04-06-2025
- General
- Daily Mail
Major victory for renters after hated rule is revoked for millions of Aussies
Renters in Tasmania will no longer need to pay to get their carpets professionally cleaned when vacating a rental following a court battle over a 'small yellow stain'. A 'blanket' clause requiring tenants to get their carpets cleaned at the end of a lease was previously commonplace in contracts for rentals in Tasmania. It had not been legally tested but was protected by the Real Estate Institute of Tasmania (REIT) until a court dispute saw the clause recently overruled. The Residential Tenancy Commission (RTC) ruled carpets would only have to be professionally cleaned at the expense of the exiting tenant if they were found to be in a worse condition than they were at the start of the lease. The ruling came after the Tenants Union of Tasmania (TUT) represented a renter from Burnie, on the island's north coast, after part of their bond was withheld in order to pay for all the carpets in their rental to be professionally cleaned. It came after their landlord found a 'small yellow stain' on the bedroom carpet. The stain had not been recorded in the condition report and no other photos were supplied of any damage to the other carpets in the home. The RTC found the tenant was only responsible for the cost of cleaning the single stain and awarded their landlord $25 for cleaning. 'I will award an amount I consider reasonable given the stain in question is very small, even when photographed close up,' the ruling stated. 'The owner is awarded $25 for carpet cleaning.' The RTC went even further, declaring tenants will no longer have to pay for professional carpet cleaning at the end of a residential tenancy. 'A tenant is not responsible for carpet cleaning performed as a matter of general practice as opposed to any real need or genuine failure of the tenant, in accordance with their obligations,' the commission ruled. Tenants Union senior solicitor Andrew Smith told the ABC the ruling made the 'blanket clause' requiring carpets to be professionally cleaned 'invalid'. 'A tenant has the right not to do it, if they've left it in the same condition as when they moved in and there's proof of that,' he said. 'So as always, tenants should take their own photos when moving in and carefully make any notes in any condition reports they (are) provided.'
News.com.au
03-06-2025
- Business
- News.com.au
Mandatory professional carpet cleaning in Tasmanian rent agreements ruled invalid
Renters have walked away with a win after a recent bond dispute over a 'small yellow stain' ended with a ruling a tenant is not necessarily required to have the carpet professionally cleaned when vacating. The Residential Tenancy Commission (RTC) ruled Tasmanian tenants are only required to get on the tools if they leave the carpet in a worse state than when they began their lease. It is understood the requirement appears in rental contracts 'all the time' as it is in the standard lease agreement provided to landlords by the Real Estate Institute of Tasmania. The finding by the RTC reads: 'A tenant is not responsible for carpet cleaning performed as a matter of general practice as opposed to any real need or genuine failure of the tenant, in accordance with their obligations.' The Tenants Union of Tasmania represented the tenant regarding the Burnie property. It said this was the first definitive ruling on the matter and was a legally enforceable decision. 'It really shines a light that a blanket clause in standard tenancy agreements that says you have to have premises professionally cleaned is invalid,' Tenants Union senior solicitor Andrew Smith told ABC News. 'A tenant has the right not to do it, if they've left it in the same condition as when they moved in and there's proof of that. 'So as always, tenants should take their own photos when moving in and carefully make any notes in any condition reports they (are) provided,' he added. 'It is in the standard Real Estate Institute lease that almost all real estate agents will use and a lot of private landlords will choose to use, even some social housing providers are using these leases.' The case which led to the historic ruling was regarding a 'small yellow stain' on the carpet of one of the bedrooms – which was not recorded in the ingoing condition report at the start of the lease. No other photos of the carpet's condition were provided at the end of the lease period, with the commissioner ruling the tenant was only responsible for the cleaning of that one stain. 'Given the stain in question is very small … the owner is awarded $25 for carpet cleaning.'
ABC News
03-06-2025
- Business
- ABC News
Requirement for professional carpet cleaning at end of lease ruled invalid in Tasmania
Tasmanian tenants are not necessarily required to have their carpets professionally cleaned when they vacate their rental property, despite "almost all" leases saying they are, a ruling has found. In a recent bond dispute regarding a Burnie property, the Residential Tenancy Commissioner found the tenant is only required to have the carpet professionally cleaned if they leave it in a worse state than when they began their lease. "A tenant is not responsible for carpet cleaning performed as a matter of general practice as opposed to any real need or genuine failure of the tenant, in accordance with their obligations," it states. The Tenants Union of Tasmania, which represented the tenant, said this was the first definitive ruling on the matter and was a legally enforceable decision. "It really shines a light that a blanket clause in standard tenancy agreements that says you have to have premises professionally cleaned is invalid," Tenants Union senior solicitor Andrew Smith said. "A tenant has the right not to do it, if they've left it in the same condition as when they moved in and there's proof of that. Mr Smith said despite the ruling, the condition to have carpets professionally cleaned was appearing in leases "all the time", as it was in the standard lease provided to landlords by the Real Estate Institute of Tasmania. "It is in the standard Real Estate Institute lease almost all real estate agents will use and a lot of private landlords will choose to use, even some social housing providers are using these leases," he said. The Real Estate Institute of Tasmania has declined to comment. In the case that led to this ruling, the Residential Tenancy Commissioner said the owner had provided a photo of a "small yellow stain on the carpet of one of the bedrooms, which was not recorded in the ingoing condition report". But no other photos had been supplied showing the condition of the carpet at the end of the tenant's lease. Hence, the commissioner said the tenant was only responsible for the cost of cleaning that one stain. "I will award an amount I consider reasonable given the stain in question is very small, even when photographed close up," the ruling states. "The owner is awarded $25 for carpet cleaning." The case also dealt with the cost of fumigating the property, given the tenant had a pet. The tenant had argued the same principle should apply to fumigation as carpet cleaning, but the commissioner took a different view. "While I understand they seem similar in nature, carpet cleaning is predominantly cosmetic and the requirement can be determined based on outgoing photographs," the ruling says. "Fumigation is considered a necessary measure to return the property to a hygienic state and remove pests, dander and other allergens associated with pets in the premises. "Therefore, I am satisfied that a requirement for fumigation at the end of a tenancy is reasonable and is not inconsistent with the [Residential Tenancy] Act." The Tenants Union said it did not agree entirely with the commissioner's interpretation of the law. "We think it's a similar issue and that clauses requiring professional fumigation unconditionally are also invalid if they're not required by the condition of the premises," Mr Smith said. "Say if the tenant had a dog that always stayed outside or simply a fish in a fish tank, why is a tick and flea spray required inside the premises?"
ABC News
19-05-2025
- Business
- ABC News
Laws ending no fault evictions come into effect in NSW
Skip to main content 33m ago 33 minutes ago Mon 19 May 2025 at 2:43am Leo Patterson Ross, the CEO of the Tenants' Union of NSW, say the new rental laws will make a positive difference, but still leave loopholes for landlords.
