Your Certificate of Title and Identity Fraud

What is a Certificate of Title or eCT?

If you are a home owner, your Certificate of Title (land title deed) is an instrument executed by the Registrar General at the Land Registry Services, and is evidence of your ownership of your property. In 2018, all paper Certificates of Title held by the banks were converted to electronic certificates of title called eCT’s.

Where is the Certificate of Title normally kept?

If your property is mortgaged, your eCT is held by the mortgagee – the person or entity who lent the money to you, for example the Bank.
If you do not have a mortgage, your paper Certificate of Title should be kept in a safe place, for example:

• With your solicitor
• In a safe deposit with the Bank
• In a safe place with your other personal papers

What happens if a Certificate of Title is destroyed or misplaced?

If a Certificate of Title is destroyed or misplaced a new Certificate of Title may be obtained from the Land Registry Services. In order to obtain this new document, you must meet the requirements of the Land Registry Services which include:

• Completion of an Application form
• Documents proving your identity
• Documents proving your ownership of the land

Identity Fraud

In the recent case of Chandra & Anor V. Perpetual Trustees Victoria Ltd & Ors, a false application was made for a new Certificate of Title, and as a result the property was able to be mortgaged without the homeowners consent.
Some steps to prevent identity fraud

• Always keep your personal documents in a safe place
• Never sign a document you are unsure of
• Never divulge your passwords or PIN numbers to anyone
• Lock your mailbox or obtain a Post Office box
• Only provide personal information if it is necessary

If your property is not mortgaged, keep your paper Certificate of Title in a safe and secure place.

At Everingham Solomons, we have the expertise to assist you with all legal matters regarding your home, because Helping You is Our Business.

Click here for more information on Suzanne Hindmarsh.

 

Residential Tenancies Act – Water Efficiency Measures (Part 7)

 

There have been amendments as to what water efficiency measures a landlord needs to undertake under Residential Tenancies Act 2010 and new Residential Tenancies Regulation 2019 which commenced on 23 March 2020

Before a landlord is able to pass on water usage charges to the tenant, the residential property must be separately metered, meet the water efficiency measures prescribed by the Residential Tenancies Act, and the charges must not exceed the amount payable by the landlord (according to the water supplier’s bill or other evidence).

The changes provide additional water efficiency measures, including all taps and toilets on the property need to be checked at the start of a tenancy so any leaks are fixed. Taps and toilets must also be checked whenever any other water efficiency measures are installed, repaired, upgraded or any leaks fixed. This requirement applies to existing and new tenancy agreements from 23 March 2020.

From 23 March 2025, all toilets in rented properties must be dual flush with a minimum three-star rating in accordance with the Commonwealth Water Efficiency Labelling and Standards (WELS) scheme. The WELS scheme uses a rating system to help consumers make informed choices about the water efficiency of products they buy.

Landlords who intend to replace or upgrade existing toilets in their property should consider installing dual flush toilets with a minimum three-star WELS rating to meet the water efficiency requirements by 23 March 2025.

If you need assistance with any property or land matters contact Everingham Solomons because Helping You is Our Business.

Click here for more information on Suzanne Hindmarsh.

 

Residential Tenancies Act – Break fees payable by tenant (Part 6)

ReThere are new break fees payable by a tenant who wishes to break a fixed term lease under Residential Tenancies Act 2010 and new Residential Tenancies Regulation 2019 which commenced on 23 March 2020

Mandatory break fees apply to all fixed-term agreements of 3 years or less, when a tenant ends the agreement early. This applies to agreements that are entered into from 23 March 2020.

The break fees are:

• 4 weeks rent if less than 25 per cent of the agreement has expired
• 3 weeks rent if 25 per cent or more but less than 50 per cent of the agreement has expired
• 2 weeks rent if 50 per cent or more but less than 75 per cent of the agreement has expired
• 1 weeks rent if 75 per cent or more of the agreement has expired

For example:

• If 7 months of a 12 month tenancy agreement (or 58 per cent) has expired, a tenant would need to pay a fee equal to 2 weeks rent to the landlord to end the agreement early
• If 2 months of a 6 month tenancy agreement (or 33 per cent) has expired, the tenant would need to pay a fee equal to 3 weeks rent to the landlord to end their agreement early

If you need assistance with any property or land matters contact Everingham Solomons because Helping You is Our Business.

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Residential Tenancies Act – Tenants damage and modifications (Part 5)

There have been amendments as to what constitutes damage and the rules regarding removing modifications under Residential Tenancies Act 2010 and new Residential Tenancies Regulation 2019 which commenced on 23 March 2020

Tenants are responsible for any damage they cause to the property.

At the end of the tenancy, a tenant is responsible for leaving the property in the same condition as at the start of the tenancy, except fair, wear and tear. This includes making sure any alterations, additions or renovations are removed and also fixing any damage caused to the property. A tenant can choose whether to remove any ‘fixtures’ they have installed, provided they repair or compensate the landlord for any damage caused by removing the fixture. A tenant cannot remove any fixtures if the landlord paid for them.

If tenants do not remove the alterations, additions or renovations to a satisfactory standard, or the work is likely to adversely affect the landlord’s ability to let the premises to other tenants, the landlord may apply to the NSW Civil and Administrative Tribunal to seek compensation from the tenant for the costs involved.

If you need assistance with any property or land matters contact Everingham Solomons because Helping You is Our Business.

Click here for more information on Suzanne Hindmarsh.

Residential Tenancies Act – Can a tenant alter the premises? (Part 4)

There have been amendments as to what constitutes alterations of a ‘minor nature’ under Residential Tenancies Act 2010 and new Residential Tenancies Regulation 2019 which commenced on 23 March 2020.

The new Regulation lists the kind of fixtures, alterations, additions or renovations that are ‘minor’. Some examples are:

• securing furniture to a non-tiled wall for safety reasons
• fitting a childproof latch to an outdoor gate of a single dwelling, installing child safety gates inside the property or window safety devices
• installing/replacing an internal window covering e.g. curtains, removable blinds, installing cleats/cord guides to secure blind/curtain cords
• installing a wireless removable outdoor security camera
• applying shatter-resistant film to window/glass doors
• planting vegetables, flowers, herbs or shrubs (shrubs that don’t grow more than 2 metres) in the garden if existing vegetation/plants do not need to be removed
• installing hand-held shower heads/lever-style taps to assist elderly or disabled occupants. A landlord will require a qualified person to carry out this installation.
• installing a phone line/internet connection. A landlord may require a qualified person to carry out this installation.

Tenants need the landlord’s written consent to install fixtures, make alterations, additions or renovations. The tenant must pay for the fixture they install or for any alteration, renovation or addition to the property they make, unless the landlord agrees otherwise. If the tenant’s request for a fixture, alteration, addition or renovation is of a ‘minor nature’ then the landlord must not unreasonably withhold consent or to place conditions on the consent.

The above changes do not apply if a property is listed on the loose-fill asbestos insulation register, or is a heritage item. Some restrictions and exclusions also apply to property in a strata scheme, residential land lease community, or to social housing properties.

If you need assistance with any property or land matters contact Everingham Solomons because Helping You is Our Business.

Click here for more information on Suzanne Hindmarsh.

Residential Tenancies Act – Smoke Alarm Obligations (Part 3)

There are new smoke alarm obligations for landlords and tenants under Residential Tenancies Act 2010 and new Residential Tenancies Regulation 2019 which commenced on 23 March 2020.

Landlords need to ensure smoke alarms installed in a rented property are in working order.

Under the new Regulation, a landlord must repair/replace a battery-operated or hardwired smoke alarm and:

• carry out annual checks to ensure all smoke alarms installed at the property are in working order
• replace a removable battery in all smoke alarms in the period specified by the smoke alarm manufacturer (for a removable lithium battery) or otherwise annually
• repair/replace a smoke alarm that is not working within 2 business days of becoming aware that it is not working
• provide more than an hour’s notice to the tenant to replace or carry out repairs to the smoke alarm
• replace a smoke alarm with a new smoke alarm within 10 years from the manufactured date, or earlier if specified by the smoke alarm manufacturer.

If the landlord has not carried out their obligations (penalties apply if fail to comply), a tenant is able to do so. If the tenant carries out the replacement of a removable battery or a removable back-up battery, they must:-

• notify the landlord that tenant will replace the battery
• replace the battery within 2 business days of the notification
• notify the landlord within 24 hours of replacing the battery in the smoke alarm

A tenant who replaces a removable battery is entitled to reimbursement for repair/replacement of the smoke alarm battery by the landlord within 7 days after giving written notice to the landlord and must provide:-

• details and costs of the repairs/replacement,
• copy of receipt/invoice paid by the tenant
• receipt to be given to the landlord as soon as practicable after the repair/replacement was carried out

If you need assistance with any property or land matters contact Everingham Solomons because Helping You is Our Business.

Click here for more information on Suzanne Hindmarsh.

Residential Tenancies Act – What is fit for habitation? (Part 2)

There are new minimum standards to clarify “What premises are fit for habitation” under Residential Tenancies Act 2010 and new Residential Tenancies Regulation 2019 which commenced on 23 March 2020.

Currently landlords are required to provide a rented property in a reasonable state of cleanliness and ‘fit for habitation”. The changes introduce 7 minimum standards which clarify what ‘fit for habitation’ means.

To be fit to live in, the property must (as a minimum):

1. Be structurally sound
2. Have adequate natural or artificial lighting in each room, except storage rooms or garages
3. Have adequate ventilation
4. Be supplied with electricity or gas, and have enough electricity or gas sockets for lighting, heating and other appliances
5. Have adequate plumbing and drainage
6. Have a water connection that can supply hot and cold water for drinking, washing and cleaning
7. Have bathroom facilities including toilet and washing facilities that allow users’ privacy

Landlords need to ensure their rented properties meet the minimum standards to be fit for habitation. Rented properties are already required to be fit for habitation and should already meet these basic standards.

The property could have other issues that may make it unfit for a tenant to live in, even if it meets the above 7 minimum standards. Before the property is rented out, the landlord or the agent should take steps (such as make repairs) to make sure the property is fit to live in.

These standards must be maintained throughout the tenancy (by making repairs).

If you need assistance with any property or land matters contact Everingham Solomons because Helping You is Our Business.

Click here for more information on Suzanne Hindmarsh.

New Form of Residential Tenancies Act (Part 1)

There’s been amendments to the Residential Tenancies Act 2010 and new Residential Tenancies Regulation 2019 which commenced on 23 March 2020.

The purpose of the changes are to improve the tenants’ renting experience while ensuring landlords can improve management of their properties.

The aim of the changes are:-

* to assist with reducing disputes over repairs and maintenance,
* increase protection and certainty for tenants, and;
* clarify the rights and obligations of tenants and landlords.

One of these changes is a new form of Residential Tenancy Agreement and Condition report to be used for agreements entered into from 23 March 2020.

Landlords or agents will also need to sign an acknowledgment on the tenancy agreement that the landlord has read and understood the Landlord Information Statement. No signature is required on the document itself, however penalties apply if the document is not read and understood.

A new Tenant Information Statement will replace the current New Tenant Checklist that landlords/agents must give a tenant before the tenant enters into a Residential Tenancy Agreement. A landlord/agent must not make false or misleading statements or knowingly conceal certain material facts from a prospective tenant before they sign an agreement. There is now an updated list of material facts a landlord/agent must disclose to a tenant prior to entering into a tenancy agreement which I will explain in upcoming articles.

If you need assistance with any property or land matters contact Everingham Solomons because Helping You is Our Business.

Click here for more information on Suzanne Hindmarsh.

Notification of new address details after selling your property

So you have sold your house and moving to a new property, who do I need to notify?

First, you should contact Australia Post and complete the mail redirection form to have any mail redirected to your new address. This redirection can be for a period of 1, 3, 6 or 12 months. You also need to ensure everyone in the household will be covered under the redirection form.

Some government departments like Roads & Maritime Services and the Firearms Registry have requirements that you need to advise them within 14 days of your change of address.

The other organisations/businesses you need to advise of your change of address are:-

• Roads & Maritime Services for your driver’s licence, vehicle/trailer/caravan and boat registrations
• Firearms Registry
• Services Australia: – Centrelink, Medicare, Child Support Agency
• Department of Veterans’ Affairs
• Australian Taxation Office
• Electoral Commission
• Recreational Fishing Licence

• Bank/Credit Union/Financial Institution
• Insurance providers
• Company Share registries
• Tradesperson/professional licence i.e. plumber/builder and real estate agent/conveyancer
• Accountant/Financial Advisor
• Solicitor
• Superannuation Fund
• Childcare/School/Tertiary
• Utilities e.g. Electricity/Telephone/Water/Gas/Council rates
• Pet Registration

• Doctor/Dentist/Optomerists/Podiatrist/Physiotherapist/Chiropractor etc
• Private Health Insurance
• Pap Test registry
• DonateLife

• Magazine subscriptions
• E-toll provider
• Seniors Card
• Internet provider
• Pay TV/Netflix etc
• Loyalty/Reward cards
• Gym
• Family and friends

Most of the above organisations/businesses can be updated online or some you may need to physically attend and provide an identification document. Don’t forget that it is also essential that you contact the above organisation/businesses if you receive a new email address or mobile phone number.At Everingham Solomons we have the experience and expertise to assist you because Helping You is Our Business.

Click here for more information on Suzanne Hindmarsh.

What is land tax?

Land tax is levied by NSW Government on 31 December each year on all property you own that is above the land tax threshold.

Generally, you don’t pay land tax on your home, known as your principal place of residence or your farm, known as primary production land. There are further exemptions which cannot be dealt with in this article.

You pay tax based on the combined value of all taxable land you own, not on each individual property. If the combined value of your land does not exceed the threshold, no land tax is payable.

For 2020 tax year, the general threshold is $734,000.

Land tax is now able to be paid online. Property owners can easily register by visiting the land tax online portal and entering the Correspondence ID and Client ID found on their 2019 Notice of Assessment. If these details have not been received before, there is a pre-registration page on Revenue NSW website.

Once the online registration has been confirmed, property owners can opt-in to receive their future Notice of Assessment via email as well as:-

  • Lodge a return, request an exemption or make any changes to property details
  • View a summary of the assessment notice and account balance
  • Use the online calculator to estimate the amount of land tax liability
  • View or update contact details and foreign person status
  • Send documents to support an application, or in relation to a query
  • View an online service history summary
  • View land holdings and any exemptions
  • Track requests

If you have any questions on land tax or other legal issues, we have a team of experienced people who will be able to assist because Helping You is Our Business.

Click here for more information on Suzanne Hindmarsh.