The new Residential Tenancies Act 2010 (NSW) commenced on 31 January 2011. The first major revamp of the State’s residential tenancies legislation in more than 20 years, it includes a number of positive innovations.
Residential tenancy databases are, for the first time, subject to a strong regime of regulation. The new Act prescribes the circumstances in which a person’s name and other information may be listed on a database, and timeframes for the removal of listings — including a maximum period of three years. Listed persons are entitled to be informed of the listing, and may apply to the Consumer, Trader and Tenancy Tribunal for orders that inaccurate, out-of-date or unjust listings be removed. The new provisions apply in relation to new listings and, from 1 May 2011, to current listings that were made before the Act’s commencement.