Land lease community news

Tenants' Union Annual Reports
It's been another year of great results for the Tenants' Union of NSW: 1 million sessions on tenants.org.au for critical renting information; 3,934 people helped with their renting issues; 1,500 workers trained in Residential Tenancy law; $80,000 recovered for 93 parks residents overcharged for electricity; We got 'no grounds' evictions on the political and media agenda, and built support for changes to make renting laws fairer. Read more in our Annual Report.
Mary Preston
Mary Preston is an amazing member of our network of land lease community residents. She works for fairness in her community and gathers frequently with other members of the network to discuss issues and solutions. Mary recently appeared on ABC's 7.30 Report in an investigation into embedded networks in land lease communities.
Parklea land lease community residents
A few weeks ago the Tenants' Union of NSW successfully represented 93 residents from Parklea residential land lease community in Tribunal applications regarding unfair electricity charges. Residents will now receive a refund totalling approximately $80,000 for incorrect charges in their embedded electricity network dating from November 2015. This important case will assist residents across NSW to challenge overcharging for their electricity.
Tenant Advocates at the Network Meeting
This is the initial response from Tenants' Union of NSW, resourcing body for 19 NSW-based Tenancy Advice and Advocacy Services, to the release of funding agreements from 2019-2022 for NSW Government funding for the Tenants Advice and Advocacy Program. We welcome the continued funding of tenancy services. Renters in NSW need and appreciate the services they receive from TAASs. However, we estimate 1 in 3 seeking assistance are missing out. It makes no sense that funding isn’t increased when we know there is interest available from renters' own money in the Rental Bond Board and Property Services account.
Outasite article
The assignment of site agreements has been an ongoing issue since the commencement of the Residential (Land Lease) Communities Act 2013 on 1 November 2015. The problem lies with a drafting error in section 45(3) and relates to whether an operator can unreasonably refuse a request for assignment of a site agreement.
Outasite article
This may sound like a silly question but the answer is not always as obvious as you may think. The Residential (Land Lease) Communities Act 2013 defines an operator as being ‘the person who manages, controls or otherwise operates the community, including by granting rights of occupancy under site agreements or tenancy agreements whether or not the person is an owner of the community’. An owner is ‘the owner of the land on which the community is located’. Sometimes the owner and operator are one and the same and sometimes they are different.
Outasite article
The main factor that affects affordability for home owners living in land lease communities is site fees. When they increase it can have a major impact. As mentioned in the article on cooperative communities, site fees are reaching extraordinary levels in some communities and many home owners are struggling. In this article we look at the three methods used to increase site fees and how home owners might dispute unfair increases.
Beverley and Brian Welch
The Residential (Land Lease) Communities Act 2013 (the Act) provides home owners with the right to sell their home on site. The Act also states the operator must not cause or permit any interference, or any attempt to interfere with a home owner’s right to sell the home. Similar provisions appeared in the (now repealed) Residential Parks Act 1998 yet arguably park owners and operators have always interfered in home sales. Will a recent decision of the NSW Civil and Administrative Tribunal bring a change in operator behaviour?