The NSW Government is working to make renting fairer by cracking down on unlawful evictions using purpose-built data-matching technology to enforce re-letting exclusion periods.
Last year, NSW rental laws introduced re-letting exclusion periods as part of its ban on no-grounds evictions. Under the reforms, landlords who evict a renter cannot re-let their property within a certain time period, ranging from four weeks to 12 months, depending on the reason for eviction.
Using a bespoke new data-matching tool, the NSW Rental Taskforce identified around 600 properties for potential breaches of exclusion periods, which resulted in 13 formal warnings and 12 fines totalling $50,050. Only 4% of the identified properties have required further investigation or disciplinary action to date, demonstrating the effectiveness of these new laws.
One case in September last year saw an agency fined $35,750 after a property was re-let during an exclusion period without seeking an exemption from NSW Fair Trading.
These breaches were detected through the Taskforce’s use of sophisticated technology that continuously scans all major online rental advertising platforms to find properties being advertised for re-letting during exclusion periods.
This specialised compliance technology reflects the Rental Taskforce’s proactive enforcement approach and is supported by an $8.4 million investment across four years to strengthen compliance in the rental market.
Minister for Better Regulation and Fair Trading, Anoulack Chanthivong said the NSW Rental Taskforce’s results speak for themselves.
“We’re using data and innovation to make compliance easier for honest operators while cracking down on those who break the rules.
“This is all part of the Government’s plan to create a fairer, more transparent rental market for everyone in NSW.
“Renters now have greater protections than ever before. While the Liberals gave renters broken promises for 12 years, the Minns Labor Government has given them results.”
NSW Rental Commissioner, Trina Jones said mandating re-letting exclusion periods helps create a fairer rental market by ensuring that there are genuine reasons for eviction. This is especially important because potential breaches of exclusion periods can be indicative of possible unlawful evictions.
“NSW Fair Trading’s intelligence-led approach means the highest-risk breaches are targeted quickly and effectively, rather than relying on complaints alone. This is smarter regulation in action,” Commissioner Jones said.
“With more than 600 properties under active monitoring and only four per cent requiring investigation, innovation like the re-letting tool mean as regulators we can have a greater focus on problem areas without burdening compliant landlords and agents.”
Renters, landlords and agents are encouraged to report misconduct to NSW Fair Trading by visiting https://www.nsw.gov.au/departments-and-agencies/fair-trading/complaints-and-enquiries/housing-and-property or on 13 32 20.
