Condition Reports record the general state of repair and condition of
the rental premises at the beginning and end of the tenancy. If an
issue arises about damage or disrepair to the premises, the Condition
Reports are used as evidence by the Tribunal or Court to determine who
is liable.
A template of the Condition Report can be found on the Department of Fair Trading NSW website by searching for “Tenancy Condition Report”. Instructions on how to complete the form are included in the document.
The landlord/agent must give you 2 copies when you move in. Complete and return the report within 7 days of moving in. Return 1 copy to the Landlord/agent and keep the other.
If the landlord/agent does not give you a condition report, write a detailed report on the condition of the premises yourself, include photos and have a witness sign and date it.
On occasion I am approached by perplexed Employers who mount a convincing case that, despite their best efforts at determining whether a particular Employee has abandoned their employment or not, for all intents and purposes it appears that the Employee has no intention of returning to their previous position. So is it enough that a position can be advertised even though an Employee has not responded to emails, phone calls, faxes (yes, some businesses still use them, believe it or not!), letters, etc, for over a month? Whilst there are some modern awards that do contain provisions dealing with the abandonment of employment, what about the rest of us? What are we supposed to rely upon?
Although you may find it somewhat surprising, an Employer cannot infer abandonment until and unless it becomes clear that the Employee has clearly expressed their intention that they no longer intend to be employed. Seems overly onerous at first blush, doesn’t it? The Caselaw on the matter indicates that it is unacceptable for an Employer to conclude that an Employee has abandoned their employment by failing to attend work or failing to respond to correspondence requiring the production of further evidence. This is especially so where there is some behaviour that indicates that the Employee does not intend to terminate their Employment Contract.
There is however guidance available to Employers who are looking at establishing whether a case for or against abandonment is likely. These include the Employer undertaking their best efforts to contact the Employee via phone, Facebook, email, etc, and discussing the matter; establishing formal contact by registered mail; verifying with external organisations such as Workers Compensation personnel, Doctors, etc, that the Employee has not notified them of their absence; and being conscious of the Employee’s personal circumstances. For instance, whether there has been a death in the Employee’s immediate family requiring unexpected travel overseas where contact is limited, mental health issues, etc. To discuss further, please do not hesitate contacting Zena Dabboussy-Bardouh, Principal of ZDB Legal Services, on (02) 9758 8133 or zena@zdblegal.com.au. After all, the last thing you want and need is having to deal with an Unfair Dismissal Claim!
Just when we thought we were about to settle into a new regime of fencing pool requirements in NSW, further changes have been recently made. These changes will come into effect shortly from 29 April 2016.
For everyone out there looking to sell or lease their property, you will be required to attach either a Certificate of Compliance or non-Compliance (in the latter case, attaching what needs to be fixed) to the Contract for the Sale of Land or Residential Tenancy Agreement, respectively.
What we will now have in place is a system whereby responsibility for making non-compliant pools compliant will shift from the Vendor to the Purchaser. In such instances, the Purchaser will have 90 days in which to rectify non-compliant pools barriers. To discuss the requirements further, please do not hesitate calling me on (02) 9758 8133, and I will put you in contact with a reputable Pool Inspector who will further outline your options.
Owing to the fact that there is no set fee for Conveyancing, the fees that a Solicitor or Conveyancer will charge a Vendor or Purchaser will vary from one practice to another. Much will depend upon the level of service that will be provided by the Solicitor or Conveyancer.
In addition to the legal fee, a Vendor or Purchaser will be charged additional costs that will be incurred by the Solicitor or Conveyancer. These are called Disbursements, and can include Title and ASIC Searches; Certificates Fees for Council, Water and Body Corporate Levies; registering the Mortgage, photocopying and postage, etc. Solicitors and Conveyancers are required to disclose their costs to clients up front, including a client’s right to receive bills, costs should there variations to the Retainer, etc. To discuss these matters further, please call Zena Dabboussy-Bardouh on (02) 9758 8133.
One of the first questions a purchaser of a unit or house will often ask is whether they need to pay Stamp Duty. Unfortunately, many home buyers do not factor in this cost when they are purchasing a property and are shocked by the amount they are liable to pay relative to the overall purchase price. A small concession is that the revenue generated from Stamp Duty is added to all State Governments’ respective Budgets. The moneys are used for such services as Health, Transport, Roads, Education, Environment, Climate Change and Water.
However, in New South Wales there are some concessions. First, on vacant land purchased for up to $350,000, the respective Stamp Duty will be zero. This represents a saving of $11,240. This saving will reduce by $10.98 for every $100 exceeding this limit, with the Stamp Duty savings being eliminated if you pay more than $450,000 for vacant land.
Second, first home buyers can apply for an exemption to Stamp Duty on an established home to the value of $550,000. This represents a saving of $20,240. That concession will however reduce by $22.49 for every additional $100 paid for the property. Such savings cut out completely on existing homes valued up to $650,000. To be eligible, the purchaser/s must have never previously owned residential property; the purchaser/s must not have a spouse that had previously owned property or received the exemption; the purchase must be for the whole of the property; the purchaser/s must be over the age of 18; at least one of the purchasers must be an Australian Citizen or Permanent Resident; and one of the purchasers must live in the property for at least 6 continuous months, with that period starting within the first 12 months of the property settling. From 1 January 2012, additional restrictions were introduced, to the tune of Stamp Duty concession only applying to new homes, substantially renovated homes or vacant land.
For more information, contact Zena Dabboussy-Bardouh of ZDB Legal Services Pty Ltd on 9758 8133, 0414 305 076 or zena@zdblegal.com.au. Or take a look at the following Stamp Duty Calculator, http://www.stampdutycalculator.com.au/.
In NSW, there is no legal requirement obligating a seller to attach a Building and Pest Inspection report to the Contract for the Sale of Land. Obtaining such a report prior to Auction or, in cases of a sale by private treaty, before making an offer, can be of great benefit. There may be defects that can be hard to see because of property styling or recent renovations. A Building and Pest Inspection Report will make you better informed about what problems, if any, a building may have before you buy it. Investing the money up front in obtaining these reports may well save you thousands of dollars later on in repairs or litigation.
These reports may reveal that timber floors have been infested with termites, leaking showers, structural cracks, dampness, sagging ceilings, illegal structures, etc. At least by obtaining this report, your Solicitor will be empowered to negotiate variations to the Contract prior to making an offer. For a small fee, ZDB Legal Services Pty Ltd can arrange for a Building and Pest Inspection Report. We will co-ordinate this with the Building and Pest Inspector, Real Estate Agent selling the property, and Managing Agent if the property is leased.
Call us today on 0414 305 076 or 9758 8133, or email us atzena@zdblegal.com.au to arrange for a Building and Pest Inspection.