Shelter LCMD Thread (1 Viewer)

[roadcone]

as a number of the other topics have threads covering their LCMDs i thought i would post some up for shelter (although basically this is essentially an essay outline). any more would be greatly appreciate, especially cases. (if this doesn't make sense pm me and i will send you the word doc)

Overall

• Shelter is the notion of housing
• Basic Human Right covered under United Nations Declaration of Human Rights (1948) and the International Covenant on Economic, Social and Cultural Rights (1966)
• However this international law is not upheld within domestic legislation

Land Ownership

• Old System
• Torrens Title → much easier to prove
• Real Property Act 1990 (NSW) → guarantees ownership under Torrens Title

Purchasing

• 70% of population (ABS 1996)
• Conveyancing (Sale of Land) Amendment Act 1990 (NSW) and Conveyances Licensing Act 1992 (NSW)
o Tries to give protection to purchasers
o Standard contract of sale
• Deposit (initially 0.25%)
• Cooling off period
• Attempts to stop gazumping
• Agents and Auctioneers Act 1941 (NSW) → tried to regulate agents
• This was replaced by Property, Stock and Business Agents Act 2002 (NSW)
o ‘Dummies Bid Farewell’ SMH [Property Expo 2004]
• Agents must give realistic appraisals
• Bidders must be registered
• In auctions all checks must be done prior to auction
• Caveat emptor
• Aust Competition and Consumer Commission → can fine up to $1.2 million against corporations and $200000 for vendors and agents
• Under state law → corporations $20000 and $11000 for individuals
• Contract Review Act 1980 (NSW) → protects purchaser against unfair contract
• Credit (Home Finance) Act 1984 (NSW) → protects those with mortgages prior to 1984
• First Home Buyers Grant Act 2000 (NSW) → First Home Owners Grant
o ‘Home Buyers Rip off millions’ DT 22/08/05
• Suggests reform needed in terms of a means test mechanism
• 2% of homes purchased worth $2 million +
• Commonly used for purchase of investment properties
• Stamp Duty Exemptions → when purchasing a house under $500000
• Conveyancers Licensing Act 1992 (NSW) → made it easier/cheaper to complete conveyancing
• Strata Titles Act 1961 (NSW) → better than Company Title
• Strata Schemes Management Act 1996 (NSW)
o Listed rules for operation of units
• Set up complaints mechanism → can go to the Strata Titles Board

Leasing

• ABS 1996
o 19% private rental
o 6% public rental
• Popular alternative due to the fact that it is often cheaper
o However it can often be unaffordable → ‘Poor pushed to city fringe by rent crisis’ [SMH 20/05/98]
• Residential Tenancies Act 1987 (NSW)
o Sets out rights/duties of landlords and tenants → listed within the Residential Tenancies Agreement
o Created Residential Tenancy Tribunal and the Residential Tenancy Agreement → Residential Tribunal Act 1999 (NSW) → used to achieve justice by establishing the need for 60 day notification prior to eviction
o Replaced by Consumer Trader and Tenancy Tribunal (CTTT) under the Consumer Trader and Tenancy Act 2001 (NSW) → helps to solve issues → decisions binding and is relatively inexpensive
o Better, but not perfect for tenants → landlords still favoured [can choose who they rent the property to as long as it does not contravene the Anti-Discrimination Act 1977 (NSW)]
• Landlord and Tenants (Rental Bonds) Act 1977 (NSW)
o Created rental bond board
o 4weeks/6weeks bond held
o Importance of premises condition report in RTA
• Residential Tenancies (Social Housing) Act 1998 (NSW)
o Covers tenants in public housing
o Not for all means test/priority lists etc
o 2 year wait
o Can be improved
• Landlord and Tenant (Amendment) Act 1948 (NSW) and common law case of Cruse V Mount (1933) → protect both landlords and tenants → right to quiet enjoyment, right to vacant property, right to repairs, duty to pay rent on time
• Kenny v Preen (1963) → landlord attempted to end lease before expiry of contract → knocked, threatening letters → was deemed that he breached the tenants right to quiet enjoyment and was therefore fined $20000

Aged Care Facilities

• Aged Care Act 1997 (Cth) → attempts to protect people in aged care because society accepts it
• Retirement Villages Act 1989 (NSW)
o Again society wants us to protect elderly residents
o Access to CTTT
• Public Sector Management Act 1988 (NSW)
o Established Retirement Industry Code of Practice
• Contract Review Act 1980 (NSW)
o Plain English contracts need to be provided that clearly stipulate all conditions

Boarding Houses

• Youth and Community Services Act 1973 (NSW)
o Provides coverage to disabled living within boarding houses
o Due to the fact that society believes these people should be treated fairly

 

[= Jennifer =]

note there is no such thing as the residential tribunal it is now the consumer, trader and tenacy tribunal