Greater responsibility required for tenants and landlords

The City of Canterbury Bankstown has called for a tightening of legislation, so tenants moving out of residential houses or unit complexes are aware of their responsibilities, when it comes to their disposal of unwanted items.

Mayor Khal Asfour said Council, in its submission to the NSW Government which is reviewing the Retail Tenancies Regulation, provided suggestions aimed at addressing what is a massive problem across Sydney.

“Some residents who move out of the property they have rented, dump their unwanted items on the nature strip, creating not only an eyesore but also a potential health and safety hazard councils are forced to clean-up,” he said.

“If there is a high turnover of tenants in a unit complex, that can impact neighbours multiple times over throughout the year, and cost all ratepayers dearly.”

In Canterbury-Bankstown in 2018-2019, Council disposed of 2,481 tonnes of illegally dumped rubbish to landfill, with disposal fees of $461,000 (figure does not account for number of staff hours required). Further, since 1 January this year, there have been 8,846 residential illegal dumpings recorded, with Council working with the Sydney Regional Illegal Dumping (RID) squad and local community groups to develop campaigns to educate the community. The latest campaign, Eyes On It, advises residents of potential fines of up to $4,000 for the illegal disposal of items. It led to a 40 per cent reduction in the number of illegal dumpings in its first phase earlier this year, with the second phase currently underway.

Deputy Mayor Clare Raffan indicated Council’s evidence demonstrates a strong correlation between illegal dumping of household items and a high turnover of mostly tenanted, medium density, older style multi-unit dwellings, along the rail corridor.

“I’m sick of seeing our streets treated like a waste dump by people who don’t care about the community they are leaving,” she said.

“While we continue to tailor our programs and educational material to address residential illegal dumping, the high turnover of tenants and the largely transient population in parts of our City suggests our initiatives would be better supported by tighter regulation.”

Schedule 1, clause 18 (4) of the Regulation - while the intent of the clause is to place onus on the tenant for the removal or arrangement of removal of rubbish from the premises, it neglects to detail that this must be done so in a lawful manner.

Council proposes the following amendment - to remove or arrange for the removal of all rubbish from the residential premises, including the kerbside, in a lawful manner.

In addition, Council proposes that a tenant must show evidence to the managing agent that a rubbish removal service has been arranged.

Council also proposes the inclusion of an additional item under clause 18, which is an acknowledgement by tenants that placing material illegally on the kerbside can incur fines.

Part 3 clause 8 (g) - needs to be strengthened to ensure the tenant is provided with the full scope of a council’s waste services.

Council proposes the following amendment - all of a council’s waste services will be provided to the tenant on a different basis that is generally applicable to residential premises within the area of council.

Schedule 1, clause 19.6 - Council suggests there is scope for additional responsibilities to be placed on the landlord, to ensure the tenant is provided with information and instruction on council waste services.