Wednesday, December 22, 2010

BCCT Blog

This blog has been campaigning on issues of the M2 Widening Project that affect residents of Beecroft and Cheltenham, simply because no other site on the internet was adequately covering the local aspects of the project.
It is therefore with pleasure that I can advise everyone that the Beecroft Cheltenham Civic Trust has started a blog that will cover those issues. The address is BCCT2119.blogspot.com, and I suggest you monitor it for news on the fate of the Kirkham St road bridge over the M2.

Monday, December 20, 2010

Landlords are mere mortals too!

It saddens me how some tenants respond to a rent rise by angrily giving notice to quit. Owners and landlords can't just walk away from a property when the bank raises mortgage interest rates, or the state or shire raises rates and other duties. Surely it's reasonable to pass on those costs?
Some tenants get upset when the managing agent hassles them about rent arears just before Christmas. They need to understand that if the tenant doesn't meet his payment obligations, the landlord might have to cancel the family's holiday. Is that really fair?
None of the landlords who give their properties to us to manage are monsters, they are just people like the rest of us, who have invested in property and are trying to meet their increasing costs in difficult times. The reason the government gives them tax breaks is precisely because the country depends on landlords to make housing available to those who don't yet own a house.

Tree Conservation

Today I received this email:

"A quick note to let you know that the Hornsby Shire Council Tree and Vegatation online discussion forum will close at 5.00pm on Friday 24 December 2010.
Your comments and ideas and participation in the quick poll at http://bangthetable.com/treeandvegetationprotection will guide the development of Council's new Tree and Vegetation Protection policy. Have your say and forward this email to colleagues and friends so they can also have their say."

Please, as the Council asks, forward this to your friends, and all of you have your say. Beecroft and Cheltenham are beautiful partly because of all our lovely trees.

But do remember that the RTA and Transurban are planning to buldoze a new road through Chilworth Recreation Reserve from Allerton Road to the M2 Widening Project construction camp under the M2 viaducts simply because a stand of Blue Gums is now apparently blocking the original construction road between the motorway and the golf course. If true, this to me demonstrates what is wrong with the present policy. I will therefore be voting for Option 2.

Buyers Showing Renewed Interest

The number of house sales in the Beecroft and Cheltenham area crashed after the November interest rate hike. Confidence in the market was savaged by this unexpected rise and by the media hysteria about the banks' "over the top" interest rate hikes. Last weekend of all the agents in the area four properties were withdrawn prior to auction, and no properties were sold. The value of properties sold in the last four weeks is the lowest in two years.
Sensing the buyers' mood, Ray White Beecroft hadn't scheduled any auctions over this period, but unlike most agents last weekend, we opened properties for viewing, and to our surprise had nine people through one of them and good attendance at the others!
The RBA has recently suggested that interest rates won't be going up for a while, and it seems that buyers are regaining confidence.
We will be listing several new properties in the new year, and the sales team are increasingly confident that, so long as vendors are realistic, this could be the start of a great new year for the real estate market.

Friday, December 17, 2010

Epping M2 Bus Ramp "Essential Part of the M2"

I have been advised that the proposal to build the original M2 ("Castlereagh Expressway" as it was then) was examined by the Woodward Commission of Inquiry in 1989, hearing 829 submissions from 301 parties including 52 experts. The inquiry found that the M2 SHOULD NOT BE BUILT, ON ALL GROUNDS.
To resurrect the project it was modified to INCLUDE THE EPPING BUS RAMP. This excellent proposal would allow morning commuter buses from north west Sydney to get rapidly to Epping railway station and avoid the M2 car park from there to the city, and bus passengers could then commute comfortably and swiftly by train from Epping. This significant and sensible development resulted in the M2 project being re-considered, and approved as a road based but integrated transport solution.
On that basis the Epping bus ramp is an integral and essential part of the M2, without which the M2 would not have been permitted. How now can the RTA propose to remove it?

Epping M2 Bus Ramp

Recent editorials and letters in the Sydney Morning Herald and elsewhere are highlighting broad local community concern about the RTA intention to remove the Epping bus ramp. Commuter buses coming from the north west travel down the dedicated bus lane on the M2 to the Epping tunnel, then leave the M2 on the bus ramp there for a dedicated road into Epping railway station so they can continue their commute into the city by rail.
The RTA plans to demolish that bus ramp, and send all buses down to Macquarie or beyond.
It occurs to me that it's the people in north west Sydney who should be up in arms about this, because it denies them the ability to commute by train. Most of them probably ignored a proposal to widen 21 Km of motorway half way from their homes to the city.
Did anyone alert them to the significance of the bus ramp removal, which Transurban now say is "a critical part of the work to establish a third lane on the motorway"?

Newsletter from Greg Smith SC MP

Greg Smith, member for Epping, Shadow Attorney General, and Shadow Minister for Justice in the NSW parliament, put out his December 2010 newsletter today with the front page devoted to concerns about the M2 Widening Project. One article is on concerns about the construction camp proposed for Waterloo Park, but that is outside the area I cover with this blog.
Another article directly affects Beecroft and Cheltenham residents. "Though assured that community consultation will be carried out before any decision is made, local residents are on edge as Transurban and the RTA confirmed that the bridge may be reduced to one lane for 20 months while the M2 upgrade is in progress."
Mr Smith says that 1,200 vehicles use the bridge in morning peak hour!
He also says "There has been more speculation recently that Transurban is proposing to demolish the bridge entirely, which would divide Beecroft and affect shops and businesses in the Beecroft Shopping Village". Mr Smith and members of the Beecroft Cheltenham Civic Trust are apparently meeting with Roads Minister David Borger to resolve this problem.

BCCT Survey on M2 Kirkham Road Bridge

The Beecroft Cheltenham Civic Trust is conducting an On Line Poll on opinions regarding the Kirkham Road Bridge over the M2. It is essential that this poll adequately reflects the opinions of those who use the bridge! To be significant we need HUNDREDS, even THOUSANDS, of respondents.
I strongly urge all of you to go to the site and select "strongly disagree" to the option for full closure of the bridge for ten months!
Obviously if the road under is to be widened, then the work to extend the spans of the bridge has to be done. But the original EPA said this would be done without night working, using single lane traffic over the bridge during the work. So I suggest you hold them to that, by selecting "disagree" to night working because of the noise, "disagree" or "strongly disagree" to full weekend closure, and (reluctantly) "agree" to single lane flow with traffic lights.
Get your friends to do the same, and if you know people who are not 'internet fluent' then ask their permission to vote on their behalf, making clear in the space at the bottom of the survey that each repeat submission relates to another person.

Thursday, December 16, 2010

Ray White Dog Rescue Service

Two labradors escaped from a property managed by Ray White Beecroft. So I collected them and took them home to play with my dog Binzi.

Monday, December 13, 2010

Petition against Kirkham Road Bridge closure

To gauge public interest in the RTA/Transurban idea of demolishing and rebuilding the Kirkham Road Bridge over the M2, Ray White Beecroft has for several days been quietly offering, in its office, a petition for people to sign to express their opposition to such an act. The results have been remarkable, even though so far the petition has only been advertised by word of mouth. It's not just Beecroft and Cheltenham residents who are offended at the idea. People from Castle Hill, Epping, and Hornsby have already come into our offices to sign!
People keep referring to last year's closure of the Copeland Road bridge over the railway, which of course was left closed for much longer than promised by the planners. But that was only a minor inconvenience with Chapman Rd bridge just a few metres away. People really do seem genuinely angry at the thought that this hugely disruptive proposal to divide Beecroft is even being considered!
I have had to keep reminding people that the idea of closing the bridge over the M2 is still only a proposal, and that the motorway construction people do not at this time have the legal right to demolish the bridge and that it would take a complete new EPA to obtain authority for them to do so.
But please if you feel strongly about this, come in and sign the petition, with your email or phone number, so we can alert you at once if the RTA or Transurban do start making moves to progress this atrocious proposal. Just in case!

The cars that ate buses

What a delightful headline that is - from the Sydney Morning Herald Opinion editorial today, which starts with "Sydney's road designers think that the city's north west has too much public transport, and they want to cut it back".
The editorial relates to the plan to demolish the Epping bus ramp, and explains that this is not just a local issue. "It throws into question the idea that privately owned transport infrastructure can benefit society in general."
The editorial explains very clearly how this ramp is a key part of the commuter traffic flow allowing buses to by-pass the M2 car park during busy periods. Remember, the HillsM2 website says 17,000 passengers a day use buses on the M2, so that's a lot of people to upset and force back into their cars.
The final paragraph of the editorial is pretty devastating: "In theory, public private partnerships ought to be able to be devised which align the interest of the operator with the public interest. By upgrading the M2 in ways which specifically downgrade all transport modes except private cars, the government, the Roads and Traffic Authority, and the motorway operators have shown how practice too often falls far short of the theory."
Peter Colacino is providing me with his (Transurban's) response to this and related matters, and I will post here his response when I receive it.

M2 Upgrade Bus arrangements at Epping

Following my earlier blog relating to the SMH article on buses and the M2, I received another email from Peter Colacino. I actually disagree with much of what he has said, and have therefore responded to him with my concerns, and will publish again after I have his reply. But for the moment, this is what he says.

"Peter,

I have noticed that your blog has been updated to include some information about the Beecroft Bus Ramp closure.

Unfortunately the story in the Sydney Morning Herald today did not provide the full picture. I have included some bullet points below, which I would appreciate you considering for inclusion on your blog.

· Removal of the existing Beecroft Road bus ramp is a critical part of the work under the M2 Upgrade project in order to establish a third lane on the motorway.
· Around 99.5 percent of bus passengers on the motorway will benefit from the establishment of the third lane which is only possible with the removal of the bus ramp.
· Bus patrons will benefit from a 5 minute travel time saving to a 40 minute trip (12 percent) from Seven Hills to Macquarie Park as a result of the M2 Upgrade.
· The current layout of the M2 near Beecroft Road is restricted by topography and proximity to Devlins Creek.
· The removal of the ramp allows for an additional eastbound and westbound lane for general traffic, minimises permanent impact on Devlins Creek and avoids any impact on adjacent properties, including Epping Heights Public School
· The Hills Motorway and the RTA have been working closely with Hillsbus and Busways in order to determine arrangements for affected routes. It is likely these services will be redirected via Christie Rd.
· For more details on the changes of these services, please check with Hillsbus and Busways.
If you have any fuirther questions please feel free to contact me. I would be more than happy to review material in advance of its inclusion on the blog if that is helpful.

Regards

Peter"

Friday, December 10, 2010

NSW Tenancy Law Changes

Our property management department today sent out the following letter to the landlords on our database.

Dear Landlord,

As you are probably aware, the Residential Tenancy Act has been updated this year, and these new regulations will come into force on 31st January 2011. The main changes that are likely to affect you are detailed below:

- Notice periods
o If your tenant is on a fixed term tenancy, which is about to expire, the notice period is going to increase from 14 to 30 days (plus postage time) before the end of the lease.
o If your fixed term has expired, and your tenant is on a continuing tenancy, the notice period to have them vacate increases from 60 to 90 days (plus postage time).
o In both instances, the tenant can now vacate before the date on their termination notice, without giving the landlord any return notice.
o If the tenant gives notice, the amount of notice required will not change
o The notice period for breaches (such as non payment of rent) will not increase.
o If you terminate the tenancy due to non-payment of rent, and the tenant pays the arrears in full, you can no longer proceed with the termination process (unless we can prove the tenant is repeatedly late with rent)
- Water usage
o You will only be allowed to charge tenants for water usage if your property is deemed to be “water efficient”
§ All shower heads must have a maximum flow rate of 9 litres per minute (and have a 3 star water efficiency rating)
§ All cold water taps and single mixer taps for kitchen sinks and bathroom hand basins must have a maximum flow rate of 9 litres per minute (and have a 3 star water efficiency rating)
§ There must be no leaking taps at the commencement of the tenancy or when water efficiency measures are installed (whichever is later)
o You have until January 31st 2012 to bring your property up to standard
o If you pay Sydney Water directly, you must invoice the tenant within 3 months of issue of the bill
o You must give the tenant 21 days notice to pay
- Tribunal
o If you have given your tenant notice to vacate, without any errors in said notice, and they haven’t vacated, the tribunal must now proceed with an eviction order. The exception to this, is if the tenant can prove that the landlord only issued the termination notice as retaliation.
o If your tenant has been issued a termination notice for non-payment of rent, you no longer have to wait until after the termination notice has expired before applying to the tribunal for an eviction order
- Holding Fees
o We can no longer ask for a holding fee/deposit unless an application has been approved
o If you change your mind, you may not rent the property to someone else for the following 7 days
o If the tenant changes their mind, they now lose the full deposit, not a pro-rated amount
- Break Lease Fees
o Currently, we advise tenants that they are liable for rent until a new tenant moves in, and a pro-rated amount for the lease fee and tenancy fee
o Under the new legislation, the default clause (for fixed terms of more than 3 years) is now 6 weeks rent (if the tenancy is less than halfway through the fixed term) or 4 weeks rent (if the tenancy is more than halfway through the fixed term)
o This new clause is optional, and may be profitable for landlords whose properties relet quickly. If your property is hard to rent, it might be better to stick with our current special condition
o Tenants (or their legal personal representative) can break a lease without penalty if they are going into a nursing home, obtain public housing, or dies
- Selling
o If, prior to the commencement of a new tenancy, you decide that you will put the property on the market for sale during said tenancy, you must notify the ingoing tenant beforehand
o The tenant must allow access for sales inspections twice a week
o You must give the tenant at least 14 days written notice before the first sales inspection
o You must give the tenant 48 hours notice for subsequent inspections
- Other
o We can now issue termination notices directly to the tenant’s letter box, and this will save you the 4 days postage time
o It is no longer the tenant’s responsibility to maintain the smoke alarms during the tenancy
o If your property is let to more than one tenant, and one of the co-tenants wants to move out during a continuing tenancy, the co-tenant can now give 21 days notice to vacate
o The tenant no longer has to pay a portion ($15) of the tenancy preparation fee (total cost $33, your share $18)
o It is now illegal to include a carpet cleaning clause (unless there is a pet condition which includes a carpet cleaning clause)

The changes come into effect on the 31st January 2011. If you would like further information, please see Fair Trading’s email and link below. If you have any questions, please contact us and we would be happy to discuss this further with you. Thank you kindly.

M2 Widening Will Slow Buses

An article in the Sydney Morning Herald brings attention to the consequence of removing the bus ramp at Epping, which is part of the M2 widening project.
The ramp is used by 60 bus services a day, transporting 17,000 passengers a day down the bus lane of the M2 into Epping, from where trains can take them on to the City (via Macquarie Park), south to Strathfield and the south and west, and up north to Hornsby.
The ramp also enables those buses to turn around quickly at Epping and go back to fetch more passengers.
The M2 project proposes to demolish the ramp and require buses to stay on the motorway to Macquarie.
Those buses will then, presumably, have to fight the traffic on blocked roads to drop passengers anywhere near the train station entrances. Not only will this delay passengers, it will also greatly reduce the availability of buses for the high speed runs up and down the motorway.
The article quotes a local traffic engineer as saying "removing this ramp will cause major delays that could result in the cutting of services."
The HillsM2 website says "The Hills M2 is a key public transport corridor. The motorway includes dedicated bus lanes with 435 Hillsbus services using the motorway week days (eastbound and westbound), carrying over 17,000 passengers a day." The website doesn't comment on the number of those who will have to revert to using their cars on the M2 and other main roads when they can't get off the bus and onto trains at Epping!

M2 Project intentions for Chilworth Reserve

I have received a further update from Peter Colacino of Transurban. I had asked him about Transurban's intentions for gaining access to the construction camp underneath the M2 viaducts over Chilworth Reserve.
Early documentation from the RTA had proposed to build a new road through the reserve from the end of Allerton Road. Obviously that will involve lots of damage and disruption to the reserve, as well as heavy construction traffic on Murray Farm Road and Allerton Road. The BCCT had asked why the original M2 construction ramp couldn't be used. That ramp runs between the M2 and the golf club, on the northern side of the M2 from the west.
Peter advises that both options are still being considered. The only reason why the construction ramp can't be used is that there is a blue gum tree whose brances would obstruct large trucks.
This blog will continue to post such information from Transurban as it becomes available.

PS: (Updated 5 January with later information from Transurban) It is now clear that I had misinterpretted what Peter Colacino told me. The blue gum trees he referred to on the phone are those on the proposed "exit" lane from the camp, on the south side of the M2 leading to Orchard Road. This used to be just a walking track but RTA and Transurban survey vehicles have already broadened it into a full 4-wheel drive track. Mr Colacino was trying to explain that it is not yet wide enough, or maybe clearance is not high enough, to allow trucks through. See my later posts of early January 2011 which more accurately reflect the current Transurban plans.

Thursday, December 9, 2010

Rents Going Mad

A tenant asked to break the lease the other day, and in that situation we are required to do all we can to rent the property quickly. So normally we just advertise the property at the existing rent, and sign the new tenant up to take over the lease until the earlier lease expires, and then raise the rent. That way the old tenant can't object if it takes a few weeks, or months, to find a new tenant. However our property management department read the market well and advertised the property for 10% more than the existing rent, and had five applications on the first day, leasing it immediately at that higher rent. So everyone was happy.

Wednesday, December 8, 2010

Changes to NSW Tenancy Laws

In our last newsletter, Ray White Beecroft alerted owners and tenants to the prospect of changes to the NSW Residential Tenancy Laws. We asked the Office of Fair Trading to keep us informed of progress, and they have just sent us an email saying that the new law will come into effect on 31 January 2011. To learn more, go to the Tenancy reforms page on the Fair Trading website. The full location is: http://www.fairtrading.nsw.gov.au/About_us/News_and_events/Tenancy_reforms.html

Their email advises that "More information about the Residential Tenancies Act 2010 will be available on the Fair Trading website once the new laws commence in late January 2011". It does seem to be more appropriate to release that information before the laws commence, but still.

Interest Rates 'on hold' well into next year

As well as not raising interest rates this week, the RBA said that neither the market nor commentators expected rates to rise again "for quite some time". Very significantly the RBA governor Glenn Stevens said this level of rates was "appropriate for the economic outlook."
Perhaps it's a shame that the RBA raised rates in November not December, because that earlier unexpected rate rise seems really to have damaged buyer confidence. The sale value of houses sold since that rise has been noticably down. Hopefully this latest announcement will get sales going again!

Building Inspection Reports

NSW Labour MP Matt Brown is today releasing the results of a Vendor Disclosure review, recommending that vendors selling by auction must supply pest and building inspection reports. He is restricting his proposal to auctions because people buying by private treaty have a cooling off period during which they can conduct their own inspection and withdraw from the sale if the results are bad, losing only the cost of the report and the .25% deposit.

The review recommends that
  • the vendor must supply all reports done in the 90 days before the property was put on the market. This will prevent the vendor cherry picking through reports until an inspector doesn't notice something significant.
  • the buyer would have a legal right to sue the inspector (as now) if problems are found after purchase that should have been in the report.
  • the inspector must have $5M professional indemnity insurance.

A public forum on the topic was told that $40M of wasted reports were generated in NSW by unsuccessful bidders at auctions. Many other buyers bid at auction without having a report, not willing to gamble the inspection fee against the uncertainty of whether they will win the auction.

Mary Macken, president of the NSW Law Society, opposes the proposals. "It puts a clumsy foot through delicate contractual architecture," she said.

One might think the Law Society would relish the proposal. Vendors will select inspectors with a sympathetic reputation, and there will be endless legal battles as a result, when buyers do find things wrong, with the courts having to decide whether the inspector was negligent, and if so how much compensation must be paid. At present a buyer having doubts about a property can arrange for a thorough inspection to be done, and buy or decline to bid with confidence.

Perhaps a more important step would be to punish estate agents who give demonstrably false low estimates of the price a property will sell for. Unscrupulous agents do this to persuade people to invest in a building inspection, after which such would-be buyers feel compelled to go on bidding way above the promised price, both to protect their investment and in the mistaken belief the bidding will end soon. Maybe the losing buyer should be able to sue the estate agent to recover the cost of the inspection, if he can convince the court that he was 'conned' into having the inspection performed when the sale price of the property was way above what he was told.

The report will be considered by Cabinet and could be in place before the March election.

Wednesday, December 1, 2010

"Wide Anger over M2 Widening"

That's the headline of an article in the latest Monthly Chronicle. The article relates to Transurban's plan to build construction camps in Waterloo Park Marsfield, and to the uncertainty about Transurban's intentions for the Kirkham Road Bridge.
The article also quotes Greg Smith SC as saying in Marsfield it's not just the park that is under threat. Irreplaceable horse agistment paddocks are believed to be under threat by the construction camp, but no community consulation has taken place to clarify intentions.
Regarding the Kirkham Road Bridge, clearly Transurban need very quickly to make it absolutely clear that they do not intend to close the bridge! Until that issue is put to bed, it will feed the growing resentment about other issues related to the M2 project.