YOUR RIGHTS AND RESPONSIBILITIES AS A TENANT The following is a broad outline of the legal rights and responsibilities of a tenant under the Residential Tenancies Act 1987. This is not intended to be a comprehensive guide on tenancy. For fact sheets and sample letters check out www.tenants.org.au. If you are experiencing problems with your landlord, real estate agent or headtenant, contact the Tenants Union Hotline, your local tenants advice service or the Tenancy Service of the Office of Fair Trading (see Contact Points). 38
These rights apply to you if you are a tenant in a share house. If you are a boarder or lodger, you are not covered by the Act and should contact your local tenants service for advice if you are having problems with your landlord. Your Rights as a Tenant • to have the bond lodged at the Rental Bond Board • to have privacy without interference from the landlord • for the premises to be in a reasonable condition, clean and fit to live in at the start of the tenancy • for the premises to have reasonable security and locks • for repairs to be carried out in a reasonable time • to be reimbursed for any urgent repairs paid for by you up to a maximum of $500 - keep all receipts and seek advice before spending money! • to be given a copy of the residential tenancy agreement, condition report and renting guide • to be given rent receipts
• to be given the appropriate notice of visits by, or for, the landlord, for example, two days notice for repairs or maintenance, seven days notice for an inspection by the landlord • to be given 60 days written notice of a rent increase if you are on a continuing agreement • to be given the required notice of termination in writing of the tenancy: - if you are on a fixed term agreement - 14 days notice in writing asking you to leave at the end of the fixed-term agreement - if you are on a continuing agreement, that is, the fixed-term has already ended - 60 days notice in writing, or 30 days notice in writing if the place has been sold with vacant possession
• to be notified of any change of name and address of your landlord/agent Your Responsibilities as a Tenant • to keep the premises in reasonable condition, including the garden • to fix any damage caused by you or your guests
TH E LEG AL SI TUATI O N
from the Residential Tenancies Act, the Act does not actually define what a boarder or a lodger is. Consequently, some residents of boarding houses and share houses have been able to establish before the Tribunal they were tenants and gain the protection of the Act. If you are unsure of your tenancy status please contact your local tenancy service (see Contact Points).
• to pay rent on time • to let the landlord/agent know of any repairs or maintenance that are needed • to ask the landlord/agent for permission to sub-let the premises or part of the premises before you sub-let
- if you have breached the agreement - 14 days notice in writing
• to ask the landlord/agent for permission to assign your rights under the lease to another person before you assign
• for the landlord to apply to the CTTT before eviction, if you do not move out
• to ask the landlord/agent for permission to have a pet in the premises
• to apply to the Consumer,Trader and Tenancy for assistance if the landlord has breached the agreement
• to give the landlord/agent a copy of the completed condition report within seven days of moving in 39