The Share Housing Survival Guide - city scape graphic
Sections tab graphic
• Introduction
• Looking for a place
• Moving in & money stuff
• The legal situation
• Living in a share house
• Moving out (or being kicked out)
• Share housing - the future
• Glossary
• Contact points
• Extras
• Acknowledgements / legal info
• Site map
• Downloads
Redfern Legal Centre Students' Representative Council
Office of Fair Trading
Law and Justice Foundation
redfern legal centre Student's representative council Office of Fair Trading Law and Justice Foundation
 
The legal situation - tab graphic
• What is my legal position?
• Your rights and responsibilities as a tenant
• Tips for avoiding legal problems
• The different tenancy relationships - pros and cons
• Going to the Consumer, Trader and Tenancy Tribunal
The bond

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).

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


if you have breached the agreement - 14 days notice in writing

• for the landlord to apply to the CTTT before eviction, if you do not move out

• to apply to the Consumer, Trader and Tenancy for assistance if the landlord has breached the agreement

• 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

• 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

• to ask the landlord/agent for permission to assign your rights under the lease to another person before you assign

• to ask the landlord/agent for permission to have a pet in the premises

• to give the landlord/agent a copy of the completed condition report within seven days of moving in

• not to alter the premises or make additions without the landlord's/agent's written permission

• to give the required notice in writing when you decide to leave:

if you are in a fixed-term agreement - 14 days notice in writing that you intend to leave at the end of the fixed term

if you are in a continuing agreement - 21 days notice in writing


• to leave the premises in the same condition (except for normal wear and tear) as when you first moved in

• not to alter, remove or add a lock or security device without the landlord's permission

• not to use the premises for illegal purposes

• not to interfere with the peace, comfort or privacy of neighbours

• not to let anyone else on the premises breach the agreement

© Redfern Legal Centre 2005