Here you will find links to handy information regarding tenancy issues. All of this information is also available in leaflets from the Tenants' Union.
Disclaimer (Legal Notice)
The information on this website is not legal advice. It is intended as a guide only. It applies only to legislation current in the state of Tasmania, Australia as at 1 July 2007. For information regarding a specific tenancy problem please phone the Tenants’ Union on 1300 652 641 or (03) 6223 2641. The Tenants' Union of Tasmania Inc. accepts no responsibility for actions based on this information, nor for actions based on electronic translations of this.
Pre Tenancy Checklist
Below are some useful things to look for, and ask about when you are looking at a property that is for rent. Remember, you should not sign a lease unless you are sure that you will stay for the duration of the lease. So it is best that you find a property that is suitable for you.
Can the property have the phone connected?
Are there sufficient power points?
Is the property big enough?
Is there adequate car parking available?
Is there heating, if so what type, how much will it cost to run and does it work?
Does the property run off tank water or is there a water meter?
You will probably be charged for the water if it is metered.
Is the water pressure adequate?
Is the property clean?
Are there many insects around?
Do all doors lock properly?
Have all previous tenants returned their keys?
Do all windows open and lock?
Are all fences secure?
Do all gates close securely?
Is there a clothes line?
Is the yard a suitable size?
Will you be able to look after the garden?
Are any pets allowed?Does the lease specify a nominated repairer - someone who will perform maintenance on the property if required?
Beginning a Tenancy Click here for Printable PDF Copy
Most residential tenancies in Tasmania are covered by the Residential Tenancy Act 1997 (the Act). The Act sets out the rights and responsibilities for landlords and tenants, and applies to both public and private tenancies.
Application Fees
It is illegal for a landlord / agent to charge you a fee to submit an application to rent a residential property. If you have recently paid, or have been asked to pay an application fee you should report it to Consumer Affairs, as a landlord / agent can be fined up to $5000 for charging an application fee.
In addition to application fees being illegal, the Act also prohibits a landlord / agent charging for providing keys to inspect a residential property, giving permission to inspect a rental property, supplying details of residential properties available for rent or placing a persons name on a waiting list.
Applying for a Rental Property
A number of real estate agents require prospective tenants to complete a detailed application form before they will be considered for a tenancy. Often these forms require a lot of personal information including current and previous addresses, your occupation and employer’s details, bank details, drivers license number and car registration, passport number, referees and credit history.
The Act does not prevent a landlord or agent asking this information. You could certainly choose not to disclose requested information that you believe is not relevant to tenancy, for example your student number. However, if you do not provide the information that is requested there is potential that your application will be at a disadvantage.
If an agent or landlord accepts your application they will offer you the premises. If you decide that you do not want to go ahead with the tenancy you should let the owner know immediately and not agree to, or sign a lease. If you decide that you are no longer interested in the property before the owner offers you the place, you should advise them that you wish to withdraw your application.
If a landlord or agent does not accept your application they are not obliged to tell you why. However, it may be worthwhile to ask them if they can suggest anything that may make your application more successful in the future.
If you think that you have been unfairly refused a tenancy, for example, on the basis of age, race, religion or gender of any of the applicants you should contact the Anti Discrimination Commission (Ph:1300 305 062).
Holding Fees
A landlord or agent can charge you a holding fee if you are offered a property but cannot move in for more than a week (7 days). You can only be charged a holding fee if the premises are unoccupied. The Act does not state how much an owner of agent may request as a holding fee.Tenants can only be charged rent in advance, bond or a holding fee before they enter a lease agreement.
If you are Under 18
Persons under the age of 18 may enter into a tenancy agreement. The agreement will be binding on both the tenant and the landlord.Lease Agreements - The Contract
All agreements, whether in writing or verbal are covered by the Residential Tenancy Act 1997. Tenants who will be sharing and who all sign a lease agreement are known as joint tenants. This means that you jointly share the rights and responsibilities withthe other tenants.
Each person on the lease is ‘jointly and severally liable’ for any debts or damage that arise during the tenancy. This means that if there is a debt all those named on the lease can be pursued, or just one.
As a tenant in a share house you can be held responsible for any debts incurred by another tenant. Don’t panic! If this does happen you can legally pursue the other tenant to retrieve your money.
Before signing a lease take your time and read it through. If you don’t understand it, get some advice, before you sign.
It is a good idea for each tenant in a share house to have a copy of the lease.
Types of Tenancies – Fixed and Non-Fixed, Written and VerbalThere are two types of tenancies. Fixed term agreements are for a set period of time, usually 6 or 12 months. You should not sign a fixed term lease if you do not intend on staying for the full term, as breaking a lease can be expensive. Non-fixed term agreements have no end date.
A tenancy agreement may be verbal, in writing or a combination of both. If an agreement is in writing it must be legible, clearly expressed and if printed, font size 10 or more. The landlord/agent must provide you with a copy of the written agreement within 14 days of the agreement commencing.
Security Deposits (Bonds) Click Here for Printable PDF Format
Most residential tenancies in Tasmania are covered by the Residential Tenancy Act 1997. The Act sets out the regulations around the payment and return of bonds.
What is a Bond?
A bond is the money that you pay to a landlord or agent at the beginning of the tenancy. This is financial security for the landlord in the event that you fail to meet you obligations under the tenancy agreement, such as fail to pay rent or cause damage to the property. It is not compulsory for a landlord / agent to charge a bond.
There is presently no Bond Board or Residential Tenancy Authority in Tasmania, therefore a property owner may hold the bond however they see fit. However, a Rental Deposit Authority, or "Bond Board" will be established in 2008, and the Tenants' Union will update our information accordingly. A real estate agent is currently obliged under the Auctioneers’ and Real Estate Agents’ Act 1991 to deposit the bond into a trust account.
Bonds and Condition ReportsIf you are required to pay a security deposit (which cannot exceed 4 weeks rent) the owner must provide you with 2 copies of a report stating the condition of the property at the beginning of your tenancy. The condition report records the condition of the premises on or before the day you move in. You should inspect the property thoroughly and note on the report anything that you find. It is also a very good idea to take extensive dated photos of the property at the beginning of your tenancy. Once you have completed the condition report you must sign and return a copy to the owner / agent within 2 days of your tenancy beginning.
Condition Reports
If you have paid a bond the owner / agent is to provide you with a condition report. This document provides you with details of the condition of the property at the start of the lease. For example: The condition report may state that the carpets are clean. Walls in good condition. Oven and hot plates working.It is very important that tenants check the property against what is marked on the condition report. If you do not agree then you may make your own comments. For example; Carpets not clean, burn marks in front of fireplace. Finger marks on wall in lounge room, kitchen window cracked.
Condition reports are the record of the state of the property when the tenancy began. Tenants are required to leave the property in the same condition (except for reasonable wear and tear) as when you find it. If marks, cleanliness or damage is not marked on the condition report the tenant may be required to pay the owner the cost of ‘fixing’ the problem.
How Much Bond Can I be Charged?
The maximum amount of bond that you can be charged is the equivalent of 4 weeks rent. It is an offence for a landlord or agent to charge more than this amount, and they could be charged up to $5000 for doing so. If you have paid more than four weeks rent as bond contact the Tenants’ Union or Consumer Affairs and Fair Trading.
Bond Assistance
The following organizations offer bond and rent assistance for tenants on low incomes.Colony 47 CA$H
466 Elizabeth St Hobart
6231 2182
Anglicare
122 Elizabeth St
Launceston
6334 6060
Anglicare
2nd Floor Days Building Best St
Devonport
6424 8581
Should I get a Receipt for the Bond I Pay?
When you pay a bond, the landlord or agent is required to give you a receipt. The receipt must record:
a) The name of the tenant, and
b) The amount of the security deposit, and
c) The address of the property, and
d) The date the receipt is given, and
e) The name and address of the landlord/agent.
A landlord / agent can be fined for failing to issue a receipt when they charge a bond.
When Must My Bond be Returned?
When a tenancy comes to an end the security deposit should be returned within 3 working days, less any amount due to the landlord. If the landlord / agent does retain any or all of the bond they must issue the tenant with a notice stating why the bond has been retained and the amount of loss suffered by the owner or the date on which the loss is expected to be determined.
Can I Dispute the Amount of Bond Returned?
If you disagree with the amount of bond returned to you, you should try and resolve the matter with the landlord / agent. If this fails you may apply to the Residential Tenancy Commissioner (Commissioner) to determine the dispute.
To make an application to the Commissioner, you must fill in the Application for Determination of Security Deposit Dispute form, which you can get by calling the Tenants’ Union. The application must be made within 60 days of your tenancy ending. An application fee of $15.00 applies and must be included with the form.
Once the Commissioner receives your application, s/he will require the other party (landlord or agent) to lodge with him/her the balance of the bond not paid to you. The landlord / agent may also provide the Commissioner with evidence to support their decision not to return the bond, by paying the $15.00 fee.
The Commissioner cannot make a determination until at least 7 days have elapsed since contacting the landlord / agent. If you are not happy with the determination made by the Commissioner you can appeal to the Magistrates Court within 7 days of the Commissioner’s determination.
What Can I do to Avoid a Bond Dispute?
Ideally you should take dated photos of the property at the beginning and end of your tenancy, as evidence of the state of the property. Also, keep all receipts associated with cleaning the property when you vacate it, such as carpet cleaning receipts.
Paying Bond in a Shared Tenancy
Where more than one tenant has their name on the lease agreement, this is known as a co-tenancy. We recommend that the amount of money contributed towards the bond by each tenant is noted in the bond receipt, and that copies of the receipt be given to all tenants.
If you are sub-leasing from a tenant (the head tenant), the head tenant may charge you a bond.
Bond in a Share House
Tenants can only be charged the equivalent of four weeks rent as bond. For example: if the rent is $120 per week the bond can only be a maximum of $480.
In a share house it is important for each tenant to have their name and portion of the bond paid recorded on the receipt. For example: 3 tenants share the property. The bond is $480 in total. Each tenant’s share is $160.
It is a good idea to make sure each tenant has a copy of the receipt for their own records.
Can I pay Bond in Instalments?
In our opinion, currently bonds cannot be paid in instalments.
Share housing is covered by the Residential Tenancy Act 1997. This means that the legislation guides what can and can’t occur in relation to the lease agreement covering a share house, and any lease agreement must comply with the legislation. Some things that you may need to be aware of are listed above under the categories relating to;
Fees, Holding Fees and Charges
Lease Agreements - The Contract
Subletting
If you want to sublet the property, or a single room in the property you are renting, you must have permission from the owner. The owner cannot unreasonably refuse or charge you for giving consent.
Share House Tips
Housework
It is not a bad idea to put together a roster for who is to do what and when. For example: Monday; John to cook, Mary to vacuum and Lisa to wash dishes. Everyone does their own washing. Washing is not to be left on the line for days at a time.
Food
You need to decide whether everyone will put in money to buy the food or that each person buys their own. If everyone buys their own food you need to figure out how it is to be stored. For example: Top shelf of fridge belongs to John, middle shelf to Mary and bottom shelf to Lisa.
Bills
You need to agree on how to pay the bills, especially the telephone. Ask your phone company if they have any deals or programs for share houses. For example: Electricity will be divided equally. Each person to pay for own telephone calls.
Rent
Your lease will tell you how often rent is to be paid (the payment period). In most cases rent is paid weekly or fortnightly in advance. Rent can be charged by up to 4 weeks in advance, but must not be changed throughout the tenancy.
As tenants you will be required to pay your rent in advance for the payment period. This means that you pay your rent to live in the property for the coming week or fortnight. For example: If your rent is $120 per week to be paid fortnightly, at the start of the tenancy, say the 1st of June you would need to pay $240. Rent is again due on the 15th of June ($240).
It is important in a share house to know that your rent has been paid. It is a good idea for each tenant to have a copy of the rent receipts. Tenants make the decision of how much each person will contribute. It is a good idea to sort this out before you sign the lease.
For example: You may have a small bedroom compared to the others in the house so you negotiate to pay slightly less rent. As the total rent is $120, you might agree to paying $5 less. So 2 tenants pay $42.50 and 1 tenant pays $35. Or you may negotiate to mow the lawns as part of your rent payment. Whatever the tenants agree on, it is a good idea to put it in writing and each have a copy.
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Repairs & Maintenance Click Here for Printable PDF Format
Most residential tenancies in Tasmania are covered by the Residential Tenancy Act 1997. The Act sets out the rights and responsibilities of landlord/agents and tenants for repairs and maintenance of rental properties.
What are a Landlord’s Responsibilities?
A landlord or agent is required to maintain the rental premises in nearly the same condition as they existed at the beginning of the tenancy. This means that an landlord/agent may not be obliged to carry out repairs to any problems that existed before the tenancy commenced.
What are a Tenant’s Responsibilities?
As a tenant you must keep the property clean. You must not allow or cause intentional damage to occur to the property. Upon vacation, you must leave the premises as close as possible, apart from wear and tear, to the condition as stated in the condition report, or if there is no condition report, the state of the property at the beginning of the tenancy.
There are three types of repairs:
Urgent Repairs, Emergency Repairs and General Repairs
What are Urgent Repairs?
Urgent repairs arise when an essential service ceases to function. An essential service includes; water, sewerage, electricity, cooking stove, hot water service and removal of grey water. Essential services do not include electrical fuses, light globes, tubes or fuses.
A tenant must inform the landlord/agent of the need for the urgent repair as soon as practicable, and the landlord/agent must have the essential service restored as soon as practicable. If the landlord/agent is unable to be contacted, or fails to organise the repairs within 24 hours of being notified a tenant may authorise the repairs to be done by a nominated repairer, or if there is no nominated repairer, a suitable repairer. A nominated repairer is a repairer who is nominated by the landlord/agent to carry out any repairs. A suitable repairer is a person who holds a licence (if necessary) to carry out the relevant repairs and is ordinarily employed to do so. Repairs are only to be carried out to the extent that the essential service becomes functional again.
The landlord/agent is to pay the repair bill if the repairs are done by the nominated repairer, and the tenant is to settle the bill if the repairs are carried out by a suitable repairer.
If the repairs are carried out by a suitable repairer the tenant must provide the landlord/agent with:
• a statement from the repairer, of the apparent cause for repair,
• a copy of the account, and
• a copy of the receipt.
The landlord/agent is to reimburse the tenant within 14 days. If the landlord/agent disputes their obligation to reimburse the tenant, they may apply to the Magistrates Court for the matter to be determined. A landlord/agent may only dispute liability to reimburse on the grounds that:
• The landlord/agent was not notified of the need for repair,
• The damage arose as a result of the fault of the tenant, or
• [For urgent repairs], The tenant organised the repairs before 24 hours had elapsed since informing the landlord/agent of the need for the repair.
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What are Emergency Repairs?
Emergency repairs arise when damage occurs to the property. The tenant must inform the landlord/agent as soon as practicable. Like urgent repairs, if a landlord/agent fails to be contacted or arrange for the repairs, and the damage is likely to worsen and cause the property to deteriorate the tenant may authorise either a nominated or suitable repairer to carry out the repairs.
The repairs should only be to a level that repairs are to be carried out to the extent to prevent further damage or deterioration to the property. The procedure for the tenant seeking reimbursement of the cost of a suitable repairer is the same as for urgent repairs (above).What are General Repairs?
General repairs are repairs that are required to fix relatively minor damage. That is, they are not as serious as urgent or emergency repairs. A tenant is required to inform their landlord/agent of the need for any repairs within 7 days of that need arising.
The landlord/agent is then required to carry out the repairs within 28 days (or in the case of boarding houses, 7 days). However, the landlord/agent is only required to repair problems that are not the fault of the tenant.
When requesting repairs and maintenance it is always best to do so in writing.
The Tenants’ Union can provide tenants with a Request for Repairs form that they can send to their landlord/agent. If you want to do the repairs yourself, you must get the permission of the landlord/agent.
Can I stop Paying Rent if Repairs are Not Done?
You cannot stop paying rent because a landlord/agent will not carry out repairs. If you do, you may receive a 14 day Notice to Vacate (eviction notice), for breaching your agreement by not paying rent. If repairs are not done you should use the options set out below.
What Can I do if a Landlord/Agent will not do Repairs?
As detailed above, in the case of urgent and emergency repairs a tenant may be able to authorise a repairer to fix the problem. With general repairs, it is a good idea to try and talk to with the landlord/agent and remind them that there is an issue that needs to be fixed. If repairs are still not done you can seek an order from the Magistrates Court that they be done, or you could end your agreement.
Under the Act a tenant may apply to the Magistrates Court for an order that the landlord/agent carry out repairs that do not arise from the fault of the tenant. For information about, and assistance with filing a claim in the Magistrates Court you should contact the Tenants’ Union.
If a landlord/agent does not carry out general repairs within 28 days of being notified, you may serve a Notice to Terminate, to end your agreement. A Notice to Terminate must give at least 14 days notice and must also comply with certain formalities under the Act in order to be valid, so if you are considering serving a Notice to Terminate it may be a good idea to contact the Tenants’ Union for assistance.
Access and Privacy Click Here for Printable PDF Format
Most residential tenancies in Tasmania are covered by the Residential Tenancy Act 1997 (the Act). The Act applies to both public and private tenancies and sets out the rights and responsibilities of landlords, agents and tenants.You should be given at least 24 hours notice before any inspection is carried out. An inspection can occur in the first month of your tenancy. After that it is once every 3 months. If the property is sold during your tenancy the landlord / agent will need to give you 48 hours notice before bringing anyone along to view the property. Your lease will remain valid even if the property is sold.
Landlords / agents cannot interfere with the way you live in the property. They can take action if you are causing a nuisance or damaging the property. For example: The landlord cannot tell you that no-one can stay the night. They can ask you to stop having parties that go until 2am every Friday.
Landlords / agents cannot come to the property without notice or without a genuine reason. For example: They can come to do repairs, or check that repairs have been done.
As a tenant you are entitled to quiet enjoyment of the property that you are renting. Quiet enjoyment means that the landlord/agent must not interfere with your peace, comfort or privacy in using the premises. If they do, they are breaking the law and could be fined $5000.
The landlord/agent is not responsible for any disturbances by your neighbours unless they also rent from your landlord/agent. Your local council may be able to help if you have complaints regarding noise, barking dogs or a noisy building site.Top
When can an Landlord / Agent Enter my Property?
The Act sets out a number of reasons for which a landlord/agent can enter your rental property, and details how much notice you must be given.
A landlord/agent may enter the residential premises between 8 am and 6 pm, by giving 24 hours notice:
• To meet commitments under the tenancy agreement.
• If it is reasonably suspected that the tenant has failed to comply with any provision of the tenancy agreement.
• To ensure repairs have been properly carried out.
• Except in the case of boarding houses, to carry out an inspection within 1 month of the commencement of the tenancy agreement.
• To carry out routine inspections; once a month in the case of boarding premises, or once every 3 months in any other case.
Where a tenancy agreement is due to expire within the next 28 days, or where a notice to vacate or notice to terminate has been given, a landlord/agent may enter the premises by giving 48 hours notice in writing, to show them to one prospective tenant (and anybody accompanying the prospective tenant). A landlord/agent can enter for this reason:
not more than once each day,
not more than 5 days in a week and
only between 8 am and 6 pm.
Where the rental premises are for sale a landlord/agent may enter the premises by giving 48 hours notice in writing, to show them to one prospective purchaser (and anybody accompanying the prospective purchaser). A landlord/agent can enter for this reason:
not more than once each day,
not more than 5 days in a week
and only between 8 am and 6 pm.
Does the Landlord / Agent Need to get my Permission before Entering my Rental Property?
If a landlord/agent is entering the rental property for one of the reasons outlined above they do not have to get your permission, but they do have to give you the required amount of notice. However, if they wish to hold an open house (see below), or enter the property for another reason that is not mentioned in the Act they do need to get your permission
Can the Landlord / Agent Enter Without Notice?
The Act does provide some circumstances when a landlord or agent may enter the rental premises at any time without giving you notice. These are where it is reasonably believed that:
• The tenant is ill or injured and unable to give permission.
• A denial of immediate access is likely to result in damage to all or part or the premises.
• There is a risk to the tenant or another person present on the premises.
• Damage has occurred to the premises.
• The premises have been abandoned.
Can the Landlord / Agent Enter when I am not Home?
The Act does not require a tenant to be home when a landlord or agent enters. If you wish to be home when a landlord/agent wants to visit, it is a good idea to try and arrange this with them.Top
Can an Landlord / Agent Hold an Open House?
If a landlord/agent wants to hold an open house, (where members of the public are invited to view the property that is for lease or sale) they must receive written permission from the tenant. If you agree to the open house, the landlord/agent must be in attendance during it.
A landlord/agent cannot force you to give your permission for the open house, it is totally up to you and you should only give your permission if you are comfortable with the idea. If you do give permission for an open house it is a good idea to remove or make sure that valuable items are not visible, to minimize the potential for theft. (Photos are sometimes taken by the Landlord/Agent and displayed in advertising).
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Can I make a Complaint about my Landlord / Agent's Actions?
If your landlord/agent unlawfully enters your property or does not give you quiet enjoyment of the property you should notify them that they are in breach of the Act, preferably in writing, and you should keep a copy.
If they continue to breach your quiet enjoyment and / or continue to unlawfully enter the property, you can report the matter to Consumer Affairs and Fair Trading. If found to be in breach they may be fined up to $5000.
If you believe that your agent has acted in an unprofessional or incompetent way, you may also make a written complaint to:
Property Agents Board
Royal Engineers Building
2 Davey Street
Hobart TAS 7000
6234 2700
You could also send a copy of your complaint to the Real Estate Institute of Tasmania (REIT),
if the agent is a member. The REIT represents member real estate agents throughout Tasmania. They will only deal with complaints about their members.
Real Estate Institute of Tasmania
33 Melville Street
Hobart TAS 7000
6223 4769
TopLeaving Leases Early Click Here for Printable PDF Format
Sometimes things happen in a tenant’s life and they are unable to stay in the property for the whole of the lease. It could be due to financial issues, changes in relationships or maybe the property itself is no longer suitable.
In these circumstances both the tenant and the agent/landlord have a “duty to mitigate loss”. What this means is that both parties need to prevent each other from incurring losses.The Residential Tenancy Act 1997 (RTA) covers the law regarding termination of leases. Under the RTA if a person on a fixed term lease wishes to leave before the end of the lease, then they are responsible for rent until the end of the lease, unless a new person is found to take on a lease for the property, or unless the tenant serves a Notice to Terminate stating breaches of the lease by the landlord. (If you think your landlord/agent has breached the lease and you want to leave, please contact the Tenants’ Union). Under the RTA the landlord/agent must take all reasonable steps to find a new tenant for the property. These reasonable steps must include offering the property for the same rent, and for the same conditions as the current lease. The tenant is responsible for all of the reasonable costs involved in finding a new tenant.
You may be able to negotiate to terminate the agreement with the landlord/agent. You should make sure that this agreement is in writing, and should state whether you have any further financial obligation, such as rent or other expenses.
If you rent with an agent they may have procedures to find new tenants – but be aware that the costs may eventually be borne by you. We suggest that you tell the landlord/agent that you are moving out as soon as possible, preferably before you move out, in order to reduce costs.
One thing that agents may not tell you is that you are only responsible for any fees and advertising on a pro-rata basis. This means that if you are moving out after 9 months in a 12 month lease, you should only be charged for a quarter of the fees.
Please note that an agent or landlord cannot charge a break lease fee – any charges must be clearly itemised costs eg. advertising costs, cost of a new lease etc.
Keep an eye on newspapers and the internet to make sure that the landlord/agent is advertising the property sufficiently, and that they are offering the property for the same rent and with the same conditions as you had with them.One way to reduce the costs of finding a new tenant is to advertise the property yourself. If you take the time to show potential tenants around the property and find out if they are suitable tenants, you will save the landlord/agent more time (and money).
We suggest that if you can find 4 people who are as suitable as you were when you took the place you should take down their contact details, and give them the details of your landlord/agent.After a week you should phone them back and ask if they contacted the landlord, or agent. If they say that they did, follow this up with the landlord and ask if any of them were accepted, or if not ask for the reasons.
Useful Contacts
Tenants’ Union of Tasmania Inc
166 Macquarie Street Hobart
6223 2641 or 1300 652 641
Residential Tenancy Commissioner (Consumer Affairs and Fair Trading)
1300 654 499
Legal Aid Commission of Tasmania
1300 366 611
The Office of the Anti Discrimination Commissioner
6224 4905 or 1300 305 062
Women’s Legal Service
1800 682 468
Hobart Community Legal Service
6223 2500
Launceston Community Legal Service
1800 066 019
North West Community Legal Service
6424 8720
Auctioneers’ and Real Estate Agents’ Council
6234 2700
Real Estate Institute of Tasmania
6223 4769
