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Overview - Landlord Infromation - Obligation - Landlord Rights - A State And Territory Breakdown

Australian states and territories have long-established tenancy authorities to protect the rights of both landlords and tenants. For landlords, an in-depth knowledge of your rights before committing to managing your property privately will ensure you remain on the good side of the relevant government bodies.

Landlord rights are detailed in the lease agreements signed by landlords and tenants at the start of every tenancy. Extra conditions to boost landlord rights can be added to the agreement provided they don't contravene the relevant state's or territory's Tenancy Act. If you do plan to add conditions, be sure to seek expert advice to reduce the risk of unwittingly voiding your agreement.

There are several key areas in which landlord rights apply. However, these do differ from state to state...

Australian Capital Territory
In our Nation's Capital, landlord rights include collecting four weeks' bond and one month's rent in advance. Rental increases aren't permitted for the first year of the lease. For subsequent years only one annual increase is allowed with eight weeks' forewarning. Landlords are required to give 14 days to 26 weeks notice to end a tenancy.

New South Wales
The Waratah State allows landlords to collect four weeks' bond and two weeks' advance rent. Rent increases for fixed terms over two years are permitted without needing to write it into the rental agreement. Sixty days' notice is required. Landlords wishing to end a tenancy in NSW can do so - with a number of stipulations. Only 14 days' notice is required if the tenant is more than two weeks in arrears. If the agreement has come to an end or the premises has been sold 30 days' notice is required. Ninety days' notice is required if no new lease has been signed following expiry of a fixed-term agreement.

Northern Territory
In Australia's Top End, four weeks' rent as bond is permitted under landlord rights, plus one period of rent in advance. Any rent increase must be detailed in the rental agreement including the amount and how it was calculated. There must be at least six months between each rent increase.

Queensland
The Sunshine State bases rental bonds on the amount of weekly rent a tenant pays. If rent is less than $500/week, four weeks' bond is permitted; if rent is more than $500/week, unlimited bond is permitted. Two weeks' advance rent applies to periodic rent agreements; one month for fixed-term rental agreements. Any rent increases must be specified in the tenancy agreement, with at least six months between hikes. On either fixed-term or periodic leases, the landlord must give two months' notice to tenants.

South Australia
South Australian landlords can collect between four and six weeks' bond dependant on their tenants' weekly rent, and two weeks' advance rent. Any rent increase must be detailed in the rental agreement including the amount and how it was calculated. There must be at least six months between each rent increase.

Tasmania
Tasmanian landlords are permitted to collect four weeks' bond and one month's rent in advance. Any rent increases must be specified in the tenancy agreement, with at least six months between hikes. Sixty days' notice is also required. Landlords must give tenants between 14 and 28 days' notice to end a tenancy.

Victoria
Victoria bases rental bonds on the amount of weekly rent a tenant pays. If rent is less than $350/week, one month's bond is permitted; if rent is more than $350/week, unlimited bond is permitted. Any rent increase must be detailed in the rental agreement including the amount and how it was calculated. There must be at least six months between each rent increase. Ninety days' notice is required for landlords seeking to end a tenancy.

Western Australia
Western Australian landlords can apply an unlimited bond for weekly rents over $500 or if the owner was living in the property for the previous three months, and two weeks' advance rent. Any rent increase must be detailed in the rental agreement including the amount and how it was calculated - 60 days' notice is required. Generally, landlords' decision to end a tenancy must also come with 60 days' notice.

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General Disclaimer

General Disclaimer

The information contained in TenancyCheck.com.au website is general information only and does not constitute legal, financial or compliance advice. As the laws relating to tenancy agreements may have changed we recommend you check with the relevant State or Territory government department. We also recommend that you obtain your own independent legal advice about matters relating to landlord obligations, tenant rights and any legal disputes you may have with a tenant(s).