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Overview - Landlord Information - Obligations - Tenancy Laws To Benefit Both Landlords And Renters

According to the Global Property Guide, Australia's tenancy laws are neutral between landlord and tenant - meaning both parties enjoy equal protection from their state's and territory's Residential Tenancy Act.

Tenancy laws and dispute resolution in each state are managed by different bodies. In all states rent can be freely negotiated. Increases, however, can be submitted by the tenant to a tribunal (or to a magistrate in Tasmania and Western Australia) if they feel it's excessive. It's the tribunal's duty to review rents on similar properties, the proposed rent percentage increase, the condition of the property, the time since the previous rent increase, and any other relevant factors.

Both landlords and tenants can lodge disputes with the various bodies provided they are covered by the Residential Tenancies Agreement. Examples of common applications relating to tenancy laws include: termination of a tenancy agreement; termination and possession order; order for payment of rent arrears; compensation and reinstatement for wrongful eviction; rental rate increase reviews; and reduction or reimbursement for rent paid and payable.

Australian Capital Territory Residential Tenancies Tribunal

  • Rent may not be increased more that once a year

  • Eight weeks' notice must be given for proposed rent increases

  • The maximum rent advance is one month

  • The maximum bond is four weeks' rent

  • To terminate a tenancy at the end of a fixed-term agreement, three week's notice must be given

New South Wales Consumer, Trader & Tenancy Tribunal

  • Sixty days' notice must be given for proposed rent increases

  • The maximum rent in advance is two weeks if weekly rent is less that $300, or four weeks if it is greater

  • Maximum bond rates differ between furnished and unfurnished properties. For furnished properties with weekly rents of more than $250, the bond is unlimited

  • To terminate a tenancy at the end of a fixed-term agreement, 14 days' notice must be given

Northern Territory Consumer and Business Affairs and Northern Territory Department of Justice

  • Landlords can only increase rent at six month intervals

  • Regardless of the type of rental agreement the Northern Territory requires 30 days' notice

  • The maximum rent advance is a single rental period

  • The maximum bond is four weeks' rent

  • To terminate a tenancy at the end of a fixed-term agreement, 14 days' notice is required

Queensland Residential Tenancies Authority and Small Claims Tribunal

  • A minimum one-month notice required for fixed-term agreements

  • A maximum of one month's rent in advance is allowed for fixed-term leases, and two weeks for periodic leases
  • An unlimited bond can be requested for properties with weekly rent in excess of $500
  • To terminate a tenancy at the end of a fixed-term agreement, 14 days' notice is required

South Australia Residential Tenancies Tribunal

  • Landlords can only increase rent at six month intervals

  • Sixty days notice must be given for proposed rent increases

  • Four weeks' rent as bond is permitted if rent is less than $250 a week. For properties with weekly rent above $250, six weeks' rent as bond is permitted

  • There's no minimum notice period at the end of a fixed-term agreement - the landlord and tenant must reach an arrangement

Tasmania Consumer Affairs and Fair Trading and the Residential Tenancies Commissioner

  • Sixty days notice must be given for proposed rent increases

  • The maximum deposit is one month's rent

  • At the end of fixed-term agreements, 28 days' notice must be given

Victorian Civil and Administrative Tribunal

  • Sixty days' notice must be given for proposed rent increases

  • The maximum deposit is one month's rent for properties where the rent is less that $350/week

  • The Tribunal will determine the bond for properties with weekly rentals in excess of $350. For properties earning less than $350/week, the maximum bond is four weeks' rent

  • Ninety days' notice is required for fixed-term agreements of less than six months

Western Australia Department of Consumer and Employment Protection and a Magistrates Court

  • Landlords can only increase rent at six month intervals

  • Sixty days' notice must be given for proposed rent increases

  • The maximum bond is four weeks' rent

  • There's no minimum notice period at the end of a fixed-term agreement - the landlord and tenant must reach an arrangement

For further information on state tenancy laws, visit individual tribunal websites.

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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).