If you're considering renting your property privately, it's important to know your state's Tenancy Act inside out - both to help ensure you don't break the rules and to avoid being taken for a ride by opportunistic tenants.
A Tenancy Act outlines a standard agreement, including the rights and obligations to both landlords and tenants. The Act gives each State's relevant body the power to hear and resolve disputes regarding residential and commercial tenancies.
Tenancy Acts typically cover private tenants with either a written or oral agreement, including social housing tenants. Not covered under standard residential Acts are: residential aged care facilities; serviced apartments, backpacker hostels, hotels and motels; hospitals and nursing homes; and boarding and lodging agreements.
Typically each State's regulatory regime includes the following requirements: tenants must receive a copy of the tenancy agreement and a landlord-completed condition report prior to moving into the property. Premises must be fit to inhabit and in a reasonable state of cleanliness at the commencement of the lease. Landlords are responsible for providing tenants with receipts and a means of paying rent without incurring additional charges. Tenants can also reasonably expect peace, comfort, privacy and security.
In turn, expectations on tenants include: paying rent on time, maintaining the premise's standard, paying for damages caused by themselves or their guests, not using the premises for illegal activities, and not causing a nuisance or interfering with neighbours' peace, comfort or privacy.
In addition most regulatory regimes do not permit landlords to include miscellaneous requirements in their leases, such as the tenant being required under the agreement to take out a specific sort of insurance, to exempt you from any form of liability, or that tenants in breach of the agreement will be penalised by rent hikes.
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).