| Tenancy Info
Whether your moving form overseas, interstate or locally its important to understand the rights and laws of renting properties in Australia. Each of the seven states of Australia are governed by different legislation. It is important that you read and understand this information depending on which state you are planning to rent in.
Whether you rent or own your home, knowing your rights and responsibilities may help you avoid or resolve differences you have with your neighbours, tenants or landlord.
In this section, you will find out about the rights and responsibilities of tenants - from beginning through to ending a tenancy, how to get repairs done etc, privacy and what to do if you have a problem.
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Renting in ACT The Residential Tenancies Act 1997 (RTA) regulates public and private residential tenancies in the ACT.
This legislation provides a framework of basic protections for tenants which can't be taken away by the standard tenancy agreement you sign, or by private agreement between the lessor and tenant.
It is in your interests as a tenant to understand these protections and rights so that you can enjoy your tenancy, and get proper value for the rent you pay.
Never sign anything if you are not sure of its meaning.
Before the commencement of the tenancy agreement the agent or lessor must provide, or advise you of how to obtain, a copy of the Consumer Affairs Bureau booklet The Renting Book (you can download it from the Department of Fair Trading website). This booklet is a general guide to a person's rights and responsibilities as a tenant, property owner or real estate agent.
For more information visit ACT Office of Fair Trading or visit the Tenants' Advice Service web site which is a free advice service for ACT tenants. This service is operated by the Tenants' Union ACT in partnership with the Welfare Rights Legal Centre.
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Renting in New South Wales In New South Wales , the main pieces of legislation that outline the rights and responsibilities of those in the public and private residential tenancy market are the:
This section provides detailed information for tenants renting a residential property. Go to the following pages for information on:
For further information, see the following fact sheets:
For information on being a landlord, please visit the Managing a property yourself page of this website.
Get a free copy of Adobe Acrobat Reader so you can access PDF versions of our information.
Top Renting in Northern Territory The Tenancy Unit within Consumer and Business Affairs is responsible for the day to day administration of tenancy legislation applicable in the Northern Territory .
Services provided include, advice to landlords and tenants on their respective rights and responsibilities and a comprehensive dispute resolution service.
In addition the unit also engages in a variety of educational activities for the real estate industry, tenants and landlords.
The Tenancy Unit currently administers the Residential Tenancies Act, the Tenancy Act and the Business Tenancies (Fair Dealings) Act.
Most residential tenancy agreements in the Northern Territory are covered under the Residential Tenancies Act.
The handbook titled Tenants and Landlords: A Guide to Renting in the Northern Territory provides a comprehensive guide to the rights and responsibilities of both landlords and tenants and is cross-referenced to the relevant parts of the Act.
The Department of Justice Tenancy Unit is also available to assist tenants and landlords with information regarding residential tenancies.
The Tenancy Unit also provides a comprehensive dispute resolution service. The Act gives the Commissioner of Tenancies the necessary powers to resolve any dispute that may arise between the parties to a tenancy agreement and outlines the processes to be followed.
In most instances the Tenancy Unit will attempt to resolve the issue through a process of conciliation. Where this is unsuccessful, a formal Inquiry is conducted where both parties to the dispute are required to attend a hearing before the Commissioner.
Disputes may be lodged by either party, and must be in writing. A form and information to assist persons wishing to lodge a dispute is available.
Can't find the information you're looking for? Call the Consumer and Business Affairs centre on 1800 019 319, or visit their web site on http://www.caba.nt.gov.au
Top Renting in Queensland In Queensland, people who rent housing are covered by the law - the Residential Tenancies Act 1994 (the Act). The Act sets out the rights and responsibilities of tenants and lessors. It describes what you and the lessor/agent can and can't do, how to address issues that may arise during the tenancy and explains what happens if the lessor/agent or tenant breaks the law.
The Act applies to all types of tenants including:
- private tenants who rent directly from the lessor or through a real estate a gent or housing manager
- public housing tenants
- community housing tenants
- tenants of Aboriginal and Torres Strait Islander Community Councils
- tenants in government employee housing and
- tenants in general employee housing
While the Act applies to all residential tenants, some parts of the Act are different for some types of tenants. The Act does not apply to:
- holiday lettings
- boarders and lodgers (except for the section about rental bonds)
- educational institutions (except for employee housing) or
- retirement villages.
For more information visit the Residential Tenancies Authority (RTA) on http://www.rta.qld.gov.au
Top Renting in South Australia The Office of Consumer and Business Affairs provides services to tenants and landlords/agents of residential properties and proprietors and residents of rooming houses in South Australia . The following information outlines the legislative rights and responsibilities in relation to the Residential Tenancies Act 1995 and Regulations.
The Office of Consumer and Business Affairs provides free information sessions which are tailored to meet the specific needs of landlords, property managers and tenants.
The tenant rents residential premises from a landlord. The tenant is given possession of the premises as the tenant's home, with the same rights of privacy, peace and quiet to which a home owner is entitled. The tenant must also abide by the requirements of the Residential Tenancies Act. The tenant must pay the rent on time, keep the premises clean, repair damage caused by the tenant or guests and abide with all the conditions included in the tenancy agreement. The tenant must also notify the landlord of any maintenance or repairs that are required to be carried out.
The tenant has an obligation to:
- pay rent when it is due;
- keep the premises and ancillary property in a reasonable state of cleanliness;
- not intentionally or negligently cause or permit any damage to the premises and ancillary property;
- not use the premises and/or ancillary property or cause or permit them to be used for any illegal purpose; and
- not permit any interference with the reasonable peace, comfort or privacy of another person who resides in the immediate vicinity of the premises.
- notify the landlord/agent of maintenance and repairs required.
- report damage caused by the tenant or guests.
The landlord rents residential premises to a tenant. The landlord must abide by the requirements of the Residential Tenancies Act. One of these requirements is that the landlord must ensure the premises (and ancillary property) comply with health, safety and housing standards. The landlord must provide the premises in a reasonable state of cleanliness and repair and must maintain them (having regard to their age, character and prospective life). The landlord is to abide with all the conditions included in the tenancy agreement and supply agreed services.
The landlord has an obligation to:
- provide the premises in a clean and reasonable state;
- maintain and repair the premises;
- give proper receipts for any moneys received from the tenant;
- keep proper records of rent received relating to the tenancy;
- ensure that the tenant is given reasonable peace, comfort and privacy whilst living in the premises;
- pay council rates and taxes;
- provide and maintain locks to ensure the premises are secure;
- provide a copy of the lease agreement;
- provide a copy of the Information Brochure;
- lodge a security bond money with the Commissioner for Consumer Affairs if a bond is requested from a tenant;
- complete and provide two (2) inspection sheets at beginning of a tenancy.
For more information visit the Office of Consumer and Business Affairs on http://www.ocba.sa.gov.au
Top Renting in Tasmania Consumer Affairs and Fair Trading has responsibility for a range of tenancy and real estate matters. The most important legislation administered by the Office is the Residential Tenancy Act 1997, which also covers the Residential Tenancy Commissioner. The Office of the Residential Tenancy Commissioner is also located within Consumer Affairs and Fair Trading.
Whether you are a tenant or a property owner, Renting in Tasmania provides detailed information that will assist you to better understand your rights and obligations under the residential tenancy law. Disputes over the return of a security deposit are dealt with by the Residential Tenancy Commissioner.
The Residential Tenancy Act 1997 became law on 1 July 1998. The Act sets out the rules which apply to residential tenancies in Tasmania. For more detailed information you should consult the Residential Tenancy Act 1997, or seek further advice.
When a property is rented there will be an agreement which sets out the terms and conditions of that rental. A tenancy agreement between a property owner and a tenant may be in writing or it may be a verbal agreement.
Where the agreement is in writing, it should be easily legible, clearly expressed and where printed, in 10 points or more. The owner / agent is to give the tenant a copy of the agreement within 14 days of the beginning of the tenancy.
If an agreement is verbal or partly verbal, the owner is to give the tenant a copy of the Renting in Tasmania Booklet. Copies of this booklet can be obtained from Consumer Affairs and Fair Trading, or downloaded below.
For more information visit the Consumer Affairs and Fair Trading Affairs on http://www.consumer.tas.gov.au
Top Renting in Victoria When renting a house, apartment or unit, it is important to understand the rules and regulations that govern the real estate and renting industry. Whether renting as a tenant or leasing as a landlord, you must be aware of such issues as lease agreements, rental bonds, inspections, residential contracts, the body corporate, repairs and maintenance.
For instance the general rules include paying the rent on time and keeping the premises clean and without damage. Likewise, the landlord has the responsibility of ensuring the premises are clean when you move in, keeping it in good repair and that you are not unnecessarily disturbed.
You will need to check that everything on the property works correctly, including the oven, plumbing, lights, heating, security systems, door and window locks.
A Residential Tenancy Application form helps the landlord check your references and credit history. If you fill out his form, make sure it includes a privacy statement about how your information will be used.
You must be aware that paying a 'holding deposit' may not guarantee you the property, but it could commit you to a lease!
The Residential Tenancy Agreement is a legal contract between you and the landlord, which sets out the terms and conditions of the renting. This is also referred to as the 'lease'. It should include:
- Property location
- Total rent amount
- Amount of the Bond money
- Start and end date of the tenancy term
- The landlord's name
Read it through carefully and never sign a blank form. Ask for help if you are not sure.
For more information visit the Consumer Affairs Victoria on http://www.consumer.vic.gov.au
Top Renting in Western Australia Do you have questions about any of the below?
- Getting your bond back
- Rent increases
- Eviction
- Ending a tenancy
If you have any questions or problems with your rental, you can find important information in Renting a home in WA: The essential guide [188kb PDF], which provides you with advice and information on your rights and responsibilities as a tenant.
The information is relevant to most type of rentals, including flats, units, houses, and park homes.
Information for landlords can be found in the business section under Landlords & owners.
Important information relating to the changes to the residential tenancies regulations 1989
Can't find the information you're looking for? Call Department of Consumer & Employment Protection centre on 1300 30 40 54, or send an email to consumer@docep.wa.gov.au.
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