Tenancy Info

For most of us, home is more than just a bed and a roof that keeps the rain off our head. Home is where we can enter a comfortable state of mind where we can relax into our favorite chair and forget about anything that happens outside the front door for a while.

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, a large collection of links to other websites that provide relevant information about tenancy and housing issues. You will find that these links provide you with a wealth of content about other services, advocacy activities and research projects around Australia and the world.

When deciding to rent a property, you need to ask yourself some serious questions, including: Where would I be happy living? Do I need to be close to a station? How much rent can I afford to pay? Don't forget to take into consideration payments for electricity, gas, water, phone, etc. Do I need a garage? A property with a garage will cost more. Should I rent by myself or share with a friend. Our recommendation is if you share you should have the lease in your name only and therefore you can control the tenancy. If sharing does not work out you can ask the other party to move out and try again with a new flat mate, but remember you are not allowed by law to sub-let without the consent of the Landlord.

As the real estate agents entrusted with the management of the landlord's property, it is essential to check a prospective tenant's credentials before the property is let. Prospective tenants are required to provide references, information about themselves, their employment/income and rental history by way of completing application for Residential Tenancy form.

Tenancy Agreements

A Residential Tenancy Agreement allows a tenant to take 'possession' of a property for a limited period of time on certain conditions, including the payment of rent. A tenancy agreement can be written, verbal or even implied - it does not need to be in writing to be binding.

The Residential Tenancy Agreement (and terms and conditions) approved by the Real Estate Institutes of Australia. There are two types of residential tenancy agreements: a periodic tenancy - an agreement (written, verbal or implied) for an indefinite period until it is lawfully terminated by either party or by the Residential Tenancies Tribunal and a fixed term tenancy - a specific time agreed upon at the beginning of the tenancy (eg., six or twelve months).

The landlord's and tenant's rights and obligations under both types of tenancy are exactly the same. There are differences, however, in conditions of termination. A Residential Tenancy Agreement is a legally binding contract whereby both parties agree to abide by the conditions of the agreement. Make sure that you read any written agreement in full and are familiar with all of the conditions included in it. When you sign the Residential Tenancy Agreement you will receive a copy so that you have a record of each party's rights and responsibilities. You will also receive an Inspection Sheet setting out the condition of the property at the beginning of the tenancy.