TENANCIES ACT - ACT EXAMPLE
Residential Tenancies Act 1997 (ACT) (RTA) commenced on 26 May 1998.
Under the act if a tenant enters into a tenancy agreement on or after
this date the new law applies. The Act will affects tenants,
landlords and owners. This Act applies to both private and public
tenancies. If a person rents a house, a fiat or a room from a
private owner or the government then the Act will apply.
EXAMPLE: if the
tenant and the lessor or agent cannot agree on the extent of the
damage, it may be necessary to have it decided by the
THE AGREEMENT IS SIGNED
signing the agreement:
- the lessor must
give the tenant a copy of the proposed tenancy agreement.
- the lessor must
indicate to the tenant any terms or conditions which are inconsistent
with the standard tenancy conditions and the manner in which they are
- the tenant must
be given a copy of “The Renting Booklet”.
- the tenant must
be given reasonable time to consider the agreement.
- the tenant in
turn must provide the lessor with his or her full name.
- a property
owner must provide the tenant with his or her name and an address where
the tenant can contact the owner.
- if the
agreement is signed by a real estate agent on behalf of a property
owner, the agent must provide the tenant with the agency's full name,
the fact that they are acting as an agent, and if the agent is a
company, an employee (usually the property manager) who can be
contacted in relation to the agreement.
THE TENANCY AGREEMENT AFTER IT HAS BEEN SIGNED
both parties agree, a tenant or lessor cannot change a tenancy
agreement after it has been signed.
a tenant has entered into a tenancy agreement with a lessor both
parties have rights and obligations. The tenant can only use the
property for a residential purpose. The tenant has an obligation
under the agreement not to:
- use or allow
the property to be used for an illegal purpose.
- cause or allow
- interfere with
the quiet enjoyment of neighbours
- leave the
property vacant for more than 21 days without informing the lessor.
- sublet part or
all of the property without the written consent of the lessor.
tenant has the responsibility for maintaining the property in a
reasonable condition throughout the tenancy agreement. The tenant
intentionally or negligently damage the property.
- notify the
lessor of any damage in the as soon as practicable.
- maintain the
property and any contents in a reasonable and clean condition.
the end of the tenancy agreement the tenant should leave the property
in substantially the same condition as at the beginning of the
tenancy, subject to fair wear and tear. The tenant should not make
any alterations to the property without the Iessor’s consent. A
lessor should not be unreasonable in granting consent to a tenant to
make alterations to the property. For example, the tenant should not
install picture hooks without the lessor's consent or install a
pergola on the property without the consent of the lessor.
a tenant leaves a property there are a number of matters that need to
be seen to. It is advisable when the tenant leaves the property that
both parties arrange for a joint inspection of the property, both
parties should come to an arrangement to rectify any problems which
are identified as part of the final inspection. The tenant should be
given a reasonable opportunity to rectify any damage which was caused
by the tenant.
of metered services
available to the tenant
to the property
of a tenancy
of a periodic tenancy
by the tribunal
with the agreement of the lessor