RESIDENTIAL TENANCIES ACT - ACT EXAMPLE

EXAMPLE - ACT

The 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.

See
tenancy agreement.


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 Residential Tenancies Tribunal.
BEFORE THE AGREEMENT IS SIGNED
Before signing the agreement:


CHANGING THE TENANCY AGREEMENT AFTER IT HAS BEEN SIGNED
Unless both parties agree, a tenant or lessor cannot change a tenancy agreement after it has been signed.

DURING THE TENANCY

Once 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:


PROPERTY MAINTENANCE
The tenant has the responsibility for maintaining the property in a reasonable condition throughout the tenancy agreement. The tenant should:


At 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.

When 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.

See:
subtenancy and assignment
rent
bonds - rent
reading of metered services
remedies available to the tenant
urgent repairs
repairs to the property
termination of a tenancy
termination of a periodic tenancy
termination by the tribunal
termination with the agreement of the lessor
abandonment - tenancy
3