What is the legislation governing residential tenancies in Tasmania?
The Residential Tenancy Act 1997 governs residential tenancy agreements, including agreements for boarding premises.
What rental accommodations are NOT covered by the Act?
The Act does not cover:
(a) any agreement under a mortgage in respect of residential premises;
(b) any agreement relating to residential premises under a scheme under which a group of adjacent or adjoining premises is owned by a company, and the premises comprising the group are let by the company to persons who jointly have a controlling interest in the company;
(c) any agreement for a residential premises not ordinarily used for holiday purposes for the purpose of a holiday for a period not exceeding 3 months;
(d) hotels or motels that are not boarding premises;
(e) holiday accommodations;
(f) any boarding premises located in a building containing less than 3 boarding premises where (i) the owner occupies the same building as a principal place of residence; or (ii) the tenant occupies the building as a principal place of residence and sub-lets the boarding premises;
(g) educational institutions, clubs, hospitals, nursing homes, or any premises used to provide residential care, within the meaning of the Aged Care Act 1997 of the Commonwealth;
(h) any premises in respect of which a memorandum of lease is registered under the Land Titles Act 1980.
Is it necessary to have a written tenancy agreement under the Act?
A residential tenancy agreement can be written, oral, or partly written and partly oral. The agreement is considered to be for a fixed term if it is for a period of at least 4 weeks. If the agreement is in writing, the landlord must provide the tenant with a signed copy within 14 days after the agreement takes effect.
What about a signed property condition report?
If the landlord requires a security deposit for the premises, the landlord must give the tenant 2 copies of a report stating the condition of the premises on or before the date of occupancy. The tenant must sign one of the copies and state on it whether s/he agrees or disagrees with anything contained in the condition report, and return that signed and endorsed copy to the landlord within 2 days.
How much advance rent can the landlord charge?
The landlord can charge rent in advance for 1 payment period. The payment period cannot exceed 2 weeks in the case of boarding premises, and 4 weeks in every other case. The payment period must not be varied during the period of the residential tenancy agreement unless the owner and tenant agree. The landlord cannot require post-dated cheques for rent.
How much can the landlord charge for a security deposit?
Except in the case of boarding premises, a landlord can charge a security deposit. The total of the security deposit must not exceed 4 weeks' rent. The landlord cannot require more than one security deposit in relation to any one residential tenancy agreement, so if there are two or more tenants sharehousing under the agreement, the landlord is still only allowed to charge a single security deposit.
At the end of the tenancy, the landlord must return the security deposit to the tenant within 3 business days, together with the prescribed amount of interest (if any), less any deductions made by the landlord for unpaid rent, damage or expenses that the landlord is allowed to deduct. If deductions are made, the landlord must also give the tenant a notice stating the reasons for the deductions, a statement of the loss incurred by the landlord, or an estimate of the date on which the landlord expects the loss to be determined.
When is the landlord allowed to increase the rent?
If there is no written tenancy agreement, or if there is a written agreement which contains a provision for a rental increase, the landlord may increase the rent upon 60 days written notice to the tenant. If the rent has been previously increased, the landlord cannot raise the rent again for at least 6 months after the last increase.
How can a tenancy agreement be terminated?
Unless earlier terminated, a tenancy agreement for a fixed term expires on the date specified in the agreement. A residential tenancy agreement that has expired may only be extended or renewed within 28 days after it has expired. A residential tenancy agreement for a fixed term may only be extended or renewed by agreement in writing between the landlord and the tenant.
Either party can terminate a tenancy agreement for a non-fixed term by giving at least 14 days written notice, unless the premises are boarding premises, in which case at least 2 days written notice is required. If the landlord wishes to sell, renovate or use the property for another purpose, 90 days' written notice must be given.
When is the landlord permitted to enter the premises?
The landlord can enter the premises if the tenant gives permission or if the tenant has requested the landlord to enter to do repairs or maintenance. The tenant's permission is not required if:
(a) the landlord has requested permission and the tenant has not given it within 3 days;
(b) the tenant is ill or injured and unable to give permission;
(c) in an emergency;
(d) there is a danger to the tenant or to any other person on the property;
(e) damage has occurred or is occurring to the property; or
(f) the landlord believes that the property has been abandoned.
The landlord must give 24 hours notice (i) to show the property to prospective tenants or purchasers; (ii) to meet its obligations under the lease, such as to perform repairs; (iii) if the landlord suspects that the tenant has not complied with the lease; (iv) to ensure that repairs have been properly completed; (v) to carry out routine inspections, but not more than once in a 3-month period.
Otherwise, to enter the premises without permission, the landlord must give 3 days written notice.
On what grounds can a landlord evict a tenant?
The landlord can terminate the tenancy agreement and take possession of the premises for a number of reasons, including:
(a) the tenant has failed to pay the rent;
(b) the tenant has failed to comply with any provision of the tenancy agreement;
(c) the tenant has caused or permitted serious damage to the premises or the landlord's property, or any neighbouring premises;
(d) the tenant has caused or threatened physical injury to the landlord, the agent, or any person occupying neighbouring premises;
(e) the tenancy agreement expired less than 28 days before, or is due to expire at least 28 days after, the service of the notice;
(f) the tenancy agreement is not for a fixed period and the premises are to be sold, renovated or used for another purpose;
(g) the premises are being foreclosed or sold;
(h) the tenant has caused substantial nuisance at the premises.
The landlord is prohibited from seizing the tenant's possessions in lieu of unpaid rent.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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