Frequently Asked Questions

rights and restrictions imposed on Landlords and tenants throughout a residential tenancy agreement.

The Act spells out what is and is not allowed to occur during the term of a tenancy and also specifies the penalties for breaches of the Act.

- whether they are a Landlord privately managing their own rental property or a real estate agent who manages the property on behalf of the property owner.

(to be paid in cash or bank cheque), typically where 4 weeks is allocated to the bond, plus 2 weeks rent in advance.

A prospective tenant will also need to allow for any additional expenses such as removalist costs, truck hire, connection of gas, electricity, telephone (including internet access and pay TV if required).

providing you with their full personal details and history.

As a minimum, you should collect information such as their current/previous residential addresses, their current/previous employment history, personal and work-related references and they will need to produce identification (usually a copy of their drivers licence is sufficient and/or a copy of their birth certificate or passport).

Members of Private Landlords have access to detailed, thorough Tenant Application Forms and Reference Check Forms.

not their application is acceptable within a day. A tenant’s application can be checked and verified quite quickly, as long as they have provided all the details required and their references are available to speak with.

It is generally advisable to tell a tenant you will come back to them within 24 hours to notify them of the outcome of their application. This is both professional and courteous, as well as demonstrating you are respectful of the tenant’s time.

properties) only covers the building. Tenants need to arrange their own separate insurance cover for their belongings (eg. furniture, televisions, computers, stereo equipment, electrical goods, etc).

Whilst tenants are not required by law to have Contents Insurance, our view is that it is wise to clarify that your insurance does not extend to their belongings and point out to your tenant that in order for them to protect their belongings from risk, they will need to take out their own Contents policy for an appropriate level of cover.

records of rent payment. Unless your tenant is electronically transferring the money into your bank account, you must issue the tenant with a receipt each time.

Rent receipts are required to contain very specific information, otherwise substantial penalties can be imposed on Landlords who do not comply with these requirements. Members of Private Landlords receive access to simple, yet detailed rental receipts in the correct format.

circumstances Landlords can visit and enter their rental property. The Act details various obligations, restrictions and rights imposed on Landlords and tenants, but “as a rule”, the tenant does have a right to “quiet enjoyment” of the property, so – No – you can not simply go to your rental property and expect to be able to enter it.

Landlords may only enter their rental premises by mutual agreement with the tenant or by issuing the tenant with the correct form of entry notice, giving the appropriate notice (usually between seven & 14 days, but can be shorter notice if “reasonable”, such as 24-72 hours depending on the reason, and less in an emergency).

The time frame varies due to the circumstances surrounding the reason for entry. Members of Private Landlords have access to detailed, thorough explanations of a Landlord right to entry of premises, as well as automated, pre-prepared Entry Notice Forms in the correct format.

They must first provide the tenant with reasonable notice and can then show a prospective buyer through at any reasonable hour and on a reasonable number of occasions.

unless special arrangements have been made and agreed to in writing that a duplicate set of keys not be provided to you. She needs to be aware that locks can only be changed if she has a reasonable excuse for doing so, or if you, as the owner of the property, agree to her request for the change.

If you, as the owner of the property, do not agree, she can apply to the courts to have a decision made by them. The same applies to the you, as the owner of the property, if you wish to have the locks changed and your tenant won’t agree. Under the Residential Tenancies Act, if a tenant or a property owner change the locks without the agreement of the other, a $4000 fine may be imposed.

as these:
(i) a burst water service;
(ii) a broken hot water service;
(iii) a sewerage blockage;
(iv) a broken sewerage fitting;
(v) a serious roof leak;
(vi) a gas leak;
(vii) an electrical fault likely to cause damage to property or to endanger human life;
(viii) flooding;
(ix) a fault in a lift in the rented premises;
(x) substantial damage caused by flooding, storm or fire;
(xi) a broken refrigerator or washing machine (only where these are included in the tenancy)

For urgent repairs, Landlords should attempt to respond to the tenant’s request within one hour. Unless the tenancy agreement has specifically excluded this provision of the Act, urgent repairs can be arranged by the tenant under certain circumstances if they have made reasonable attempts to contact the Landlord, and the Landlord will be required to compensate the tenant for the reasonable cost of urgent repairs.

Members of Private Landlords have access to detailed, thorough explanations for repair and maintenance procedures, as well as Forms for the tenants to use when requiring repairs or requesting maintenance, which helps minimise mis-understandings relating to repairs costs and responsibilities.

householder’s insurance policy, but if there is an excess to pay on the claim, the amount of excess will be the tenant’s responsibility.

tenants with regard to “cleanliness”.

It is the Landlord’s responsibility to ensure that the property has been pest controlled and free of pests and rodents prior to the tenant moving in, however, it is the tenant’s responsibility to keep the property free of pests and rodents unless specifically stated otherwise in the tenancy agreement.

are to continue to pay rent until the tenancy agreement expires, or until someone else moves into the property at the same rent. If this occurs, they will be liable for all costs associated with breaking the lease, including advertising charges.

Members of Private Landlords have access to detailed, thorough explanations of Landlord rights and tenant obligations during a “lease-break” situation, as well as Forms for the tenants to use if they need to break their lease, and step-by-step procedures for Landlords to follow to help ensure they are not left out-of-pocket.

tenancy agreement, so too is a tenant allowed to breach their Landlord. Whether or not the breach is valid will depend on what the tenant alleges the breach is for, but the Residential Tenancies Act imposes obligations on Landlords as well as tenants and failure to meet these obligations could see you in breach of the agreement.

barking dog about the situation. If there is no change then your tenant should contact the local council and lodge a formal complaint.

your permission before his friend can move in, otherwise your tenant will be in breach of the tenancy agreement.

If you are happy for your tenant’s friend to move in, your tenant should advise you of that person’s name and you can add them as an ‘approved applicant’ only.

Your tenant will need to understand that once his friend moves in, the Residential Tenancies Act makes your tenant responsible for any breaches and/or damage caused by his friend and that your tenant remains solely responsible for the rent payments and every other term and condition within the tenancy agreement.

agreement allows for it. If it doesn’t, you must wait until the tenancy agreement expires and then you must give your tenant the correct and required notice.

Members of Private Landlords have access to detailed, thorough explanations, step-by-step procedures and templates on conducting rent reviews, as well as automated, pre-prepared Rent Increase Notices in the correct format, so Landlords can maintain higher returns from their rental properties.

she hands the keys back to you. Also make sure that the house is left in a clean and tidy condition. Excluding ‘fair wear and tear’, if there is no damage or other deductions required, then your tenant can expect her full Bond amount returned.

Members of Private Landlords have access to detailed, thorough explanations, step-by-step procedures and templates to assist with vacating a property, as well as automated, pre-prepared Forms in the correct format. There’s even a Form to give to your tenant, with a list of things that they will need to be do at vacating time.

tenants who have previously defaulted under a tenancy agreement. This information is not generally accessible to property owners to find out if a prospective tenant has had a bad rental history.

Don’t rely on thinking things will be ok just because the tenant “seems nice”, or because they are polite and well dressed.

Members of Private Landlords have access to tenancy database checks on prospective tenants. Tenants should be aware that hiding their rental history is a thing of the past.

then they will also need to produce a receipt or invoice to prove that the work has been carried out by a reputable, professional carpet cleaning company.

compensation from the tenant. The Members section of our website contains the procedure for preparing for a court hearing.

tenancy can help prevent any disputes from arising at the end of the tenancy. Wherever possible, it is preferable for Landlords to try reach a mutual agreement with their tenants, though it may be necessary to file for a Court hearing and allowing the Magistrate to determine the outcome.

Members of Private Landlords have access to detailed, thorough templates and step-by-step guides on preparing a Property Condition Report (PCR), so when the tenant vacates, there is an accurate record available to compare the condition of the property at vacating to how it was when the tenant moved in.

This can help avoid frustration and disagreements over any Bond-related deductions. There are also simple, yet detailed explanations and guides on the process of preparing for and going to Court with your tenant. It doesn’t need to be daunting and you shouldn’t be left out of pocket.

tenancy period ended on the date noted in the tenancy agreement. As a courtesy, your tenant should have given you some prior notice (eg. at least 21 days notice in writing) of their intention to vacate – but this is not a legal requirement. Under the terms of the fixed-term lease, a tenant is entitled to simply leave after the last day, without giving you any further notice. Rude and inconsiderate.....yes, but also completely legal.

If your tenant had a periodic tenancy lease (ie. month by month), they are required to provide you with ‘not less than 21 days notice’ in writing of their intention to vacate.

Members of Private Landlords have access to detailed, thorough templates and step-by-step guides on renewing a tenancy agreement, so that they aren’t left wondering whether the tenant will stay or go, allowing Landlords to control the process and minimise disruptions to, or loss of, rental income through preventable vacancy.