Tenants - Frequently Asked Questions
The property I am renting is for sale. How much notice should the landlord / property manager give me for prospective buyers wishing to look through the property? The Residential Tenancies Act suggests that the owner or agent may enter the property, for the purpose of showing the premises to prospective purchasers, at any reasonable hour and on a reasonable number of occasions, after giving the tenant reasonable notice. The property I am renting has now been sold. I have a fixed 12 month lease with 6 months still to run. What will happen to my lease? A fixed term lease stays in place when a property is sold. As a tenant you have the right to remain in the property until the end of your lease. The new owner takes on the same lease rights and obligations as the previous owner. How often can the property manager carry out routine inspections? Normally the first routine inspection would be carried out after the first six weeks, and thereafter on a quarterly basis. Do I have to pay a pet bond? The Residential Tenancies Act at suggested a further to be collected if the tenant is permitted to keep any cat or dog on the premises to meet the cost of fumigation if required at the termination of the tenancy.
If the property I am renting does not have door or window locks what can I do? The Residential Tenancies Act suggests that the owner shall provide and maintain such locks or other devices as are necessary to ensure that the premises are reasonably secure. I have a periodic lease and the house has been sold, how much notice does the owner/ property manager have to give me? Unless you have discussed and consented to alternative arrangements with your owner / property manager you are to be given written notice to move not less than 30 days. If I do not agree with the final inspection report and the deductions from my bond what can I do? At the final inspection when vacating a property, the property should be in similar condition as shown on the original property condition report. Should you not agree with the deductions to be made from your bond and you cannot resolve the issue with the owner through the managing agent, then the dispute would have to be resolved in legally. What happens if I do not pay the agreed rent? A basic obligation of a tenant is to pay the rent. If the rent is not paid by the agreed date, then the owner/ property manager will seek to end the tenancy. The tenancy may be ended through two alternatives: Firstly, not less than one day after the rent should have been paid; the owner may issue a Breach Notice or Non Payment of Rent. This notice requires the tenant to pay all outstanding rent within 14 days. If the rent remains unpaid, the owner may issue a Notice of Termination for Non Payment of Rent. This notice seeks to terminate the tenancy agreement and requires the tenant to leave the property within seven days. Secondly, not less than one day after the rent should have been paid; the owner may issue a Notice of Termination for Non-Payment of Rent. The notice warns the tenant that unless the outstanding rent is paid within the next 7 days, the owner/ property manager may apply to the court for an order to terminate the tenancy agreement. What is the residential tenancy act? The Residential Tenancies Act 1987 is an act adhere to in all states and territories of Australia. The Act is designed to regulate relationships that are fair and reasonable between owners and tenants. The Act is governed by parliament within each respective state and territory. Can I withhold rent? No. If the owner does not honour his/her obligations under the lease agreement, the tenant is not legally able to withhold rent. The tenant may issue a Notice of Breach of Agreement (by Owner). If the situation is not fixed by the termination of the notice period, an application may be forced to lodge court proceedings for the owner to remedy the alleged breach. |
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