Landlord Rights and Obligations (NT)

In the Northern Territory, a person who leases out a property has a number of obligations and rights. The rights and obligations of parties to residential leases are set out in the Residential Tenancies Act 1999. This page deals with the rights and obligations of landlords in the NT.

Starting a tenancy

A residential tenancy can be established through a written tenancy agreement or by verbal agreement. For the benefit of both parties, it is recommended a written agreement be used so both parties’ obligations are clearly understood.

Regardless of whether the tenancy agreement is written or verbal, the conditions agreed upon must not contradict the obligations found in the Residential Tenancies Act 1999.

Within three days of a tenant moving into a property, the landlord must complete a condition report and give a copy to the tenant to sign. The condition report is evidence of the state the property was in at the beginning of the tenancy.

Bond

A landlord has the right to ask a tenant to pay a damage bond at the start of the tenancy. The bond must not exceed the equivalent of four weeks rent. The landlord is required to hold the bond in an approved trust account for the duration of the tenancy.

Where the landlord decides to leave the NT for more than 14 days, the bond must be transferred to a registered real estate agent.

Entry to the property

The landlord must respect the tenant’s right to quiet enjoyment of the property. If they wish to enter the property, the landlord must comply with notice periods and entry conditions as outlined below:

Repairs and security

The landlord is obliged to make sure that the property being rented is habitable, and that it is safe and secure.

The landlord must arrange and pay for any repairs required to the property within a reasonable time frame. Emergency repairs must be carried out within five days of the tenant’s notification. The landlord may charge the tenant for the cost of a repair where the tenant has caused the damage.

The landlord is also required to ensure the property is reasonably secure, including providing and maintaining working locks on all doors and windows. The landlord must also ensure the property is compliant with all NT health and safety regulations.

If the property is in a state of disrepair and is not habitable, either party may terminate the tenancy agreement with two days notice.

Rent

It is the landlord’s right to have the rent paid on time as per the tenancy agreement. Where the tenant is more than 14 days behind in rent, the landlord can serve the tenant with a notice requiring the tenant to pay the arrears. If the tenant does not comply with the notice within seven days, the landlord can make an application to terminate the tenancy agreement through the Northern Territory Civil and Administrative Tribunal (NTCAT).

The landlord is required to maintain proper records of when and for which property the rent has been paid. A receipt must also be issued to the tenant unless they have paid directly into an authorised account.

A residential property must not be advertised, or offered for rental, without a specified rental amount.

Pests

NT rental laws do not stipulate who is responsible for keeping the property pest free.

The landlord is responsible for maintaining the property and ensuring the property is habitable and safe. However, if pests have come to the property because the tenant has not kept the property clean, the tenant may be responsible.

If the parties cannot come to an agreement, either party can make an application to the NTCAT.

Ending the tenancy

Within three days of a tenant removing their belongings from a property at the end of a tenancy, the landlord is required to complete a condition report for the property. The landlord is required to note on the report if they are retaining any of the bond to cover damage or cleaning. The landlord cannot retain any part of the bond without the signature of the tenant on the final condition report.

If the tenant does not agree and refuses to sign the condition report, the landlord must make an application to NTCAT within seven days of the tenant’s refusal.

The landlord is required to refund the bond within seven days of the tenant vacating the property, minus any amount deducted for damage, repairs, or unpaid rent. If the amount of bond to be repaid is in dispute, the landlord must, within seven days refund any amount in excess of the amount claimed.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.

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