Residential Tenancies (Tas)
Residential Tenancies (Tas)
In Tasmania residential tenancies are governed by the Residential Tenancy Act 1997. This Act sets out the obligations of landlords and tenants and covers matters such as rent, repairs, bonds and sub-letting. This page deals with residential tenancies in Tasmania.
Legislation
The Residential Tenancy Act 1997 covers all residential tenancy agreements in Tasmania, whether they are written or verbal. The Act cannot be contracted out of, meaning that if a term of a lease is inconsistent with the Act, it is not valid.
Rights and responsibilities under a residential tenancy
Quiet enjoyment
A tenant has the right to quiet and peaceful enjoyment of the premises
This means that the landlord must provide proper notice if they want to attend the premises, and only attending the premises for a good reason, such as to carry out an inspection or repairs.
Repairs
A landlord is responsible for carrying out repairs and maintenance, except where damage has occurred due to the tenant’s actions.
The tenant must notify the landlord of the need for urgent repairs immediately and general repairs within seven days of becoming aware of the problem.
Urgent repairs, such as repairs to water, heating and electricity services, must be carried out as soon as practicable. General repairs must be carried out within a reasonable time.
Subletting
Under section 49 of the RTA, a tenant must seek permission from a landlord before subletting. The landlord must not unreasonably refuse permission to sublet.
Bond
The landlord may require the tenant to pay a security deposit at the start of the lease. This must not be more than four weeks rent.
Use of premises
The tenant must not use the premises for an illegal or dangerous purpose
Rent
The tenant must pay the rent on time. This is the case even where the tenant believes the landlord has breached the tenancy agreement.
Rent may be increased only once in a 12-month period, regardless of whether a lease is fixed-term or periodic.
Residential tenancy disputes
There are many types of residential tenancy disputes. These include disputes about:
- rental payments (for example, the tenant has not paid the rent on time or has only made a partial payment).
- rental increases (for example, the landlord has attempted to increase the rent by a figure the tenant considers is unreasonable, or to raise the rent more than once in a 12-month period).
- repairs (for example, the landlord has not carried out repairs that the tenant considers are the landlord’s responsibility).
- nuisance issues (for example, the tenant has been disruptive to neighbours, or the landlord has interfered with the tenant’s right to privacy by showing up unannounced without good reason).
- pets (for example, the landlord has refused permission to keep a pet at the premises and the tenant believes this is unreasonable).
Terminating residential tenancies
There are a few different ways a residential tenancy can be ended.
Termination by landlord
A landlord can issue a Notice to Vacate to a tenant if:
- the tenant has failed to comply with a term of the rental agreement; or
- the tenancy is a fixed-term tenancy and is due to expire within 60 days.
A landlord may terminate a periodic tenancy because:
- the property is to be sold.
- the property is to be used as a residence by the owner or their family.
- the property is to be used for a purpose other than a residence.
- the property significant renovations are to be carried out.
If the tenant has failed to pay rent or breached the lease in some other way, the tenant will have 14 days to pay the outstanding amount (or rectify the breach). After this time, the landlord can take possession of the premises and claim any amount that is still outstanding through the bond.
Termination by tenant
The tenant can issue a Notice to Terminate if:
- the landlord has failed to carry out repairs for which they are responsible within 28 days of being notified.
- the landlord has failed to comply with a term of the rental agreement.
A Notice to Terminate must give the landlord 14 days notice that the tenant considers the agreement at an end and will be vacating the premises.
COVID-related termination
Either party to a lease may terminate the lease on the basis that continuing the lease would cause them severe COVID-related hardship. However, termination on this ground requires an order by the Residential Tenancy Commissioner.
Resolving residential disputes
Landlords and tenants should always try to resolve disputes between themselves where possible. If a dispute cannot be resolved directly, an application can be made to the Minor Civil division of the Magistrates Court (if the amount of money is dispute is less than $15,000). Disputes involving more than $15,000 must be dealt with by the courts.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
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