Tenant Rights and Obligations (Tas)
Tenant Rights and Obligations (Tas)
Tenant Rights and Obligations (Tas)
In Tasmania, a tenant has rights and responsibilities by virtue of the Residential Tenancy Act 1997. Tenants who enter into a residential tenancy agreement also incur obligations and legal protections. A tenancy agreement cannot contravene the minimum standards in the Tenancy Act. This page deals with the rights and duties of residential tenants in Tasmania.
Starting a tenancy in Tasmania
A tenancy agreement is a binding contract between the tenants listed in the agreement and the landlord. It is highly recommended that a new tenant signs a written agreement before moving into a rental property.
Entry condition report
A landlord in Tasmania must provide an entry condition report to a new tenant at the commencement of a tenancy.
This report details the condition of the property at the start of the lease. Any existing damage to the property should be documented, as the tenant is only obliged to maintain the property to its standard at the start of the lease.
A tenant has only two days to review the condition report and confirm that it accurately notes the state of the property. The tenant should make a note on the report of any damage that is not already noted.
If the tenant does return the document to the landlord or real estate agent, then the original condition report is accepted as a true reflection of the state of the property.
Bond and rent
A landlord in Tasmania can request a bond from a tenant. The bond must be no more than four weeks of rent.
The tenancy agreement stipulates when the rent is due and the consequences if the tenant does not pay on time. It is a breach of the tenancy agreement for rent to be paid late.
If rent is unpaid, the landlord can issue the tenant with a “Notice to Vacate”. If the tenant does not resolve the matter after receiving three valid Notices to Vacate within a 12-month period, they must vacate the premises.
A landlord may increase the rental amount; however, this must not occur more than once in a 12-month period.
Quiet enjoyment of property
A tenant in Tasmania has a right to enjoy their property without undue interruption from the landlord. The landlord must not interfere with the privacy, peace or comfort of the tenant. While there is no definite list of unlawful interferences, there are some common examples of the landlord infringing on the tenant’s rights, such as:
- attempting to evict a tenant without legal cause;
- using part of the premises (such as a garage for storage) when this was not part of the lease;
- failing to carry out necessary repairs;
- blocking access to the premises;
- making excessive noise; or
- entering the premises without authorisation or due cause.
Landlord entry
A landlord may enter rental premises for certain purposes such as to conduct an inspection or do repairs. This can occur by agreement between the parties, or after the landlord has provided the tenant with notice.
Routine inspections may be carried out every three months. The landlord may also enter the property to carry out repairs. The landlord must provide the tenant with 24 hours notice when this is to occur.
Pets
A tenant in Tasmania must not keep a pet in rental accommodation without the landlord’s consent.
Tenant obligations
Although a tenant has a right to quiet enjoyment and use of the rental property, it is a breach of their lease if they create a nuisance for their neighbours, such as by making excessive noise.
It is also a breach of a tenancy to use a rental property for illegal purposes.
Tenants are responsible for any breach of the lease committed by a guest on the property. For instance, the tenant is liable for damage caused by a visitor, family member, sub-tenant or tradesperson hired by the tenant. However, a tenant is not typically liable for damage caused by trespassers or burglars.
Ending a tenancy
In Tasmania, a tenant with a fixed-term tenancy agreement has greater protections under the law than a tenant with a periodic agreement.
A fixed-term tenancy agreement cannot be terminated prior to the end of the lease unless the tenant has breached the terms of the lease.
A periodic tenancy can be terminated with notice at any time if:
- the landlord or their family is going to live in the property
- significant renovations are to be done
- the property is to be used for a purpose other than a residence; or
- the property is to be sold.
Vacating a rental property
At the end of a tenancy, the tenant must remove all their belongings and thoroughly clean the premises. They should fill out an exit condition report and provide a copy to the landlord. The landlord can claim money from the bond if the tenant has not returned the property in the condition it was in at the start of the lease.
If there is a dispute over the bond, the tenant or landlord can ask for assistance from the Residential Tenancy Commissioner.
Go To Court Lawyers can answer any questions about tenant rights and obligations in Tasmania. Please contact our TAS legal advice hotline on 1300 636 846 today for legal advice or representation on any matter.
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Nicola Bowes
Solicitor
Dr Nicola Bowes holds a Bachelor of Arts with first-class honours from the University of Tasmania, a Bachelor of Laws with first-class honours from the Queensland University of Technology, and a PhD from The University of Queensland. After a decade of working in higher education, Nicola joined Go To Court Lawyers in 2020.
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