Tenancy Issues

 GENERAL INFORMATION

 

 My Downloads.gif Residential Tenancies Act 1986

The Residential Tenancies Act covers the landlord-tenant relationship. It gives both landlords and tenants legal rights and obligations. The Act also provides a dispute resolution service by allowing for mediation, and hearings at the Tenancy Tribunal.

 

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Department of Building and Housing: Renting and You

This booklet for tenants and landlords is designed for people who need to know the basics of what the law relating to tenancy means, especially when they’re renting for the first time.


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Department of Building and Housing: Tenancy Information

This information sheet explains some important points about tenancy, including tenancy agreements, bond, rent in advance, maintenance, ending a tenancy, and knowing your rights and obligations.

 

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Department of Building and Housing: Tenant and Landlord Rights and Obligations

This information sheet describes what tenants and landlords can and can’t do when they're renting.

 

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Department of Building and Housing: Tips for Hassle Free Flatting

This information sheet for tenants provides some helpful hints and advice about tenancy agreements and payments and your rights as a tenant or flatmate.

 

 PRE-TENANCY

 

 My Downloads.gif Department of Building and Housing: Pre-Letting Checklist for Landlords

This is a checklist for landlords of all the things that need to be done before renting out their property. 

 

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Department of Building and Housing: Pre-Tenancy Application Form

This form is for landlords to gather information from a prospective tenant.


My Downloads.gif Department of Building and Housing: Discrimination in Tenancy Matters

This information sheet explains the law relating to discrimination in tenancy matters and who to contact for help.

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Department of Building and Housing: Selecting Tenants

This information sheet offers helpful tips on selecting tenants.  It suggests questions to ask and criteria to evaluate when selecting tenants.

 

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Department of Building and Housing: Conducting a Reference Check

This information sheet suggests questions to ask a referee and also things to consider when speaking to a referee.

 

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Department of Building and Housing: Conducting a Credit Check

This information sheet details the steps to take to obtain a credit check.  It also tells you the information contained in a credit check.

 

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Department of Building and Housing: Selecting a Property Manager

This information sheet details the questions you should prospective property managers.  It also lists the contractual arrangements you should consider.

 

 

 NEW TENANCY

 

 My Downloads.gif Department of Building and Housing: Residential Tenancy Agreement

This form is for landlords and tenants to fill in together before the tenant moves in. It sets out the key things the landlord and tenant agree to do, like when rent is paid, if pets are allowed etc. 

 

My Downloads.gif APIA: Condition of Rental Property Checklist

Use this form for pre-tenancy property inspection, periodic property inspection during tenancy and final inspection after tenancy.

 

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Department of Building and Housing: All About Tenancy Bonds

This information sheet explains what a bond is, how to lodge it, how to transfer it, and how to get a bond refund.


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Department of Building and Housing: Bond Lodgement Form

This form is for landlords and tenants to fill in at the beginning of the tenancy. It records how much bond money the landlord has collected, and it is sent with the money to the Department of Building and Housing to be held until the tenancy ends and the tenant moves out.

 

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Department of Building and Housing: Contact Details for the Landlord

This is a template letter is for landlords to record their contact details and other emergency numbers, and then give it to their tenant.

 

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Department of Building and Housing: What Insurance do I need

This information sheet explains the insurance landlords and tenants should have, and what happens if an insurance company takes over a claim.

 

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Department of Building and Housing: Rental Payment and Records

This information sheet explains rent receipts and statements.

 

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Department of Building and Housing: Keeping Accurate Rent Records and Rent Summary

This form can be used by landlords and tenants to track the payment of rent during a tenancy.

 

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Department of Building and Housing: Water Charges - Who Pays?

This information sheet describes who is responsible for paying water charges in which situations.

 

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Department of Building and Housing: Rental Properties used in the Manufacture of Methamphetamine (P)

This information sheet explains what action landlords and tenants should take if they suspect a property has been used as a P lab.

 

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Department of Building and Housing: Allowing Tenants to Keep Pets on the Premises

This information sheet explains the terms surrounding keeping pets on the premises.

 

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Department of Building and Housing: Providing a Healthy and Safe Rental Property

This information sheet outlines what landlords needs to be aware of in terms of legal health and safety-related requirements. 


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Department of Building and Housing: Letting Your Home as a Holiday Home

This information sheet explains the laws that apply when letting a home as a holiday home.

 

 

 END OF TENANCY

 

My Downloads.gif APIA: Condition of Rental Property Checklist

Use this form for property inspection prior to tenancy, after move out and during periodic inspections to ensure standard of your rental property is being maintained.

 

 My Downloads.gif Department of Building and Housing: All About Tenancy Bonds

This information sheet explains what a bond is, how to lodge it, how to transfer it, and how to get a bond refund.

 

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Department of Building and Housing: Bond Refund Form

This form is for landlords and tenants to fill in at the end of a tenancy, to claim the bond they lodged with the Department of Building and Housing. It must be filled in and signed by the same people who signed the original bond lodgement form.


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Department of Building and Housing: Bond Transfer Form

Landlords and tenants should fill in this form when a tenant wants to transfer the bond they paid for one rental property to a new rental property. It must be filled in and signed by the same people who signed the original bond lodgement form.

 

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Department of Building and Housing: Change of Landlord Agent Form

Landlords and/or agents should fill in this form when they take over rental property where a bond has been lodged and the tenancy is going to continue.

 

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Department of Building and Housing: Change of Tenant Form

Tenants should use this form to let the Department of Building and Housing know that there has been a change of tenant in a rental property where a bond has been lodged.

 

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Department of Building and Housing: What to do when the Tenant Terminates

This information sheet details the information you need to obtain from a tenant when they give notice to end a tenancy.  It also explains the process for a final property inspection.

 

 

 SORTING OUT PROBLEMS

 

My Downloads.gif APIA: RTA Amendment 2010 Tenant Advice Letter

Make sure your tenants are well informed of the key changes to the RTA

 

My Downloads.gif APIA: Rental Increase Template Letter

Download and customise this letter template to send to your tenants.


My Downloads.gif APIA: Condition of Rental Property Checklist

Use this form for property inspection prior to tenancy, after move out and during periodic inspections to ensure standard of your rental property is being maintained.

 

My Downloads.gif Department of Building and Housing: 14 Working Days' notice – Breach of Landlord Responsibilities (from Tenant)

This is a template letter for a tenant to send to a landlord who hasn’t met their responsibilities. It notifies the landlord that they have 14 working days' notice to fix the situation.


My Downloads.gif Department of Building and Housing: 14 Working days' notice – All other Breaches

This is a template letter for a landlord to send to a tenant who hasn’t met their responsibilities. It notifies the tenant that they have 14 working days' notice to fix the situation.

 

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Department of Building and Housing: 14 Working Days' Notice - Rent Arrears

This is a template letter for a landlord to send to a tenant who gets behind in the rent. It notifies the tenant that they have 14 working days to fix the situation and that they should get in contact with the landlord.

 

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Department of Building and Housing: The Tenancy Tribunal

This information sheet for landlords and tenants explains the Tenancy Tribunal process.

 

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Department of Building and Housing: Who should be named on the Tenancy Agreement when the Property Owner does not manage the Property?

This information sheet explains how and why particular people should be named in a tenancy agreement.

 

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Department of Building and Housing: Tenancy Tribunal Application Form

Tenants or landlords should use these forms to make an application to the Tenancy Tribunal.

 

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Department of Building and Housing: Rent Behind Less than 21 Days?  

This information sheet for landlords describes the wording to use on the Tenancy Tribunal application when the rent is less than 21 days in arrears.

 

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Department of Building and Housing: Rent Behind More than 21 Days? 

This information sheet for landlords describes the wording to use on the Tenancy Tribunal application when the rent is more than 21 days in arrears.


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Department of Building and Housing: Claiming Unpaid Rent and Compensation after a Tenancy has ended

This information sheet for landlords explains how to apply to the Tenancy Tribunal for rent arrears after a tenancy is over. 


My Downloads.gif Department of Building and Housing: Abandoned Premises

This information sheet for landlords explains what procedure to follow when a tenant abandons a property without giving notice, and how to apply to the Tenancy Tribunal for rent arrears and compensation.

My Downloads.gif Department of Building and Housing: Finding the New Address for Someone when you are trying to Enforce a Tenancy Tribunal Order

This information sheet describes how to request information about your debtor if you have a Tenancy Tribunal order and you're having trouble collecting a debt.


My Downloads.gif Department of Building and Housing: Request for Release of Address Information

This form is used to request information about a debtor if you have a Tenancy Tribunal order.


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Department of Building and Housing: Abandoned Goods

This information sheet is for landlords explains what procedure to follow when a tenant leaves goods in a property when they leave, and how to dispose of the goods.

 

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Department of Building and Housing: Enforcing a Sealed Mediator’s Order or Tenancy Tribunal Order

The brochure provides information about how to enforce a sealed mediator’s order or Tenancy Tribunal order.

 

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Department of Building and Housing: Tenancy Tribunal Orders Online

This brochure talks about the Tenancy Tribunal orders online website. The website features Tenancy Tribunal orders from February 2007.

 

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Department of Building and Housing: Conducting a Property Inspection

This information sheet details the legal process for conducting property inspections.  It also has some helpful tips for conducting property inspections.

 

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Department of Building and Housing: Applying to the Tenancy Tribunal – what to do when you don’t have the other party’s Address for Service

This information sheet explains why you need an address for service when you apply to the Tenancy Tribunal. It details how you can serve notice to the other party when you don’t have their address for service and explains substituted service options.

 

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Department of Building and Housing: Your Application for the Release of Address Information was Unsuccessful – What Next?

This information sheet details the other options available when you’re trying to find address information for a previous landlord or tenant. It also suggests ways landlords can prevent problems in the future by asking tenants for more information at the start of a tenancy.

 

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Department of Building and Housing: Investigating Landlords and Tenants Who Breached the RTA

This information sheet details the Department’s role investigating landlords and tenants who breach the Residential Tenancies Act 1986 (RTA). It gives examples of breaches, benefits of complying with the RTA and contact details for more information

 

 

 
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