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The Residential Tenancy Act 1997 became law on 1 July 1998. The Act sets out the rules which apply to residential tenancies in Tasmania. The following pages detail general information about the rights and responsibilities of parties to agreements under the law. For more detailed information you should consult the Residential Tenancy Act 1997, or seek further advice.
The recent Residential Tenancy Amendment Act 2003 makes a number of changes to the current Residential Tenancy law. The changes commence at different times. Below is a brief summary of the changes and their commencement date. This is not a complete discussion of the amendments. For further information you should view the legislation, or seek independent legal advice. Please note that the amendments have been consolidated into the internet version of the Residential Tenancy Act 1997.
Changes commencing on 5 March 2004:
If some of the deposit is retained, the owner must provide a statement of the loss, and tenants are to be informed that disputes can be lodged with the Residential Tenancy Commissioner. If it is not practical to return the security deposit within 3 working days because of the need to assess damage eg to get quotes from trades people, one must give notice saying when the loss will be assessed.
An application to the Residential Tenancy Commissioner to determine a dispute is to be lodged within 60 days after the tenancy has ended. The Commissioner has discretion to refuse applications lodged more than 60 days. The Commissioner can also refund application fees if the dispute is vexatious.'
Either party can seek an emergency order of termination for:
A clear distinction has been made between 'early vacation' and 'abandonment'. Where a tenant vacates or abandons a property before expiry of the agreement, the tenant is liable for rent until the date of expiry or until a new tenant can be found, whichever occurs sooner. An owner has a duty to mitigate their loss by finding a new tenant as soon as reasonably possible.
Magistrates have discretion to make an order for vacant possession where satisfied the residential premises are abandoned.
An owner may give a tenant a notice to vacate up to 28 days before the agreement ends.
Tenants are entitled to at least 28 days notice of eviction where a mortgagee repossesses a tenanted property following a default by the mortgagor.
A notice to vacate may be given for 'substantial nuisance'.
A notice to vacate, if not acted on, expires 28 days after the day it took effect.
Where a joint tenant vacates, they may not be held responsible for damage caused by the remaining tenant after their departure. However, the onus of proving when something occurred is on the joint tenant who has left.
A fixed term agreement survives sale of the property and transfer of title to the new owner.
The definition of essential service includes the removal of grey water.
Urgent and emergency repairs are to be carried out 'as soon as practicable'. A tenant can apply to a magistrate for an order that any repairs be carried out. The tenant can also apply to a magistrate for an order that the owner secure the premises.
Inspections by the owner can take place once in the first month, by giving 24 hours notice.
Open homes may not occur without express permission in writing from the tenant.
Accompanied inspections can occur at any time with the agreement of the tenant. If agreement cannot be reached, inspections by prospective purchasers can only occur:
The same rules (as above) apply for visits by prospective tenants where a notice to terminate or a notice to vacate has been given. If these notices have not been given, entry for prospective tenants can only take place within 28 days of expiry of the agreement.
Any clause in a residential tenancy agreement imposing a fine or penalty is void.
Keeping of pets (other than seeing eye dogs) is prohibited without permission of the owner.
Owners are obliged to provide prospective tenants with a copy of any relevant strata title by-laws.
Tenants may be charged for water where it is metered.
Existing exemptions for retirement villages, and short term crisis accommodation remains.
Throughout this guide the word 'owner' is used instead of 'landlord'. Owner refers to the person who owns a property or their agent / property manager, whichever is applicable.
The Act applies to any agreement whether in writing or not, entered into after 1 July 1998, which relates to premises used as a place of residence.
The law also applies to rental dwellings owned by the Government such as those rented from the Housing Tasmania of the Department of Health and Human Services.
On 1 July 2004, the Act covered boarding premises, and additional requirements specific to boarding premises came into force.
Following is a list of exemptions under section 6 of the Act. You should also check any regulations made under that section. The Act does not apply to:
Further information is available on the following pages:
1. Tenancy
2. Costs
3. Disputes
5. Early Vacation and Abandonment
A new booklet has been developed as a guide for property owners, property managers, tenants and tenant advocates, incorporating the recent amendments.
Click here for a copy of the Renting in Tasmania Booklet .
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