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Right to quiet enjoyment
An owner must not interfere with the reasonable peace, comfort and privacy of the tenant. If the owner does not abide by this requirement they may be prosecuted under the Act.
Entry without permission
The owner may agree with the tenant on times when the owner may enter the premises. However, the owner may enter the premises at any time without permission of the tenant if it is reasonably believed that:
The owner and tenant should try to arrange a mutually acceptable time when the owner can visit the property. However, if a time cannot be agreed on an owner can enter the premises without permission between 8 am and 6 pm by giving at least 24 hours notice for the following reasons:
Routine inspections may be carried out in the first month of the tenancy and then every three months afterwards.
If the property is to be sold or re-let, the property owner should attempt to negotiate with the tenant to arrange suitable times to show the property to prospective purchasers or prospective tenants.
A property owner cannot hold an 'open home' for either sale or re-letting of the property without written permission from the tenant.
Showing the property to potential tenants
If a mutually acceptable time cannot be agreed, an owner may enter to show the property to a potential new tenant and any persons accompanying them if:
In this case , the owner may enter the property:
Showing the property to potential purchasers
If a mutually acceptable time cannot be agreed, an owner may enter to show the property to a potential purchaser and any persons accompanying them:
Owners obligation to maintain the premises
The owner is responsible for maintaining the premises in as near as possible the same condition which existed when the tenancy started. This means that the tenant agrees to accept the general condition of the property and cannot later require things to be fixed which were not agreed to when the tenancy began.
Tenants obligations
The tenant is responsible for keeping the premises in a reasonable state of cleanliness and when leaving the tenancy, ensuring that the premises are in a similar condition to that which existed when the tenancy started.
The obligations of the owner or tenant do not extend to fair wear and tear of the premises.
Tenant to notify owner
If repairs are needed, the tenant is required to notify the owner within 7 days. As long as the need for repair was not due to the fault of the tenant, the owner must make the repair within 28 days. If the repair is needed because of some fault on the part of the tenant, the tenant should still notify the owner but must pay any cost involved. The Act does not require that the tenant notify the owner in writing.
Tenant may apply for order
The Act requires that repairs be completed within 28 days of notification. Failure to do so is a breach of the agreement on the owners part. Where the owner fails to carry out repairs within 28 days or there is a dispute about whether the repairs should be carried out, the tenant may apply to a magistrate for an order for repairs. The order may require the owner to carry out the repairs. If the tenant has a fixed term agreement they may choose to leave the tenancy by giving a notice to terminate the agreement.
Urgent and emergency repairs
Urgent repairs are required when an essential service has ceased to function. Where installed as part of the premises, an essential service means:
For example, if one hotplate on a stove ceased to work, the stove would continue to function. This would not be an emergency. However, if a number of plates were not working or the stove did not work at all, this would be an urgent repair.
Tenant's obligations
Where an 'essential service' ceases to function, the tenant has an obligation to notify the owner of the need for urgent repair as soon as they are aware of the problem.
Owner's obligations
The owner has an obligation to make arrangements for the service to be repaired 'as soon as practicable'.
Fuses, light globes and tap washers
The owner is not required to repair or replace electrical fuses, light globes, tubes or tap washers. Also, the owner is not required to make repairs where the problem arises from the fault of the tenant.
Nominated repairer
If an owner expects to be away or not able to be contacted, they can give the tenant the name of a person to contact if urgent repair is needed. This person is called a 'nominated repairer' under the Act and they will undertake repairs to essential services on the owner's behalf. Many owners will include the name of a nominated repairer in the tenancy agreement.
If the owner cannot be contacted, or if the owner fails to carry out the repair, the tenant may make arrangement for the nominated repairer to carry out the repairs necessary to make the essential service function.
If there is no nominated repairer or the nominated repairer cannot be connected, the tenant may arrange for a suitable person to carry out the repairs. If the repairs are done by a nominated repairer the costs are paid by the owner. If they are done by a suitable repairer, the costs are paid by the tenant and then recovered from the owner.
The Act makes provisions for the owner to repay any costs to the tenant within 14 days but the owner may dispute these costs and apply to the Magistrates Court of Tasmania for a decision to be made.
Emergency repairs
Emergency repairs are required when damage occurs to a premises, for example during a storm. If this happens the tenant should immediately notify the owner.
If the owner cannot be contacted or fails to carry out the repairs, and immediate action needs to be taken to prevent further damage or deterioration of the premises, the tenant may notify the 'nominated repairer'. In these circumstances the tenant would request the 'nominated repairer' to make repairs so that no further damage would occur.
If the owner has not left a contact for a 'nominated repairer', the tenant may make their own arrangements with a suitable repairer at their own expense. As with urgent repairs, these costs to the tenant can be recovered from the owner.
Locks and security devices
The owner must ensure that the premises are fitted with locks and security devices necessary to secure the premises and that these are maintained during the tenancy.
Neither the tenant nor the owner may add, alter or remove any lock or security device without the permission of the other party or an order from the Magistrates Court.
Where locks or security devices are added or altered, a copy of the key, opening device or information is to be provided to the other party.
Subletting
A tenant may not sublet premises without the consent of the owner, however, the owner cannot reasonably refuse permission or make any charge for giving permission.
If a premises has been sublet, the obligations under the agreement remain those of the original tenant who is liable for any acts by the sublessee.
Record of rent
The owner is required to keep a record of all rent received for a period of five years after the agreement has been terminated.
Notification of name and address
At the beginning of a tenancy agreement, the owner must give the tenant the full name and address, (be it a residential or business address), of either the owner or the agent. If the property is owned by a corporation, the tenant is to be given the name of a responsible officer and the address of the registered office of the corporation.
The owner is to notify the tenant of a change in the name and address of the owner or agent. If ownership of the property changes during a tenancy, the new owner must notify the tenant of the new owner's name and address.
Agent of tenant
A tenant may appoint an agent to act on their behalf. Details of the tenant's agent may be specified in the tenancy agreement or appointed at any other time. The tenant can revoke the appointment at any time.
If a tenant appoints an agent, any notices or documents required under the Act are to be given to the tenant's agent. Any notice given to an agent has the same effect as giving those documents to the tenant.
Cost of preparing agreements
The owner is responsible for any costs associated with preparing residential tenancy agreements. These costs cannot be passed onto the tenant.
Alterations, additions and fixtures
The tenant must not make any alterations, additions or add fixtures to a property without the written consent of the owner. If the tenant has added a fixture to a property this may be removed unless the removal is likely to cause damage. If damage is caused, the tenant should notify the owner as soon as possible. The owner may allow the tenant to repair the damage or require compensation for reasonable costs of repairing the damage.
