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When a property is rented there will be an agreement which sets out the terms and conditions of that rental. A tenancy agreement between a property owner and a tenant may be in writing or it may be a verbal agreement.
Where the agreement is in writing, it should be easily legible, clearly expressed and where printed, in 10 points or more. The owner / agent is to give the tenant a copy of the agreement within 14 days of the beginning of the tenancy.
If an agreement is verbal or partly verbal, the owner is to give the tenant a copy of the Renting in Tasmania Booklet. Copies of this booklet can be obtained from Consumer Affairs and Fair Trading, or downloaded below.
Click here for a copy of the Renting in Tasmania Booklet .
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Provisions of the Act apply to all Agreements
Whether stated or not in the agreement, the provisions of the Residential Tenancy Act 1997 form part of the agreement. Any provision in an agreement that is inconsistent with the Act has no effect in law and cannot be enforced by the owner.
If there is a dispute about whether any part of an agreement complies with the Act, any party can apply to a magistrate, who will determine whether that part of the agreement complies with the law.
Additional obligations
An agreement may contain additional obligations that do not conflict with the Act. For example, an agreement may require chimneys to be swept, or require other special obligations. These additional requirements can only be enforced if they are agreed between both owner and tenant.
Fixed term agreements
The residential tenancy agreement is for a fixed period if an expiry date is specified in the agreement. An agreement will be for a fixed term if the period is longer than 4 weeks.
If an agreement is for a fixed period, the tenant cannot be required to leave before the expiry date unless they have broken a condition of the agreement.
However, if a tenant does leaves before the expiry date the owner may recover costs for things such as such advertising for a new tenant, and loss of rent.
Renewal of fixed term agreements
When a fixed term agreement expires, a number of things may occur:
Agreements with no fixed term
An agreement with no fixed period does not have an expiry date. If an agreement has no fixed period the tenant may be required to leave only where:
Notice of termination by tenant
If the agreement is for a fixed term, there will be a specific expiry date after which the tenant may leave. The tenant is not required to give notice of termination if a fixed period agreement has expired. A tenancy agreement can end before the expiry date if the owner and tenant agree. If the owner does not agree and the tenant vacates, the owner may recover reasonable costs associated with re-letting the premises.
Owner has not complied with agreement
If the owner has failed to comply with a provision of the agreement the tenant may give 14 days notice to terminate the agreement. A notice of termination on the ground that the owner has failed to comply with a provision of the residential tenancy agreement other than a provision relating to repairs, is of no effect if the owner complies with that provision before the period of 14 days expires.
If an agreement is of no fixed term, the tenant can leave after giving 14 days notice to the owner without giving any reason.
Form of notice to terminate
A notice to terminate is to contain the following information:
If a tenant leaves without giving notice they may be liable for further rent or other costs after they have moved out. (see also the Magistrates Court of Tasmania information page)
Notice to vacate
If an owner wishes to end a tenancy, the owner must serve a notice to vacate on the tenant requesting the tenant to deliver vacant possession of the property. If vacant possession is not delivered, the owner must apply for an order for vacant possession from a court. (see also the Magistrates Court of Tasmania information page)
It is an offence for an owner to regain possession of a property unless vacant possession is:
Reasons for notice
A notice to vacate may be served for the following reasons:
A notice to vacate is not needed where the premises has been abandoned or where a magistrate has issued an order of termination.
Notice periods
A notice to vacate takes effect 14 days after it is served. You must count the day of service as day '0' and the date of effect as day '16'.
Where notice to vacate is given because the property is to be sold, renovated or used for another purpose, the notice takes effect 28 days after it is served. You must count the day of service as day '0' and the date of effect as day '30'.
If you miscalculate the days and enter the wrong date in your notice to vacate, this may delay the notice taking effect.
Arrears in rent
If notice is given because of non-payment of rent, the notice is of no effect if the tenant pays all arrears in rent before the 14 days has expired. This provision operates for the first two times in any 12 month period. On the third occasion in any 12 month period, the notice has effect even if all rent in arrears has been paid.
Form of notice to vacate
If notice is given because the tenant has failed to comply with a term of the agreement, and the tenant complies with the agreement before 14 days has expired, the notice has no effect.
A notice to vacate is to contain the following information:
Application for order to vacate
If the tenant has not moved out when the notice to vacate takes effect, the owner may apply to the Magistrates Court of Tasmania for an order to vacate.
If an application is made to the court for an order to vacate, the owner must deliver a copy of the application to the tenant on the same day.
When considering the application, the court will consider the following matters:
Serious damage or injury
A party may apply to the Magistrates Court for an order of termination if the other party:
An order of termination will end the agreement and can deliver vacant possession to the owner on the that day that the order is made. (see also the Magistrates Court information page for property owners and tenants)
