As a landlord, you have certain moral and legal responsibilities to your tenants, your property, and any prospective tenants who may be interested in your property.
These are the official legal terms covering your responsibilities as a landlord. Although one of our property managers will guide you through them, it’s advised that you take the time to understand them yourself.
Discrimination Against Tenants With Children – Sec 30
1. A person must not –
a) Refuse to let rented premises: or
b) Instruct or permit that person’s agent to refuse to let rented premises to another person under a tenancy agreement on the ground that the other person intends to live on the premises with a child.
Penalty: 5 penalty points
2. This section does not apply to –
a) Premises proposed to be let by a public statutory authority or body corporate for which the authority or body receives financial assistance for the provision of housing for lone persons or childless couples under an Act or an Act of the Commonwealth; or
b) Premises that are the principal place of residence of the person refusing or instructing or permitting that person’s agent to refuse to let the premises to a person intending to live with a child; or
c) Premises that by reason of their design or location are unsuitable or inappropriate for occupation by a child.
3. A person who claims that premises are not, by reason of their design or location, unsuitable or inappropriate for occupation by a child may apply to the Tribunal for an order declaring whether or not the premises are unsuitable or inappropriate for occupation by a child.
4. In this section “child” means a child under 16 years of age.
Limit of Rent In Advance – Sec 40
1. A landlord must not require a tenant to pay rent under a tenancy agreement more than 1 month in advance
Penalty: 10 penalty units
2. Sub-section 1. does not apply if the amount of rent payable for each week under the tenancy agreement exceeds –
a) $350: or
b) if a greater amount is prescribed for the purposes of section 31, that greater amount
Rent in advance under weekly tenancy agreement – Sec 41
Despite section 40, a landlord must not require a tenant to pay rent under a tenancy agreement more than 2 weeks in advance if the period in respect of which rent is payable under that agreement is not more than 1 week.
Penalty: 10 penalty units
Security at the Property – Sec 70
- A landlord must provide locks to secure all external doors and windows of the rented premises.
- A party to a tenancy agreement who changes any external door or window lock must as soon as practicable give a key to the lock to the other party.
- A tenant who wishes to change a lock in a master key system must obtain the landlord’s consent before changing that lock.
- A landlord must not withhold unreasonable consent to the changing of the lock.
Providing the Property Clean – Sec 65
Landlord’s duty in relation to provision of premises
- A landlord must ensure that on the day that it is agreed that the tenant is to enter into occupation, the rented premises are vacant and in reasonably clean condition.
- A tenant is not required to enter into occupation of premises which do not comply with sub section (1)
- If premises do not comply with sub-section(1), the tenant is not required to pay rent for the rented premises in respect of the period beginning on the agreed day on which the tenant is to enter into occupation of the premises and ending on the day on which the tenant actually enters into occupation.
Repairing The Property – Sec 68
Landlord’s duty to maintain premises
1. A landlord must ensure that the rented premises are maintained in good repair.
2. A landlord is not in breach of the duty to maintain the rented premises in good repair if –
(a) damage to the rented premises is caused by the tenant’s failure to ensure that care was taken to avoid damaging the premises; and
(b) the landlord has given the tenant a notice under section 78 requiring the tenant to repair the damage.
3. If a landlord owns or controls rented premises and the common areas relating to those rented premises, the landlord must take reasonable steps to ensure that the common areas are maintained in good repair.