Australian Civil Liberties Union
Your Rights 2005
Chapter 10
TENANTS' RIGHTS AND RIGHTS OF LICENSEES
Types of Tenancy. Rent. Notice to Quit. Court Proceedings. Tenants’ Rights. Bonds. Licensees. This chapter does not apply to S.A. and applies only in general terms to other states.
Types of Tenancy. A person may become a tenant of premises by verbally agreeing to pay a landlord a rent on some type of periodic basis, for instance each week or each month, or by signing a lease (read it and insist on having a copy) under which the tenant agrees to pay the landlord a weekly or other periodical rental for a set period of time.
Often
a lease will provide that the tenant has an option to renew the lease at the end
of the
period. Whether you are a tenant pursuant to a verbal or a written agreement you
cannot
be evicted or forced to leave the premises unless the landlord obtains an
eviction order.
If you have a lease for instance for a year the landlord would find it difficult
to evict you
before the year expires unless you are in breach of your lease by failing to pay
rent, wilfully
damaging the premises of breaching the lease in some other
way.
Leaving
Premises. If
you leave the premises before the lease has expired you can become
liable for the rent for the balance of the lease. However, if you give the
landlord adequate
notice of your intention to terminate the lease, he should try to minimize his
loss
and should advertise the dwelling at once to be re-let. You may then not be
liable for further
rental under the lease. If you have a verbal tenancy for a week or a month then
a week
or month’s notice commencing from the next rental due date of your intention to
vacate
would suffice.
Rent.
The
landlord should give you a receipt, and if you pay by cheque, you will have
your
own record. You must be given notice in writing (usually 60 days notice) of any
proposed
rent increase. The tribunal can review excessive rent increases and can review
the
initial rent if services are reduced.Where there is a fixed term tenancy, rent
cannot be increased
unless provision for an increase is included in the lease. Apart from rent, a
tenant
is only liable to pay bond money, a fee for the lease, and a deposit for gas and
electricity
connections.
Inspection
and repairs. The
landlord should provide the tenant with an inspection report
at the beginning of the tenancy indicating the contents of the premises and
their condition,
and the tenant can make a similar inspection and keep a written record in case
any
dispute arises about the return of bond money. The landlord is required to keep
the premises
in good and habitable condition and ensure that basic services such as water and
sewerage
are functioning. The tenant must take reasonable care of the premises. If the
landlord
refuses to carry out urgent and necessary repairs, you can arrange to have the
repairs
done and send him the bill.You should not deduct the cost of repairs from your
rent
since this would leave you open to being evicted. The Tribunal can adjudicate on
whether
the landlord should pay for the repairs.
Tenants’
bonds. Landlords
usually require tenants to pay an amount in advance to cover
the possibility that the tenant will fall behind in his rent or cause damage to
the premises.
Excessive amounts cannot be demanded, and the landlord must give you a
receipt
for the amount of the bond, and lodge the money with the appropriate
authorities. When
the tenancy ends, the tenant should be able to get the bond money back, if he is
not owing
rent and if the premises have not been damaged. The tenant is not liable for
ordinary
wear and tear. Disputes about bond money are dealt with by the appropriate
Tribunal.
Rights
of entry. Landlords
cannot arbitrarily interfere with the tenants right to quiet enjoyment
of his use of the premises, and his right to privacy. If the landlord wishes to
enter
the premises to show the premises to potential tenants or purchasers, to effect
relevant
repairs, or merely to inspect the premises, he must give reasonable advance
notice
of his intention to enter, and state the time and day of the proposed entry. The
time of
entry should be reasonable, and where possible, convenient to the tenant. The
tenant may
be able to claim compensation if his privacy is invaded without
notice.
Notice
to quit and eviction. The
landlord cannot evict you unless a notice to quit is given
in writing and an order for eviction given by the Tribunal. When the time
stipulated
in the notice to quit has expired, the landlord serves the tenant with a
summons
and the dispute is referred to the Tribunal. The most common reasons for
seeking
the eviction of a tenant are failure to pay rent, malicious or negligent damage
to the
premises, renovating without consent, subletting without permission and,
refusing entry
to the landlord.
The
landlord may also require the premises for his own habitation, or to sell with
vacant
possession. If the Tribunal makes an order that you be evicted and you need time
to
find alternative accommodation you can ask for a stay on the eviction. It is
illegal for the
landlord to summarily evict you by putting your furniture in the street and
changing the
locks. It is also illegal for him to pressure you to leave, by for example,
arranging for the
gas and electricity to be cut off.
Remember
you
cannot be summarily evicted. You must be given a notice to quit followed
by court proceedings.You can ask the Tribunal for extra time. You can complain
about
the condition of the premises to the appropriate authorities. You can in some
cases have
your rent reduced or prevent it being increased. If in doubt ring a free legal
advisory service.
Note that some pensioners are entitled to rental
allowances.
Rights
of Licensees.
Most people who pay money to the owner of premises are tenants, but if you are a boarder, guest, or lodger, you would be a “licensee”, and you would have fewer rights than a tenant.The distinction between a licensee and a tenant is often difficult to make.
You
would be a licensee rather than a tenant if the place in which you stay is a
hotel, hostel
or motel; if you are living in a boarding house where you have meals as well as
accommodation;
if the accommodation is part of a school or university; or if you are a
lodger
in a lodging house sharing facilities (e.g. bathroom and kitchen) and the owner
of the
lodging house can enter your bedroom at any time to clean
it.
If
you are in doubt whether you are a licensee or a tenant you should seek advice
(see Chapter 1.) If you are a licensee rather than a tenant, the
owner cannot increase the cost of
your accommodation without your consent. He can ask you to leave at any time,
but must
give you enough time to pack your belongings and leave. If you do not leave
within a
reasonable time, you would be a trespasser and the owner could use reasonable
force to
evict you. If the owner tells you to leave but won’t let you collect your
belongings, you can
take court proceedings to obtain the return of the goods or compensation for
their value.
Australian Civil Liberties Union