Residential Tenancy
This chapter explains the concept of a ‘tenancy’ and what distinguishes this type of arrangement from a boarder. The chapter details the distribution of responsibility for paying for maintenance and repair as well as how to end a tenancy agreement. Further details are provided on how bond (security deposit) works and addresses commonly asked questions.
What is a Tenancy?
Tasmanian residential tenancies are governed by the Residential Tenancy Act 1997 (the Act). This Act standardises residential tenancy agreements, and the procedures around renting, including the lease itself and the process for lodging a bond, two of the most important steps in securing a tenancy...
Becoming a Tenant
Tenants should add up the costs involved in renting a house or flat. Generally they should aim to ensure that they are able to afford the rent regularly. When searching for accommodation, tenants can search online, look in the newspaper, in online marketplace sites, or visit real estate agents...
Boarders
Boarding premises fall under the general coverage of the Residential Tenancy Act 1997 (Part 4A). Boarding premises are often tenanted by vulnerable members of society, including people with a disability. Section 48D specifically makes provision for the limited situations where a room may be share...
Rent and Security Deposit
Rent Under the Residential Tenancy Act rent is payable in advance for a payment period, such as a fortnight or a month, and the payment period can be varied only by mutual agreement. A property owner cannot enforce a payment period of more than two weeks rent in advance for boarding premises or ...
Who Pays for What?
A tenant should ask for a statement of all expenses before signing the residential tenancy agreement. A tenant should also get receipts for all expenses. Under the Act, real estate agents and property owners are required to give receipts for rent if the rent is paid by cash or cheque. The Act spe...
Common Residential Tenancy Questions
Sub-tenancies The relationship of tenant and sub-tenant is the same as that of property owner and tenant. The sub-tenant pays rent to the tenant for the right to occupy exclusively part or all of those premises for which the tenant has been granted a similar right by the property owner. The sub-...
Miscellaneous Requirements Under the Act
A tenant is not to use premises for unlawful or non-residential purposes (s52). A tenant is not to cause or permit a substantial nuisance from the rented premises. A tenant is liable for the actions of others lawfully on the premises during the agreement period, but is not liable for those who en...
Bond Return Disputes
Where a bond is in dispute the Rental Deposition Authority (RDA) automatically notifies the Residential Tenancy Commissioner for the purposes of resolving the dispute. A bond is in dispute when either tenant or owner has made a claim to the RDA and the other party disagrees, or when an owner has ...
Ending an Agreement
Fixed Term and Non fixed Term Tenancies Changes were made to the Residential Tenancy Act 1997 effective from October 1, 2014. A property owner and a tenant can mutually agree to end a tenancy at any time. It is advisable to put such agreements in writing. Where there is a fixed term agreement...
Contacts and Resources
If you have a rental issue it is important you get advice. The Tenants' Union of Tasmania is an excellent first stop to seek advice on what are your rights and responsibilities. Tenants’ Union of Tasmania The Tenants’ Union of Tasmania is a free advice resource for public and private residentia...
Page last updated 19/03/2018