What Are The Rights And Responsibilities Of A Landlord?

December 13, 2022    propertylawyersperthwide
What Are The Rights And Responsibilities Of A Landlord?

As a landlord in Australia, you have the right to expect that your property is looked after well and to end the tenancy if a tenant breaks the agreement. If you are the owner of a privately rented property, you must know about the landlord’s rights and also your responsibilities.

 

In Australia, the rights and responsibilities of landlords vary and you must learn your rights/responsibilities with well-trained landlord and tenant lawyers to ensure that you follow the law and order. Read the guide below to learn more about the rights and responsibilities of landlords in Australia.

Specific Requirements of Landlords as Per the Australian State 

Other than the general landlord responsibilities, every Australian state and territory has its own relevant requirements:

  • Australian Capital Territory 

Right before the tenancy agreement starts, the landlord will hand over the ‘The Renting Book’ to the tenant. You can get it from the Regulatory Service office. Landlords will also have to give receipts as soon as the tenant serves bond monies.

 

The landlord also has to issue the tenant with two copies of the ‘Conditions of Premises Report’ and that too just after a day of moving in. Your tenant should return this particular form within a fortnight, and also state whether they disagree or agree with the report.

  • New South Wales 

In NSW, the landlords have to provide tenants with a copy of the ‘New Tenant Checklist’ available on the State’s Fair Trading website before both parties sign the rental agreement. Fines can only be applied if the court process or procedures are not followed to the letter.

 

The landlords must also ensure that they are updated on what qualifies as direct and indirect discrimination, good practices, and fair trading laws. A ninety days notice is required if no new lease has been signed following the expiry of a fixed-term agreement.

  • Northern Territory 

Before you become aware of the general landlord-tenant rights, you must learn about the landlord rules of Australia’s Northern Territory. This state of Australia has to provide new tenants with the Department of Justice’s ‘A Guide to renting in the Northern Territory.

 

You can check the rules on specific government websites. Some of the landlord’s responsibilities are as follows:

  1. You must organize the tenancy agreement
  2. You have to provide the tenant with a copy of the agreement
  3. You must complete a condition agreement in the presence of the tenant
  4. You must provide the tenant with a copy of the condition report
  5. You have to sign the tenancy report after it has been reviewed and signed by the tenant.
  6. You have to provide the tenant with a copy of a report signed by both parties within a week.

 

A landlord who does not follow these procedures or any other stated requirements that are provided in the Northern Territory’s Tenancy Act will face a penalty of around $11,000.

  • Queensland 

You also need to know the rights of tenants before you learn more about your rights. As per Queensland’s Residential Tenancies Authority, the responsibilities of the landlord also include ensuring that the premises are fit to live in and are in a good state of repair.

 

The security also must be of a reasonable standard and should have a key to every lock provided to the tenant. After tenancy is assumed, no other individual or property must be on the premises. As a landlord, you should also take care that you do not interfere with the tenant’s use of property or peace. If they require you to enter the property, an advance written notice must be provided.

  • South Australia

The landlords of South Australia will know the state’s expectations of property owners and tenants provided in the Residential Tenancy Act 1995 and other basic guides. Some of the basic responsibilities of landlords include the following:

  1. Providing and maintaining the property responsibly and cleanly.
  2. Providing and maintaining receipts and records of various transactions.
  3. Paying the council rates and taxes
  4. Maintaining locks to ensure the security of the property
  • Western Australia 

If you are a landlord in Western Australia, you must learn about the tenant’s responsibilities in your state. A landlord in Western Australia is obliged to provide tenants with a copy of the form ‘Schedule 2- Information for Tenants (A Statement of your Rights and Duties) and the rental agreement.

 

Other than that, the landlords must also ensure that they review the guide properly themselves. It can provide a good working knowledge of the responsibilities that includes discrimination, the use of premises, payment or rent increases, owner’s right of entry, and much more.

What Are Some of Your Rights as a Landlord?

As a landlord, you have few legal rights that you must flex from time to time. For example, you can access your property for inspections and carry out repairs. You also must provide a 24 hours notice and come at proper times unless there is an emergency. Other than that, the tenants must do the following:

  • They must ensure to look after your property and also take necessary steps to prevent damage.
  • They must repair or pay for any damage caused by misuse.
  • They must pay the agreed rent on time even if a repair is needed.
  • They must keep on top of other charges like bills and council tax.
  • They must not sublet the property without your permission.

What Are Some Common Areas of Dispute?

Some of the common issues that occur between landlords and tenants are as follows:

  • Increasing the rent
  • Dealing with repairs
  • Deposit disputes
  • Evict tenants

You can read the rules of both the landlords and tenants in your state to ensure that no issues arise in the future.

Contact Property Lawyers Perth 

You can read the blog above to learn more about the rights and duties of landlords and tenants. If a tenant is troubling you and you want to evict them, you can take the help of a reputed lawyer from Property Lawyers Perth. These expert lawyers can help provide you with the best advice and help you take legal action in such cases.

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