Renting guide: What rights do tenants and landlords have?

You have the right to live in a peaceful, safe, and secure setting that is governed by the law as a renter.

You must also follow the terms of your tenancy agreement, take good care of the property, and pay the rent on time.

There are guidelines for urgent and non-urgent repairs, and it is the landlord's duty to keep the property safe and habitable.

Would you like to speak to a specialist? Book a complimentary discovery session by calling: (03)999 81940 or emailing team@klearpicture.com.au.

What happens if your rental property is sold?

In the majority of states and territories, a landlord may sell their property while a tenant is residing there, even if the tenant has signed a fixed-term tenancy agreement. The tenant does not necessarily have to leave the property early because of this.

Each region has its own procedures for dealing with things like:

• How much time is needed to give tenants notice to leave the property
• How frequently can prospective purchasers perform inspections?
• Whether the renters are permitted to end their lease early and whether photos of the property may be taken
• Whether a "for sale" sign may be placed there

For the same laws that apply, consult the legislation of your state or territory.

Tenants may be able to bargain for lower rent during this time because selling can be inconvenient for them.

Which bills does the tenant pay, and which bills does the landlord pay?

Gas, water, and electricity must all be installed on the property by the landlord. When a tenant moves in, they must set up their utilities. Typically, while renting a property, the renter is in charge of paying the utilities.

When the property lacks a separate metre to track usage, this rule does not apply. Flat buildings frequently feature just one metre recording the water usage of the entire building rather than separate metres for each apartment. Since the metre records the use of those who are not party to the tenancy agreement, the landlord is in this case liable for the cost.

The ongoing expenditures and fees for a landline phone and internet connection are the responsibility of the tenant. The cost of this can be worked out between the landlord and the tenant if there hasn't already been a line built for these services. Television is typically not regarded as a necessary amenity for rental properties. Tenants can request a television line outlet, but the landlord is not required to instal one.

When bottled gas is offered, the landlord often covers the cost of purchasing or renting the bottles while the tenant covers the cost of the gas. In most cases, the landlord is also liable for any government fees, taxes, or assessments.

How to get your landlord to make repairs or improvements

It can be challenging to ascertain how and when repairs should be undertaken in a rental property, and the laws governing this subject vary significantly from one state and territory to the next.

In most cases, there are two categories that can be used to classify repairs: urgent and non-urgent.

When essential components of a rental property break down, immediate maintenance is required. Even on the weekends, landlords are often expected to find solutions to urgent issues within twenty-four to forty-eight hours (the time range varies by state and territory).

In most cases, the definition of an urgent repair is included in the lease agreement, and it can also be obtained on the website of the state government that is applicable. In most cases, these include the following:

• Water service with a leak
• Blocked or malfunctioning toilet system
• Significant roof leak
• Fuel leak
• Hazardous electrical problem
• Severe flooding damage or flooding
• Strong winds or fire damage
• Failure or malfunction of any device or service that a landlord or agent provides as a necessity for cooking, heating, hot water, or laundry
• Failure or breakdown of the water, gas, or electric systems
• Any flaw or damage to the property that renders it risky or insecure
• An appliance, fitting, or fixture that is malfunctioning and wasting a significant amount of water
  a significant issue with a stairwell or elevator

A broken air conditioner is not regarded as an urgent repair, whereas a damaged heating system is.

Your initial plan of action should be to get in touch with your property manager or landlord if you're a tenant who needs an urgent repair.

The next step is to inform the pertinent emergency contact indicated on your leasing agreement if they can't be reached.

Most renters can independently hire a tradesperson for urgent repairs up to a particular pre-approved sum if no emergency contact list has been provided.

Non-essential services that were previously operational or that were logically anticipated to be operational upon moving into a rental property are referred to as non-urgent repairs. One of these is as follows:

• Broken dishwasher
• Broken air conditioner
• Broken oven or stovetop
• Broken exhaust or bathroom fan
• Collapsed fence

It's significant to emphasise that landlords are only required to make repairs; updates are not required. Therefore, modifications a tenant merely wants, such asking for new carpet or fresh paint, are not considered non-urgent maintenance unless the tenant agreed to this before moving in.

Any non-urgent repairs must be reported to the landlord or property management in writing or using an official form if your state has one. Depending on the applicable laws, the landlord or property management is then given a set amount of time to execute the repairs or formally object.

Rent cannot be withheld by tenants while they await repairs. Depending on your state's laws, you might be able to end the lease without incurring any fees if the landlord doesn't fulfil their commitments.

How long should you expect to wait for repairs?

Depending on the state or territory and whether the repair is urgent or not, landlords must complete repairs within a certain amount of time. In certain states, the laws are more detailed than in others.

Most jurisdictions demand that property managers respond immediately and take care of any urgent repairs within 24 hours. The Northern Territory, however, gives the landlord five business days following notification to make the necessary repairs to the property or make arrangements for them to be performed within 14 days. There are rules on when tenants can schedule repairs if an emergency arises and the agent cannot be reached.

States have different deadlines for finishing necessary repairs:

• NSW: Within a reasonable time
• VIC: 14 days
• QLD: Within a good time
• WA: Within a suitable time
• SA: Dependent on urgency
• TAS: 28 days
• ACT: Four weeks
• NT: Dependent on urgency

Tenants may be obliged to pay for repairs themselves if they personally cause any damage to a property that goes beyond normal wear and tear. This covers purposeful harm as well as unintentional damage like a shattered window or red wine on the carpet.

Alternately, the tenant may file a claim with their provider if they have renter's insurance that covers unintentional damage.

The landlord has the right to take the matter to a tribunal if any harm is not settled between them.

A landlord may attempt to recover some or all of a tenant's bond at the end of a lease as payment for any major property damage.

Can you make your repairs to a rental?

In the event that a tenant is unable to get in touch with the agent landlord and no emergency contact information has been provided, the majority of states and territories allow tenants to independently hire a tradesperson to handle any necessary repairs; however, this option is only available in the event that an immediate issue arises.

In the city of Victoria, for example, renters have the right to request emergency repairs costing up to $1800. In New South Wales, the cap is set at $1,000, while in the ACT it is equivalent to 5% of the annual rent. Consult the legislation that apply in your country for details on the amount of money that is pre-approved for emergency repairs.

Before contacting a repair professional, it is important to ensure that the problem has been formally recognised as requiring immediate attention. As an illustration, repairing a malfunctioning air conditioner is not a pressing concern. If the problem with the property can wait for a while, the landlord is not compelled to compensate the tenant for any work that the tenant has completed. Be sure to save the receipts and check that the job was done by a licenced professional before paying for it.

Imagine that the tenant is unable to pay for the urgent repairs or that the repairs are likely going to cost more than the sum that was allowed in advance for the urgent repairs. When faced with such a circumstance, persons normally have the ability to make a request for an urgent hearing order to the relevant tribunal in their state or territory.

When it comes to collecting payment for urgent repairs, which normally take place within a period of fourteen days, tenants need stick to the rules that have been established by each state and territory. It is essential to make use of official paperwork whenever it is possible to increase the likelihood of receiving a response from landlords and agents.

If a tenant causes their own damage to a rental property and then attempts to make repairs themselves, the renter exposes themselves to the possibility of making the problem even more severe. It is recommended that tenants discuss any property damage with their property manager or landlord and take the necessary actions to get it repaired as soon as possible.

When are you entitled to a rent reduction?

If the quality of the leased property has unexpectedly or noticeably declined, tenants may be entitled to a rent reduction. This could be due to a number of things, such as neighbouring construction starting that the tenant was unaware of prior to moving in, malfunctioning appliances that weren't fixed right away, or a big decline in the asking price.

Rent reduction requests can be made in writing by tenants. This request may be turned down by the landlord, or the two parties may agree on an alternative. If an agreement cannot be reached, the situation could become litigious.

What parts of a property are you responsible for maintaining?

Typically, a tenant's rental agreement specifies the portion of the property for which they are accountable. These duties shouldn't put the tenant in danger, call for specialised tools or maintenance knowledge.

The tenant commonly has maintenance duties outside the house, such as mowing the lawn, weeding, and pruning. Gutter cleaning is frequently excluded because doing so could put the tenant in danger.

Tenants are responsible for keeping the interior of the home in a decent condition, reporting problems to the agent or landlord, and performing maintenance activities like changing common light bulbs, unless they are specialised fixtures requiring expertise.

If there is a separate metre for each service, the tenant is often responsible for connecting and paying for all utilities, including gas, electricity, and water.

What happens if you miss the rent?

Rent arrears are deemed to exist when a renter fails to pay their rent by the due date. Depending on the state or territory, Australia may experience certain effects.

In Victoria, for instance, the landlord can petition to VCAT for an amount of compensation, including any unpaid rent, if the tenant is not paying all or part of the rent as specified in the lease and this cannot be settled through informal dialogue. Landlord may request eviction from the property within 14 days if VCAT issues a compensation order and the tenant disobeys it.

In NSW, a landlord may issue a tenant with a written termination notice giving them 14 days to vacate the property if the renter is more than 14 days overdue on their rent.

For information on the rights of renters and landlords regarding non-payment or late rent payments, consult the laws of your state.

Can the agent or landlord enter your home when you’re not there?

In order to conduct some inspections and repairs, tenants must permit landlords, real estate agents, and tradespeople access to their rental properties. However, there are limitations on when and how this is permitted.

If an agreement has been struck or sufficient written notice has been given, the landlord can typically enter even if the occupant isn't at home.

Each state and territory has different requirements for routine inspection notice requirements and maximum inspection frequency:

• NSW: Seven days' written notice is required. Four standard inspections maximum per year. In most cases, admission must take place between 8 am and 8 pm on days other than Sundays and federal holidays.
• VIC: 24 hours' written notice is required. Entry is permitted any day, excluding holidays, between the hours of 8 am and 6 pm.
• QLD: Unless otherwise specified and outside of three months of the prior entry, at least seven days' notice is required. On any day besides Sundays and public holidays, entry must be between the hours of 8 am and 6 pm.
• A: A minimum of seven and a maximum of fourteen days' notice is required. Four standard inspections maximum per year.
• SA: A minimum of seven and a maximum of fourteen days' notice is required. Must take place within a defined two-hour window between the hours of 8 am and 6 pm, Monday through Saturday, except public holidays.
• TAS: A minimum of 24 hours' notice. No more often than once every three months, a standard inspection. Entry will be available from 8 am to 6 pm.
• ACT: Seven days' notice is required. There are no more than two regular inspections per year, plus an initial evaluation within the first month of the start of the tenancy and a final inspection just before the tenants move out. On any day besides Sundays and public holidays, entry must be between the hours of 8 am and 6 pm.
• NT: At least three months after the previous admission and with at least seven days' notice. Entry will be permitted from 7 am until 9 pm.

Other entrance reasons, such as emergencies, repairs, maintenance, showing the property to potential tenants or buyers, collecting the rent, if applicable, smoke alarm inspections, and property appraisals, are not covered by these notice periods.

Would you like to speak to a specialist? Book a complimentary discovery session by calling: (03)999 81940 or emailing team@klearpicture.com.au.

Can your landlord raise the rent?

Depending on the state or region, landlords may increase a tenant's rent only sometimes, and they must give a renter notice before doing so.

Usually, tenants are given a predetermined period of time to negotiate a rent increase or take this matter to court for third-party evaluation.

Each state and territory has its own regulations regulating how frequently a landlord may raise a tenant's rent, which are as follows:

• NSW: The rent may not be increased under a fixed-term agreement of less than two years unless a term has been added to the contract. The rent may be raised at any time with 60 days' notice during a fixed-term agreement of two years or longer, but it may only be raised once every 12 months. At the conclusion of a fixed-term contract, the rent may be increased with at least 60 days' written notice.
• VIC: Except as provided in the lease, the rent may not be increased more than once every six months or prior to the expiration of a fixed-term agreement. Landlords will be authorised to increase the rent just once every 12 months under new regulations that take effect in July 2020.
• QLD: A fixed-term tenancy does not allow for rent increases unless specifically indicated in the leasing agreement. Any increase outside of this must be preceded by at least two months' written notice and cannot occur within six months of the start of the tenancy or the previous increase. By entering into a new agreement, the rent might be raised after a fixed-term agreement without further notice. The most recent rent rise, though, had to have been at least six months ago.
• SA: A fixed-term tenancy does not allow for rent increases unless specifically indicated in the leasing agreement. A 60-day written notice is necessary if the rent is to be increased outside of this period, which begins 12 months after the last rent increase or 12 months after the contract's start date.
• A: During a fixed-term tenancy, the rent cannot be raised unless the tenancy agreement specifies the amount of the increase or how it will be determined. Outside of this, a rent increase requires at least 60 days' written notice and cannot occur within the first six months of a tenancy agreement or six months after the previous rent increase.
  TAS: Only when a written lease expressly permits rent increases or when there is no written lease are rent increases permitted. If the lease is for a period longer than 12 months, the rent may be raised 12 months after the lease's commencement. Even if the lease is extended or renewed, if it is for less than a year, the rent cannot be raised until at least 12 months have passed since the tenancy began. A sixty-day notice is necessary.
• ACT: The rent may be increased 12 months from the beginning of the agreement for the first rent increase, or after that, from the date of the last expansion. Eight weeks written notice is required.
• NT: A rent increase cannot occur before six months have passed from the start of the tenancy agreement or the previous rent increase. There must be 30 days' notice.