It isn’t always easy going through life living in other people’s homes. As a tenant, sometimes we lack the freedom to make certain changes to a rental property due to what’s in our tenancy agreements. That’s why knowing renters rights is crucial.
While many renters might be aware of the basics, there are several surprising aspects of renters rights that are less commonly known. Here are 10 facts that every renter in Australia should be aware of.
DID YOU KNOW: The Australian Greens’ housing plan includes a reform on rent caps and enhanced legal protections to improve rental affordability and tenant security. Read more about it in Soho’s article.
1. Pets are Negotiable, Not Banned
Landlords can’t outright deny pets without a reasonable reason to refuse, such as a history of pet damage. Renters can negotiate or apply with a strong reference from a previous pet-friendly landlord.
- New South Wales (NSW): Unlike most of Australia, landlords in NSW have the upper hand. They can reject your request for a pet without explanation, with exceptions made for assistance animals.
- Victoria (VIC): Renters in Victoria who wish to keep a pet at the rental property must obtain permission from the rental provider (landlord). The rental provider must provide a valid reason for denying the renter’s request for a pet. Rental providers can apply to the Victorian Civil and Administrative Tribunal (VCAT) to seek an order allowing them to refuse permission for a pet.
- Queensland (QLD): A tenant must ask for written approval from the property manager/owner to keep a pet at the rental property. It is a significant breach if an animal, other than a working dog, is kept at the premises without the property manager/owner’s approval.
2. Rent Increases Require Proper Notice
Renters rights include protection against excessive rent increases. In most states, landlords must give adequate notice before increasing rent, and the increase must comply with local laws.
- NSW: Minimum of 60 days’ written notice (NSW Government).
- VIC: Minimum of 60 days’ written notice (Consumer Affairs Victoria).
- QLD: Minimum of 2 months’ written notice (RTA).
3. Bond Refunds are Your Right
Upon ending a tenancy, renters are entitled to a refund of their bond, provided there are no damages beyond normal wear and tear. If disputes arise, tenants can seek help from the Residential Tenancies Authority or similar bodies in their state to resolve issues.
- NSW: The bond must be refunded within 14 days after the end of the tenancy if there are no disputes (NSW Fair Trading).
- VIC: Tenants should get their bond back within 14 days (Consumer Affairs Victoria).
- QLD: The RTA is committed to refunding the bond the day it is received but it can take up to 5 days to reach your bank account (RTA).
4. Emergency Repairs Must Be Prompt
Tenants have the right to request emergency repairs if the rental property becomes unsafe or uninhabitable. This includes significant issues like burst water pipes or electrical faults. Landlords must address emergency repairs promptly to ensure the safety and wellbeing of their tenants.
- NSW: Repairs fall into two categories: urgent and non-urgent. In either case, your first step should be to contact your landlord or real estate agent. For urgent repairs, if you are unable to reach your landlord or agent, you can directly contact a repair person. Check your residential tenancy agreement for a list of approved or preferred tradespeople. You can then have the repair costs reimbursed up to $1,000.
- VIC: Rental providers or agents must ensure that urgent repairs are carried out immediately. If they do not respond to the repair request, the renter is allowed to arrange and pay for the repair themselves, provided the cost does not exceed $2500. The rental provider is required to reimburse the renter within 7 days.
- QLD: If the tenant cannot reach the emergency repair contact within a reasonable timeframe, they or the property manager can arrange for repairs up to a maximum value of four weeks’ rent.
5. The Tenants Union is There for You
Renters have access to support and resources through the Tenants Union. This organization provides advice and assistance on various issues, including tenancy agreements and resolving disputes. Contact details for the Tenants Union can typically be found on their website.
- NSW: Tenants Union of NSW
- VIC: Tenants Victoria
- QLD: Tenants Queensland
6. Landlords Need to Respect Your Privacy
Landlords must provide appropriate notice before entering a rental property. Generally, this notice period is 24 hours for inspections or repairs, ensuring renters’ privacy is respected.
Tenants can also specify convenient times for these visits. However, there are instances when a landlord, agent, or authorized person can enter the property without the tenant’s consent, even if the tenant is not home, as long as a valid reason and the required notice have been provided.
- NSW: To inspect the property – at least7 days’ written notice each time (up to 4 times in a 12 month period)
- VIC: A general inspection can only be conducted after the first 3 months of the tenancy. They can be done every 6 months at the most. (Consumer Affairs Victoria).
- QLD: Minimum of 7 days’ notice for inspections.
7. You’re Protected Against Retaliatory Evictions
Renters rights protect tenants from being evicted in retaliation for exercising their legal rights, such as requesting repairs or lodging a complaint. If a tenant faces an unfair eviction, they can seek assistance from the relevant tribunal, such as the Administrative Tribunal in New South Wales.
8. Payment Plans Can Help with Rent Arrears
If a renter falls into rent arrears, they have the right to negotiate a payment plan with the landlord. Open communication is key to resolving such issues and avoiding potential eviction. Many states have laws in place to support tenants during financial difficulties.
9. Fair Wear and Tear is Not Your Responsibility
Understanding the difference between fair wear and tear and damage is crucial. Renters are not responsible for the former, which includes minor issues resulting from everyday use. However, any significant damage must be repaired by the tenant or paid for out of their bond.
10. Tribunal Services Can Resolve Disputes
Renters can access various tribunal services for dispute resolution. These services help resolve conflicts between tenants and landlords fairly and efficiently. For instance, Victoria has specific tribunals that handle residential tenancy disputes.
- NSW: The NSW Civil and Administrative Tribunal (NCAT) deals with tenancy disputes.
- VIC: The Victorian Civil and Administrative Tribunal (VCAT) handles tenancy disputes.
- QLD: The Queensland Civil and Administrative Tribunal (QCAT) resolves tenancy issues.
Conclusion
Understanding renters rights in Australia is essential for a smooth and hassle-free renting experience. By being aware of these lesser-known facts, tenants can better navigate their responsibilities and protections under the law. For more information, renters can visit the websites of their local Residential Tenancies Authority or Tenants Union for support and guidance.
Basically, these are the standard expectations and obligations the owner should fufil to avoid problems:
- Making sure the property is in good condition as agreed upon in the contract when you move in according to tenant rights. It should be clean and liveable, and include recent maintenance checks on gas and electricity, security, pests and smoke detectors.
- Being responsive in the case of emergency repairs or maintenance issues and resolving disputes.
- Allowing you, the tenant, to privacy and enjoyment of the property
In turn, this is what landlords expect from you:
- Keep the property clean from the inside out. Don’t cause any damage intentionally.
- If there is any damage or concerns, alert your property manager immediately
- Respect your neighbours or other tenants
- Respect what was laid out in the tenancy agreement
FAQs Around Renters Rights in Australia
I’m a tenant. Which bills should I pay for?
Your landlord should have already installed water, gas and electricity services in the property. However, you still need to set up your utilities according to your desired provider. These are the bills you must pay when renting, unless you live in an apartment building with a meter. More on this below.
Water bills
Some apartment buildings nowadays have one meter that measures the water. So instead of an individual meter in each apartment, the one meter measures the water usage for the entire building.
In this case, the landlord takes care of the bill, as you shouldn’t be responsible for the water consumption of people who aren’t in the tenancy agreement.
Phone and internet
Telephone and internet connection will be part of your responsibilities. If there’s no existing line for the property, you could ask them to install one and negotiate a price.
Because this adds to the value of the property, they might be willing to co-pay. A side-note about televisions: since they’re not considered an essential service in rentals, your landlord might not be interested in sharing the expense of installing the line with you.
Gas
Lastly, the property might require bottled gas. Now, while the property manager caters to hire of the bottles, the supply, and all governments taxes and levies, you have to pay for the actual gas costs.
What happens if something bursts or breaks?
If a repair is needed in the home, it’s usually categorised into urgent and non-urgent.
Urgent repairs
Urgent repairs involve essential services and the landlord is responsible to organise repairs within 24-48 hours (more on this later), depending on your state. You might want to re-read your tenancy contract or visit specific government websites like this one for tenant rights in Victoria and this one for NSW. In general, they include:
- Burst water issues
- Blocked or broken toilet system
- Blocked sewer drain (this responsibility depends on your lease)
- Flooding or serious flood damage
- Bad roof leaks
- Gas leaks
- Potentially dangerous electrical faulting
- Bad storm or fire damage
- Failure of essential utilities like water, hot water, heating, laundering (air conditioning not included)
- Failure of water, electricity or gas
- Failure of a security system ie: locks or smoke alarms
- A faucet defect that causes water wastage
- Building issues ie: elevator
If it’s an emergency, contact your property manager immediately. From there, they should take next steps to engage a tradesperson to organise the repair.
If they don’t answer, you might have an emergency number. If the emergency contact isn’t available, go ahead and call up the repair services yourself. The last option is usually allowed under a pre-approved amount stated in your agreement.
Non-urgent repairs
Non-urgent repairs are the non-essential services that might have been working when you moved in but have perhaps broken down since. Things like:
- Broken electric appliances like the air conditioner or dishwasher
- Failed stovetops or ovens
- Faulty bathroom fans or exhausts
- Broken fences
While you have the right as a tenant for your landlord to organise and pay for these repairs, they are not liable for updates to equipment at the your wish.
If something needs attention, inform your landlord or agent in writing and they’re obliged to respond within the timeframe put forward by the respective state. Their options are either to fix the issue for you and bear the cost, or object to your request.
It’s important to note that even while you wait, you can’t withhold rent. You could be in breach of the agreement by doing so.
Having said that, if the landlord doesn’t respond in the given timeframe or doesn’t meet their obligations in some way, you won’t have to pay the penalty if you choose to break the lease. This again depends on where you live.
What happens if the landlord takes ages to respond to my request for repair?
This depends on your state and we recommend looking into the specific laws in each area and speak with the residential tenancies authority. But in a snapshot, this is the timeframe your landlord should adhere to once you’ve notified them about the repair request.
- NSW: Not specified
- VIC: 14 days
- QLD: Not specified
- WA: Not specified
- SA: Varies according to urgency
- TAS: 28 days
- ACT: 4 weeks
- NT: Varies according to urgency
Can I just repair it on my own?
You can look into arranging the repairs on your own as well. Remember to check your agreement and state laws online first though! Because most but not all states allow you to do it for urgent repairs.
If you want to pursue this route, first make sure it’s an urgent repair. Then hire a licensed professional and above all, keep the receipt after you’ve paid as this will help you get a refund!
Through this time, keep updating your landlord. And if you don’t have the funds to cover the repair while you wait for a response, you can request an urgent hearing from the tribunal.
What if I accidentally break something?
Your landlord has the right to hold you accountable for any damage to the property. So if red wine spills on the beige rug or a window is broken during an aggressive round of handball, you’ll have to pay for it.
But you still need to notify your landlord, even when you organise repairs on your own.
This is where renter’s insurance is handy. If anything happens, you can make a claim and your insurance will cover it.
However, if you don’t resolve the issue, your landlord can take this to the tribunal. Don’t forget that they have your bond and may use it to replace anything you damaged.
If you need more information on getting bond assistance in VIC or other states, research the government websites.
Is my landlord allowed to enter the premises?
The short answer is yes. Your landlord, their agents and tradespeople can access your home, even when you’re not there. These can be for inspections or repairs. Double-check your contract for details. Having said that, your landlord or their real estate agent are not allowed to look in cupboards because those are part of your personal property.
Nonetheless, a set period and maximum frequency of inspections is put forth in most states. You can look up other specifications on entry allowances, but here are those for inspections according to the law:
- NSW: At least seven days’ written notice each time is required in New South Wales law. No more than four routine inspections a year. In most cases, entry must be between 8am and 8pm on any day except Sundays and public holidays.
- VIC: At least 24 hours’ written notice each time. Access must be between 8am and 6pm on any day except public holidays.
- QLD: At least seven days’ notice with a gap of at least three months between last entry. Entry to be between 8am and 6pm on any day except Sundays and public holidays.
- WA: At least seven days’ notice. No more than four routine inspections a year.
- SA: At least seven days’ notice. Must occur within a specified two-hour timeframe between 8am and 6pm on any day except Sundays and public holidays.
- TAS: At least 24 hours’ notice. No more than one routine inspection every three months. Entry to be between 8am and 6pm.
- ACT: At least seven days’ notice. A maximum of two routine inspections a year with an additional initial inspection during the first month of the beginning of a tenancy and a final inspection in the last month of a tenancy before tenants vacate. Entry to be between 8am and 6pm on any day except Sundays and public holidays.
- NT: At least seven days’ notice and at least three months after the last entry. Entry to be between 7am and 9pm.
When can I ask for a reduction in rent?
Let’s just say you move into your new place and later down the line a huge construction project begins nearby, affecting the area’s noise and views. This is when you might ask for a reduction in the rent price.
Try avoiding problems by writing to your landlord with the request. If they don’t oblige, you’re able to take it to the tenants union tribunal. Check out our tips on negotiating rent with your landlord for more help.
Can my landlord increase the rent?
Again, rent increases depends which state you’re renting in. Mainly, the landlord has the right to do this but the renter also has the right to refuse it. If you don’t come to a compromise, this can be brought to the tenants union tribunal.
If your landlord springs this on you, be sure to verify their rights on a government website. Look up Victoria tenancy laws, rent increases in NSW or tenants’ laws in NSW, or wherever you’re renting, to make sure you stay informed.
What if I miss paying rent?
When you miss paying rent, it is also known as rent arrears or rent owning. Your state and tenants union will decide how you’re liable so you should be armed with knowledge of the consequences.
In NSW for instance, if you don’t pay your rent arrears for two weeks, your landlord can evict you. Diversely, in Victoria, if you’re not paying the agreed upon rent, your landlord can request compensation from the Victorian Civil and Administrative Tribunal (VCAT).
The VCAT will pursue the issue with you and if you don’t resolve the issue, you’ll be forced to vacate within 14 days.
Suggested reading: Learn about tenant laws in Soho’s article so you avoid potential misunderstandings.
Can a landlord deny adding someone to a lease?
Landlords have the right to choose who lives in their rental property, but what happens when a tenant wants to add someone to the lease? Can a landlord deny adding someone to a lease? The short answer is yes, but there are certain circumstances where a landlord cannot refuse to add someone to the lease.
How many sets of keys should a landlord provide?
If you’re wondering how many sets of keys a landlord should provide, the answer is usually just one set. In New South Wales (NSW), landlords must provide tenants with a set of keys to access the rental property. However, how many sets of keys should a landlord provide in NSW? The answer depends on several factors, such as the number of tenants and the type of rental property.
What’s a holding deposit?
A holding deposit is a sum of money paid by a tenant to a landlord to reserve a rental property. It is also known as a good faith deposit or an application deposit.
Did you gain some knowledge on renters rights?
That’s the gist of tenants’ rights you need to know! And while there are many factors to consider before you rent, while you rent and when you leave a rental, Soho’s got you every step of the way.
If you’re still on the hunt for your next great property, browse our search pages. And remember to shortlist and swipe our listings so we can curate better matches for you!
