Tenants’ Union of Tasmania Inc. The Residential Tenancy Act ( the Act ) 1997

What types of premises are covered by the Act? Private housing Public housing Boarding premises

Properties that are rented as holiday rental for periods less than 3 months Hotels and motels Some boarding premises with less than three rooms, and where the owner also resides in the premises. Hospitals, nursing homes, residential care, crisis accommodation etc. Student housing (except NRAS approved dwellings) A ‘Boarding Premises’ is defined as a room occupied as a principal place of residence with shared facilities (bathroom/ toilet/ kitchen) but excludes accommodation that is primarily occupied by tertiary students. Properties not covered by the Act Properties not covered by the Act

Types of agreements under the Act Types of agreements under the Act Fixed term (at least 4 weeks) OR Non-fixed (no end date) Agreements can be written OR verbal (NB written agreements are preferable as verbal Terms and Conditions can be hard to prove…)

What determines the conditions of an agreement? A combination of the Lease Agreement, and: The provisions under the Act The lease agreement can include specific arrangements about things like pets that are not covered by the Act. However the Lease Agreement can not include anything that is contrary to the Act. Sec15. A provision of a residential tenancy agreement that is inconsistent with a provision of this Act has no effect.

Rights and Responsibilities Both tenants and landlords have certain rights and responsibilities under the residential tenancy agreement Tenants have a responsibility to: Pay rent on time Not damage the property Not use the property for illegal purposes Ask the landlord for permission to keep pets, or have more people move in

Rights and Responsibilities Tenants have a right to: Enjoy their home in peace and quiet without harassment or unplanned visits from the landlord Have the premises kept in a condition as near as possible to when they moved in Have all essential services functioning properly and safely Receive their Bond back, in full at the end of the tenancy, unless there is good reason for the landlord to withhold it

Discrimination and the Act Anti-Discrimination Act 1998 Makes discrimination on a range of ground unlawful. These grounds include: age, gender, marital or parental status, race, disability, and irrelevant criminal record. Applies to both leases and sub-leases Complaints regarding potential discrimination can be made to the anti-discrimination Commissioner Complaints regarding potential discrimination can be made to the anti-discrimination Commissioner