Residential Tenancies Act 1986

Flashcards covering key vocabulary and concepts from a lecture on the Residential Tenancies Act 1986, including its social and historical background, scope, reforms, and key provisions related to landlords and tenants rights and responsibilities.

Tenancy Legislation (Historically)

Legislation that aims to redress the unequal bargaining power between landlords and tenants, limit unreasonably high rents, and restrict landlords' rights to recover possession in case of a breach.

RTA 1986, 2020 Reform: New Requirements

Rent increase limited to once every 12 months, landlords cannot terminate tenancy without grounds, tenants who are victims of family violence can terminate tenancy with 2 days notice, rental bidding prohibited, and all requests to assign a tenancy must be considered.

RTA Reform 2024

Landlord can terminate periodic tenancy without cause (90 days notice), or with 42 days notice under specific circumstances. Tenants can terminate with 21 days' notice. Retaliatory terminations by landlords are unlawful.

Application of the RTA 1986

Applies to all tenancies for residential purposes, with specific exceptions. It covers both fixed term and periodic tenancies, and may apply where occupancy is intermittent.

Service Tenancies

The Act applies to tenancies granted in relation to a contract for services between a landlord as employer and a tenant as employee, covering contractors, government employees, members of police and armed forces.

Contracting in/out of the Act s(11)

A tenant is absolutely prevented from waiving their rights/powers under the Act, but a landlord may waive any of their rights/powers if they decide to do so.

The RTA 1986 Does Not Apply To

Tenancies for commercial, industrial, or agricultural purposes; institutional residential accommodation (prisons, hospitals, etc.); tertiary student accommodation; transient accommodation (hotels, motels, etc.); and short fixed-term tenancies of not more than 90 days.

Parties Agreement

The RTA will generally apply even where a tenancy agreement purports to exclude, modify, or restrict any of its provisions (s 11). However parties may agree (in writing) to be subject to any or all of the Act's provisions (s 8).

Tenancy Tribunal

A judicial body with exclusive jurisdiction in relation to residential tenancy agreements, possessing the power to exercise powers of District and High Courts in relation to contract.

Letting Fee

Fee or charge by the letting agent. Landlord may nevertheless recover reasonable expenses on consenting to Tenants (e.g. hiring an agent to advertise the property, drafting of a tenancy agreement by a lawyer)

Bonds

Sum of money payable under a tenancy agreement as security for the observance and performance of Tenants obligations under the agreement. Cannot total more than 4 weeks of rent

Rent

Any money, goods, services or other valuable consideration in the nature of rent to be paid or supplied under a tenancy agreement by tenant; but does not include any sum of money payable by way of bond.

Rent Increases

Landlord must give tenant notice in writing no less than 60 days after the date of notice and must not be increased within 12 months after date of commencement of tenancy or within 12 months after date when last increased took effect.

Tenants Entitlements

Tenant is entitled to vacant possession of the premises and quiet enjoyment

Tenants Right to Assign

Tenant may assign tenancy at any time with landlords prior written consent and in accordance with any reasonable conditions. Liable for acts/omissions before date of assignment.

Tenant Responsibilities

Pay Rent, Ensure premises are occupied for principally residential purposes, Keep premises reasonably clean and tidy, Comply with smoke alarm requirements, Notify landlord of any damage or need of repairs (ASAP after discovery)

Tenant is Prohibited From

Tenant is prohibited from intentionally or carelessly damaging the premises, Using the premises for any unlawful purpose, Causing or permitting interference with quiet enjoyment of landlords other tenants

Landlords Responsibilities

Provide premises in a reasonable state of cleanliness, Provide and maintain the premises in a reasonable state of repair, Comply with requirements, Provide and maintain locks etc as necessary to ensure premises are reasonably secure

Landlord may not enter except

With tenants consent given freely at or immediately before time of entry, In case of emergency, For purpose of inspection (8am - 7pm), For purpose of determining whether tenant has satisfactory completed any required work