Tenancy Agreements, Tips & Obligations

Understanding the responsibilities of tenants and property managers under the Residential Tenancies Act 1986 is essential for maintaining a positive and compliant rental experience. By knowing their obligations, tenants and property managers can contribute to a respectful, well-maintained, and harmonious living environment. Below are the key duties of each party in a simplified format.

Tenant Obligations

  • Pay rent on time as outlined in the tenancy agreement.
  • Keep (and return) the property in a reasonably clean and tidy condition.
  • Report any damage or necessary repairs to your property manager promptly.
  • Avoid causing intentional or careless damage to the property.
  • Allow your property manager access for inspections or repairs with proper notice.
  • Do not engage in any illegal activities on the property.
  • Respect your neighbours and their property, peace and comfort.
  • Follow the conditions set out in the tenancy agreement.
  • Do not make significant changes or renovations without written consent.

Property Manager Obligations

  • Act honestly and fairly with landlords and tenants, maintaining professional conduct at all times.
  • Keep the property in good condition and comply with regulations.
  • Provide rent receipts when needed and ensure tenants enjoy the property without disturbances.
  • Address tenant concerns promptly, maintain open communication, and update landlords on rent.
  • Follow notice periods for property entry, manage repairs quickly, and keep detailed records.
  • Guide tenants and landlords through disputes and ensure the property is secure with proper locks.

Top Tips

  • Communicate with your property manager and document everything to avoid misunderstanding.
  • Pay rent on time and contact your property manager promptly if you wish to extend your tenancy.
  • Promptly report any maintenance or repair issues to ensure quick resolutions.

Tenancy Agreements

Fixed Term

A fixed-term tenancy agreement has a specified end date, and it concludes either when the tenant/resident provides notice of departure, or the agent issues notice for them to vacate. Should neither occur, the agreement automatically transitions into a periodic arrangement.

Periodic

In a periodic tenancy agreement, there is no specified end date; it continues until one party provides written notice to terminate it. Termination of the tenancy occurs upon receipt of the appropriate notice from either the tenant/resident or the property manager/owner.

Studio Rooms

Studio rooms are rented individually in properties with up to five tenants, which can be 5 separate rooms, 4 rooms with one couple, or 2 rooms with two couples. Six or more tenants classify the property as a boarding house. (Studio room notice periods are the same as ‘fixed term tenancies’).

Boarding House

At a boarding house, each tenant has their own agreement with the landlord to rent a single room, or a sleeping area in a room they share with other tenants. A boarding house tenancy lasts (or is intended to last) for at least 28 days.

Giving Notice/Vacating Premises

To vacate your property, you must notify us in writing with at least 21 days' notice. For fixed-term tenancies, the end date on the notice cannot be before the agreement's end date. Rent is payable up to the 21st day of your notice period. Notice is effective from the date received by our office (same day for emails sent before 5pm; allow four working days for postal notices).

Breaking the Lease

A fixed-term tenancy cannot be ended early without the owner's consent. If approved, the tenant must pay reasonable costs to find a new tenant, along with rent and maintenance until re-let. Tenants cannot assign a tenancy without written confirmation from property management. The new tenant must complete an application, background checks, and be approved by the owner or other tenants if applicable. There are costs involved for this process, please contact your property manager for further information.

As the tenant, you are responsible for paying rent until a suitable replacement tenant signs a new agreement and pays their deposit, bond, and first week’s rent.