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.
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.
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 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’).
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.
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).
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.