Rental Agreements DYI posted:

Rents
Landlords and the tenants can freely agree on rent in all Australian states.

Both period and fixed contracts increases or decreases in rents may be reviewed by a tribunal. Tasmania is the exception where increases in rent may be assessed by a magistrate. Tenants must make an application to get the rent increase reviewed. The tribunal will look at the range of rents charged for comparable premises in similar locations. Other considerations are the proposed rent compared to the current rent, the state of repair of the premises, the term of the tenancy, the period since the last rent increase and any other factors that the tribunal considers relevant.

In the Australian Capital Territory the rent cannot be increased more than annually. In Victoria, South Australia and in Northern Territory the property owner can only increase rent after six months. For Western Australia rents can not be increased in the first 6 months of the tenancy term and thereafter not less than 6 monthly.

New South Wales, Tasmania, South Australia, Western Australia, and Victoria require 60 days notice of any rent increase. The Australian Capital Territory requires eight weeks notice. Queensland requires a minimum of one month notice for a fixed term agreement, and at least two months notice for periodic agreements. The Northern Territory requires thirty days notice regardless of the type of tenancy agreement.

Deposits
The tenant is usually required to pay both rent in advance plus a rental bond, as a security deposit in the event the tenant fails to pay rent, services, or damages the property.

The maximum advance rent is generally two weeks or a month's rent, depending on the type of tenancy agreement and the residential tenancy law for each state:

• In New South Wales, the maximum rent advance is two weeks' rent if the rent is less than $300 a week; otherwise, four weeks.
  
  
• In Queensland, the maximum is one month's rent for fixed term tenancies and two weeks' rent for periodic agreements.
  
  
• In Tasmania, the maximum is one month's rent.
  
  
• In Victoria, the maximum is one month in tenancies where the rent is less than $350/week.
  
  
• In the Australian Capital Territory, the maximum rent advance is a month's rent.
  
  
• In the Northern Territory, the maximum rent advance is one rental payment period.
  

The tenant is in addition usually expected to pay a rental bond. Each state, except Tasmania, Western Australia and Northern Territory, has its own Rental Bonds office, and maximum rates for the rental bonds differ according to the rent, type of tenancy agreement and state where the tenancy takes effect.

• In New South Wales the maximum bond rate is four weeks for unfurnished premises, six weeks for furnished premises with rent of less than $250 a week and an unlimited amount for furnished premises with weekly rents of more than $250. Bonds must be lodged with the Rental Bond Board of the Office of Fair Trading.
  
  
• In Queensland the maximum bond is four weeks' rent if the weekly rent is less than $500. For premises that charge a weekly rent that exceeds $500 an unlimited amount can be asked. Bonds must be lodged to the Residential Tenancies Authority.
  
  
• In South Australia bonds should not be more than four weeks' rent if the weekly rent is $250 or less; otherwise, a landlord can ask six weeks' rent as bond. Security bonds must be paid to the Residential Tenancies Fund.
  
  
• In Victoria, the maximum bond is four weeks' rent for tenancies worth less than $350 / weekly. The Tribunal, upon application of the landlord, will determine the maximum bond for premises with weekly rent that exceeds $350. Bonds are lodged with the Residential Tenancies Bonds Authority.
  
  
• In Western Australia, the maximum bond is four weeks' rent.
  
  
• In the Australian Capital Territory, the maximum bond is four weeks' rent. Bonds should be lodged with the Office of Rental Bonds.
  
  
• In the Northern Territory, the maximum bond is four weeks' rent.
  

Ending the tenancy agreement
The two types of tenancy in Australia are fixed term tenancies for a specific period of time and periodic tenancies, which are either week to week or month to month.

A landlord can terminate a tenancy by giving notice in the approved form, or by using the tribunal. At the end of a fixed term agreement the landlord must give written notice to the tenant.

• In New South Wales and Queensland a minimum of 14 days notice is required. In Victoria, 90 days notice for a fixed term agreement of less than 6 months, otherwise more
  
  
• In South Australia and Western Australia there is no required minimum notice, but landlord and tenant must discuss the issue and come to an arrangement.
  
  
• In Tasmania, 28 days notice.
  
  
• In Australian Capital Territory, 3 weeks notice.
  
  
• In Northern Territory, 14 days notice.
  

Where a fixed term tenancy expires and the tenant does not lease the residence, the tenancy is transformed into a periodic tenancy in all states, except in New South Wales, where there is automatic renewal on the same terms and conditions as before.

In Western Australia, if the tenant does not leave the premises after the expiration of the agreement the landlord must apply to a Magistrates Court for termination and possession order within 30 days of conclusion of contract.

The length of notice varies in each state and each 'cause' from 7 days in Queensland, Western Australia, and South Australia to 182 days in Australian Capital Territory.

Various changes to entry to the property rules
In 2005 the Northern Territory amended its Residential Tenancies Act 1999 to allow condition reports to be partly in writing and partly by using images, or entirely by using images; provision for a clause allowing the Commissioner to prepare the condition report if no agreement was reached between the landlord and the tenant; provision for a maximum notice periods for breach of tenancy agreement by either the tenant or the landlord; and protection of landlord's interest from the tenant's failure to remedy a breach after notice was given.

In 2005 the Australian Capital Territory introduced a provision to terminate the agreement at 4 weeks written notice if the lessor is posted away from Canberra, with the tenancy ending 4 weeks after receipt of notice (or on a later stated date), repayment of rental bond to the lessor; and provision for an 'enforcement condition' in termination and possession orders, with an expiry date given by the tribunal but not more than 1 year after the day the order is made.

In 2004 Tasmania prohibited up-front fees for entering into, renewing, extending or continuing a residential tenancy agreement. It also provided a prescribed time (3 working days) for security deposits to be returned. It introduced is a new emergency order mechanism for either landlord or tenant to terminate the agreement and a 28 days notice to quit or vacate the property for both landlord and tenant.

In 2002 Victoria amended its Residential Tenancies Act 1997 to require 60 days notice for a proposed rent increase, the rent not to be increased at intervals of less than 6 months, a right of entry for the landlord after the end of the first three months of tenancy, and payment of bonds before occupancy.

Recent changes in landlord and tenant law
In 2010 a new Act was passed in NSW for Residential Tenancies. The new rules and tenany agreements were introduced 1st February 2011.
There were a number of changes and simplified rules for both landlord and tenant. Concensus is the changes are for the better.

In 2009 Queensland introduced the Residential Tenancies and Rooming Accommodation Act 2008. Some of the changes include:

• Properties must be advertised at a fixed rate.
  
• Only deposits before a tenancy are holding or key deposits
  
• Landlords must give tenants 2 months notice to leave without grounds for both fixed term and periodic agreements
  
• Tenants can dispute significant changes to agreement
  
• Rent cannot be increased unless there has been at least 6 months since the last increase.