Landlords and tenants both have rights and obligations when a tenancy agreement is entered into. These rights and obligations are set out in the Residential Tenancies Act 1995. Some of these rights and obligations cannot be charges, even if there is mutual agreement between the parties.
The landlord/tenant relationship begins when a landlord agrees to rent residential premises to a tenant. “Premises” include the land and buildings contained on it, and all things provided for use by the tenant. However, a landlord and tenant may agree at the beginning of the tenancy to exclude certain parts of the premises as being for use by the landlord. A tenancy agreement can be written, verbal or even implied. It does not need to be in writing to be binding.
Homburg Real Estate follow the standards of Best Practice and to protect the interests of our clients, all agreements for both Management and Tenancy will always be in writing.
The landlord must pay any cost associated with the preparation of a written lease. There is to be no cost to the tenant. A residential tenancy agreement is formed when a property owner grants a person the right to occupy the premises for valuable consideration.
THE LANDLORD IS OBLIGATED TO....
- Provide the premises in a clean and reasonable condition (fit to live in, good repair and not in breach of any health or safety regulations);
- Maintain and repair the premises;
- Allow the tenant peace, comfort and privacy;
- Pay rates and taxes applicable to that property;
- Provide proper receipts for any moneys received from the tenant;
- Keep property records of rent received during the tenancy;
- Provide and maintain locks to ensure the premises are reasonably secure;
- Complete and provide 2 signed inspection sheets and a copy of the Information Brochure to the tenant at the commencement of the tenancy;
- Provide the tenant with a copy of the lease agreement if the landlord has required the tenant to sign a written agreement.