• A landlord must provide a tenant with certain information before the tenant moves in. 
• In particular a tenant must be provided with written notice of the full name and address of the landlord or their agent.
• If the landlord is using an agent they must also provide a written statement specifying whether the agent has the power to undertake urgent repairs. 
• In some states and territories the failure to provide this information is an offence.

• Generally no. 
• A sub-lease is established where a new agreement is created between a head-tenant (the original tenant) and a new sub-tenant. 
• The sub-tenant must have exclusive possession of all or part of the residential premises.
• For example the sub-tenant may have their own room.
• The relationship between the head-tenant and sub-tenant is the same as a landlord and tenant relationship.
• The head-tenant has the same responsibilities that a landlord would have.
• Usually a guest will not have this level of possession and the relationship between the head-tenant and the guest will not be one of landlord and tenant.
• It should be noted that a sub-lease cannot be created without the consent of the actual landlord.

• Generally no late fees can be applied. 
• However sometimes an 'incentive clause' may be included in the tenancy agreement.
• Incentive clauses offer a discount for early payment of rent.
• An incentive clause does not penalise (fine) late payment but rather encourages prompt payment of rent. 

• This is an urgent matter and you should immediately apply to the tenancy tribunal which is part of NCAT (NSW Civil and Administrative tribunal) to stop the landlord from evicting you and to allow you to enter the premises if you have been locked out.
• It is important to act quickly in the event that this has occurred as even short term lack of access to your place of residence can affect your employment, family and other relationships. 
• In addition to seeking an order from the relevant tribunal you may wish to seek compensation for any loss or damage caused by the eviction such as the cost of any accommodation.

• A tenant is only responsible for basic maintenance of the property. This will usually include:

1. cleaning;
2. managing the garden; and 
3. replacing light bulbs.

• The landlord is responsible for any repairs associated with:

1. electrical faults;
2. smoke alarms;
3. cleaning gutters;
4. removal of trees or other obstacles; and 
5. other more substantial and costly issues of a structural nature not caused by misuse. 

• Whether you can have pets will depend on the terms and conditions of your tenancy agreement. 
• There is no specific provision in the legislation that permits or prohibits pets. 
• Before signing a tenancy agreement you should ask your landlord whether you can have a pet. 
• This is solely the landlord’s decision.
• If you are allowed a pet but it causes damage or is a nuisance to neighbours your landlord may be entitled to issue you a ‘breach of duty’ notice. 

• No. In most situations you cannot legally refuse to rent the premises on the basis that an applicant has children. Refusing to rent on these grounds is considered discrimination. 
• A potential tenant who feels they are being discriminated against on this basis (or another) may apply to the Equal Opportunity and Human Rights Commission or equivalent in their state or territory of residence.

• Generally a boarder or lodger won’t be covered by the residential tenancies legislation. 
• A boarder or lodger rents part of the premises from a tenant who also lives at the premises or the owner of the premises who also lives at the same premises.
• These people have control over the entire premises including the area that you rent. 
• They are the landlord. 
• The key difference to a tenancy is that you do not have the right to exclusive possession or control over any part of the premises. 

• There are two main kinds of tenancy agreement: 

1. fixed term; and
2. periodic. 

• A fixed term lease is a lease for a fixed period of time that comes to an end automatically at the end of the agreed period. 

1. An example of a fixed term lease would be a standard 6 or 12 month lease. 

• A periodic tenancy continues indefinitely and has no fixed end date. 

1. For example this would include a rolling tenancy where rent is paid monthly but could potentially end at any time. 
2. The agreement does not include an end date.

• When you share your tenancy with others for example in a share house scenario you are often jointly responsible (and liable) for the fulfilment of obligations under the tenancy agreement. 
• There are two main forms of shared tenancy: 

1. co-tenancy; and
2. sub-letting.

• If you are sharing a tenancy as a 'co-tenant' each tenant will need to sign the agreement and each tenant will be individually listed on any bond forms. 

1. It is usually up to the tenants to determine in what proportion they will each pay the bond though it is usually divided equally. 
2. Regardless of differing proportions each tenant is responsible for the full amount of bond rather than just their individual share. 
3. This means that if a co-tenant caused damage to the house during the tenancy you would also be liable to lose your bond regardless of whether you personally caused the damage or not. 
4. Any tenant can be responsible for the damage caused by other tenants in a co-tenancy.

• Under a sub-letting arrangement one or more tenants rent part of the premises from other 'head tenants.’ 

1. The head tenant is the person or persons who originally signed the tenancy agreement. 
2. The other tenants are referred to as 'sub-tenants' and they rent off the head tenants. 
3. Sub-letting cannot occur without written approval from the landlord but that approval usually cannot be unreasonably withheld.
4. In a sub-letting scenario the head tenant is essentially the 'landlord' for the sub-tenant.

• The landlord or their agents must always ensure that the premise is maintained and in good repair. 
• The tenant has a duty to take care not to damage the rented premises as well as any common or shared areas.
• Tenants must ensure that any urgent maintenance, repair or safety issues are immediately reported to the landlord and the landlord must act immediately to resolve these.
• In this way problems can be dealt with quickly and effectively before they lead to greater problems such as a house falling into disrepair and incurring unnecessary damage or before an accident or injury occurs to the tenant. 
• Whether you own or rent a house repairs are necessary from time to time. 
• Appliances break, mistakes happen and there is a general level of wear and tear associated with the aging and ongoing use of premises. 
• Usually repairs are the responsibility of the landlord. 
• However if a tenant has caused the damage and it is more than just reasonable wear and tear the landlord or their agent may request that it be repaired by the tenant or that the tenant bear the cost of any repairs.
• Repairs are also usually split into two categories: urgent and non-urgent. 
• Which category your repairs fall into will determine the procedure for their resolution. 
• Urgent repairs must be responded to immediately by the landlord or agent.
• Urgent repairs cover such things as:

1. a burst water service;
2. failure of electricity, gas or water supply;
3. blocked toilets;
4. dangerous electrical faults;
5. gas leaks;
6. flooding or fire damage; and 
7. any other damage that has caused the property to become unsafe or unsecured.

• If the landlord or agent refuses to act immediately to make urgent repairs or if they can't be contacted the tenant can authorise the repairs up to a certain value and claim reimbursement from the landlord.
• Non-urgent repairs must be responded to within a set time period by the landlord or agent (usually within 14 days).
• Non-urgent repairs are usually those that are needed to maintain the premises and its fixtures and appliances but are not considered 'urgent' and do not pose health, safety or security risks.
• If the landlord fails to carry out the repairs within the set time frame a tenant can apply to the relevant regulator in their state requesting an inspection or other remedy. 

• There is a general right of 'quiet enjoyment' or 'reasonable peace, comfort and privacy' that must be provided to tenants. 
• Quiet enjoyment provides the tenant with freedom from disturbances by the landlord or other disturbances that could be prevented by the landlord. 
• The landlord will still be entitled to access the premises providing it is at a date and time that you have both agreed on beforehand and for a legitimate reason. 

1. Before entering the premises the landlord or agent must have a reason as set out in the legislation. Acceptable reasons include routine inspections.
2. The landlord must tell you in advance if they are going to enter the premises.
3. Time frames for providing entry notice will vary from state to state and depend on the particular reason entry is being sought. 
4. If the landlord does not follow these legislated procedures a tenant generally won't be obliged to allow entry.

• In some cases a landlord may enter the premises with only 24 hours written notice to a tenant.
• Usually the landlord can only enter between 8am and 6pm and not on public holidays.
• The reasons for which a landlord may request entry can include: 

1. the premises are to be sold and the prospective buyer or lender needs to see through premises;
2. valuation of the property;
3. regular condition inspections as provided by the relevant legislation;
4. repairs have been requested; or 
5. entry is required for the purposes of family violence proceeding.

• In New South Wales the landlord or agent may enter the premises without consent and without notice:

1. in an emergency;
2. to do urgent repairs;
3. if the premises appear to have been abandoned; or 
4. if there is serious concern about the health or safety of a person on the premises.

• A tenant may also give consent to the landlord entering the premises for reasons outside the legislation. 

Question

My tenancy agreement ended a week ago and the landlord is trying to withhold part of the bond for some curtains in the lounge room that have faded from sun exposure during the year. Are they allowed to do this?

Answer

• Generally speaking this sort of fading of curtains would be considered part of the normal wear and tear of a residence.
• Landlords can usually claim the following: 

1. damage to the premises; 
2. loss of landlord's goods; and 
3. failure by the tenant to keep the premises reasonably clean.

• The landlord may argue that you have failed to keep the premises reasonably clean but if the fading is from sun exposure there is nothing you could have done to avoid this wear and tear. 
• It is unlikely that the landlord would be successful in this claim. 
• You should notify your landlord of your disagreement and they may then choose to make a claim to the NSW Civil and Administrative Tribunal (NCAT).

Question

My landlord has made a claim for compensation against me for damage to the property – a large crack on the wall above the lounge room door. I do not believe that I caused that damage as it was already there when I moved in. What position am I in legally? What do I need to do?

Answer

• First the landlord will need to establish that you have breached the tenancy agreement by:

1. causing damage; 
2. that that damage has caused loss to the landlord; and 
3. that the amount they are claiming is reasonable. 

• It can be difficult for a landlord to prove all of these things. 
• Usually a landlord will rely on a condition report signed by the tenant upon their moving into the premises but sometimes the item that is claimed to have been damaged is not included as part of that report.
• If you intend to defend the claim you should start collecting any evidence you have available that might establish that you should not have to pay the amount.
• For example: 

1. that the damage was already there;
2. it was not caused by you or a visitor of yours; or
3. the amount being claimed is not reasonable. 

• You should write to the landlord stating that you do not believe you are responsible for the amount they are asking for and provide copies of the evidence.

Question

I am the landlord for an apartment in NSW. I contacted my tenant last month requesting access to the property for a routine inspection. The tenant has consistently refused to allow me into the premises for routine condition inspections. What can I do?

Answer

• Your tenant may be in breach of their duties under the residential tenancies legislation. 
• Although you are required to provide your tenants with reasonable peace, comfort and privacy you are allowed to enter the property for a range of purposes providing you follow the procedures set out in the legislation. 
• You are able to carry out inspections up to four times per year. 
• In order to do this you have to give the tenant at least 7 days written notice and should find a time that is mutually suitable if your tenant wishes to attend the inspection. 
• If you do not follow this procedure then you are attempting to enter the premises unlawfully and the tenant is not required to let you in. 
• If you are following the correct procedure and your tenant still refuses you entry you may wish to take the next step of making a complaint to Fair Trading's tenancy complaint service. 
• You can do this online at Fair Trading's online compliant service using this link: http://www.fairtrading.nsw.gov.au/ftw/About_us/Online_services/Lodge_a_complaint.page. 
• This service is a voluntary process that will bring you and your tenant together through teleconference or in person to find a mutually agreeable resolution to your issue. 
• If this voluntary process does not provide a resolution either you or your tenant can lodge a claim with the New South Wales Civil and Administrative Tribunal (NCAT). 
• NCAT has the power to make orders that will bind you and your tenant. 
• This means you both have to do what the orders tell you to do.
• This can include ordering that an inspection take place or if this does not seem likely for example if the tenant is unwilling to cooperate then they can order that the tenancy be terminated and that the tenant vacates (leaves) the property.
• The order might say that the tenant also has to pay compensation to the landlord. 

Question

My tenant has asked if they can install a shaded pergola area at the back of the property but they have not given me any details of what it will cost and what it will look like. Do I have to let them do this? Am I responsible for the cost or are the tenants?

Answer

• While the tenants can make minor alterations without consent installing a fixture of this nature is something that needs your consent first. A tenant who does this without your consent may be in breach of their tenancy agreement. 
• You are under no obligation to approve or pay for a substantial alteration such as this but you cannot unreasonably withhold your consent to minor changes. 
• If you obtain more information from the tenant about the changes that are required and believe that the installation of the pergola will be beneficial or increase your property value you may decide to grant your consent and possibly even cover some or all of the costs of installation at your discretion.
• Something to be aware of is that if a tenant pays for a fixture they may be entitled to remove it at the end of their tenancy providing they arrange for any repair or damage caused by this de-installation. 
• Although the tenants are unlikely to take a pergola with them at the end of the tenancy a smart way to avoid this happening is by contributing to the costs. 
• A tenant is not able to remove a fixture at the end of tenancy without your consent if you have contributed to the costs.

Question

I have a fixed term tenancy of 2 years and it is about to end. I really like the property as it is very close to all amenities and my workplace. I do not want to move. I have not been given any notice to vacate the premises. Can I stay in the property? 

Answer

• If your fixed term tenancy comes to an end and both you and your landlord have not given notice to end it you may roll over to a periodic tenancy agreement. 
• This is a rolling tenancy agreement that can be cancelled at any time provided 90 days notice is given by the landlord or 21 days notice is given by the tenant.
• It is not as secure as a fixed term agreement. 
• If you wish to negotiate a second fixed term lease you should contact your landlord to renew the original lease or to commence a new agreement.