Details tenants are required to provide to a landlord & Agent's Liability

Details tenants are required to provide to a landlord

When requested by a lessor (landlord), a tenant must provide their name and place of employment. A lessee (tenant) who gives false information can receive a penalty of $2200.

When handing over possession of the premises, the tenant must tell the landlord the tenant's new residential address, unless they have a reasonable excuse for not telling the landlord the new address. The landlord must ask the tenant for the new address in writing.

Details landlords are required to provide to a tenant

On or before the day the tenant starts occupying the premises, the landlord or their agent must give a written notice to the tenant stating—

·        the landlord’s name and address for service (see below); or

·        if the landlord has an agent who is authorised to stand in their place, the agent's name and address for service.

A landlord who fails to provide this information can be fined $2200. They can also be fined if their details change but they do not provide notice of this change to the tenant within 14 days.

What is an address for service?

Address for service means—

(a) for an individual—the individual's place of residence or place of business; or

(b) for a body corporate—the body corporate's registered office or place of business.

The agent’s liability

If the agent’s details are given to the tenant instead of the landlord’s details, the agent can have proceedings brought against them as if they were the landlord. Further, a tribunal can make an order against the agent and settlement may be made with the agent as if they were the landlord themselves.

House Rules

House Rules

House rules are rules about the use, enjoyment, control or management of rental premises. The house rules in force for rental premises are the prescribed rules that apply to the rental premises and any other house rules made by the landlord.

Rules made by the Landlord

A landlord may only make house rules for rental premises about any of the following matters—

•         using shared facilities;
•         parking motor vehicles;
•         drinking alcohol or illegally consuming other drugs;
•         smoking;
•         making noise;
•         keeping pets;
•         guests;
•         another matter prescribed under a regulation.

A provider must not make a rule about a matter not provided for above. The maximum penalty for breach is $2200.

The rule is only effective if it is consistent with;

·        the prescribed rules under legislation,

·        the landlord’s obligations and the resident’s rights,

·        7 days notice is given of the change or new rule before it commences.

If 10 residents or half the total number of residents object to the change (whichever is the lesser) the change lapses.

Publication of house rules

A proposed resident must be given a copy of house rules prior to entering into a rooming accommodation agreement. It is the landlord or landlord’s agent’s responsibility to ensure the proposed resident is given a copy of the house rules for the premises. The maximum penalty for non-compliance is $1100.

Display of house rules

At all times, the house rules must be displayed in the premises in a place where it is likely to be seen by the residents. Failing to do so may cost a landlord or their agent $1100.

Goods left on premises

When a tenancy comes to an end and goods (not including money or personal documents) are left on the premises, the person who was the landlord or property manager may sell the goods or dispose of them as long as they believe on reasonable grounds that;

· The market value of the goods is less than $1500, or

· The storage of the goods would be unhealthy, unsafe, or cause the value of those goods to significantly depreciate, or

· The cost of removing, storing and selling the goods would be more than the proceeds of the sale of the goods.


If none of the above applies, the former landlord is required to store the goods safely for 1 month. A caravan and its contents must be stored for 3 months. If the goods are still not reclaimed then the landlord can sell the goods by auction.



Selling unreclaimed goods via auction


Requirements:

1. Give notice of the auction by publishing the notice in a newspaper circulating generally in the area where the goods were abandoned,

2. The notice must describe the goods and state the day, time and place the auction will be held,

3. Give the notice 7 days in advance.


The penalty for not complying with these requirements is $4400.


If the owner of the goods claims possession of them in writing (before they are disposed of or sold), the former landlord must let the owner take back the goods. The landlord can require the owner to pay storage and/or removal costs, assuming they are reasonable.


If the landlord does sell the goods, they may keep out of the proceeds of sale the reasonable costs of removing, storing and selling the goods, but the rest of the money must go to the public trustee within 10 days of the sale.



The tenant still owes the landlord moneyIf money is still owed to the landlord under the tenancy agreement, they can make an application to a tribunal to have the money paid out from the public trustee. The landlord will receive either the amount owed or the balance which was paid to the public trustee from the sale of the goods, whichever is smaller.


What if the owner tries to sue the landlord for touching their belongings?
A former lessor or their agent is not liable for removing, selling or disposing of the goods unless they fail to take reasonable care.


Can the owner pursue a person who buys the goods from the landlord?The buyer of the goods acquires the right to them, and the interest of anyone else in the goods ends, unless the person acquiring the goods did not act honestly.