Page 5553 - Week 14 - Thursday, 30 November 2017
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(11) The RT Act does not place any limitations on providers offering unlimited or indefinite long-term leases.
(12) There is no requirement to register or lodge residential tenancy agreements in a central location. Therefore, this information is not readily available, particularly as a private residential tenancy of this nature would not necessarily come to the attention of anyone other than the parties.
(13) The RT Act generally does not provide additional rights for tenants in longer term leases. The only section of the RT Act that distinguishes between the lengths of fixed term agreements is the new optional ‘break lease’ clause (RT Act, s8(1)). This clause is not part of the Standard Terms. It is an additional clause that the parties may include in the residential tenancy agreement if they wish.
The ‘break lease’ clause allows a tenant to end a fixed term agreement early for a fee. If the fixed term of the residential tenancy agreement is three years or less, if less than half of the fixed term has expired, the break lease fee is 6 weeks rent. In any other case, the break lease fee is 4 weeks rent. If the fixed term is more than 3 years, the break lease fee is the amount agreed between the lessor and tenant.
(14) This information is not readily available.
(15) No, however a tenant may apply to ACAT for a review of an excessive increase in rent (Standard Terms clause 39(1), Act, part 5). The lessor cannot accept a second bond where there are successive residential tenancy agreements and one or more of the tenants under the first agreement continue to occupy the premises under a second successive residential tenancy agreement (Act, s22).
(16) Rent cannot be increased during a fixed term unless the amount of the increase, or a method for working it out, is set out in the residential tenancy agreement (s64A). A tenant may apply to the ACAT for a review of an excessive increase in rent (Standard Terms clause 39(1), Act, part 5).
(17) No, however a tenant may apply to ACAT for a review of an excessive increase in rent (Standard Terms clause 39(1), Act, part 5).
(18) The Act does not have a formal complaints mechanism, however the lessor or tenant may apply to the ACAT. Information is not readily available on disputes of this nature made and or lodged with the ACAT.
(19) The lessor is required under the Standard Terms to provide premises in a reasonable state at the start of the tenancy (Standard Terms clause 54(1)). The premises must be fit for habitation, reasonably clean, in a reasonable state of repair and reasonably secure.
The lessor is required to maintain the premises in a reasonable state of repair, and the tenant must notify the lessor of any need for repairs (Standard Terms clause 55).
If the premises are not fit for habitation, the lessor or the tenant may terminate the tenancy (Standard Terms, clause 86). The rent abates from the date that the premises are uninhabitable (Standard Terms, clause 87(1)). The lessor must give no less than one week’s notice of termination of the tenancy, and the tenant may give two days notice of termination of the tenancy (Standard Terms, clause 87(1) and (2)).
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