Information for New Tenants
This information has been designed to help prospective and current tenants understand their rights and obligations as a tenant under a Residential Tenancy Agreement.
Residential tenancies laws in Queensland is governed by the Residential Tenancies Act and the Residential Tenancy Regulations. These documents are available to download, along with many useful items at www.rta.qld.gov.au
As the real estate agents entrusted with the management of the landlord's property, it is essential that we check a prospective tenant's credentials before the property is let. Prospective tenants will be required to provide references, information about themselves, their employment/income and rental history by way of completing our Application for Residential Tenancy form. An application form can be obtained from our office or can be downloaded here, to view and print.
A Residential Tenancy Agreement allows a tenant to take 'possession' of a property for a limited period of time on certain conditions, including the payment of rent.
All our tenancy agreements in writing and are legal and enforceable under QLD law and legislation.
There are two types of residential tenancy agreements:
- A periodic tenancy - an agreement (written, verbal or implied) for an indefinite period until it is lawfully terminated by either party or by the Residential Tenancies Tribunal.
- A fixed term tenancy - a specific time agreed upon at the beginning of the tenancy (eg., six or twelve months).
The landlord's and tenant's rights and obligations under both types of tenancy are exactly the same. There are differences, however, in conditions of termination.
A Residential Tenancy Agreement is a legally binding contract whereby both parties agree to abide by the conditions of the agreement. Make sure that you read any written agreement in full and are familiar with all of the conditions included in it. When you sign the Residential Tenancy Agreement you will receive a copy so that you have a record of each party's rights and responsibilities. You will also receive a checklist setting out the condition of the property at the beginning of the tenancy.
At the beginning of the tenancy two copies of this commencement of tenancy property condition checklist are provided to the tenant. The purpose of the inspection sheet is to record the condition of the premises and the contents at the commencement of the tenancy. The tenant should check, detail any variations, then sign and return the inspection sheet to our office within fourteen days.
A rental bond is money paid by or for the tenant, and is held by the RTA for the protection of the lessor in case the tenant breaches the tenancy agreement.
The RTA holds the bond in trust while the tenant lives in the place, and will pay it back when the tenant moves out (provided there is no disagreement).
It is not compulsory for the lessor/agent to take a rental bond, but when one is paid it must be lodged with the RTA within 10 days of receipt by the lessor/agent, together with a completed Bond Lodgement (Form 2).
By law, no more than four week's rent (two weeks' rent for moveable dwellings) can be charged as a rental bond, if the weekly rent is $500 or less. There is no limit if the weekly rent exceeds $500.
Where rent is subsidised by an employer, the maximum bond is the greater of $400 or the equivalent of two weeks' (moveable dwellings) or four weeks' rent (general dwellings).
Lessors/agents cannot charge a rental bond fee to cover the costs of complying with the Residential Tenancies Act 1994.
The RTA will send both the tenant and the lessor/agent a notice (called an Official Receipt) when they have received the bond.
The Official Receipt contains the rental bond number. This number must be quoted when any enquiries about the bond are being made.
Rental bonds can be lodged by either posting a cheque and Bond Lodgement (Form 2) to the RTA or by taking the money and the Form 2, to any approved Australia Post Office in Queensland.
Rental is payable in advance. Your tenancy agreement will provided for payment on either a calendar monthly, fortnightly or weekly basis.
Our tenants are able to pay rental instalmentsby direct debit, internet banking, Bpay, Rent Pay, cheque via post or at any branch of Westpac Banking Corporation.
Your rental account must be maintained in advance at all times. If your account falls more than 14 days into arrears, we may have no alternative but to take action to terminate your tenancy.
If, for any reason, you are not able to make your rental instalment on or before the due date, you should contact our office immediately.
Every rental property under our management is inspected internally on a regular three monthly basis during the tenancy. Tenants are given a minimum of seven days written notice prior to a routine inspection. When conducting your routine inspections, some of the items we assess include:
- The manner in which you maintain any lawns and garden areas.
- The general appearance and tidiness of the interior and exterior of the property.
- The cleanliness of the oven and griller, bathrooms, toilets, carpets/floors coverings, light fittings, bench tops and surfaces, exhaust fans, mirrors, curtains, windows and flyscreens etc.
At the commencement of your tenancy, you should arrange to have the electricity, gas and telephone connected and transferred to your name.
Upon vacating the property it is the responsibility of the vacating tenant to arrange final meter readings and disconnection of the above services as well as an Australia Post re-direction of mail to their new address.
The following telephone numbers are listed for your convenience:
- AGL (Electricity) : 13 12 45
- Origin Energy (Gas) : 13 24 61
- Telstra (Telephone) : 13 22 00
The landlord is obliged to pay council rates and land tax charges. Charges for water supply are paid as agreed between the landlord and tenant.
It is the tenant’s responsibility not to intentionally damage the property and to keep it clean and tidy. Any damage or routine repairs should be reported to our office during normal business hours.
Repairs and maintenance due to fair wear and tear is the landlord's responsibility. If the fault is due to negligence on the tenants’ part, the tenant will be held responsible for the repair costs.
Our company will not accept responsibility for the payment of accounts for any repairs undertaken without our prior approval.
Only genuine after hours emergencies such as a burst water pipe, electrical breakdown etc. should be directed to our after hours service. The tenant may be held liable for the cost of after hours service fees, should the nature of an after hours attendance be regarded as non-urgent.
Tenants must not fix posters or additional picture hooks to the walls, make any renovations, alterations or additions to the premises without first obtaining written consent from our office.
The Residential Tenancy Agreement expressly forbids you keeping any animals (including reptiles, mammals, birds, poultry or fish) on the property without the landlord's consent. If you have a pet, advise the agent prior to commencement of tenancy and do not attempt to conceal the fact as this could create a problem for all parties.
The Regulations under the Strata Titles Act or the Community Titles Act will apply to any tenant who occupies a unit in a Strata Title or Community Title Scheme, as the case may be. These Regulations control the use of car parking facilities and the common property. The Residential Tenancy Agreement contains the specific rules or regulations affecting the use of the units.
The changing of locks or other security devices are alterations, which must not be conducted without the written consent of the landlord. It's always a good idea to ensure that you have a spare key in the event that you are locked out.
At the expiration of your tenancy, all keys must be returned to our office. If the keys are not returned, the tenant may be liable for the cost of changing the locks.
If you rent a property that includes gardens and lawns, you are required to keep them tidy and free from rubbish. This includes regularly watering and mowing of the lawns and the trimming of lawn edges, the regular weeding of garden beds and generally keeping the garden in order. No household rubbish (such as empty bottles, cardboard cartons etc.) or garden debris should be allowed to accumulate around the property.
The tenant is responsible to leave the property (including carpets) in a reasonable condition at the end of the tenancy.
If a tenant vacates a property prior to the expiry of their "fixed term" tenancy, the outgoing tenant has a legal obligation to continue rental payments until the expiration of that agreement or until a suitable new tenant can be found to take over the balance of the unexpired term.
The outgoing tenant will be responsible for portion of the re-letting costs incurred by the landlord. Generally, this includes loss of rental, a portion of the agents letting fees, advertising expenses etc. as per a Residential Tenancies Tribunal formula.
Tenants occupying a property on a periodic tenancy basis, may give notice in writing to the landlord (or the landlord’s agent) with the appropriate notice.
In preparing to leave make sure that the property will be left clean and tidy. Carpets/floors coverings, walls, woodwork, light fittings, bench tops and surfaces, exhaust fans, mirrors, curtains, windows and flyscreens should be cleaned. Pay particular attention to the stove, oven and griller in the kitchen. Special attention should also be paid to cleaning the bathroom, laundry and toilets when preparing to vacate. All appliances and fittings should be left in good working order for the next occupant. Also ensure that any lawns are freshly mowed, garden beds are weeded and all of your belongings and any household rubbish (such as empty bottles, cardboard cartons etc.) or garden debris is removed from the property prior to the final inspection.
Only the persons notified to the landlord prior to the commencement of the tenancy may permanently reside at the property. You must obtain written approval from our office prior to any change in the occupants of the property. The landlord may not unreasonably withhold consent to you sub-letting the property or assigning your interest in the tenancy. However, the landlord may charge for their reasonable expenses in providing approval to sub-let the property or assigning an interest.
To ‘sub-let’ means that a tenant rents out all or part of the premises to someone else, and in effect becomes the landlord to that subtenant. To ‘assign’ means to transfer a tenancy to someone else.
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