Tasmania Draft Lease Agreement

In Tasmania lease agreements are governed by and subject to the Residential Tenancies Act 1997 and Residential Tenancies Regulations 1998. The Act regulates the rights and responsibilities of tenants and landlords in Tasmania and came into effect on the 1st of July 1997. The Act applies to any draft lease agreement entered into, renewed, extended, assigned or otherwise transferred after 1st July 1997 with some exemptions, these include :

• Some boarding premises if the agreement was entered into before the commencement of the Residential Tenancies Amendment (Boarding Premises) Act 2003.
• those living in hotels and motels that are not considered boarding premises.
• educational institutions like a school or a college
• holiday homes and
• aged care facilities including hospitals and nursing homes.

For a list of other exclusions one should consult sect 6 of the Residential Tenancies Act 1997

The Act does cover permanent residents of caravan parks and park home residents Where a caravan or cabin is rented out as a person’s principal place of residence,

Before the tenant moves into the rented premises or enters into any lease agreement the agent or landlord is required provide the tenant with a copy of an information booklet if the agreement is Verbal or partly verbal. The booklet “Renting In Tasmania” explains the rights and responsibilities of the tenant and those of the landlord. It is freely available free from the Tasmanian Office of Consumer Affairs and Fair Trading.

The Lease Agreement
Lease agreements between a property owner and a tenant may be in writing or it may be a verbal agreement, however it is strongly recommended the agreement be in writing. Whether stated or not in the agreement, the provisions of the Residential Tenancy Act form part of the agreement.

Llease agreements are binding contracts between the landlord and the tenant. The lease agreement is best made up in two parts. The first part defines the rights and obligations of the parties as prescribed under the act and the second part is the property condition report. The tenant must be given time to read and understand the terms of the tenancy agreement before being asked to sign it.

Condition Report
Unlike most other states condition reports are only required under the Act if the landlord requires a security deposit. At the beginning of the tenancy the landlord fills out and signs 3 copies of the condition report and gives two copies to the tenant. The tenant indicates agreement or disagreement with the condition suggested by the landlord or landlord’s agent by placing a tick or a comment in the correct space. If either party believe the report does not represent the true condition of the premises, this is the time to say so. The tenant must return one signed copy of the completed condition report to the landlord or landlord’s agent within (2) days and keeps the second copy.

Security Deposit
If the Landlord requires the tenant pay a Security deposit, the maximum deposit payable cannot be more than 4 weeks rent. Often the landlord may use different terminology like a key bond or a rental bond, whatever the case they cannot charge more than 4 weeks rent in total bonds.

Rent in Advance
The tenant will usually be required to pay 1 payment period rent in advance from the first day of the tenancy. Under the Act a tenant cannot be required to pay any more than 1 payment period rent in advance and penalties apply.

Terminating a Lease Agreement in Tasmania
Agreement of no fixed term.
If the agreement does not have an end date it is an agreement of no fixed term. The tenant may provide a ‘notice to terminate’ giving the owner at least 14 days notice that they wish to end the no fixed term agreement.

Fixed term agreements.
Unless the landlord has breached the terms of the fixed term agreement the tenant is committed to honour their obligations for the duration of the term. Once the fixed term tenancy has ended Tenants are not required to give notice if they intend to leave the premises. The Landlord however may give at least 28 Days notice before the expiry of a fixed term agreement and at least 28 days notice if the agreement is for no fixed term.

If the tenant breaks the tenancy agreement early the Landlord may claim compensation for any loss suffered, including maintenance expenses on the property until the landlord finds a new tenant or the original tenancy period expires. Of course a fixed term agreement may also be ended if the parties agreed in writing.

draft lease agreement kits for Tasmania are available as a downloadable MS word document. Unlike a hardcopy agreements the MS word documents can be used time and again and it also allows a certain amount of flexibility to edit as you see fit

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For more information consult the Residential Tenancies Act 1997 or contact The Office of Consumer Affairs and Fair Trading

Here are some forms available. just click for free download.

Renting In Tasmania Guide

Residential Tenancy Act 1997

Bond Lodgement Form

Bond Claim Form

Tenant Transfer Form

Property Owner/Agent Transfer Form

Applicaton for Determination of Security Deposit Dispute

Disputes over the return of a security deposit are dealt with by the Residential Tenancy Commissioner

Tasmania draft lease agreement Available for Immediate Download