Minister warns first-time renters: know your rights and responsibilities
7 February 2009
Fair Trading Minister Virginia Judge today warned first-time renters to be sure of their rights and responsibilities before signing a lease and moving into a rental property.
Ms Judge said at this time of year many young people were leaving home or getting ready to leave home, becoming first-time renters or moving into share accommodation.
“It’s very important for young, first-time renters to understand the laws that apply,” she said.
The Office of Fair Trading received more than 1,000 residential tenancy related complaints in 2008.
“It’s much easier to avoid disputes when you know the rules that apply under the Residential Tenancy Act 1987 and where to go to for help.
“Tenants should pay their rent on time, keep receipts of payments, look after the place and let the landlord or agent know if anything needs fixing. Don’t disturb the neighbours and get the landlord’s written permission before someone else moves in.”
Ms Judge also urged landlords and real estate agents to treat new renters fairly.
“Landlords should be careful to comply with their obligations, such as ensuring the property is reasonably clean and fit to live in, doing repairs in a timely manner and giving proper notice before coming onto the premises,” she said.
Ms Judge said landlords and agents should, by law, give renters a tenancy agreement and a copy of Fair Trading’s Renting guide.
“This agreement include terms setting out what the renter and landlord must agree to do during the tenancy, as well as a condition report describing the condition of the property at the time the tenant moves in,” she said.
“It’s very important for the tenant to return the condition report to the landlord or managing agent within seven days and also keep a copy.
“The condition report is very important if a dispute arises over the condition of the premises at the end of the tenancy.”
Ms Judge urged young people moving into share accommodation to have their name added to the lease.
“Having your name on a lease grants you specific tenancy rights under the Residential Tenancies Act 1987 such as security, urgent repairs and a key for every tenant on the lease,” she said.
“The real estate agent or landlord must make sure the money you pay as a bond is deposited with the Rental Bond Board.”
Chris Martin from the Tenants’ Union of NSW recommended tenants put any correspondence they have with their landlord or real estate agent in writing, either in an email or letter.
“It’s a good idea to keep a hard copy of any communication you have with your landlord, just in case there are any questions,” Mr Martin said.
Ms Judge advised young people to look at vacant properties mid-week to avoid the Saturday rush.
“You can offer to pay a reservation fee if you find a property you like and use a renters’ agent to do the running around for you,” she said.
Ms Judge said the Consumer, Trader and Tenancy Tribunal (CTTT) provided a quick and low cost dispute resolution service for tenants and landlords.
“Application forms are available online at www.cttt.nsw.gov.au and at Fair Trading Centres,” she said.
“You can lodge your completed form online, at Fair Trading Centres, at Tribunal registries or you local court.”
Fair Trading has a range of information on renting, including an interactive website for youth called Money Stuff www.moneystuff.net.au.
A Student guide – understanding your consumer rights in PDF format (size: 435kb) and the Renting guide are both available at this website or by calling 13 32 20.
Fair Trading also produces several brochures for renters.
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