Before choosing a particular property to rent, it is important to take a number of things into consideration:

• Is the house/flat close to public transport, friends, shops, work, school?
• Is it noisy - is it on a flight path or near a busy road? Can you put up with the noise?
• What's the parking like?
• Is there good security - are there locks on the windows and doors?
• Does the place need repairs - if so will the landlord carry out any necessary repairs before you move in? Do you have this in writing?
• What is the weekly rent? How often do you have to pay? You normally have to pay two weeks in advance, but if your rent is over $300 per week you may have to pay a month in advance.
• How is the rent paid? Does the landlord collect? Do you pay at the agent's office?

Once you've made your decision and your application to rent the property has been accepted, the law says that landlords or their agents (usually a Real Estate Agent) must offer a tenant a written tenancy agreement (or lease) before the tenant moves in or the tenancy starts. The lease sets out the rights and obligations of all parties and a tenant should always insist on being given a copy of the lease once all parties have signed it.

The tenancy agreement must be provided by the landlord. Agreements can be purchased from most newsagencies and stationery stores. They are not available from the Office of Fair Trading.

In the event that a tenant is occupying a property without a written lease (in which case the landlord or agent has broken the law), the law protects the tenant in the same manner as if a written lease did exist.

Documents you must be given

Before a tenant enters into a tenancy agreement (lease) or moves in to a residential property they must be given the following documents by the landlord or the landlord's agent:

• a copy of the proposed tenancy agreement (filled out by the landlord or agent where appropriate in the spaces provided) which comes in two parts:
  • the terms of the agreement
  • a report on the condition of the property (called the condition report)
• a written statement of the costs payable by the tenant on signing the agreement
• a copy of the Renting guide.

The tenant must be given time to read and understand the terms of the tenancy agreement before being asked to sign it.