本帖最后由 songinator 于 2015-5-18 22:10 编辑
Rights and obligations under a boarding house tenancy
Boarding house landlords' obligationsResidential Tenancies Act 1986, ss 24, 66E, 66G, 66H-66J When the tenant moves in the landlord must ensure that the tenant's room is clean and vacant. The landlord must provide a copy of the house rules and a list of the costs of all services which are not included in the rent. The landlord must ensure that at all times:
- the boarding house is reasonably clean, secure and in reasonable repair
- the boarding house meets relevant building, health and safety requirements
- the tenant has access at all times to the tenant's room and to toilet and bathroom facilities
- the tenant has access at all reasonable hours to the other facilities in the premises
- copies of the house rules and fire evacuation procedures are on display
- they take all reasonable steps to ensure that the house rules are observed, and are enforced in a fair and consistent manner
- they give at least 28 days' written notice of any rent increase
- they avoid interference with the tenant's reasonable peace, privacy and comfort
- they do not unnecessarily interrupt the supply of electricity, water, and gas
- they pay all the shared bills
- they notify tenants immediately if the house is being sold or the locks are being changed.
Boarding house tenants' obligationsResidential Tenancies Act 1986, ss 66E-66G, 66K-66M, 66T Some of the tenant's obligations are to:
- pay the rent on time
- keep the bedroom reasonably clean and tidy
- not use the boarding house for an unlawful purpose
- promptly notify the landlord of any damage or any need for repairs
- follow the house rules
- not attach any fixtures or make any alteration to the boarding house without the landlord's written permission
- not keep a pet without the landlord's permission
- not transfer (“assign”) the tenancy to anyone else
- pay for damage that they or their visitors cause
- pay for any damage to their room, unless they share the room or the can prove they did not cause the damage
- not disturb other people
- pay the bills for the room, if the expenses are metered separately
- let the landlord into the room if the landlord has a right to enter
- remove all their property at the end of the tenancy and leave the boarding room in a reasonably clean and tidy condition.
When can a landlord enter the boarding house?Residential Tenancies Act 1986, s 66Q Landlords may enter the common areas of boarding houses at any time, as long as they do not interfere with the tenants' reasonable peace, comfort, or privacy. However, a landlord may only enter a tenant's room in limited circumstances. Residential Tenancies Act 1986, ss 66R-66S The landlord can enter the tenant's room without notice if:
- the tenant freely agrees
- the landlord has a good reason to believe that they need to enter immediately because of a serious risk to life or property
- the landlord has to enter the room to provide services that the tenancy agreement says they will provide
- the Tenancy Tribunal has ordered that the landlord may enter the room.
The landlord can enter the room between 8am and 6pm if they give the tenant 24 hours' notice and: - the landlord wants to inspect the room, and they have not inspected in the last four weeks
- the landlord wants to show the room to a prospective tenant, prospective buyer, prospective lender, registered valuer, real estate agent or expert assessor
- the landlord has a good reason to believe that the tenant has failed to comply with their obligations
- the landlord has to enter to fulfil their landlord obligations
- the landlord wants to confirm whether or not the tenant has abandoned the tenancy
- the landlord wants to check work that the tenant is meant to have done on the room.
Note:Notice can be spoken or can be in writing. The tenant must be told what people will enter, at about what time on what day, and why they are entering. If the notice is in writing, it must be given to the tenant in person or put on the tenant’s door or inside the tenant’s room (for example by sliding it under the door). The landlord must enter the room in a reasonable manner (they should knock and wait). They must stay in the room only as long as they need to for the purpose, and they must not unnecessarily interfere with tenants’ property.
House rulesResidential Tenancies Act 1986, ss 66O, 66P The landlord may make house rules about the boarding house and the services there. Landlords may change the rules at any time, as long as they give the tenant seven days' written notice of the change. A tenant may apply to the Tenancy Tribunal for an order that a house rule is unlawful, if the house rule:
- is discriminatory
- is inconsistent with the Privacy Act
- is inconsistent with the Residential Tenancies Act
- is illegal in any other way.
A tenant can complain to the Tenancy Tribunal even if the tenant knew about the rule when they agreed to move in to the boarding house. [url=]TOP OF PAGE ^[/url]
Ending a boarding house tenancy
How much notice does a boarding house tenant have to give?Residential Tenancies Act 1986, s 66V A boarding house tenant may end the tenancy by giving 48 hours' notice. The notice does not have to be in writing and does not have to include any reasons.
Note:If there is an end date written in a boarding house tenancy agreement, some landlords will argue that the tenant must stay until that end date. The law is not absolutely clear, so consider seeking more advice from 0800 TENANCY or from a Community Law Centre.
How much notice does a boarding house landlord have to give?Residential Tenancies Act 1986, ss 66U, 66X Without giving reasons, a landlord may terminate a boarding house tenancy on 28 days' notice. A landlord may terminate a boarding house tenancy on 48 hours' notice if:
- the tenant owes rent and has been given at least 10 days' written notice to pay
- the tenant is using the premises for an illegal purpose
- the rent is overdue and the landlord believes that the tenant has abandoned the room and the landlord has followed the process the Residential Tenancies Act sets out for abandoned boarding rooms.
A landlord may terminate a boarding house tenancy immediately, if the tenant has: - caused or threatened serious damages to the premises
- endangered, or threatened to endanger, people or property
- caused or threatened serious disruption to other tenants.
If the tenant disagrees with the landlord's reasons for terminating the tenancy immediately or on 48 hours' notice, the tenant can complain to the Tenancy Tribunal. What has to be in the landlord's notice?Residential Tenancies Act 1986, s 66U The notice of termination must be in writing and must say: - the date of the notice
- the date the tenancy ends
- the reason for the notice (unless 28 days' notice is given)
- the tenant's name
- the name, number and contact address of the landlord or the landlord's agent.
Residential Tenancies Act 1986, ss 54, 66U Note:If a tenant believes they have been given notice in retaliation for asserting their rights, the tenant has 14 days to apply to the Tenancy Tribunal to have the notice cancelled.
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发表于 2015-5-18 22:46:11
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