Tenants’ rights and responsibilities

The following is a broad outline of the legal rights and responsibilities of a tenant under the Residential Tenancies Act. These rights and responsibilities apply to you if you are a co-tenant, head-tenant or a sub-tenant in a share house. If you are a boarder or lodger, you are not covered by the Act and you should contact your local tenants’ advice service or community legal centre if you are having problems with your landlord (see Contact Points) or see Boarders & Lodgers Kit for more information (see Useful Resources).

Your rights as a tenant

• for the house to be reasonably clean and fit to live in
• for the premises to have reasonable security and locks
• to be given a copy of the Residential Tenancy Agreement and the condition report and the New Tenant Checklist
• to be given rent receipts if the rent is paid in person, or receipts made available to the tenant
• to apply to NCAT for assistance if the landlord has breached the agreement

Your responsibilities as a tenant

• to ask the landlord/agent for permission to sub-let the premises or part of the premises before you sub-let
• to ask the landlord/agent for permission to transfer your rights under the lease to another person before you transfer
• to give the landlord/agent a copy of the completed condition report within 7 days of receiving it
• not to alter the premises or make additions without the landlord’s/ agent’s written permission
• to leave the premises in the same condition (except for normal wear and tear) as when you first moved in
• not to alter, remove or add a lock or security device without the landlord’s permission
• not to use the premises for illegal purposes
• not to interfere with the peace, comfort or privacy of neighbours
• not to let anyone else on the premises breach the agreement