Tenant Information

Tenants obligations
It is extremely important that tenants understand their obligations in relation to a rental property. By not fulfilling their obligations it is possible that tenants may lose their bond.

A tenant must:

• Pay the rent on time.
  
• Ensure the property is used for residential purposes for the majority of the time.
   
• Keep the property up to a reasonable standard of cleanliness.
  
• Inform the landlord of any damage as soon as possible.
   
• Pay for the repair of any deliberate or careless damage caused by the tenant.
  
• Comply with all conditions in the Tenancy Agreement.
   
• At the end of the tenancy remove their belongings; leave the property in a reasonable state of cleanliness; return keys or any like devices; and leave the chattels provided by the landlord.
  
• Allow the landlord reasonable access to the property.
   
• Pay for all electricity, gas and telephone used by the tenant. The tenant may also be required to cover the cost of water depending on whether it is provided for in the Tenancy Agreement.
  

A tenant must not: 

• Damage or allow others to damage the property, whether deliberately or carelessly.
   
• Use or allow others to use the property for any unlawful activities.
  
• Interfere with the neighbours peace, or comfort.
   
• Make any alteration to the property in any way without the landlords express permission.
   
• Refuse the landlord entry when they are entitled to enter.
  
• Sublet without the express permission of the landlord.
   

Bonds
A tenancy bond is a payment of up to four weeks rent made to the landlord by tenants when they move into a property. The bond is held to cover any loses the landlord incurs if the tenant breaches any of the conditions in the Tenancy Agreement or general obligations of a tenant (see above).

The landlord will collect the bond from the tenant, but must lodge it with Tenancy Services within 23 working days, with a signed Bond Lodgement form (by both the landlord and tenant).
The bond is held by Tenancy Services until a Bond Refund form is filed (signed by both the landlord and tenant) by either the tenant or landlord.

If there is any damage to the property, at the conclusion of the agreement, and the landlord and tenant agrees as to the value of this then the bond is divided between the parties accordingly. However, if the parties are unable to agree on the value, then one of the parties can apply to the Tenancy Tribunal for mediation.

Mediation
Mediation is usually the second step of dispute resolution - the first being talking to your landlord. If the first step is unsuccessful then either the landlord or tenant can apply to the tenancy tribunal for mediation.

Mediation is where an impartial person helps the two parties come to a solution for their problem by allowing each person to explain how they see the problem, help them discuss the possible ways to solve the problem and encourage them to choose the best solution for both of them.
A mediator is not able to make a decision for the parties, they can only help and encourage the parties to come to their own agreement.

The decision is put into a Mediated order which is binding on both parties.

Occasionally, the parties in mediation can not agree upon a decision. If this is the case, then the dispute will go to a Tenancy Tribunal hearing.

Tenancy Tribunal
The tenancy tribunal is a special court set up to deal with unresolved problems between landlords and tenants which they have been unable to settle themselves.

A Tenancy Tribunal case normally only comes after mediation between the parties has been attempted and the parties have been unsuccessful at coming to a conclusion.
A tenancy adjudicator oversees the case and makes the decision, which is legally binding on both parties.

The adjudicator listens to both parties, any witnesses and evidence that either party feels is important and makes a decision based on this information and any provisions in the Residential Tenancies Act.

Repairs and Maintenance
If tenants discover damage or maintenance that needs to be undertaken then they should inform the landlord. If the damage is serious or is likely to cause harm to someone and the tenants have been unable to contact the landlord, after making every effort to do so, then the tenants may have the repairs done and ask the landlord to reimburse them for any expenses. However, if the repairs are not of an urgent nature then the tenants must inform the landlord and ask them to fix it.

If the tenants have asked a landlord to make certain non-urgent repairs and the landlord has not done so in a reasonable amount of time, then the tenants have other actions they can take, such as serving the landlord with a Ten Working Day letter asking for the work to be done. In situations such as this, it is recommended that the tenant contact Tenancy Services to ensure they follow the correct procedures.

On some occasions, the landlord may discover damage that has been caused by the tenant. In these cases, the landlord should issue the tenant with a Ten Working Day notice, which will give the tenant two weeks to fix the problem.

Insurance
The most important factor to remember when selecting insurance is to inform your insurance company that the property is a rental property.

The landlord must have insurance for the property, that is the physical buildings, section etc, against fire, storm, flood, damage from burglary etc, if they want it protected against loss. For these types of policies it is imperative that you advise the insurance company that the property is tenanted to ensure coverage.

The tenant must ensure they have personal contents insurance for their belongings to ensure they are protected against loss.

Vacating guidelines

• Oven and elements, warmer drawer, racks and trays all cleaned.
  
• Carpet shampooed by commercial cleaner as required under the terms of your agreement.
  
• All service areas to be cleaned ie. kitchen, laundry, bathroom, toilet.
  
• Windows (interior), window sills, skirting boards, any fixed shelves all to be wiped down.
  
• Net curtains should be hand washed.
  
• All rubbish to be removed from property.
   
• Recycle bin, cleaned and left at property.
  
• Lawns and gardens to be cut and free of weeds.
  
• Replace any broken glass or mirrors.
  
• Ensure all light bulbs are working.
   
• Leave all picture hooks in walls.
  
• House to be flea bombed if a pet is in residence.
   
• Walls to be cleaned - superficial hand marks etc. removed.
  
• Cob webs removed from eves and internal walls.
  
• All garage and/or security remotes to be left at property.
  
• Advise telephone and power companies of change of address.