This guide covers landlords (or head-tenants) and tenants (or sub-tenants) in a Residential Tenancy. This applies to the majority of share accommodation and residential property rental situations. To confirm it covers your situation visit What is my share accommodation situation?
Obligation to ensure no legal impediment to occupation
The landlord must ensure that the tenant is legally allowed to occupy the rented premises as a residence. Legal impediments to using a rented premises as a residence commonly include environmental planning restrictions, health and safety regulations, or government orders. This means that the landlord should make enquiries before renting a premises to determine whether it can be used as a residence.
Provide and maintain smoke alarms
The landlord must provide and maintain the correct smoke alarms in the rented premises. For specific information about the requirements for smoke alarms, read page 5 of the Rental Guide.
Notify tenant of name and address
The landlord must notify the tenant of their full name and residential or business address when entering an agreement. The landlord can alternatively provide the full name and address or their agent, if applicable.
If any details change, the landlord must notify the tenant as soon as possible.
Must not display photos of objects identifying a person
The landlord must not publicly display any photo or video that may identify the tenant or any other person. The landlord should be especially careful not to show any pictures of the tenant that may be displayed.
This obligation mainly applies if the landlord is advertising the property for sale.
These legal guides provide a brief summary and introduction of the laws and regulations affecting share accommodation. They do not cover all cases in all legal jurisdictions and might not apply in your specific share accommodation situation. It is important that you use this information as a guide only and seek independent Legal Advice or consult the Relevant Acts. We do not accept any liability that may arise from the use of this information.