Tasmania Tenancy Agreements
In TAS there are legal requirements of what needs to be included in all tenancy agreements. If is strongly recommended to use a written agreement and landlords should provide tenants with a copy of the Rental Guide.
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?
In TAS, this standard form Residential Tenancy Agreement should be used for agreements between:
- Landlord and a tenant
- Landlord and co-tenants
- Head-tenant and sub-tenants
Note: Although the form has labels for a ‘landlord’ and ‘tenant’, these are just convenient labels—in sub-letting situations, the head-tenant should be listed as ‘landlord’ and the sub-tenant as ‘tenant’.
What is the agreement’s purpose?
The agreement has two purposes. Firstly, it allows the landlord and tenant to list the details of the tenancy, such as names of the parties, the length of the agreement, amount of the rent, and how any payments should be made.
Secondly, the agreement includes the terms and conditions of the tenancy. This includes: rent, maintenance, and rights and responsibilities of tenants and landlords.
Do I need to have an agreement in writing?
In Tasmania, a residential tenancy agreement can be written or oral. Regardless of whether the agreement is written or oral, the laws and regulations created by the Tasmanian Government apply to it.
Here is a free copy of a TAS Residential Tenancy Agreement that contains all the general terms that are required by the Tasmania Government.
The landlord must give the tenant a copy of the written residential tenancy agreement within 14 days of when the tenant signs the agreement.
The landlord should provide a copy of the Rental Guide.
It is recommended that the tenant read the agreement closely before signing, and that they keep the copy of the agreement for the term of the tenancy.
Is there a minimum or maximum length of agreement?
There is no minimum or maximum length of agreement under Tasmanian law.
If, however, you are renting a premises for less than 3 months and for a holiday, then you should not use a residential tenancy agreement.
Important things to remember in share accommodation tenancy agreements
If the tenant is renting a room in a share house, it is very important that the agreement detail which parts of the premises the tenant has exclusive possession of, and which parts the tenant has shared use of.
A common situation is for the tenant to have exclusive possession of their own bedroom and shared use of kitchen, bathroom and laundry facilities. By describing in the agreement which parts of the property the tenant does and does not have exclusive possession over, the rights and obligations of all parties are guaranteed.
Can the standard form tenancy agreement be changed?
The tenant and landlord can agree for additional terms to apply to the agreement in addition to the legal rules. These should be listed on the residential tenancy agreement.
Any additional terms cannot contradict or change the rules applying to residential tenancies in Tasmania. Additional terms also cannot exclude any of the legal rules in Tasmanian law from applying to the agreement.
Transferring money safely
When paying your deposit, bond or rent by cash make sure you get a receipt. With modern phones this can be as simple as an SMS or email confirming the amount, date and what it is for. Keep a copy of this incase you need it later.
Never ever transfer money to a bank account outside of Australia or use a untraceable money transfer system such as WESTERN UNION. If anyone asks you to do this on any website it is likely to be a scam and you are almost guaranteed to lose your money.
If this ever happens on Flatmates.com.au report the member immediately so we can investigate and take the appropriate action.
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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.