Tasmania Tenant's Rights and Obligations during Tenancy
During the agreement, the tenant has a number of general rights and obligations. It is important for both landlords and tenants to read this section to understand their roles.
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?
What are the tenant’s rights?
Right to Quiet Enjoyment
The tenant has the right to quiet enjoyment of the rented premises without interference by the landlord. This means that the landlord must not interfere with the peace, comfort, or privacy of the tenant.
There is no set list of things that are interferences with quiet enjoyment. However, there are a number of common examples where the landlord is infringing on the rights of the tenant:
- attempting to evict a tenant when not allowed to do so
- the landlord entering the premises when not allowed to do so
- the landlord retaining or using part of the premises contrary to the tenancy agreement
- excessive noise
- failing to carry out repairs when required to do so
- interfering with the tenant’s access to the rented premises
In share accommodation where the landlord lives in the same property, respecting the tenant’s right to quiet enjoyment is particularly important. The landlord should understand that the tenant has the right to use rented premises without unreasonable or unnecessary disturbances. The best way to avoid any problems arising is for the landlord and tenant to discuss at the beginning of the tenancy how the share accommodation will work in practice. The landlord must also take reasonable steps to prevent any neighbouring tenants of the landlord from interfering with the tenant’s quiet enjoyment of the property.
In share accommodation where the landlord has multiple tenants under separate agreements in one property, it is important that the landlord ensures that the tenants do not interfere with each other’s quiet enjoyment of the premises. The best way to avoid any problems from arising is to introduce the tenants to each other and discuss how the share accommodation will work in practice.
The landlord is not responsible for neighbours of the tenant who are not also tenants of the landlord.
What are the tenant’s obligations?
Keep premises clean
The tenant must keep the premises reasonably clean during the tenancy. This generally means that the tenant should aim to keep the rented premises in the same or a better state of cleanliness than it was at the start of the tenancy.
Leave premises in same condition as at start
At the end of the tenancy, the tenant must return the premises in the same condition as at the start of the tenancy. Generally, this means that the tenant should thoroughly clean the premises before leaving and make sure it is in at least as good a condition as it was when they moved in. Use the condition report as a reference for the condition of the premises at the beginning of the tenancy.
The tenant is only allowed to keep a pet at the premises if:
- the landlord has given the tenant permission, or
- the residential tenancy agreement allows it
Keeping a pet without permission from the landlord or consent in the agreement is a breach by the tenant. This does not apply to guide dogs.
Must not use premises unlawfully
The tenant must not use the rented premises for an illegal purpose. Examples of an illegal purpose include: cultivating, storing, or hiding illegal drugs, storing or hiding stolen goods, or operating as an illegal brothel or casino.
Avoid causing a nuisance
The tenant must not cause or allow nuisance. Examples of nuisances can include excessive noise, violence, unpleasant smells, rubbish, car parking, criminal activity, harassing neighbours, or other offensive behaviour.
Liability of the tenant for other people at rented premises
Tenants will be held liable for any breach of the above obligations that are made by people who are lawfully on the rented premises. For example, the tenant will be liable for damage to the premises caused by their family members, visitors, sub-tenants / boarders, or trades persons hired by the tenant. The tenant will generally not be liable for the actions of people who are not lawfully on the premises, e.g. trespassers like burglars or people whose permission to be at the premises has been revoked by the tenant.
Back to Tasmania Rights and Obligations
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.