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Level 9, 365 Queen St
Melbourne, Vic 3000
Australia
Southbank Central
Inspect at
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Melway: 1D M6
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News & Editorials
Every week Central Equity writes a number
of news editorials which appear in Melbourne newspapers. This weeks article is posted below.
Click here
to access our archive of news editorials
4/11/00
LANDLORDS
AND TENANTS RIGHTS AND RESPONSIBILITIES
In
1980 THE RESIDENTIAL TENANCIES ACT was introduced to simplify the
position between landlords and tenants and it has regularly been updated
over the last 20 years to keep it abreast of the change of times.
The act also established the residential tenancies tribunal to hear
the disputes and interpret the law.
In simple terms the act was specifically introduced to define the
rights of landlords and tenants and to provide a quick and inexpensive
way to resolve any disputes which may have occurred.
Residential leases are usually for 12 months and set out the terms
and conditions of the tenancy including the rent for the period of
the lease which is usually paid monthly in advance.
Set out below are a number of typical questions which are often asked
by landlords and tenants, together with an explanation for each.
(1) THE LEASE HAS RUN OUT AND I WANT TO INCREASE THE RENT.
The rent can be increased at the end of the lease by mutual agreement.
However, if the tenant believes that the rent asked by the landlord
is excessive, he can make application to the Residential Tenancies
Tribunal to adjudicate the matter. The Tribunal will listen to both
sides and assess what is believes to be a fair market rental.
In all cases, the landlord or agent has to give the tenant at least
90 days written notice of any rent increase.
(2) THE TENANT IS ALWAYS LATE WITH THE RENT, WHAT CAN I DO ABOUT
THIS?
The landlord may serve a notice of "Notice to Vacate" or "Breach of
Lease" after 15 days and apply to the Victorian Civil and Administrative
Tribunal for a hearing of the matter and if necessary arrange to have
the tenant removed from the property.
(3) THE TENANT WILL NOT PAY HIS RENT, WHAT CAN I DO ABOUT IT?
When the rent is 14 clear days in arrears a "Notice to Quit" is served
and an application to The Residential Tenancies Tribunal for a hearing
and a "Warrant of Possession" to remove the tenant from the property.
(4) I WANT TO SEE MY UNIT, CAN I INSPECT IT?
The tenant is entitled to quiet enjoyment of his rental property and
therefore must be given a minimum of 24 hours notice of any intention
to inspect the property. The landlord is entitled to inspect once
every six months.
(5) FROM THE OUTSIDE THE UNIT IS NOT BEING LOOKED AFTER, WHAT CAN
I DO?
The exterior of the unit including gardens and facilities is the responsibility
of the body corporate to maintain. If there are any private gardens
or patios, the tenant must maintain these under the lease.
The managing agent should therefore write to the tenant about the
maintenance situation and if there is no response a 14 Day Notice
of Breach of Lease can be issued. Following that the managing agent
can carry out the work and charge the tenant accordingly.
(6) I WANT TO ASK THE TENANT TO LEAVE, HOW DO I DO THAT?
The tenant cannot be forced to leave the premises if his lease has
not expired. At the expiration of the lease the landlord can give
the tenant 60 days notice to vacate the premises, for the following
reasons.
(A) if the landlord or a member of the landlord's immediate family
wishes to move in;
(b) if the property is to be offered for sale; or
(c) if the landlord is undertaking major renovations or repairs.
(d) or a 90 day "Notice to Vacate" for no reason
(7) THE UNIT NEEDS MAINTENANCE, WHAT IS THE LANDLORD'S RESPONSIBILITY?
Any maintenance or repairs to the property is the responsibility of
the landlord unless it is deliberate damage caused by the tenant.
(8) THERE WAS AN EMERGENCY IN THE MIDDLE OF THE NIGHT, THE TENANT
CALLED A PLUMBER, DO I PAY?
It is the landlord's responsibility to pay for repairs to his property
and the tenant may, in cases of emergency, have the repairs carried
out and the landlord billed. However, the costs must be reasonable
and the repairs of an urgent nature, not something deliberately caused
by the tenant.
(9) WHAT COSTS DO I PAY AND WHAT COSTS DOES THE TENANT PAY?
The landlord pays for Water Rates and Council Rates Body Corporate
Fees Maintenance
The tenant pays for Electricity, Telephone and Gas Water Consumption
(if separately metered)
Central Equity's wholly owned subsidiary, Melbourne Inner City management
provides a full leasing and management service to all Central Equity
clients. For further information, please call Melbourne Inner City
Management, Monday to Saturday during business hours on 9670 0222.
DISCLAIMER: EDDIE KUTNER IS A DIRECTOR OF CENTRAL EQUITY.
CENTRAL EQUITY AND ITS SUBSIDIARIES (INCLUDING MELBOURNE INNER MANAGEMENT)
ARE IN THE BUSINESS OF BUILDING AND SELLING RESIDENTIAL ACCOMMODATION,
INCLUDING APARTMENTS, IN MELBOURNE. READERS SHOULD OBTAIN THEIR OWN
INDEPENDENT FINANCIAL AND LEGAL ADVICE.
Click
here
for the archive of Central Equity editorials
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28/10/00
13/10/00
13/10/00
6/10/00
7/07/00
23/06/00
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