What needs to be in a tenant’s agreement?

Depending on the state of Australia in which the agreement is to form, there are various requirements for a valid lease. In New South Wales, for example, there are the requirements under section 55A which of the Real Property Act 1900 (NSW) which allow a lease to be registered in NSW under the torrens title system.

What are your rights under a tenant’s agreement?

If you are a tenant, the law differs slightly between states of Australia regarding exactly what your rights are in relation to a tenants agreement, or lease. However, in almost every jurisdiction a tenant has the right to quiet enjoyment of the property, the right to notice before being asked to move out or the right to notice before an inspection of the property by the landlord. The landlord in almost every jurisdiction is also responsible for the maintennace and repair of the property, however the tenant must not damage the property and must pay for any damage that they cause to the property. Also, there is the distinction between a fixture and a fitting. When a property is improved by a tenant by placing fittings on the property, they can take this property at the end of the tenancy. However, if the property was a fixture which is permanently a feature of the property, this will remain part of the property and belongs to the landlord. These are examples of some of the distinctions which are drawn by the law of property and the standard landlord tenant agreements which are used in almost every jurisdiction in Australia.

If you have a query about landlord tenant law or if you would like more information about the system of landlord tenant rights in Australia and in the various jurisdictions of Australia, we have specialist property lawyers available who can assist you with your query and if necessary provide a fuller explanation of the legal process involved in litigating a landlord tenant matter.