In Australia, Landlord and tenant issues are governed by each state’s Residential Tenancies Act (RTA).
Australian Capital Territory – Residential Tenancies ACT 1997
New South Wales – Residential Tenancies Act 2010
Northern Territory – Residential Tenancies Act 1999
Queensland – Residential Tenancies and Rooming Accommodation Act 2008
South Australia – Residential Tenancies Act 1995
Tasmania – Residential Tenancy Act 1997
Victoria – Residential Tenancies Act 1997
Western Australia – Residential Tenancies Act 1987
Bodies handling tenancy disputes
Canberra, Australian Capital Territory – Residential Tenancies Tribunal
New South Wales – Consumer, Trader & Tenancy Tribunal
Northern Territory – Consumer and Business Affairs – Northern Territory Department of Justice
Queensland – Residential Tenancies Authority administers the RTA, and a Small Claims Tribunal settles tenancy disputes.
South Australia – Residential Tenancies Tribunal
Tasmania – The Consumer Affairs and Fair Trading administers the RTA, and the Residential Tenancy Commissioner settles disputes.
Victoria – Victorian Civil and Administrative Tribunal (VCAT)
Western Australia – Department of Consumer and Employment Protection administers the RTA and a Magistrates Court for tenancy disputes.
How effective is the Australian legal system?
Eviction for non-payment of rent
Duration until completion of service of process 3
Duration of trial 35
Duration of enforcement 6
Total Days to Evict Tenant 44
The tenancy tribunals and magistrates court can order evictions. The legal system in Australia is highly efficient. It takes an average of 6 days to enforce court rulings.
Rents
Landlords and the tenants can freely agree on rent in all Australian states. Both period and fixed contracts increases or decreases in rents may be reviewed by a tribunal. Tasmania is the exception where increases in rent may be assessed by a magistrate. Tenants must make an application to get the rent increase reviewed. The tribunal will look at the range of rents charged for comparable premises in similar locations. Other considerations are the proposed rent compared to the current rent, the state of repair of the premises, the term of the tenancy, the period since the last rent increase and any other factors that the tribunal considers relevant.
In the Australian Capital Territory the rent cannot be increased more than annually . In Victoria, South Australia and in Northern Territory the property owner can only increase rent after six months. For Western Australia rents can not be increased in the first 6 months of the tenancy term and thereafter not less than 6 monthly.
New South Wales, Tasmania, South Australia, Western Australia, and Victoria require 60 days notice of any rent increase. The Australian Capital Territory requires eight weeks notice. Queensland requires a minimum of one month notice for a fixed term agreement, and at least two months notice for periodic agreements. The Northern Territory requires thirty days notice regardless of the type of tenancy agreement.