Compensation & Lease Breaches in Tasmania

As a renter in Tasmania, understanding your rights concerning compensation and lease breaches is crucial for dealing with potential tenancy issues. Whether it's unforeseen rent increases, inadequate repairs, or a sudden eviction, knowing how to address these challenges effectively can save you both time and stress.

Common Lease Breaches by Landlords

Landlord breaches can significantly impact your renting experience, and knowing what constitutes a breach is your first step towards seeking compensation.

• Failure to maintain the property: Your landlord is obligated to provide a safe and habitable environment. If repairs or maintenance are not addressed, it may constitute a breach.
• Unlawful entry: Landlords in Tasmania must provide the appropriate notice before entering the property, except in emergencies. Breaching this is a violation of your privacy.
• Unjust eviction: If you believe you have been evicted without legitimate grounds, this may also be a breach.

Steps to Take When a Breach Occurs

If you suspect a lease breach, these steps can guide you:

1. Document Everything: Keep a record of all communications with your landlord, including emails, text messages, and any official notices.
2. Review the Lease Agreement: Understand the specific terms and conditions stipulated in your lease to identify clear violations.
3. Send a Formal Notice: Draft a written notice to your landlord, clearly stating the breach and requesting a remedy within a reasonable time.
4. Seek Mediation: Engage in mediation through the Consumer, Building and Occupational Services (CBOS) to resolve disputes amicably.
5. Apply for Tribunal Intervention: If unresolved, apply to the Residential Tenancy Commissioner or the Magistrates Court for a ruling.

Compensation for Lease Breaches

If a breach has led to financial loss, you may be eligible for compensation. This can include:

• Property Damage: If neglect by the landlord results in damage to your personal property.
• Increased Living Costs: Expenses incurred due to a lack of essential services or needed repairs.
• Eviction Costs: If improperly evicted, you can seek the costs associated with moving.

Filing a Compensation Claim

To file a claim, use the Tenancy Rights Application Form available from the CBOS website. Complete the form with detailed information about your claim and compile any supporting documents.

Need Help? Resources for Renters

• Consumer, Building and Occupational Services: Your primary resource for tenancy laws and landlord-tenant mediation in Tasmania.
• Legal Aid Tasmania: Offers free legal advice and assistance to eligible individuals.
• Tenants' Union of Tasmania: Provides advocacy and support to tenants.

---

1. What should I do if my landlord breaches the lease? Document the breach, review your lease, notify the landlord in writing, and seek mediation or tribunal intervention if necessary.
2. Am I entitled to compensation for a lease breach? Yes, if the breach has caused you a financial loss or inconvenience, you may file a claim for compensation through the appropriate channels.
3. How long does the compensation process take? The timeframe can vary based on the complexity of the case and responsiveness of the involved parties. Mediation and tribunal processes can be lengthy.

1. How to file for compensation in Tasmania
   1. Step 1: Gather evidence - Collect documentation related to the breach, such as photographs, receipts, and communication records.
   2. Step 2: Fill out the Tenancy Rights Application Form - Download and complete the form from the CBOS website. Ensure all details are accurate and substantiated with evidence.
   3. Step 3: Submit the form - Send the completed form and supporting documents to the CBOS for processing.
   4. Step 4: Await response - Follow up with CBOS if required, and be prepared for possible mediation or tribunal involvement.

Key Takeaways

• Understand your rights and responsibilities under the Residential Tenancy Act 1997.
• Document all communications and incidents to support your claims.
• Seek help from legal resources and tenant advocacy groups when needed.

Categories

General Tenant Rights & Protections Tenancy Agreements & Renewals Rent, Bond & Holding Deposits Moving In & Condition Reports Ending a Tenancy & Moving Out Repairs, Maintenance & Urgent Issues Minimum Standards & Habitability Evictions & Breach Notices Co-Tenancies, Subletting & Shared Housing Discrimination & Equal Housing Access Disability Access & Reasonable Adjustments Utilities, Water & Internet Billing Public, Community & Social Housing Rent Increases & Rent Controls Privacy & Landlord Entry Rules Locks, Keys & Security Obligations Resolving Disputes & Tribunal Processes Harassment, Threats & Landlord Misconduct Boarding Houses, Rooming Houses & Lodgers Caravan Parks & Residential Parks Bond Refunds & Claims Notice Periods & Tenancy Termination Entry Condition Breaches & Compensation Tenant Advocacy & Legal Aid