Guide to Tenancy Agreements in Tasmania

Renting in Tasmania comes with its own set of rules and regulations. To ensure you're on the right side of the law, understanding your tenancy agreement and the renewal process is crucial. Here, we'll guide you through the essentials of tenancy agreements and renewals in Tasmania, focusing on your rights and responsibilities as a renter.

Understanding Tenancy Agreements in Tasmania

A tenancy agreement is a contract between you and your landlord. It outlines the terms of your rental, including rent amount, duration, and any specific conditions of your tenancy. In Tasmania, these agreements must comply with the Residential Tenancy Act 1997¹.

Key Elements of a Tenancy Agreement

Your agreement should include:

• Names and contact details of both tenant and landlord
• Address of the rental property
• Length of the tenancy
• Rent amount and payment details
• Conditions for terminating the agreement

Before signing, ensure you understand all the terms and that they align with the Residential Tenancy Act 1997.

Renewing Your Tenancy Agreement

Renewal of a tenancy agreement is not automatic. It's essential to communicate with your landlord before the lease expires. Here's what you need to know:

The Renewal Process

If you're happy with your current living arrangements and the landlord agrees, you can renew your tenancy agreement. Discuss and agree on the terms for renewal, including any changes in rent or conditions.

Tip: Contact your landlord at least three months before your lease ends to discuss renewal options.

Dispute Resolution

If disputes arise, the Residential Tenancy Commissioner in Tasmania is the primary body for handling disputes between tenants and landlords. Consider mediation as a first step.

Common Issues and Resolutions

Disputes may include disagreements over damages or eviction notices. In such cases, document everything and communicate openly with your landlord. If unresolved, apply for a hearing with the Residential Tenancy Commissioner.

Forms You May Need

During your tenancy, you may need to use various forms:

• Notice to Vacate Form - Used when you wish to end the tenancy. Download from the Consumer, Building and Occupational Services website².
• Dispute Resolution Request Form - Required if seeking assistance from the Residential Tenancy Commissioner.

1. What should I do if my landlord doesn’t renew my lease? If your landlord decides not to renew your lease, they must provide notice. Use this time to find new accommodation and contact the Residential Tenancy Commissioner if you have concerns.
2. Can my rent be increased upon renewal? Yes, but only in accordance with Tasmanian law. Your landlord must provide at least 60 days' written notice.
3. Can I negotiate terms during renewal? Absolutely. Discuss any changes during the renewal phase, including rent adjustments or maintenance requests.

1. How to renew a tenancy agreement in Tasmania
   1. Review current lease agreement - Check existing terms and identify any changes you wish to discuss.
   2. Negotiate with your landlord - Initiate discussions for renewal, including any changes in terms.
   3. Document new agreement - Ensure any renewal or amendments are documented and signed by both parties.
2. How to address a rent increase
   1. Receive written notice - Your landlord must provide at least 60 days' notice of a rent increase.
   2. Assess the increase - Determine if the proposed rent is fair and compliant with local laws.
   3. Negotiate - If needed, negotiate with your landlord before accepting the increase.
3. How to file a complaint with the Residential Tenancy Commissioner
   1. Gather evidence - Collect any relevant documents and correspondence.
   2. Complete the dispute resolution form - Available on the CBOS website.
   3. Submit your application - Follow the submission process outlined on the website or contact them directly for help.

Need Help? Resources for Renters

If you need further assistance, contact these resources:

• Consumer, Building and Occupational Services - Offers comprehensive resources and forms for Tasmanian renters.
• Legal Aid Commission of Tasmania - Provides legal advice and assistance for tenancy issues.
• Tasmanian Civil and Administrative Tribunal (TASCAT) - Handles residential tenancy disputes and hearings.

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1. Residential Tenancy Act 1997, Tasmanian Government: https://www.legislation.tas.gov.au/view/html/inforce/current/act-1997-082
2. Consumer, Building and Occupational Services Forms, Tasmanian Government: https://www.cbos.tas.gov.au/topics/housing/renting/forms

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