Resolving Rooming and Boarding House Disputes in Tasmania

If you're renting in a rooming or boarding house in Tasmania, disputes may arise over issues like rent increases or property repairs. Addressing these disputes promptly and effectively can ensure a harmonious living environment. Understanding the processes in Tasmania can help you resolve conflicts with confidence.

Understanding Your Rights in Tasmania

In Tasmania, the Residential Tenancy Act 1997 governs tenancy relationships. This Act provides protections and outlines responsibilities for both landlords and tenants. Familiarizing yourself with this legislation can be beneficial when dealing with disputes.

Common Disputes in Boarding Houses

• Rent increases: Any increase must adhere to the notice period stipulated in the Tenancy Act.
• Repairs: Urgent repairs should be addressed immediately to ensure safety and compliance with health standards.
• Evictions: Proper procedures must be followed for any eviction to be legally enforceable.

Steps to Resolve Disputes

Attempt Direct Resolution

The first step in handling disputes is communicating directly with your landlord. Sometimes, misunderstandings can be ironed out with a simple conversation. Ensure your concerns are documented in writing.

Seek Mediation Services

If direct communication fails, consider contacting a mediator. The Tasmanian Tenancy Support service can provide mediation assistance to help resolve disputes amicably.

Apply to the Residential Tenancy Commissioner

Should the mediation not lead to a resolution, you can apply to the Residential Tenancy Commissioner. Applications should be made using the appropriate forms from the Consumer, Building and Occupational Services website.

Official Forms to Use

• Notice to Vacate - Form 2: Used when a landlord requires a tenant to leave. Ensure it meets the required criteria outlined by Tasmanian law. Download here.
• Request for Repairs - Form 3: Submit this form to notify landlords of repair needs, ensuring a timely response. Download here.

Relevant Legislation

The Fair Trading Act 1987 (Cth) provides broader consumer protections, which can also be applicable in tenancy disputes, ensuring fair treatment and practices.

Need Help? Resources for Renters

If you need further assistance, several resources are available:

• Consumer, Building and Occupational Services: Guidance on tenancy matters.
• Tasmania Legal Aid: Offers free legal advice for renters.
• Tasmanian Ombudsman: For complaints beyond standard tenancy issues.

---

1. What should I do if my landlord refuses to make urgent repairs? If a landlord fails to make urgent repairs, you can submit a formal request using the Request for Repairs - Form 3. If repairs are still not made, consider applying to the Residential Tenancy Commissioner for further assistance.
2. How do I contest a rent increase? To contest a rent increase, ensure your landlord follows the correct procedures outlined in the Residential Tenancy Act 1997. You may dispute inappropriate increases by applying through mediation or the Residential Tenancy Commissioner.
3. Can I refuse eviction if I don't receive proper notice? Yes, if the notice does not comply with the legal requirements of Tasmania's tenancy laws. It is advised to seek mediation or legal assistance if you're faced with an improper eviction notice.

1. How to file a complaint with the Residential Tenancy Commissioner
   1. Prepare documentation: Gather all evidence and records related to your dispute, such as emails and photographs.
   2. Complete the application: Use the appropriate form from the CBOS website.
   3. Submit your application: Send it to the Residential Tenancy Commissioner with any supporting documentation.
   4. Await response: The Commissioner will contact you with a plan to address your complaint.

Key Takeaways for Tasmanian Renters

• Familiarize yourself with the Residential Tenancy Act 1997 to understand your legal rights and responsibilities.
• Use direct communication, mediation, and legal channels to resolve disputes effectively.
• Access available resources and official forms through the Consumer, Building and Occupational Services website.

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