Understanding Harassment Risks for Renters in Tasmania

Renting a home in Tasmania should be a peaceful experience, but unfortunately, some renters face harassment and landlord misconduct. Understanding your rights and knowing how to respond is crucial to defending yourself against these challenges.

Recognising Harassment and Landlord Misconduct

Harassment by landlords can include a wide range of actions such as unlawful entry into rental properties, threats, or failure to make necessary repairs. It's essential to understand what constitutes misconduct and how it can affect your tenancy.

What Does the Law Say?

In Tasmania, the Residential Tenancy Act 1997 governs the rights and obligations of both landlords and tenants. This law outlines acceptable behaviours and protects tenants from unfair practices, including harassment.

The Fair Trading Act 1987 also offers protections at a national level against unfair practices, ensuring renters have a safeguard against harassment and threats.

Steps to Address Harassment

If you believe you are facing harassment or misconduct, knowing how to respond is essential.

• Document Everything: Keep a detailed record of incidents including dates, times, and any communications.
• Communicate Professionally: Address the issue with your landlord or property manager in writing.
• Seek Mediation: You can reach out to the Consumer, Building and Occupational Services (CBOS) for mediation services.

Official Forms to Use

One essential form to use in case of disputes is the Notice to Terminate (Form 1), which is used when either party wants to end the tenancy. It’s crucial when formalizing a dispute resolution. You can find the form on the CBOS website.

Resolving Disputes

Disputes not resolved through mediation can be escalated to the Tasmanian Civil and Administrative Tribunal (TASCAT). This body is responsible for hearing residential tenancy disputes and can issue orders to enforce tenants' rights.

Conclusion

• Know your rights under the Residential Tenancy Act 1997.
• Keep detailed records of any harassment incidents.
• Use available dispute resolution services to address misconduct.

Need Help? Resources for Renters

Here are some resources if you need help or more information:

• Consumer, Building and Occupational Services (CBOS)
• Tasmanian Civil and Administrative Tribunal (TASCAT)
• Legal Aid Tasmania

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1. What should I do if my landlord enters without permission?

   Under the Residential Tenancy Act 1997, landlords need to provide proper notice before entering a property. If they don't, document the incident and discuss it with them. If issues persist, seek mediation or legal help.

2. Can my landlord increase rent as a form of retaliation?

   No, retaliatory rent increases are not allowed. Rent changes must follow proper protocols outlined in the tenancy agreement and local laws.

3. How can I lodge a complaint against my landlord?

   Issues can be processed through CBOS or handled legally at TASCAT, depending on the severity and resolution sought.

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