Key Takeaways
- Tenants must pay rent on time and cannot withhold rent due to disputes with their landlord
- Tenants are responsible for keeping the property reasonably clean and tidy and leaving it in that condition when they move out
- Tenants must notify their landlord of any damage or repairs needed as soon as possible
- Tenants can only use the property for residential purposes and not for business activities without permission
- Tenants cannot have more occupants than agreed upon in the tenancy agreement
- Tenants cannot make alterations to the property without their landlord’s consent
Introduction to Tenant Responsibilities
Tenants in the current rental market have a significant amount of power, but they are still subject to certain rules and regulations. While landlords have their own set of responsibilities, tenants also have obligations that they must fulfill. These obligations include paying rent on time, keeping the property clean and tidy, and notifying their landlord of any damage or repairs needed. In this article, we will explore six things that tenants cannot avoid, and the consequences of not fulfilling these responsibilities.
Paying Rent on Time
One of the most important responsibilities of tenants is to pay their rent on time. Problems with rent payments are still the bulk of the work of the Tenancy Tribunal, with two-thirds of claims last year related to rent arrears. Tenants must continue to pay rent even if they are involved in a dispute with their landlord. Withholding rent is not an acceptable response to a dispute, and tenants can face consequences for doing so. For example, in one case, a tenant reduced her rent payment and then withheld it completely because she was not able to use her en-suite bathroom. The tribunal ruled that this was not an appropriate response and that the tenant was not entitled to unilaterally reduce or stop paying her rent.
Maintaining the Property
Tenants are also responsible for keeping the property reasonably clean and tidy and leaving it in that condition when they move out. The tribunal regularly deals with claims from landlords seeking compensation for clean-up costs incurred after a tenancy is finished. In one case, a tenant left a "huge" amount of rubbish, including household refuse, dog toys and faeces, broken furniture, and old bath, and the landlord was awarded $1572 for rubbish removal. Tenants must also leave all the items that were supplied with the tenancy, and ensure that the property is in a reasonable condition when they vacate.
Notifying Landlords of Damage or Repairs
Tenants must notify their landlord of any damage or repairs needed as soon as possible. In a case currently being dealt with by the tribunal, landlords are seeking exemplary damages from a tenant who failed to advise them of damage. The tenant had caused damage to the bedroom door, holes in walls, and French doors, but the tribunal said that it was not satisfied that there was a breach to justify exemplary damages. Tenants must be proactive in notifying their landlord of any issues with the property to avoid any potential disputes or consequences.
Using the Property for Residential Purposes
Tenants can only use the property for residential purposes and not for business activities without permission. If tenants are running businesses from their homes, things can get tricky. In one case, there was a dispute about tenants operating a plant business from a spare bedroom. The tenants said that their property manager had no problem with it as long as the premises were clean and tidy, but the property owner argued that he had no knowledge of that agreement and wanted compensation for professional carpet cleaning. The tribunal ruled that the landlord’s claim for compensation was withdrawn when the tenant confirmed that they had professionally cleaned the carpets when they vacated the tenancy.
Maximum Number of Occupants
Tenants cannot have more occupants than agreed upon in the tenancy agreement. Going above the agreed-upon number of occupants can be a problem because it can put a landlord’s insurance in jeopardy, and there may be health and safety or security concerns. In one case, a tenant’s partner urinated in a communal pathway, approached another elderly neighbour to ask her for cigarettes and meth, and asked another woman whether she wanted company and whether she smoked cannabis. The tenant had her tenancy terminated on the basis of the anti-social behaviour and because she had breached a term of her tenancy agreement by having him live with her when she was allowed only one occupant.
Making Alterations to the Property
Finally, tenants cannot make alterations to the property without their landlord’s consent. In a case heard in 2023, tenants who were described as "in many ways excellent" were in dispute with their landlords after they "exceeded their rights and obligations as tenants". The tenants had painted the kitchen green, maroon, and gold, removed carpet in the hallway and second bedroom, and installed ponds and erected a carport without permission. The tribunal adjudicator ruled that the tenants needed to pay $2550 for painting, $2754 to replace the carpet, and other smaller amounts for carpet cleaning and glass replacement. Tenants must ensure that they obtain their landlord’s consent before making any alterations to the property to avoid any potential disputes or consequences.
