As a Landlord, you have various obligations that you must adhere to when leasing out your property. These obligations are incorporated in the Residential Tenancies Act 2010.
Key points to keep in mind before giving out the property on lease:- Make sure there is an agreement in place. It is a one-off cost but may save a landlord from a major dispute.- Complete a condition report of the property and provide it to the tenant- Make sure that all regulations are met at the property e.g. fire alarms, swimming pool compliance etc.- Let the tenant be aware of your conditions of occupying the property e.g. no pets allowed etc
How can I ensure that any damage to the property will be fixed by the tenant?
As an owner of the property, you are entitled to obtain a bond from the tenant. This bond must be lodged with Fair Trading NSW. The bond is generally 4 weeks’ rent and acts as a security for the landlord. In the event that the tenant vacates the property in a condition that is not clean and proper, the landlord has the right to lodge a claim for the tenant to pay for the repairs with Fair Trading NSW.
However, if the damage is not caused by the tenant then the landlord must pay for the repairs. Maintenance and repairs are generally carried out by the landlord.
During the lease, Can I visit my property to check the condition?
Generally, a landlord must respect the privacy of a tenant and cannot enter the property without their consent. Nevertheless, a landlord can, with notice, enter the property for inspections of the property or to show the property to prospective buyers in case of the property being sold.
What if the tenant does not pay rent on time?
Where a tenant pays the rent a couple of days late, the landlord can issue a reminder notice to the tenant. In other cases where the rent has been paid more than 14 days late, the landlord has the right to issue a termination notice to the tenant. Upon receiving the termination notice, the tenant must vacate the property within 14 days of the notice.
However, if the outstanding rent is paid within 14 days from the notice, then the tenant does not need to vacate the property. In circumstances where the tenant does not pay the rent and refuses to vacate the property upon receiving the termination notice, the landlord has a right to make an application in the NSW Civil and Administrative Tribunal for the tenancy agreement to be terminated and the tenant to be removed from the property.
