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Belongings investment remains one of the best ways to create wealth merely success depends on much more than just property selection and location.

You meet… property investment besides involves people – namely landlords (that'due south you) and tenants.

Throughout the residential tenancy, you equally the landlord accept various responsibilities which must be upheld.

Across the country, at that place is country-specific legislation that protects landlord rights equally well equally the tenant'south.

Equally this legislation is frequently amended, specially at times of tighter rental markets,  it's imperative that landlords sympathise what their responsibilities are as investment property owners, every bit they are obligated to abide by state law.

This commodity will help all landlords meliorate understand their tenant'south responsibilities as well as their own landlord rights when it comes to collecting, holding and returning a bail, collecting hire, increasing rent, inbound their belongings, maintenance, repairs and ending a tenancy.

Of course, we'll likewise discuss how using a professional person property director can make your holding investment journey simpler and more enjoyable, too!

How do you choose a tenant?

As a landlord, you have the correct to choose the tenant you consider the almost suitable for your property but under the  Equal Opportunity Human activity you lot must non discriminate against any of the applicants based on their:

• Gender
• Age
• Race
• Faith
• Marital condition
• Sexuality
• Having children
• Pregnancy
• Mental illness
• Disabilities
• or a whole host of other discriminatory reasons.

If y'all do, you could exist liable to pay damages or fines.

The Bond

Rental bonds are paid by tenants at the start of their tenancy and are a goodwill payment held in trust by the specific land regime rental authorisation, which is used as financial protection for the landlord in example the tenant breaches the terms of the tenancy agreement.

This protects y'all if the tenant does not pay all the rent owed, damages your belongings or fails to go on information technology in a satisfactory condition, every bit y'all volition then exist eligible to merits some or the entire bond one time the tenancy is over.

At the start of a new lease, yous are expected to provide a bond lodgement form to be filled out by both parties and are responsible to ensure that it is lodged with the relevant state authority within the right time period.

The amount of bond is commonly about 4 weeks' worth of rent, notwithstanding, it tin vary depending on the type of dwelling.

At the end of the tenancy, impairment to the belongings may be paid for out of the bond, simply only if both parties concord.

However, landlords cannot charge tenants for any fair clothing and tear of property that may take occurred during the tenancy.

Examples of fair and wear include faded curtains or a worn kitchen bench-acme.

Conversely, missing defunction or burns or cuts to the demote-acme would likely be considered damage, then the tenant would exist responsible to pay for these to be repaired.

At the terminate of a tenancy, if your property is left in proficient condition and is make clean, and then both the landlord and the tenant can concord to take the bail repaid to the tenant in full.

If there is whatever damage, and so the process becomes a piffling more than complicated as both parties take to concur that harm has occurred during the tenancy also as the costs of the repairs.

For example, the landlord may make a claim on the bond for:

• Rent not being paid
• Damage caused by the tenant or their visitors
• Cleaning expenses
• Abandonment of the bounds by the tenant
• Landlord beingness forced to pay tenant'southward bills
• Loss of landlord'due south goods

The Rent

As the landlord, you have the right to request rent on a weekly, fortnightly or monthly basis. With both the bond and rental payments received, you should provide detailed and signed receipts stating the date, corporeality received, property address, name of tenant and duration for which it has been paid.

One of the keys is to ensure you have the best tenants in your properties who have the financial capability to pay the rent equally well as the desire to expect after your property well.

Successful tenant selection is a skill and is i where a professional person belongings managing director tin can assist you.

They'll also help yous with all the necessary paperwork and following up if the tenant does not pay their hire on fourth dimension.

Equally a landlord, you have the right to expect that the hire for your belongings to be paid by the due date in the way that was agreed on the lease.

While the legislation does vary across the country, if tenants have not paid their rent by the due date, they are considered to be in "arrears".

If they are more than 14 days in arrears, then landlords have the right to outcome the tenants with the relevant notices to vacate.

Landlords need to keep in mind that if their tenants practise not pay their rent, or are late paying their hire, that the mortgage nevertheless needs to be paid, which e'er remains the landlord's responsibility and should be approaching for accordingly.

Utility and service charges

When it comes to utility and services charges, there are varying rules around this across the land then it'due south important to cheque your relevant state dominance.

Generally speaking, yet, during a tenancy, tenants are responsible for the following utility charges if the property has a separate meter (i which the supply to one property merely):

• All charges for the supply or utilize of electricity, gas or oil (including supply charges and reconnection fees).
• All charges based on the amount of water consumed (just not service charges or reconnection fees).
• All sewerage disposal charges.
• All charges for the use of bottled gas (just not for the supply or rent of gas bottles).
• On the other hand, if a property is not metered separately, landlords are responsible for:
  • Initial connexion fees
  • Usage charges for the utilities.

Responsibilities of the landlord to the tenant

During a residential tenancy, landlords accept a number of responsibilities to their tenants, which are enshrined in the relevant legislation.

Once more, many of these responsibilities can be managed by a professional person belongings managing director on a landlord's behalf.

Some of the responsibilities which a landlord has to a tenant include:

• Give the tenant a copy of the relevant Country or Territory booklet outlining their rights. This needs to exist washed earlier the tenants movement into the belongings or on the twenty-four hour period that they practice.
• The rental property must exist vacant, clean and safe on the solar day that the tenant shifts in.
• The main living areas must exist kept in good condition and all the appliances need to exist maintained.
• The condition expected will exist dependent on how old the property is and how much the hire is.
• You are obliged to accept care of anything that may demand repairing on the property and must reply to whatsoever requests in a timely manner.
• During a tenancy, the landlord is responsible for keeping the property in the same state that information technology was in when the tenant moved in. And so this means maintenance and repairs need to exist completed as they arise.
• Respect the rights of the tenant to quiet enjoyment of the property.
• Comply with all health and safety laws.
• Provide reasonable security with locks in good working lodge and supply keys for each lock.
• Pay all charges, levies, premiums, rates, and taxes for the belongings.
• Reimburse the tenant for money spent on emergency repairs (certain atmospheric condition utilize).
• Not enter the premises to acquit out a general inspection until after the stop of the outset three months of the tenancy (depending on the relevant legislation) and even at this time, follow the rules regarding proper notice periods.

When tin can a landlord visit their property?

While yous may feel like checking on how your tenant is looking after your property, y'all tin't just pop in whenever you experience like it.

Local legislation volition stipulate how frequently you can practise this and how to go about it.

For example, in Victoria, a landlord may enter the premises equally long as the tenant agrees to the time and was consulted within the last vii days.

Occasionally y'all may demand to enter your property on short notice.

In Victoria, a landlord has the right to enter within 24 hours after having given written notice to the tenant in order to:

• Behave out duties under the Residential Tenancy Understanding, the 'Residential Tenancies Deed 1997, or any other Act.
• To value the property.
• Prove prospective buyers or lenders through the premises.
• Show prospective tenants through the premises.
• Verify a reasonable belief that the tenant has not met their duties as a tenant.
• Brand ane general inspection in any six-month period, but non within the first iii months of the tenancy.

Under these circumstances, the landlord is allowed to enter the premises if the tenant is non domicile providing the requirements regarding written notices have been met.

The landlord does not accept the correct to enter in an unreasonable way or stay any longer than necessary unless it is with the tenant'south permission.

Landlord rights regarding Repairs & maintenance

Occasionally you will be contacted past your tenant or belongings manager advising that you are going to have to repair an item in your rental belongings. While some of these may not be urgent, in that location are others than will need to be attended to promptly.

You lot volition need to respond to urgent repairs without filibuster.

If cypher is done, your tenant has the right to arrange for these repairs to be done upwardly to the value of $1000 – at your expense.

If you are unsure of what is classified as an "urgent repair", consult your belongings manager or your local Consumer Diplomacy office.

Examples of urgent repairs include:

• Outburst h2o service
• Blocked or broken lavatory organisation
• Serious roof leak
• Gas leak
• A dangerous electric fault
• Flooding or serious flood impairment
• Serious fire or storm harm
• Failure or breakdown of gas, electricity or h2o supply to premises
• Any other damage which results in the property existence unsafe or not secure

If they are non dealt with, the tenant has the right to organise a qualified professional person to consummate repairs, upwards to the amount specified in the tenancy agreement. You will then have to reimburse the tenant for the cost incurred.

Non-urgent repairs need to be carried out within a specified amount of time, which may vary from country to land, but must ordinarily be carried out inside 14 days, yet evidently I would recommend you lot do it sooner.

If not non-urgent repairs are non attended to, your tenant may utilize to the Tribunal for inspection and subsequent report.

After 60 days, the tenant tin use to the Tribunal for a repair society.

Even though they may feel like it, legislation prevents tenants from withholding rent while waiting for repairs to exist done.

By the way… landlords are not responsible for damage caused by tenants – such every bit a door ripped off its hinges – with the repair paid for by the tenant, by agreement, or deducted from their rental bond.

Professional belongings managers have well-adult systems for tenants to study any urgent repairs or impairment, which can then be remedied past whichever party is responsible past understanding.

When tin I increase the hire?

Tenants always retrieve their rent is also high and of course, landlords want to accept to maximise their investment returns.

The problem is y'all just cannot increment the hire whenever y'all desire to.

Again at that place is legislation almost the timing of rental increases across the land, but mostly speaking, if a tenant is on a periodic lease the rent tin can be increased once every six months, after giving 2 months' notice to the tenant.

If the tenant is on a fixed-term tenancy, such as a 12-month lease, then the rent cannot be increased until the stop of that tenancy.

If tenants find the proposed rental increase unreasonable they can challenge information technology and accept a country government inspector assess its fairness.

It's important that landlords consider whether a higher rent will be more than beneficial than having tenants stay in their property for longer.

Changing tenancies is time-consuming and has additional costs attached such as loss of rent during the vacancy, reletting fees and marketing charges – the total of which could be more than the proposed actress rent would bring over six months or a year.

With this in mind, landlords should consider whether an extra $5 or $10 per week volition make a large enough difference to their bottom line.

This is especially of import during times when rental supply exceeds need then tenants take much more than pick and may determine to simply move somewhere cheaper.

It may exist more prudent to wait another half-dozen or 12 months before increasing the rent in such a circumstance.

Extended periods of vacancies are not what any landlord wants for their investment property and then always go along in mind that long-term tenants who pay their rent on time and look later on your property well are really the type of people that yous want.

What are your landlord rights when your tenant stops paying rent?

Information technology'southward one of the worst nightmares for landlords – a tenant who hasn't paid rent for weeks and won't vacate the property.

Unfortunately, a adept tenant tin quickly plough into a bad tenant.

This can happen due to personal troubles, health issues, drugs, they lose their job or get divorced.

But the problem is, as a property investor you not only stand to lose out on your rental income, which you're most likely relying on to help pay your mortgage, merely you may not exist able to access your property or detect new tenants until your existing tenants leave.

And the end result is that you could be significantly out of pocket.

And so what are your rights as a landlord if this happens?

Well, it all starts before yous accept on a tenant.

Brand sure your holding managing director checks their by rental history using national rental databases and make sure your potential tenant doesn't overextend themselves.

At Metropole Property Management we don't like the rental to exceed 30% of the tenants' combined income, otherwise, they're more likely to observe themselves in mortgage stress.

I believe it's of import to have a good line of communication with your tenant past using a skilful belongings manager.

Hopefully, they'll have washed regular inspections of your belongings and answered any tenant requests promptly.

This should brand communication during challenging times a trivial easier.

Tenancy legislation is a Country-based police force so it'due south disquisitional that you have a proficient belongings manager looking afterward your interests to stay within the laws when this type of unpleasant situation arises.

Find out why your tenant is in arrears

Your property manager should know the day your tenant is in deficit by checking their trust depository financial institution account.

Their first step should be to find out why your tenant isn't paying rent and to begin making polite enquiries and assist in minimising your loss.

The reason you haven't received the rent could exist something quite uncomplicated and easily fixed, such as:

• simple forgetfulness
• temporary cash flow problems
• a misunderstanding between joint tenants

Or it could be something more complicated and long-term, such as:

• your tenant has lost their job
• your tenants are a couple and take split up
• your tenant is suffering from challenging personal bug (such as bereavement or work-related stress).

What your property director should do side by side

If a tenant does not pay their hire by the due date, they are considered to exist 'in arrears'.

In Victoria, if tenants get fourteen days or more in arrears, they can be issued with an official discover to vacate.

The number of days in rental arrears before these notices can be sent varies around Commonwealth of australia, then it is important to be familiar with your local tenancy laws.

Merely a landlord or property manager cannot evict a tenant, the proper procedures must be followed.

Firstly, the notice must exist correctly worded and correctly delivered including, being delivered by registered post.

Then the matter must be brought before the relevant tenancy authority such as VCAT or the NSW Ceremonious and Administrative Tribunal.

The tribunal may then issue a warrant of possession to adios the tenant.

However, at Metropole Property Management we try and nip things in the bud past monitoring arrears daily, because if a tenant falls behind in their rent, the sooner you know near information technology, the sooner you lot tin can endeavor to resolve the issue and mitigate any financial loss.

We call and email the tenants and so send a breach notice outlining that they have failed to pay their rent on time later on they've been in arrears for 3 days.

Going to the tribunal is the concluding resort.

Ofttimes the matter tin be resolved past giving the tenant the option to make office rental payments or more frequent payments such as weekly to become them through what is hopefully just a bad patch.

If the tenant must be evicted, you will most probable be able to retain function or all of the bail to make upwardly for your loss.

And any additional loss should exist covered by your Landlord'south insurance.

How practice I terminate the tenancy?

Every landlord will somewhen face a  state of affairs in which they need to adios a tenant.

If you lot want your tenant to move on earlier than planned, nevertheless, at that place are sure rules you must follow before showing them the door and these vary slightly from State to Land.

Fifty-fifty if an agreement has a fixed end date, you will demand to give the notice to end the tenancy.

Because the tenants' rights to remain in the property are protected, if yous want to cease the tenancy, yous should cheque:

• The reasons allowed for giving discover in your State to end a tenancy understanding
• Whether the notice needs to be given on an official notice or form
• How much notice you lot need to requite before the end of the tenancy agreement

If this isn't done, they run the risk of causing an unnecessary delay in getting back possession of their property or having to start the process all once more.

Here's what you lot need to know…

During 2020 all states amended their legislation due to Covid19 to protect tenants during this challenging period.

Many of these measures will end in March 2021 simply y'all can read more about them in the following articles:

• Victorias freeze on evictions and rental hikes extended
• It'southward time to put a cease to rorting the hire relief measures
• Here's how the rental markets effectually Commonwealth of australia have been affected by COVID-19

The following data was written in March 2018 and all legislation referred to was relevant at the time of writing, simply may change over time, merely it's likely this is what volition be reverte to as we move into Covid normal.

New S Wales

A landlord is typically required to serve a signed written termination observe 14 days before the engagement of eviction.

This notice must signal the property'southward accost, the eviction appointment and the reason for termination.

This reason must exist valid.

If, for instance, a landlord claims non-payment and the tenant can provide proof that they take complied with the tenancy understanding and paid their rent, the tenant will not be required to vacate the property.

However, if the grounds for eviction are proven to be correct but the tenant does non leave by the specified date, the landlord has the right to obtain a warrant of possession, which will authorise officers to remove the tenant by strength.

Victoria

As is the example in NSW, Victorian landlords must provide a signed written notice, which can either exist sent by mail or delivered past hand.

If the tenant does not lave, the landlord has 30 days to asking an guild of possession from the tribunal.

This order includes instructions to vacate the dwelling house, the date of evacuation, and a warning regarding forcible eviction should the tenant neglect to comply.

If there is no compliance, a landlord tin then obtain a warrant of possession to allow the authorities to remove the tenant.

Queensland

In the Sunshine State, the appropriate form must be used to create the notice, which must be presented inside a reasonable period of fourth dimension.

The reason for termination must be indicated, along with the evacuation engagement.

If the tenant does not comply, the landlord must utilise to the tribunal for a termination club and a warrant of possession within two weeks of the date of handover.

Upon approval, the tribunal will then send a observe regarding a hearing, as well as a copy of the landlord'due south awarding, to the tenant.

In one case the warrant of possession is issued, it must be carried out within three days of the termination date.

The regime have fourteen days to enter the property and enforce the warrant unless the tribunal indicates otherwise.

Western Australia

In the west, landlords must issue a formal discover to the tenant regarding a breach of the tenancy understanding.

The tenant and then has 14 days to correct the breach. If they do not comply, this is when the termination discover should be served.

The tenant is given 7 days after receiving the discover to leave the property.

If the tenant does not vacate within this time flow, then the landlord should apply for an order of possession from the Magistrates' Court within thirty days.

The subsequent course of activeness is to request a property seizure and delivery club.

A courtroom-appointed bailiff volition so be sent to evict the tenant on the landlord's behalf.

South Australia

In the event that a tenant has breached the rental agreement, the landlord's are required to serve written detect demanding a remedy; otherwise, the tenant must vacate the home.

The observe should particular the breach, the suggested remedy and the observe period.

The landlord should be careful to specify "all other occupants" bated from the tenant, and there should exist two copies of this certificate – ane to be kept for the landlord'due south records.

The tenant then has vii days to comply with the request; 8 days if the offence in question involves rent arrears.

If this is disregarded, so the landlord may continue to fill in an awarding grade for eviction, which also covers a request for vacant possession.

It must be accompanied past supporting documents, such equally a re-create of the lease agreement, rent records, and written notices if any.

These requirements must then be submitted to the tribunal, the but function that can affect eviction via a tribunal social club.

Tasmania

On the Apple tree Island, landlords must provide a find to vacate either xiv or 28 days prior to the stated eviction date.

This notice indicates the date on which the document was issued to the tenant, the names of both parties, the accost, the reasons for the evacuation discover, and the effective date of the notice period.

If the tenant fails to vacate the property, the landlord can apply for an order of possession from the Magistrates' Court.

A copy of the awarding must be presented to the tenant on the same day.

The court will then send a representative to enforce vacant possession of the belongings on the set engagement.

Australian Capital Territory

When faced with a problematic tenant, a landlord is required to offset serve a notice to remedy.

If the tenant does not act on it inside 7 days, then the landlord can move forward with a written detect to vacate.

If, however, the tenant has previously been issued two remedy notices, and so a notice to vacate can be presented immediately.

There should exist an adequate period of notice, and the document should indicate the legal grounds for termination every bit well as the premise behind these grounds.

If the tenant does not budge, then the landlord can utilise for a termination and possession order from the tribunal.

Subsequently, the landlord can request a warrant for eviction.

Upon providing two days' notice regarding the eviction, the authorities tin can then remove the tenant inside a set catamenia unless there are exceptional circumstances.

Northern Territory

In the Top-end, a landlord must kickoff seek out a rental officeholder to apply for an guild for the tenant to get out.

An order for eviction can be made concurrently, or at another fourth dimension.

The rental officer and then issues the order to the tenant, and an affidavit of service is generated.

If the tenant does not vacate, the landlord must file an club for a writ of possession with the Supreme Court within half dozen months.

This order should be supported by the affidavit of service for the eviction gild and another confirming that the eviction gild was overlooked.

The writ should then be issued to the sheriff, who would be granted the authority to remove the tenant and recover the property on behalf of the landlord.

In all cases, both parties will need to exist prepared for the cost of asking the authorities to hear a case.

Resources past State

Beingness a landlord brings with it a raft of rights and responsibilities, which you lot must understand to exist the best property investor that yous can exist.
Equally we've mentioned in this article, each state has its own specific legislation regarding this so information technology'due south imperative that you get conversant with the relevant laws or better still use a professional property managing director to navigate them for y'all!

• For landlords who have properties in Victoria, consider using this resource from Consumer Affairs Victoria.
• For landlords who have backdrop in New Southward Wales, consider using this resources from Fair Trading NSW.
• For landlords who take properties in Queensland, consider using this resource from Residential Tenancies Authority.

This is only a short summary of landlord rights and responsibilities and that is why to maximise your investment returns and to minimise your headaches, you should accept a professional holding manager manage your assets.

That way, all contact with the tenant should exist through them shielding yous from the day to day hassles finding tenants, completing agreements, organising maintenance, and if necessary, sorting out issues at the Tribunal.

Metropole Property Management – the smart choice

At Metropole, we help y'all build your wealth past offering you lot the best belongings management services available because we are a unlike breed of licensed estate agents.

We don't sell real manor.

Nosotros lease and manage residential backdrop throughout Melbourne and Sydney and Brisbane and concentrate all our resources on ensuring that your specific management needs are fulfilled.

This means nosotros will expect after your property the way we look after our own, using our professional skills and the latest applied science to notice quality tenants, minimise vacancies and handle marketing, repairs, maintenance, accounting, and legal compliance efficiently and cost-effectively.

With so many different pieces of legislation regulating the landlord rights and responsibilities, it makes sense to take a professional on your side who tin can assist your property investment journey be as successful and stress-free as possible.

You lot deserve a property manager who cares as much about your property every bit you practice.

If you desire to discover out a little more than about how Metropole can help you maximise the returns on your investment property, delight click here, leave us your details and we volition exist in bear upon.

Editors Note: This article was previously published on Property Update and has been republished for the do good of our many new subscribers

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Source: https://propertyupdate.com.au/landlord-rights-and-responsibilities/

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