Both tenants and landlords have legal responsibilities. This applies whether the landlord manages a rental property themselves or employs an agent to manage it for them.
Anyone employed by a land agent who manages residential properties must complete specific training and be registered.
Choosing a suitable tenant
Discrimination
A landlord has the right to choose a suitable tenant but it's against the law to make this decision based on personal characteristics.
Read what these characteristics include and exceptions to the law on the Office of the Commissioner for Equal Opportunity website.
Rental application form
Prospective tenants can be asked to complete a rental application form, which usually requests information about their:
- identity
- contact details
- likely occupants, such as a partner and children
- income
- previous rental details and reason for moving
- length of time they plan to rent.
A personal or professional reference can help the landlord decide if someone doesn’t have a rental history.
Rental history
Questions a prospective landlord could ask a prospective tenant or previous landlord about rental history are:
- Was the rent paid on time?
- Was the property kept clean?
- Was there any damage to the property?
- Were there problems with noise or disputes with neighbours?
- Would the previous landlord rent to the tenant again?
Consumer and Business Services does not provide a rental application form.
Landlord's legal responsibilities
By law, the landlord must give the tenant this information at the start of the tenancy:
- Information brochure (1.3 MB PDF) – general rights and obligations of landlords and tenants
- Section 48 notice (471.7 KB PDF) – landlord/agent contact details
- Lease agreement – details of the fixed or periodic tenancy
- Inspection sheets (229.3 KB PDF) – record of the property condition at start and end.
The landlord must also:
- offer the property in a clean and reasonable state
- give written or verbal instructions for any domestic appliances
- provide a copy of the signed agreement
- provide a receipt for bond paid and lodge it within two weeks
- keep a record of rent paid and provide a receipt if it's not paid into a bank account
- ensure the property's locks will keep it reasonably secure.
Insurance
The landlord arranges insurance for the property. Some insurance companies offer packages specifically for landlords.
The tenant arranges contents insurance for their personal belongings. Tenants should check exactly what their insurance covers.
If a tenant causes damage to the property the landlord doesn’t have to make an insurance claim for the repair.
