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Tenant protection

Your rights in public and community housing

If you are unhappy with a decision made in relation to your application for public or community housing, you may be able to appeal the decision.

You can appeal decisions about the following:

  • your eligibility for housing assistance
  • the type of housing you are eligible for
  • the location of housing (including the suburb and access to services)
  • your application being penalised because you rejected a property for an unacceptable reason
  • your application being cancelled due to loss of contact with the department
  • the start date of your application.

Read more about public and community housing.

Your rights and responsibilities in the private rental market

When renting a home, you have certain rights and responsibilities. Check your tenancy agreement for specific information about the property you are renting.

Your rights as a tenant include that the lessor/agent:

  • provides premises that are fit to live in and in a good state of repair
  • provides reasonable security, with locks in good working order (maintained by the lessor/agent) and a key for each lock
  • ensures that the property is vacant at the start of the tenancy. Nobody else or their property should be there
  • allows quiet enjoyment of the premises once tenants move in—if they want to enter the premises for any reason, they must give you notice 
  • maintains the property, carrying out repairs as necessary during the tenancy.

Your responsibilities as a tenant include that you:

  • pay the rent on time and in the way outlined in the tenancy agreement
  • abide by the terms of the tenancy agreement (e.g. if the tenancy agreement states that you must not have pets, do not bring a pet into your home without asking permission of the lessor or agent)
  • keep the place reasonably clean
  • do not intentionally or negligently damage the property or allow visitors to cause damage. You should leave the premises in the same state it was in when you moved in (excluding fair wear and tear), as detailed in the entry condition report. You must notify the lessor or agent of any damage as soon as possible
  • use the property for legal purposes only
  • respect neighbours' rights by not causing or permitting a nuisance or interfering with the reasonable peace, comfort or privacy of neighbours
  • seek approval for any change to your tenancy agreement (e.g. the number of people living in the home).

Helpful resources

Handy hint

If your lessor or agent breaches the tenancy agreement you can issue them with a Notice to remedy breach.

The lessor or agent then has 7 days to fix the problem. If they fail to do so you can apply for dispute resolution by contacting the Residential Tenancies Authority (RTA) on 1300 366 311.

Read more about resolving disputes.

Licence
Creative Commons Attribution 3.0 Australia (CC BY 3.0)
Last updated:
29 April 2013

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