Page 5552 - Week 14 - Thursday, 30 November 2017
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|
Reason/Cause |
2015-16 |
2016-17 |
1 July 2017 to 7 November 2017 |
|
Failure to pay rent |
17 |
16 |
4 |
|
Property condition |
1 |
2 |
1 |
|
Anti-social behaviour |
1 |
1 | |
|
No cause provisions |
2 | ||
|
Removal of unauthorised occupant |
1 | ||
|
Total |
19 |
22 |
5 |
(5) The Standard Residential Tenancy Terms (the Standard Terms) at schedule 1 of the RT Act impose some restrictions on modifications of rental properties by tenants. Clause 67 of the Standard Terms provides that the tenant must not make any additions or alterations to the premises without the written consent of the lessor. Clause 68 of the Standard Terms provides that the tenant must not add any fixtures or fittings to the premises without the consent of the lessor. However, the lessor’s consent must not be unreasonably withheld. The tenant must make good any damage to the premises on removal of any fixtures and fittings. Any fixtures or fittings not removed by the tenant before the tenant leaves the premises become the property of the lessor.
(6) The RT Act does not have a formal complaints mechanism, however the lessor or tenant may apply to the ACT Civil and Administrative Tribunal (ACAT) for dispute resolution. Not all decisions are reported, however minor modifications by a tenant were discussed in Maroney v Bullard [2010] ACAT 20. In this case, the tenants had made some minor modifications with the consent of the lessor, including painting, installing picture hooks and installing curtain tracks. The lessor provided consent on the condition that the tenants remove the curtain fittings on leaving the premises. The tenants did not do so, and were liable to compensate the lessor for the cost of rectification work.
(7) The RT Act does not have a formal complaints mechanism for private tenancies. Instead parties to residential tenancy agreements are able to seek a number of remedies via ACAT.
Housing ACT captures and sorts complaints under the Complaints Handling and Management Platform categories of anti-social behaviour, fraud, property condition and maintenance. The complaints process does not specify if a complaint is the result of a tenant’s modification to the property.
(8) The RT Act does not place any limitations on the duration of a fixed term residential tenancy agreement.
(9) There is no requirement to register or lodge residential tenancy agreements in a central location. Therefore, this information is not readily available, particularly as a private residential tenancy of this nature would not necessarily come to the attention of anyone other than the parties.
(10) There is no requirement to register or lodge residential tenancy agreements in a central location. Therefore, this information is not readily available, particularly as a private residential tenancy of this nature would not necessarily come to the attention of anyone other than the parties.
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