Legal knowledge of Australian immigrants renting houses 1

Legal knowledge of Australian immigrants renting houses 1

It is necessary for Australian immigrants to know the legal knowledge of renting a house. Experts remind newcomers to Australia that when they first arrive in a strange environment, they must first solve the accommodation problem. Renting a house is the choice of many people, but in order to avoid unnecessary troubles, there are also places to pay attention to. The following small series will explain the legal knowledge about renting a house in Australia.

1. The right to renew the contract is the right of the tenant. Generally, the first phase of the lease is confirmed, and then the tenant can terminate the lease or continue to rent it. The use of this right generally has the following conditions. First of all, the tenant needs to inform the owner of his intention before the current lease expires. Generally, there is a time limit, neither too early nor too late. For example, it is not allowed to notify the owner in writing for more than six months or less than three months; Secondly, the lease cannot be damaged frequently. Although there is compensation at the end of each time, the owner can not renew the contract in this case.

2. subletting and subletting generally require the consent of the owner. The lessee's purpose of using the property, such as office or travel agency, will be indicated in the lease. If subletting or subletting will change the use, the owner has the right to refuse. If the owner agrees to transfer, the new tenant is responsible for all the responsibilities in the lease, but the old tenant is responsible for compensating the owner when the new tenant fails to fulfill his responsibilities. After the owner agrees to transfer the lease, the tenant must also get the consent of the mortgagor (if the owner has mortgaged the property), which is very important for the tenant. Because without the consent of the mortgagor, once the owner has financial difficulties and can't repay the money to the mortgagor, the mortgagor has the right to take back the property, which is equivalent to canceling the tenant's contract. So the mortgagor's approval is very important. In the lease, the owner shall not refuse without reason. Refused to explain it many times in court without justifiable reasons, but basically it depends on the actual situation before the trial.

3. The maintenance responsibility of the owner.

The Residential Building Law stipulates that the owner should keep the building properly maintained during the lease period, and the owner is responsible for all repairs inside and outside the house except the damage caused by the lessee himself. This responsibility is very different from commercial building leasing. Generally speaking, commercial tenants are responsible for the maintenance of their own houses. The owner only cares about structural problems. RTA law stipulates that the owner should provide reasonable safety facilities, such as doors and windows with locks. Repair the facilities in the building. For example, cooking stoves, hot water systems and so on all have to work. The RTA law divides the repair responsibility into two categories: one is emergency repair. In this case, if the tenant cannot find it or has no time to inform the landlord, he has the right to find someone to repair it himself, and then ask the landlord to repay the repair fee, but the fee cannot exceed 1000 yuan, and the landlord should pay it to the tenant within 14 days. If the tenant is unwilling to pay the repair fee in advance, or the fee exceeds 1000 yuan, the tenant must apply to the rental court for an emergency hearing. The landlord has the responsibility to call the tenant for emergency maintenance when signing the lease. If the owner entrusts a broker to manage the property, the owner must clearly authorize the decision-making power with the repair fee of the broker, otherwise the owner needs to call the tenant for emergency maintenance. According to the law, emergency maintenance is defined as: burst water pipes, blocked toilets, serious water leakage from the ceiling, air leakage, electricity leakage, etc. Anything that makes the building unsafe or unreliable. Apart from these, all the parts to be repaired belong to the general maintenance category, and the owner is also responsible for handling the general maintenance, but the tenant needs to inform the owner in writing. The owner should deal with these problems within fourteen days. If the landlord fails to handle this matter within 14 days or the tenant is still dissatisfied, the tenant can apply to the lease court for settlement at this time. Of course, the maintenance that the owner is responsible for is some failures caused by normal use. If it is caused by improper or careless use of the tenant, the tenant must repair it by himself and be responsible for compensating the losses caused by the owner. In addition, if some equipment does not work at the beginning of the lease, such as fireplace, the owner does not need to repair it.

(The above answers were published on 2015-11-03. Please refer to the actual situation for the current purchase policy. )

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