What Landlords Can and Cannot Do in Australia
Deciding to rent out your property in Australia is a big decision with significant responsibilities.
As a landlord, you must be aware of all the regulations and requirements of the territory before inviting any tenants in.
Make yourself a cup of coffee, and let’s get started!
Ensuring the Rental Property is Safe and Free from Hazards
It is your responsibility as a landlord to ensure that your property is clear of hazards that could endanger the occupants' health. All gas and electrical appliances must be installed and maintained correctly.
You must also follow Fire Safety Regulations, which require performing a risk assessment, identifying hazards, and mitigating risk factors to the best of your ability.
In addition to these regulations, landlords should know the state governments' mandatory safety standards for residential properties. These safety standards cover areas such as pool and balcony safety, plus smoke alarms.
It's essential to check the specific regulations and requirements for your state or territory to ensure compliance. A bit more complicated than starting a simple AirBnB, eh?
Providing an Energy Performance Certificate
In Australia, you must provide an Energy Performance Certificate for the property and give the tenant a copy. This certificate rates the property's energy efficiency on a scale of 0 to 6 stars, with 6 being the most efficient.
Landlords must ensure that the property meets a minimum energy standard of at least 3 stars. If the property does not meet this standard, you might need to make improvements to meet the required standard.
Remember that large projects, like rewiring, can cost a pretty penny.
Deposit Protection
In Australia, landlords must protect tenants' deposits in a government-approved scheme. Such schemes safeguard the deposit and ensure that tenants receive their money back upon vacating if the conditions of the tenancy agreement are met.
Landlords must provide tenants with information about the scheme used to safeguard their deposit, including the name and contact information for the scheme.
Repairs and Maintenance
As a landlord, you are responsible for repairs and maintenance of the rental property. If you need to enter the property to undertake repairs or maintenance, you must give your tenants at least 24 hours notice.
Responsibility for repairs falls into the following categories:
- The property's structure;
- Hot water, heating, and other electrical systems;
- Sanitary ware, including basins, baths, and sinks.
It's important to note that if you damage anything while repairing, you're responsible for putting it right.
It’s not only a matter of simple ethics but also legally required of you. Tenants have rights, too, including requesting the property undergo a health and safety inspection or make a claim in court.
In addition to these requirements, landlords should be aware of the state or territory-specific laws regarding repairs and maintenance. These laws set out the timeframes for completing repairs, the process for handling repair requests, and the penalties for non-compliance. Do what you can to provide an elegant home.
Tax Obligations
Any income you earn from rent must be declared to the tax office, and you could be liable to pay Income Tax after day-to-day expenses are considered. If your property is mortgaged, you must get permission from your lender to rent the property out.
You must keep accurate records of your rental income and expenses to ensure compliance with tax obligations. That can make you eligible for certain tax deductions related to rental property ownership, such as depreciation, repairs, and maintenance expenses.
The Tenancy Agreement
It's wise for both parties to sign a strict tenancy agreement. The document should detail the responsibilities of both the landlord and the tenant and how and when the rent will be reviewed, if at all.
The agreement should also include information such as the rent amount, payment schedule, duration of the tenancy, terms for renewal, and the procedure for ending the tenancy before the agreed-upon date.
Note that the lease agreement must comply with state or territory-specific laws regarding residential tenancies.
These laws set out the minimum requirements for tenancy contracts - the information that must be included, the process for resolving disputes, and the rights and responsibilities of both parties.
How to Be a Good Landlord
Being a good landlord goes beyond simply complying with legal requirements. To ensure a positive and lasting relationship with your tenants, take a proactive approach to your responsibilities.
Here are some tips on being a good landlord:
- Responding promptly to repair requests;
- Maintain an open and friendly line of communication with your tenants;
- Providing a clean and well-maintained property;
- Respecting your tenants' privacy and rights;
- Get your tenants a bar of chocolate every once in a while - they’ll appreciate it;
- Responding to complaints or issues in a timely and respectful manner;
- Treating your tenants with professionalism and respect.
Additional Tips for Landlords
While it's essential to maintain a positive relationship with your tenants, there may come a time when eviction is necessary.
Familiarising yourself with the process for evicting a tenant, including the legal requirements and the steps involved, can help landlords understand their options in case of non-payment of rent or breach of the tenancy agreement.
Managing a rental property can be time-consuming and stressful, especially if you have multiple properties or live far away from the ones you rent out.
Knowing the benefits of hiring a property manager, such as their expertise in managing tenancy agreements, handling repairs and maintenance, and navigating legal requirements can help landlords make informed decisions about managing their rental properties.
One last thing: before you put your property on the rental market, a good idea would be to call the best end of lease cleaners to bring your property up to the highest standards required.
Conclusion
Landlords in Australia have significant responsibilities when renting out their properties.
You can guarantee a positive and lasting relationship with your tenants by adhering to legal requirements, maintaining excellent communication, and proactively addressing issues and concerns.
Ensure you maintain accurate records of your income and expenses for tax reasons, and obtain professional advice if you have any questions about your situation.
Daily Bulletin
