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A person may enter into a written Residential Tenancy Agreement in order to rent in the Northern Territory. The agreement may be oral or in writing, although it is strongly recommended that tenants enter into a written agreement which will provide a clear record of your rights and obligations as a tenant. A Residential Tenancy Agreement is a contract that will state the terms of your rental, such as the duration and rent payable.
A Residential Tenancy Agreement is a contract that will state the terms of your rental, such as the duration and rent payable.
A person may rent if they are 16 years of age or older. A person aged 16 to 18 years will be bound by a Tenancy Agreement, so long as the agreement is not harsh or unconscionable.
A family has a legal responsibility for the children until they are 18 years of age. Your family has the responsibility of ensuring that you have a safe place to live. If you leave home before you turn 18, Your family may seek assistance from the police or the Territory Families Northern Territory Government to have you return home. Whether you are likely to be required to move back home will be dependent upon many factors. You will not be required to return home if it is unsafe for you to do so.
A landlord cannot discriminate against a potential tenant on the basis of age. A landlord may, however, have a number of reasons for rejecting an application for tenancy. It may therefore be difficult to prove that you have been discriminated against on the basis of age. You may lodge a complaint with either the Northern Territory Anti-Discrimination Commission or the Australian Human Rights Commission if you believe you have been discriminated against.
People under the age of 18 sometimes have difficulty finding a landlord that is willing to rent them their property. They may be worried that you will damage the property or cannot afford the rent. Here are some things to include in an application for rent that may help your application:
A landlord may ask you to pay up to 4 weeks rent as a Bond upon entering into a lease. This will provide the landlord with security in case you breach your rental agreement, in certain ways, such as by not paying your rent. The landlord is required to deposit the bond into a bank account and immediately give you a receipt. Your landlord will hold the money until a claim is made for the bond to be paid. Your landlord can ask you to pay up to 4 weeks rent as a Bond. Your landlord can also ask you to pay up to 1 payment periods rent in advance, for example, 1 week or 1 month worth of rent depending on how often you pay your rent., so make sure you budget for these costs. This is often called a ‘holding deposit’.
The landlord must return your Bond within 7 business days after you have left give you back your bond of you vacating the premises. However, they may deduct the following from your Bond:
The landlord can only deduct money from your Bondbond only if a condition report relating to the premises had already been accepted by the tenant. The landlord cannot deduct money to repair damage which is the result of “reasonable wear and tear”.
Damage that you may be responsible for includes:
If you don’t get your Bond bond back after 7 days of leaving the property or you disagree with the amount you have been given, apply to the NTCAT for the return of some or all of your money.
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The landlord must make sure the property is reasonably clean, do what’s reasonable to provide quiet enjoyment of the property and make sure the property is in good repair.
Tenants must allow the landlord to enter when they have the right to, not cause a nuisance or disrupt neighbours, avoid damaging the property and common areasnot damage the property or allow damage by anyone you allow on your property, tell the landlord as soon as possible if the property is damaged, keep the property in a reasonably clean condition and not make changes to the property without permission from your landlord.
If either you or your landlord do not do all the things you are responsible for, the other person can may be able to terminate the tenancy, or request compensation. or apply for a Tribunal order to make the person in breach fulfil their responsibilities. Even if your landlord fails to fulfil their responsibilities, you should keep paying rent, otherwise they may be able to terminate your rental agreement.
Landlords can increase your rent if your tenancy agreement allows them to do so but there are certain rules they must follow. If they do not follow the rules, then you do not have to pay the increase and. The rules are:
You can challenge the rent increase by making a request to the Northern Territory Civil and Administrative Tribunal (must make a request within 30 days after the landlord let you know of the increase). However, if the landlord complies with the rules above, you should pay the increased amount even if you are in the middle of challenging it. If your challenge is successful, your landlord may be made to return your money.
If you are 14 days or more late on rent, your landlord may notify you and give you at least 7 days to pay. If you do not pay in that time, your Landlord can apply to the tribunal to terminate the tenancy.
Co-tenancy is when there are two or more tenants who have signed the same lease. If you are Co-Tenants then you will be Jointly and Severally Liable under that agreement. This means that if you leave before your lease is up but your name remains on the tenancy agreement, then you may still be liable for the rent payments., therefore You should make sure that you let your landlord know in writing if you leave, so your name can be removed from the lease. Your responsibilities as a Co-Tenant include:
Therefore you can be sued required to pay for payment of rent and damage to the property and/or be evicted even if you haven’t done anything wrong.
Sub-tenancy is when one or more of the tenants are the Head-Tenant and the others are the Sub-Tenant. Only the Head-Tenants’ name(s) will be on the lease. The Head-Tenant is responsible for all the actions of the Sub-Tenant. The Head-Tenant becomes the landlord for the Sub-Tenant and will be responsible for all the things a landlord is responsible for. A tenant cannot sub-let the property without the landlord’s written consent.
You may end your tenancy agreement if your landlord agrees to end the agreement, your Landlord agrees to you assigning the agreement to someone else, the premises are uninhabitable, you find public housing, or by giving 14 days the correct notice to your landlord or real estate agent.
You may apply to NTCAT to have your tenancy agreement ended if your landlord has breached the agreement and failed to fix that breach within 7 days of you telling them of the breach, where your Landlord has committed a serious breach of the agreement, and for undue hardship.
The landlord must store any goods you leave behind in a safe place. Within the first 14 days of storage, the landlord must give you notice that you have left something behind. You can collect your goods by paying the landlord what it cost them to notify you and to store the goods for you. The landlord can sell your goods 30 days after they took back the property.
Blacklisting is a process that involves a tenant being added to a tenancy database. A Tenancy database may include information about you as a tenant that might make it harder for you to rent a property in the future. Information can only be added if it is based on sound evidence and isn’t hearsay. For example, unsubstantiated rumours cannot be included on the database.
A landlord considering your application who comes across your name on a database must tell you they saw the information and give you details about the listing.
You can request the Tenancy database listing to be changed or removed. Write to your landlord using this sample.
If that doesn’t work, you can write to the database operator saying you believe the information is incomplete or inaccurate. If that doesn’t work either, you can appeal to NTCAT. Although costly, you can also take the matter to the local court as a last resort. The local court has the power to make a specific order or to stop the database from listing your information.
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