Courts and Tribunals Tasmania

Tenancy - For Tenants

Under the Residential Tenancy Act 1997 the Magistrates Court has responsibility to hear disputes and to make orders dealing with all residential tenancy matters. These are dealt with in the Civil Division as a Minor Civil Claim.

This leaflet is intended to assist tenants in their dealings with the Court and sample claims are available to help you provide the information needed by the Court.

Courts Powers

  • Under the Residential Tenancy Act the Court may make orders for:
  • vacant possession;
  • payment of arrears of rent;
  • compensation for destroyed or damaged property;
  • termination of a tenancy;
  • the owner to carry out reasonable repairs;
  • uphold or dismiss appeals from the Residential Tenancy Commissioner; and
  • unreasonable rental increases to be reduced.

Ending a Tenancy - sections 38, 39, 40 & 41

  • Tenants are able to end a tenancy where:
  • Repairs have not been done within 28 days of the owner being notified and the repairs are not to damage caused by the tenant (see below); or
  • The owner has breached the tenancy agreement; or
  • The tenancy is not for a fixed period.

Notices of Termination - sections 38, 39 & 40

A tenancy must be ended by serving a Notice of Termination unless the owner has agreed otherwise. To be valid there must be 14 clear days notice before action is taken i.e. a Notice served on the 1st of the month should advise the owner the property will be vacated by the 16th of the month.

To be valid a Notice of Termination must also contain the following information:

  • the date of serving the notice;
  • the tenants name;
  • the owners name;
  • the address of the rented premises;
  • detailed and valid reasons for wanting to end the agreement; and
  • the date on which the notice takes effect.

If the notice is not filled out completely and all the information included then it will be invalid and the tenancy will not be ended.

Urgent Termination of Leases - section 41

You may apply for an order for urgent termination of a tenancy agreement (there is no 14 day waiting period) if the owner has or is likely to cause:

  • serious damage to the premises or contents; or
  • physical injury to you or another party or occupant of the premises.

Simply saying that the owner may injure you or the property is damaged will not be enough to satisfy a Magistrate that the problem is urgent. Your claim you should include details of any threats, damage, or physical injury, together with dates they were made or occurred.

Owner Application for Vacant Possession Order - section 45

If you have not vacated the property after receiving a notice, the owner can make an application to the Court for vacant possession. You can attend Court to dispute claims made by the property owner in support of the application for an order.

The application must be served a reasonable time before the Court hears the Application. The Court may make an order if (and only if):

  • the notice was properly given (and had all the required information in it);
  • the reason for the notice was genuine or just;
  • vacant possession has not been delivered;
  • the application has been served a reasonable time beforehand.

Order for Repairs to Property - section 32

The owners must maintain the property as near as possible to the same condition as at the start of the tenancy (reasonable wear and tear excepted). Within 7 days of a problem occurring you must tell the owner, who then has 28 days to do any repairs.

If the repair work is not done then you may apply to a magistrate for an order that the owner carry the repairs providing the need for these is not your fault. Your claim form must:

  • provide details of the repairs requested;
  • include a copy of the tenancy agreement; and
  • include a copy of your Notice to the owner, or agent, requesting repairs.

Return of Security Deposit, Appeals - section 30

Tenants and property owners may appeal to a Magistrate against a decision by the Residential Tenancy Commissioner about the return of a security deposit. The appeal must be made within 7 days of the Commissioner’s decision.

The appeal must be made against the owner or agent (not the Commissioner). Details of the dispute and the reasons for the appeal must be given. It will be a new hearing which allows you to call witnesses and present any other evidence.

Unreasonable Rental Increase - section 23

Tenants who believe an increase in rent is excessive may apply to the Court for an Order that the increase is unreasonable. Your claim must contain details of:

  • the general level of rents for similar properties in the area;
  • a copy of the tenancy agreement;
  • a copy of the notice of rent increase; and
  • any other relevant information.

The information provided on this page is for your assistance in dealing with the court and is not legal advice. A solicitor should be consulted if you need legal advice.