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Our founding principle is access to justice and providing an insurance cover that ensures that every individual or business has the right to assert their legal rights, not just those that can afford it

NATASHA GALE
ARAG AUSTRALIA

 

In the last financial year, more than eight in every 10 official tenancy complaints in Victoria and NSW were not from tenants, but from landlords, an analysis of Australia’s tribunal data shows.

In NSW, 83 per cent of almost 70,000 tenancy cases lodged to the NSW Civil & Administrative Tribunal in the 12 months to June 2016 were lodged by landlords, an analysis of tribunal data by comparison website Finder found.

And in the Victorian Civil and Administrative Tribunal, 93 per cent of cases were against tenants.” www.domain.com.au/advice/almost-all-tenancy-complaints-in-victoria-and-nsw-come-from-landlords-not-renters-20170302-gunv5u/

Landlord-tenant disputes in Australia can arise for various reasons, ranging from rental payment issues to maintenance concerns or disagreements over lease terms. By adding ARAG Landlords Legal Expense policy to your standard bricks and mortar Landlord policy, you have all bases covered.

 

Here are some common areas of dispute and how they are typically addressed in Australia:

1. Rental Payment Disputes

These disputes often arise when tenants fail to pay rent on time or landlords increase the rent unexpectedly. In Australia, each state and territory has its own residential tenancy legislation, which outlines the rights and responsibilities of both landlords and tenants regarding rent payments. If a dispute arises, tenants and landlords can seek resolution through negotiation, mediation, or through the relevant state or territory tribunal.

2. Maintenance and Repairs

Disputes may occur when there are disagreements about who is responsible for certain repairs and maintenance tasks. In Australia, landlords are generally responsible for ensuring the property is maintained in a reasonable state of repair, while tenants are expected to report any issues promptly. Disputes over maintenance and repairs can be resolved through communication between the landlord and tenant, and if necessary, by involving the relevant tenancy authority or tribunal.

3. Bond Disputes

At the end of a tenancy, disputes may arise regarding the return of the bond (security deposit). Landlords may seek to make deductions for damages or unpaid rent, while tenants may dispute these deductions. In Australia, bond disputes are typically resolved through the relevant state or territory bond authority or tribunal, which may facilitate negotiations between the landlord and tenant or decide on the matter.

4. Eviction and Termination

Disputes may occur if a landlord wishes to terminate a tenancy or evict a tenant, either due to breaches of the lease agreement or for other reasons. In Australia, landlords must follow specific procedures outlined in the residential tenancy legislation of the relevant state or territory when seeking to terminate a tenancy or evict a tenant. Tenants facing eviction have rights to dispute the termination or seek additional time to vacate the property through the relevant tribunal.

5. Contract disputes

Disagreements may arise regarding the terms of the lease agreement, such as the duration of the tenancy, rent increases, or the interpretation of specific clauses. They can also arise when engaging trades people, purchasing of goods or in some cases with their property manager. Landlords can attempt to resolve these disputes through negotiation or mediation at their own cost! If a resolution cannot be reached, the matter may be referred to the relevant tenancy authority or tribunal for adjudication.

 

In Australia, landlords face several legal challenges and considerations related to managing rental properties. Some of the biggest legal challenges for landlords in Australia are NOT covered by your building insurance.

Navigating these legal challenges requires landlords to stay informed about relevant laws and regulations, maintain clear communication with tenants, keep accurate records, and seek professional advice or legal assistance when necessary.

 
 

ARAG Services Australia Pty Ltd (ABN 14 627 823 198) (ARAG) has been granted delegated authority by the Insurer to enter into, vary or cancel Policies and handle Claims on their behalf. In providing these services, ARAG acts on behalf of the Insurer and not as Your agent. ARAG is authorised to provide financial services in accordance with its Australian Financial Services Licence (AFS Licence number 513547). Any advice provided by ARAG in relation to this product is general in nature and does not take into account Your individual circumstances.
The Insurer is detailed in your policy documents.

All enquiries should be addressed to ARAG.

Any advice contained on this website is general advice only and has been prepared without considering your individual objectives, financial situation or needs. Before purchasing or renewing a product we recommend that you consider if it is suitable for your circumstances and read the policy terms and conditions.