The Law Handbook 2024

480 Section 6: Houses, communities and the road control (e.g. damage caused by a burglary) (s 61 RT Act). However, renters are responsible for damage intentionally or negligently caused by their visitors (s 61 RT). If a renter becomes aware of damage to the rented premises, they must give written notice to the rental provider specifying the nature of the damage as soon as practicable (ss 62, 72AA RT Act). The renter can give this notice in the form of a letter or use the Notice to Rental Provider form. Renter’s duty to keep the premises clean A renter must keep their rental property reasonably clean (s 63 RT Act). When a renter moves out, they must leave the property in a reasonably clean condition, taking into account fair wear and tear (s 63). This does not necessarily mean that a renter must get the property professionally cleaned or steam clean the carpets, although rental providers and agents often try to insist that renters do this. What is considered to be ‘reasonably clean’ depends on how long the renter has lived in the property and what state it was in when the renter moved in. There is a new clause in the standard form rental agreement (which took effect on 29 March 2021) that allows rental providers to require a renter to have a property professionally cleaned, or cleaned to a professional standard, in certain circumstances (s 27C(1) RT Act, reg 12)). This only applies if: • the property was professionally cleaned or cleaned to a professional standard immediately before the start of the rental agreement and the renter was advised that this had been done; or • professional cleaning or cleaning to a professional standard is needed to restore the property to the same condition it was in immediately before the start of the rental agreement, taking into account fair wear and tear (s 27C(1) RT Act, reg 12)). As a general rule, leaving the property as the renter found it, apart from fair wear and tear, remains a good guide. Overview of rental provider’s duties If a renter believes that a rental provider is in breach of a RT Act duty provision, the renter may serve the rental provider with a Breach of Duty Notice (s 208 RT Act). Under the RT Act, a renter can serve a Breach of Duty Notice when: • the premises are not vacant and in a reasonably clean condition on the day the renter is to take possession (s 65(1); • the rental provider does not take all reasonable steps to provide quiet enjoyment of the premises (s 67); • the rental provider does not ensure that the premises are maintained in good repair and in a reasonably fit and suitable condition for occupation (s 68(1)); • safety related repairs and maintenance are not completed (s 68A); • the property does not meet minimum standards (s 65A); • gas and electrical safety check records are not kept nor produced on request (s 68B); • the rental provider does not replace an appliance, fixture or fitting that uses or supplies water, electricity or gas when this item needs to be replaced with a replacement that meets the minimum efficiency standard (s 69); • the rental provider does not provide working deadlocks for external doors and locks for the windows, where required by the RT Act, or a key when a lock is changed (s 70); or • the rental provider gives a key to an excluded person or former renter for a lock that has been changed by a protected person under a family violence intervention order or family violence safety notice (s 70A) or a person who has gotten a creation order under section 91W of the RT Act (s 70B). Quiet enjoyment A rental provider must take all reasonable steps to ensure that a renter has quiet enjoyment of their rented premises during the rental agreement (s 67 RT Act). This means that the renter is entitled to enjoy the undisturbed occupation and possession of the premises without interference from the rental provider or from things that are in the rental provider’s power to prevent. This is a broad duty and encompasses breaches of the entry provision under the RT Act. Long-term rental agreement rights and duties A significant difference between Form 1 and Form 2 rental agreements is that the potential scope for compliance orders may be wider. Renters who have long-term rental agreements (i.e. agreements for longer than five years) should seek advice if they