InAustralia, the legal instrument is known as Landlord-Tenant Law. Alandlord is a person who owns a piece of land or a building andleased it, wholly or partially to another individual known as thetenant. In this sense, landlords and tenants draw their legal rightsand obligation from the Landlord-Tenant Law or any other leaseagreement that is relevant. IN Australia, each state has own landlordand tenant law, but the “The Residential TenanciesRegulations 1995, provides a general framework in this respect.
Landlordlegal rights and obligation
Landlordspreserve legal right to set rent, but which is capped by prevailingmarket prices (Hazel, 2014). contextually, Larry exercised thisright as he set the rent at USD800 per month and potential tenantswould have to adhere to this rent profile. In addition, the landlordhas the right to receive the actual rent on the actual date it wasdue and this satisfied as Rogers consistently paid his rent on time.Landlords preserve the right to receive any charges that his propertymay attract either concerning taxes or duties. Moreover, landlordshave the right to review the rent on an annual basis. In this case,the rent amount of USD 800 that was earlier agreed by the two partieswould remain as so for the next one year, upon which Larry woulddecide to review it, should Rogers continue his tenancy status.Besides, the landlords can terminate the tenancy during the first sixmonths of stay, and the law does not oblige e him or her to justifythe action (Nicola, 2015). The landlords can has the right know whoordinarily resides in his or her property but in this case, Larryknew Rogers knew each other right from the beginning. The landlord,such as Larry, has the right to be informed of any repairs that maybe needed and be given access to carry out any repairs, rights thatwere exercised when Rogers informed Larry bout the repair noticedduring the rains. Landlords are also required to ensure that his orher property met Building Energy Rating (BER), ensure the client isregistered with PRTB, and ensure that the property maintains qualitythreshold (Nicola, 2015). In this, Larry never ensured this as thehouse started leaking from the onset. The landlords should alwaysensure the property meets all quality standards reimburse the tenantfor costs one would have undergone in making repairs. The landlord isalso obliged to ensure he or she has a working medium ofcommunication, an obligation that Larry observed in that Rogers wasable to call him successfully several times. The landlord is obligedto give tenants 28 days of rent review, provide them written andvalid notice of termination of their tenancy status and return rentdeposits if the tenant conducted no damages.
Thetenant is entitled to a peaceful environment (warranty ofhabitability) that meets minimum threshold standards and a rent book(Steph, 2015). This was ensured as Rogers neighborhood was quiet andneighbors were friendly. It is also the right of the tenant tocontact the landlord at any reasonable times and Rogers exercisedthis right as he called Larry whenever the issues herein occurred.Moreover, the landlords can only gain legal access to tenant’shouse with direct authority from the tenant and which should havebeen arranged previously but Larry contravened this right as he neversought admission permission into the house from Rogers, prior. Thetenant is also allowed to have visitors unless the tenancy agreementforbids so. The tenant reserves the right to make a formal complaintthe Private Residential Tenancies Board (PRTB) without beingprejudiced by such an action. Further, the tenant should be informedabout the home energy usage, as per BER provisions as presented bySteph (2015), but Larry violated this right as he never informedRogers in this respect.
Rogers,as a tenant t, was obliged to pay his rent on time, an obligation hefulfilled as he own-red his monthly payments on time. Further, he orshe should pay any other charges specifies in the tenancy contractand ensure that the house is in good order, thus, he or she cannotcommit any damages (Nicola, 2015). A tenant is also obliged to informthe landlord id repairs are needed, an obligation that Rogersfulfilled diligently as he constantly enquired from Larry when hewould come to make repairs. The tenant, such Rogers, is required toensure that the landlords do not breach the law during theirinteraction. The tenant is obliged to give the landlords accuratedetails to be registered with PRTB and in case that tenant wants toterminate the tenancy agreement, he or she should inform the landlordas provided for in ResidentialTenancies Authority(2016).
Both,the tenant and Landlord had legal obligations to mitigate the damagesfrom their point of responsibility, as provided for in the under theframework of “mitigating the harm”. This structure sets that if atenant establishes that a rental property needs repairs, it is his orduty to report the matter to the landlords, who is obliged to makethe necessary repairs. I retrospect, if the tenant does communicateproactively, he or she can he held liable for any increased damagesthat may accrue (Steph, 2015). Larry was informed about the damageand tactic fully avoided the repairs, so in this sense, he shouldmake the repairs needed to make repairs. However, Rogers should ownerrepairs that he caused with the baseball bat given that he acceptedmaking the damages. However, Larry can argue that Rogers caused alldamages, so he Rogers should pay for their repair, but it would havebeen his responsibility to ascertain the degree of the damage when hewas first contacted. His argument may be insufficient.
Larryhas no right to evict Rogers in that there are specific instancesthat mandate the landlord to evict a tenant such as Rogers asconceptualized by Kevin (2013). If Larry would want to evict Rogerson the basis of damaging the wall, there are specific guidelines tothis effect. Larry should give him “Three-day-Notice” to repairthe damages (cure) or quit. If the “Three-day-Notice” lapseswithout the tenant mitigating the harm, the landlord can seek redressfrom a court to evict the tenant. If the landlords obtains thejudgment, the tenant must quit or be forcefully evicted. This onlyapplies in instances that huge by magnitude, and the damage thatRogers committed is a minor one, which that can repaired and which ifRogers does not own up to, Larry has the legal right to keep some ofthe rent deposit as captured by Kevin (2013).
Rogershas a legal obligation to pay for the damage he caused in that it iscase of “material breach”. It was his responsibility to ensurethat the unit remained in the order Rogers found it. Rogers causedthe damage (not wear and tear) and as such he is under legalresponsibility to make the repairs out of own volition or thelandlords can seek redresses in a tribunal. If the tribunalestablishes that sufficient grounds are tying the tenant to thedamage, he or she can be fined up to USD 2500. Larry cannot be helddirectly responsible for the damage in that there is no relationshipbetween the damage caused by Rogers and the leakage. As a matter offact, Rogers should make a separate formal complaint against Larryfor neglect.
Bell,K. (2013). Protecting Public Housing Tenants In Australia From ForcedEviction: The Fundamental Importance Of The Human Right To AdequateHousing And Home. MonashUniversity Law Review,39(1),1-37.
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Field,N. (2015). Become a landlord. Money(Australia Edition),(175), 60-62.
NASH,S. (2015). Tenant`S survival guide. Money(Australia Edition),(184), 54-56.
ResidentialTenancies Authority.(2016). Notice to leave (Form 12).(2016). Retrieved 15 March 2016, fromhttps://www.rta.qld.gov.au/Resources/Forms/Forms-for-general-tenancies/Notice-to-leave-Form-12