澳洲背包客各州租房相關須知 - Relevant Information on Tenancy for Backpackers in Australia ««« 查看完整圖文版

2009-02-25, 01:11
Hereinafter the tenancy information is categorized by Australian States, for current and prospective tenants who are searching for relevant authority, applicable forms, complaint lodgment, and other rental matters.

NSW 新南威爾
相關單位: Department of Commerce, Office of Fair Trading http://www.fairtrading.nsw.gov.au/Tenants_and_home_owners/Renting_a_home.html
總導: http://www.fairtrading.nsw.gov.au/Tenants_and_home_owners/Renting_a_home/Before_you_move_in.html
押金: http://www.fairtrading.nsw.gov.au/Tenants_and_home_owners/Renting_a_home/Bonds.html
分租資訊 http://www.fairtrading.nsw.gov.au/Tenants_and_home_owners/Renting_a_home/Sharing_a_rented_home.html
終止合約: http://www.fairtrading.nsw.gov.au/Tenants_and_home_owners/Renting_a_home/When_you_move_out.html
排解糾紛: http://www.fairtrading.nsw.gov.au/Tenants_and_home_owners/Renting_a_home/Resolving_renting_problems.html

NT 北領地
相關單位: Consumer Affairs http://www.nt.gov.au/justice/consaffairs/res_tenancies.shtml
總導: http://www.nt.gov.au/justice/consaffairs/documents/Residential%20tenancies/renting_guide_0408.pdf
押金: http://www.nt.gov.au/justice/consaffairs/documents/rt040101_sec_bonds_000.pdf
分租資訊: http://www.nt.gov.au/justice/consaffairs/documents/Share_Houses_000.pdf
提前終止合約: http://www.nt.gov.au/justice/consaffairs/documents/Breaking_a_lease_early.pdf
排解糾紛: http://www.nt.gov.au/justice/consaffairs/documents/rt020101_disputes_000.pdf

QLD 昆士蘭
相關單位: RTA (Residential Tenancies Authority) http://www.rta.qld.gov.au/
相關表格: http://www.rta.qld.gov.au/e_forms_for_tenants.cfm
押金: http://www.rta.qld.gov.au/rental_bonds_section.cfm
分租資訊: http://www.rta.qld.gov.au/share_houses.cfm
排解糾紛: http://www.rta.qld.gov.au/resolving_disputes_2.cfm

SA 南澳
相關單位: OCBA (Office of Consumer and Business Affairs) http://www.ocba.sa.gov.au/tenancies/
相關表格: http://www.ocba.sa.gov.au/tenancies/res/leaseagreements/index.html
押金: http://www.ocba.sa.gov.au/tenancies/res/bondrent/index.html
終止合約: http://www.ocba.sa.gov.au/tenancies/res/leasetermination/index.html
分租資訊: http://www.ocba.sa.gov.au/tenancies/rooming/index.html

VIC 維多利亞
相關單位: Consumer Affairs Victoria http://www.consumer.vic.gov.au/CA256EB5000644CE/page/Renting-Tenants?OpenDocument&1=910-Renting~&2=10-Tenants~&3=~
總導: http://www.consumer.vic.gov.au/CA256EB5000644CE/page/Renting-Tenants-Deciding+to+Rent?OpenDocument&1=910-Renting~&2=10-Tenants~&3=10-Deciding+to+Rent~
押金: http://www.consumer.vic.gov.au/CA256EB5000644CE/page/Renting-Tenants-Rental+Bonds?OpenDocument&1=910-Renting~&2=10-Tenants~&3=20-Rental+Bonds~
二房東資訊: http://www.consumer.vic.gov.au/CA256EB5000644CE/page/Renting-Tenants-Sharing+a+rental+property?OpenDocument&1=910-Renting~&2=10-Tenants~&3=07-Sharing+a+rental+property~
分租資訊: http://www.consumer.vic.gov.au/CA256EB5000644CE/page/Renting-Share+Houses?OpenDocument&1=910-Renting~&2=70-Share+Houses~&3=~
終止合約: http://www.consumer.vic.gov.au/CA256EB5000644CE/page/Renting-Tenants-Ending+a+Tenancy?OpenDocument&1=910-Renting~&2=10-Tenants~&3=70-Ending+a+Tenancy~
排解糾紛: http://www.consumer.vic.gov.au/CA256EB5000644CE/page/Renting-When+Things+Go+Wrong?OpenDocument&1=910-Renting~&2=80-When+Things+Go+Wrong~&3=~

WA 西澳
相關單位: Department of Commerce, Consumer Protection http://www.commerce.wa.gov.au/ConsumerProtection/Content/Real_Estate/Renting_and_tenancy/Tenants/index.htm
總導: http://www.commerce.wa.gov.au/ConsumerProtection/Content/Real_Estate/Renting_and_tenancy/Tenants/Getting_started.html
押金: http://www.commerce.wa.gov.au/ConsumerProtection/Content/Real_Estate/Renting_and_tenancy/Tenants/Bonds_and_rent.html
終止合約: http://www.commerce.wa.gov.au/ConsumerProtection/Content/Real_Estate/Renting_and_tenancy/Tenants/Ending_a_tenancy.html
申訴表格: http://www.commerce.wa.gov.au/ConsumerProtection/PDF/Forms/CP_Complaint_Form.pdf

Termination 終止合約
One common area of dispute comes from the agreement on lease termination. Either Landlord or tenant giving notice to the other party for terminating a tenancy, such notice must be in writing. One typical good example on what must be included in a notice is from the Fair Trading of NSW:
1. be in writing
2. state the address of premises
3. be signed and dated
4. allow the required period of time
5. given all details/reasons for ending the agreement
6. include a statement about tenant’s rights and obligations in the agreement
7. can be posted or given personally (A notice cannot be stuck to/put under the door)

Notice period, in particular, is not quite straight-forward, as each State has slightly different rules. In general, a tenant cannot end a fixed term tenancy, only if there is a breach from the landlord. Here are some examples:

SA Both landlord and tenant cannot give notice of the intention to vacate prior to the final day of the term. However, tenant may give 7 days notice to the landlord if there is a breach of the agreement, to remedy the breach. Landlord, on the other hand, also may give 7 days notice if there is a breach by the tenant. For non-payment of rent, landlord cannot give notice to the tenant until the 15th day, and tenant has minimum of 7 days pay the rent owing (ie, total of 22 days).

VIC 28 days notice to Landlord, 14 days notice to Tenants. There are 60/90/120 days situation (refer to http://www.consumer.vic.gov.au/CA256902000FE154/Lookup/CAV_Publications_Renting/$file/endingtenancy.pdf)

Even the notice to terminate Periodic Tenancy is not the same. Therefore readers should always refer to the relevant authority for correct information.
SA 21 days
NT 14 days to landlord; 42 days to tenant
WA 21 days

Shared Tenancy 分租
Other potential dispute arises from sharing a rented home. There are three general arrangements which are Head-tenant/Sub-tenant, Co-tenants, and Rooming House tenants.

All states require head-tenant to obtain permission from the landlord first, before sub-letting. Accordingly, any prospective sub-tenants must obtain a proof from the person (who is sub-letting a room to you), of which shows the landlord has agreed such arrangement. The worst scenario is the sub-tenant could be evicted by the landlord has no knowledge of the sub-letting.

Second arrangement is the co-tenancy, where every person who has signed the agreement shares the all the rights and responsibilities of the tenancy. Therefore, other co-tenant(s) is responsible for any damages and rent, when one of the tenants leaves owing money for rent or damages.

Rooming House Tenancy is another common type, which is usually seen as home-stay arrangement. It is recommended that a Rooming House Agreement to be drawn. A copy of the house rules is usually supplied, in which normally covers if the landlord wants you to pay for water supply, electricity, gas, telephone, meals, or other facilities or services. This notice must be given to the tenant by the landlord before the facilities or services are made available. In other words, the landlord cannot charge you for things that you were not told that you would be charged before you used them.

OCBA of SA has listed the rights and responsibilities of the rooming tenants and the landlord:
1. Pay the rent on time
2. Obey the house rules
3. Not use your room, or allow your room to be used, for any illegal purpose
4. Not keep any animals in your room, unless the landlord has agreed
5. Keep your room tidy enough so that there is no fire risk or health hazard
6. Tell the landlord if anything in your room is damaged or if any of your property gets damanged;
7. Allow the landlord to have reasonable access to your room.

1. Not interfere with your quiet enjoyment of your room
2. Not restrict or interfere with your access to facilities at the rooming house
3. Allow you to have access to your room at all times
4. Allow you to have reasonable access to toilet and bathroom facilities
5. Maintain your room and any facilities that you share in a reasonable state of repair;
6. Repair defects, if aware of their existence.

Vic has even gone a step further by asking rooming house owner to provide prospective tenant, a Notice to Proposed Rooming House Resident, which explains the occupancy right when you are renting the room only exclusive to you, OR sharing the room with one or more persons.

Later on, the owner of rooming house can request an increase in room capacity, but the owner must get written consent from all the tenants already occupying the room. The form, Consent to Increase in Room Capacity, must have signatures of all current residents, AND reduction in rent.

The tenant does not have to give consent and you can call Rooming House Service (03)9411 1444, if the owner is pressuring you into giving your consent. Once the consent is given, the owner decides who will share your room and they don't have to inform you, before they put another person in your room.

Bond 押金
Retrieving the rental bond is often an issue for backpackers who usually in shared tenancy arrangement. Normal bond must be lodged with relevant authority, such as Office of Fair Trading in NSW, RTA in QLD, and then is locked in an interest bearing Trust until refund of the bond is requested.
Without formally lodging the bond with the authority, a shared tenant can only rely on negotiation with the head-tenant or landlord based on the signed written agreement. In other words, backpackers in shared tenancy arrangements have very little protection from the authority when a dispute over claiming the bond back is occurred.

It is all come down to the “private” written agreement signed initially in between the parties. The clearer or more details of the conditions on the rental bond (especially the pre-conditions on refund of the bond), the better chance of getting the full amount of the bond back.
Here are some considerations in relation to the bond before signing a written agreement:
1. The bond generally cannot be more than 4 weeks’ rent.
2. When there are more co-tenants sharing the accommodation, it is important that names of all parties appear on the agreement.
3. Photos should be taken around the room and facilities, especially on the already damaged/soiled property or goods, for proof against any unreasonable claims in the future.
4. A receipt or acknowledgment signature on the agreement which should include the date, name, and amount, must be obtained from the head-tenant or landlord.
5. The head-tenant or landlord cannot increase the bond during the lease.

Dispute Resolution 排解糾紛
In the event of dispute, the first step is to carefully read the terms of the tenancy agreement. Self-resolution, meaning resolving the dispute and finally reaching at an acceptable compromise in between both parties, is strongly recommended. Any agreement reached should be put in writing.

When both parties having trouble resolving the dispute, the tenant can seek the following authority first:
NSW Office of Fair Trading. Free advice. 13 32 20
NT Commissioner of Tenancies. 1800 019 319
QLD Dispute Resolution Service of RTA. 1300 366 311
SA Tenancies Branch of Office of Consumer and Business Affairs. (08) 8204 9544
VIC Consumer Affairs of Victoria. 1300 558 181
WA Department of Commerce, Consumer Protection 1300 30 40 54

You will be asked to provide the following documents:
1. Tenancy Agreement.
2. The Entry Condition Report.
3. Bond and rent receipts/records.
4. Invoice for any work carried out at the property, such as maintenance or cleaning.
5. The Exit Condition Report.

It is important that you get in a habit in keeping records of any communication you may have with the head-tenant or landlord. For example, make a written diary entry when you pay or receive rent or discuss a matter of importance such as repairs or maintenance. This will assist you greatly should a dispute arises.


If the dispute is still unresolved, and you feel that it is paramount to win the case, as well as you have a lot of time to kill, and lots of money ready to get wasted, then you can try the applicable tribunal listed below:

NSW Tenancy Division of the Consumer, Trader and Tenancy Tribunal (CTTT). There are prescribed time limits for making applications to the Tribunal for certain orders. For example, in cases where an order is requested regarding broken terms of the tenancy agreement, this order should normally be sought within 30 days of becoming aware of the event.
QLD Small Claim Tribunal. http://www.rta.qld.gov.au/sct_2004.cfm
SA Tenancies Branch of OCBA. Apply for Residential Tenancies Tribunal hearing first.
VIC The Victorian Civil & Administrative Tribunal (VCAT).

No more advice will be provided here. It's obvious that your English ability is good enough if you managed to get this far. Good luck.

NB. Welcome to correct the above information if there is any omissions or errors.

Wish to thank Stephenchiu大 taking up his precious time to finish below immaculate translation work.

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2009-02-27, 08:24




7.必須經過郵寄或是親自交付給對方 (不能只是從門縫下塞進去)















而維多利亞州甚至更進一步,要求房東提供給打算承租的房客,說明與解釋你在承租期間的使用權利。若之後,房東想要增加其它房客的人數,房東必須取得所有已承租人的書面同意,包括所有現行承租人的簽名,並且減少房租。若你迫於房東的壓力要求你作出同意,你只要在房東打算把另一個安排住進你房間的人入住之前,你可以打電話(03)9411 1444給Rooming House Service表示異議。


要求返還押金是一個經常被背包客討論的問題。通常來說,押金必須經由房東提交給相關單位保管,比如在NSW是Office of Fair Trading,在QLD是RTA,然後這筆款項會被交付信托直到被要求返還為止。因此,如果你所付的押金若未被正式地提交給有關當局保管的話,你只能基於雙方簽署的書面合約要求房東或二房東退還押金。換言之,一旦房客與房東之間產生了這方面爭議的話,房客受到有關當局方面的保障是非常渺小的。







- NSW Office of Fair Trading. Free advice. 13 32 20
- NT Commissioner of Tenancies. 1800 019 319
- QLD Dispute Resolution Service of RTA. 1300 366 311
- SA Tenancies Branch of Office of Consumer and Business Affairs. (08) 8204 9544
- VIC Consumer Affairs of Victoria. 1300 558 181
- WA Department of Commerce, Consumer Protection 1300 30 40 54




- 新南威爾斯 Tenancy Division of the Consumer, Trader and Tenancy Tribunal (CTTT). CTTT對於案件的申請有時限性,請特別留意。
- 昆士蘭 Small Claim Tribunal. http://www.rta.qld.gov.au/sct_2004.cfm
- 南澳 Tenancies Branch of OCBA. Apply for Residential Tenancies Tribunal hearing first.
- 維多利亞州 The Victorian Civil & Administrative Tribunal (VCAT).



2011-02-20, 20:50


2011-08-02, 12:19



2011-09-16, 14:01




2012-02-25, 09:53


2012-03-04, 01:29


澳洲背包客各州租房相關須知 - Relevant Information on Tenancy for Backpackers in Australia ««« 查看完整圖文版