Full house – not a winning hand

Spring 2017

Tenants are risking breaching their tenancy agreement by having too many sharing a house intended to accommodate a limited number.

The tenancy agreement is a binding contract between the property manager/owner and tenant/s whereby it is agreed how many people would occupy the premises.

The tenant/s undertake to limit the amount of people in the house, and the property manager/owner has the right to know and approve of the people living in the property. The approval has to be given in writing.

So, tenants should think about the ramifications of inviting mates/girlfriends/boyfriends/relatives/etc. to live in their rental property without seeking approval from the property manager/owner.

Overloaded properties can also flout local council by-laws and attract attention of authorities such as the Fire Brigade.

If the premises was overloaded the property manager/owner could seek the eviction of the tenants.

If the property manager/owner hasn’t approved the number of people on the lease agreement, they can issue a Notice to Remedy Breach (Form 11) to the tenant.

The RTA’s dispute resolution service or the Queensland Civil and Administrative Tribunal (QCAT) is also available to settle disputes.