Residential tenancy

Residential tenancy is the letting of part of a property for residential purposes. In some respects, residential tenancies are similar to the rules governing tenant-owned property.

There is legislation regulating residential tenancies, which is largely protective legislation in favour of the tenant. These rules mean, among other things, that certain specific reasons, such as non-payment of rent by the tenant, unauthorised subletting of the rented property or disturbance of neighbours by the tenant, are required for a tenant to be forced to vacate the rented property, which is known as security of tenure.

In the event of a termination of the tenancy agreement, the termination must be referred to the Rent Tribunal, which decides whether the tenancy agreement should be terminated.

The Rent Tribunal also examines other issues between landlord and tenant, who are often represented by the Tenants’ Association. Examples of disputes that can be heard by the Rent Tribunal are when the parties cannot agree on the rent, disputes about maintenance and repairs to the property and the authorisation of subletting.