Last week, we wrote to political parties and some independent candidates with 9 asks that we would like them to commit to in the upcoming State Election. Below is what we wrote.

Tasmania currently has some of the weakest rental laws in Australia. Over the last decade, there has been a severe lack of reform, with only 19 amendments having been made to the Residential Tenancy Act 1997 (the “Act”). In the same period in Victoria over 400 amendments have been made. South Australia, the ACT, New South Wales, Western Australia, and Queensland have also undergone significant reform of their respective tenancy legislation.

In August 2023, through National Cabinet, every State and Territory committed to implementing  ‘A Better Deal for Renters’.[1] Some of these reforms have been law in Tasmania for years, including limiting rent increases to once every 12 months and requiring minimum standards for rental properties (though Tasmania’s current minimum standards are woefully inadequate). However, many of the promised reforms remain completely unrealised, including eliminating unfair grounds for eviction, limiting break lease fees and implementing standard application forms.

With around 58,000 rental households,[2] Tasmania urgently needs better rental laws. At the upcoming State Election, we seek your support for the following reforms, which will provide better protection for renters and ensure access to quality, stable and affordable housing for all.

1. Security of Tenure

Require genuine reasons for end of lease evictions

Security of tenure provides continuity in work, schooling and community engagement as well as ensuring that disadvantaged groups avoid further social exclusion. Renters with security of tenure are also able to assert their rights without fear of eviction. Currently, this is not the case, with reports published by CHOICE finding:[3]

• around half of all tenants worry they will be blacklisted from future tenancies; and
• 44 percent of tenants are concerned that a request for repairs could result in eviction; and
• 14 per cent of tenants refuse to stand up for their rights because of the possibility of landlord recrimination.

Evictions also significantly impact renter well-being.[4] Renters are more likely to report poor mental[5] and physical[6] health than non-renters. Children subject to regular forced moves often have disrupted schooling, and as a result are more likely to exhibit anti-social behaviour in later life.[7] Finally, it is expensive to move on a regular basis, with each forced displacement costing a renter on average $4,000.00.[8]

The ability of landlords to evict renters for no other reason than ‘end of lease’ does not mean that they do not have a reason for terminating the agreement. It simply means that the landlord does not need to disclose the reasons to the renter. It opens up renters to the threat of retaliatory eviction (whether actual or implied), it potentially facilitates unlawful discrimination, and it operates to dissuade renters from enforcing their notional rights under the Act.

We strongly believe that if there is no change to the use of the property (such as the owner or family members of the owner moving in, or the property being sold), renters should be able to maintain their tenure unless the landlord can prove that they have breached their residential tenancy agreement. Tasmania has already committed to making this change as part of ‘A Better Deal for Renters’ and it is law in the Australian Capital Territory, New South Wales, South Australia and Victoria.[9]

2. Rent Controls

Limit the amount of the rent increase to CPI and/or a fixed percentage.

Tasmania’s rent control laws are weak. Currently, the Act provides that a landlord can increase the rent by as much as they like provided that the last increase was at least twelve months prior and the tenant has been provided with 60 days’ notice.[10]The only protection against excessive rent increases is that a tenant may apply to the Residential Tenancy Commissioner to determine whether the rent increase is ‘unreasonable’.[11] In assessing the reasonableness of the increase, the Residential Tenancy Commissioner must take into account “the general level of rents for comparable residential premises in the locality” and “any other relevant matter”.[12] With median rents across Tasmania having increased by around $115.00 per week over the last five years (an extra $5800 per annum), a landlord can justify a rent increase of this amount for no other reason than that it is market rent. Or, in the words of the Residential Tenancy Commissioner “the Act does not require or enable me to regulate the market, simply assess rents in line with what the market is currently achieving”.[13]

It is clear that market mechanisms are not working. We strongly believe that rent increases occurring during a tenancy agreement should be subject to controls as is the case in the Australian Capital Territory. In the ACT rent increases are limited to a rate based on inflation. The onus on contesting the rent increase is dependent upon the quantum. If the proposed increase is above the proscribed rate the owner has the onus of establishing that the increase is justified, and if below, the tenant must demonstrate that the increase is excessive.[14] As of November 2024, Canberra was the only capital city in Australia that had affordable rents.[15]

Another model that could be considered is that proposed by the Tenants’ Union of New South Wales (TUNSW) who have recommended that an independent agency or body have the ability to determine rent increase thresholds taking into account stakeholder feedback and other relevant factors.[16] As noted by TUNSW, the advantage of this model is that “this would allow for thresholds that are responsive to local conditions, as well as being able to factor in a range of data and measures – such as general wages and other relevant factors”.[17]

3. Limit break lease fees

When a tenant has to break their lease early, often for medical reasons, relationship breakdowns, or to seek employment, they are generally liable to cover the rent until a new tenant is found, or until their fixed term would have expired. In some cases, this has resulted in renters having to pay the rent on their former property for many months. National Cabinet has called on all States and Territories to cap break lease compensation to a maximum of four weeks rent. Four jurisdictions, namely the Northern Territory, Queensland, ACT and New South Wales have either introduced this reform following the announcement of the National Cabinet commitment or already had the reform in place.[18]   

4. Standard Forms and Lease Agreements

Introduction of Standard Forms and Lease Agreements

Many lease agreements contain provisions that purport to exclude, restrict or modify the operation of the Act. A number of years ago, a review by our lawyers of their files found a number of provisions contained in residential lease agreements that were inconsistent with the Act, including:

• That the renter is responsible for the repair or replacement of whitegoods that came with the property;
• That the renter accepts the property in its current condition;
• That the renter must allow the landlord access to the property to carry out a valuation or appraisal;
• That the renter not cause an annoyance to anyone else;
• That the renter must have the carpets cleaned by a professional cleaning company that has been approved by the landlord.

The lack of standardisation means that many renters believe that they are forced to comply despite the clause/s being unlawful under the Act.

As well, prospective renters often express concern at the different application forms used by landlords and real estate agents with CHOICE finding that 60 per cent of renters surveyed believed that they were required to provide an excessive amount of information.[19]

A number of years ago we carried out a review of all real estate agencies who make their application forms publicly available. Our investigation found that there is information requested of prospective renters in some application forms that may be unlawful. There is also information required that we believe is discriminatory, amounts to an invasion of privacy or is simply unnecessary. Examples include:

• The requirement that prospective renters provide a criminal history check; and/or a credit check;
• The refusal of renters who require Colony 47 financial assistance to pay the bond; and
• The refusal of any prospective renter who has an outstanding debt;
• The requirement that prospective renter list their financial commitments;
• The requirement that prospective renters state their marital status;
• The requirement that prospective renters provide a minimum of four referees.

Much of this information is irrelevant to the tenancy or the ability of renters to maintain the tenancy successfully. Renters who feel uncomfortable about providing information will often contact us requesting advice about their right to refuse. The lack of a standard application form means that there is practically very little that can be done. The renter must provide the information required or face the very real risk that the application will be passed over in favour of someone who is prepared to provide the information.

A standard application form was recommended as part of National Cabinet’s ‘A Better Deal for Renters’ and will significantly reduce the likelihood of unlawful, discriminatory and superfluous information. 

5. Pets

Allowed unless landlord has good reason for their exclusion

Include ‘assistance animal’ in list of exceptions

The Act currently provides that a tenant is not allowed to have a pet without the landlord’s permission.[20] In practice, most lease agreements include a no pets clause meaning that the landlord does not have to give any thought to the renter’s request. As a result, many renters with pets are forced to look for rental accommodation in areas less accessible by public transport or to surrender their pet, with recently released Australian Housing and Urban Research Institute (AHURI) research finding 60 per cent of Australian households have a pet and about 15-25 per cent of surrenders are because their owner cannot find an accommodating rental property.[21] The same AHURI report also cited a study that found that property damage in households with pets was no more likely than damage without pets.[22]

We strongly believe that the Act should be amended so that all renters have the ability to have a pet unless the landlord has reasonable grounds for their exclusion.[23] This is already the law in the Australian Capital Territory, Victoria, the Northern Territory and South Australia.[24]

It should also be noted that the current exclusion of pets from rental properties does not apply to guide dogs.[25] In our opinion, this should be broadened to include ‘assistance animals’.[26] This would make the Act consistent with the Anti-Discrimination Act 1998 (Tas) and the Disability Discrimination Act 1992 (Cth). The failure to expressly include ‘assistance animals’ means that renters who require an assistance animal are being discriminated against by landlords and real estate agents due to a mistaken, but common, belief that an assistance animal is a pet.

6. Sustainable Homes

Strengthen minimum standards and energy efficiency standards

All renters have a right to live in a safe, secure and healthy home with an affordable supply of energy. Sadly, many renters do not live in healthy homes with cold weather in Australia killing at least 2,600 Australians every year.[27]

Recently, a report entitled Cold and Costly – Winter Researchers’ Experiences of Winter 2022 tracked temperatures and humidity in rental properties across Australia.[28] The report found that Australia’s housing stock “is not built to cope with winter cold… [contributing to] higher energy costs, poorer respiratory and cardiovascular health and adverse mental health impacts”.[29]The report noted that the World Health Organisation recommends 18°C as the minimum healthy indoor temperature and yet in Tasmania, rental properties were below the WHO recommendation 21 hours of the day.[30] Finally, research undertaken by the Australian Council of Social Services and the Brotherhood of St Laurence indicates that low-income households spend 6.4 percent of their income on energy, compared to high income households paying an average of 1.5 percent.[31]

We strongly believe that all rental properties should meet basic energy efficiency standards which minimises the amount of energy required to heat or cool a home. Minimum energy standards for rental homes, including insulation, appropriate heating and cooling and draught-proofing, will ensure that residential tenants across Australia benefit from healthier homes and lower power bills.

In Victoria, following recent reforms, all appliances, fittings or fixtures which supply water, electricity or gas must meet minimum efficiency ratings.[32] In the ACT it is now a requirement that all rental properties be fitted with ceiling insulation.[33] And in New Zealand, landlords must install floor, wall and ceiling insulation, where is it reasonably practical to do so.[34]

7. Minor Modifications

Allowed so that mobility aids, child safety gates, picture hooks and showerheads can be installed

Providing renters with the ability to make minor modifications without seeking the landlord’s consent will ensure increased comfort and safety. However, as the law currently stands, renters are unable to affix any fixture to the premises or make any alteration or addition to the premises without written consent from the landlord.[35]

There are three main reasons why renters want to make minor modifications to their homes:

• to make the premises more homely

Renters who are in longer-term tenancies often wish to make the premises feel more homely by making changes such as changing the colour of the walls, installing a vegetable garden or hanging picture hooks;

• to allow for ageing and disabilities

Older renters or renters with a disability may need to affix mobility aids to the walls, or install ramps at their front or back doors;

• to make the premises safer or more energy efficient

Renters may wish to make the premises more energy efficient by installing efficient appliances or safer for children by affixing furniture to the walls or providing greater protection to family violence survivors by installing security cameras.

All Australian jurisdictions allow renters to make minor modifications either without the landlord’s consent or by mandating that a landlord cannot unreasonably refuse.[36] We strongly believe that the law should be reformed to provide that renters can make minor modifications to their homes.

8. Stronger regulation of short-term accommodation sector

Entire properties that are not principal place of residence returned to long-term residential tenants

Airbnb and other short-term accommodation providers must be better regulated. Hundreds of private rental properties have been removed from long-term residential tenants across Hobart with a AHURI report finding that entire properties that are available to rent as short-term accommodation and available to rent for 60 days or more is equal to twelve percent of the entire private rental market in the Hobart City Council municipality; the highest rate in the country and one of the highest rates of any capital city anywhere in the world.[37] Unsurprisingly, the proliferation of short-term accommodation properties in the Hobart City Council municipality and throughout Tasmania has seen rents rise and supply dry up with the AHURI report concluding “even a modest reduction in Airbnb listings (about 17 per cent) is associated with a significant reduction in rents”.[38]

Entire properties should be banned from the short-term accommodation market to encourage owners to return those properties to long-term residential tenants. A more balanced policy would see homeowners able to rent out spare rooms in their own homes whilst returning entire properties to the private rental market.

9. Tenant Advocacy

Funding increase to improve service delivery in North-West Tasmania

The Tenants’ Union of Tasmania currently comprises 4.3 full-time equivalent staff to provide information, advice and representation to renters across Tasmania. Over the last seven years, we have received $75,600 to provide advice and representation in Tasmania’s North and North-West. The only way we have been able to make it work is by running down our reserves.

In 2025-26, we will receive $150,000 which will sustainably fund one lawyer and associated costs (travel, office, stationary etc) in Northern Tasmania. However, the funding is only being provided for 1 year and is not sufficient to meet demand in both the North and North-West of Tasmania.

To provide a sustainable statewide service we require an additional $300,000 in baseline funding from 2026-27. This funding would ensure that we can employ a lawyer dedicated to Tasmania’s North-West as well as providing security for our Launceston based lawyer who only has a funded position until 30 June 2026.

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[1] Prime Minister of Australia, Meeting of National Cabinet – Working together to deliver better housing outcomes (16 August 2023). As found at https://www.pm.gov.au/media/meeting-national-cabinet-working-together-deliver-better-housing-outcomes (accessed 17 June 2025).

[2] According to the most recent Australian Bureau of Statistics Census data, there has been a 11 per cent increase in the number of Tasmanian households renting, from 51,961 in 2016 to 57,762 in 2021: Australian Bureau of Statistics, Tasmania QuickStats. As found at https://www.abs.gov.au/census/find-census-data/quickstats/2021/6 (accessed 17 June 2025).

[3] CHOICE, National Shelter and the National Association of Tenant Organisations, Unsettled: Life in Australia’s private rental market (February 2017). See also CHOICE, National Shelter and the National Association of Tenant Organisations, Disrupted: The consumer experience of renting in Australia (December 2018).

[4] Rachel Ong ViforJ, Ranjodh Singh, Emma Baker, Rebecca Bentley and Jack Hewton, Precarious housing and wellbeing: a multi-dimensional investigation (Australian Housing and Urban Research Institute, Final Report No. 373: February 2022).

[5] John Cairney and Michael Boyle, Home ownership, mortgages and psychological distress, Housing Studies (2004) 19(2) 161-174.

[6] Australian Housing and Urban Research Institute, Do housing conditions make a difference to our health? (AHURI Research and Policy Bulletin, No. 6: April 2002).

[7] Roger Webb, Carsten Pedersen, Pearl Mok, Adverse outcomes to early middle age linked with childhood residential mobility, American Journal of Preventive Medicine (2016) 51(3) 291-300.

[8] Tenants’ Union of NSW, Eviction, Hardship and the Housing Crisis (February 2022).

[9] Sections 92-97 of Schedule 1 of the Residential Tenancies Act 1997 (ACT). Also see section 91ZZD of the Residential Tenancies Act 1997 (Vic); section 81 of the Residential Tenancies Act 1995 (SA); Division 2 of the Residential Tenancies Act 2010 (NSW).

[10] Section 20(3) of the Residential Tenancy Act 1997 (Tas).

[11] Section 23(1) of the Residential Tenancy Act 1997 (Tas).

[12] Section 23(2) of the Residential Tenancy Act 1997 (Tas).

[13] Alexandra Humphries, ‘Residential Tenancy Commissioner rules 70 per cent rent increase “reasonable”’, The Mercury, 24 February 2018.

[14] Section 68(3) of the Residential Tenancies Act 1997 (ACT) sets out the factors that are taken into account including: (a) the rental rate before the proposed increase; (b) outgoings or costs of the landlord in relation to the premises; (c) services provided by the landlord to the tenant; (d) the value of fixtures and goods supplied by the landlord as part of the tenancy; (e) the state of repair of the premises; (f) rental rates for comparable premises; (g) the value of any work performed or improvements carried out by the tenant with the lessor’s consent; and (h) any other matter the ACT Civil and Administrative Tribunal considers relevant.

[15] Rachel Clayton, ‘Rental affordability worst on record, costing more than 30pc of incomes in Sydney and Perth, report finds’, ABC News, 22 November 2024. As found at https://www.abc.net.au/news/2024-11-22/rent-prices-rise-most-unaffordable-in-perth-sydney/104628492 (accessed 17 June 2025). 

[16] Tenants’ Union of New South Wales, The worsening rental crisis in Australia, submission 51.

[17] Ibid at 5.

[18] Section 122 of the Residential Tenancies Act 1999 (NT); section 357A of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld); Section 84 of the Residential Tenancies Act 1997 (ACT) and clause 89A of the ACT standard residential tenancy agreement; section 107 of the Residential Tenancies 2010 (NSW). 

[19] CHOICE, National Shelter and the National Association of Tenant Organisations, Unsettled: Life in Australia’s private rental market (February 2017) at 12. The report can be accessed at https://www.choice.com.au/money/property/renting/articles/choice-rental-market-report (accessed 17 June 2025).

[20] Section 64B of the Residential Tenancy Act 1997 (Tas).

[21] Australian Housing and Urban Research Institute, Housing and housing assistance pathways with companion animals: risks, costs, benefits and opportunities (AHURI Final Report No. 350 at 20). As found at https://www.ahuri.edu.au/__data/assets/pdf_file/0026/66455/AHURI-Final-Report-350-Housing-and-housing-assistance-pathways-with-companion-animals.pdf (accessed 27 February 2024).

[22] Australian Housing and Urban Research Institute, Housing and housing assistance pathways with companion animals: risks, costs, benefits and opportunities (AHURI Final Report No. 350 at 32). As found at https://www.ahuri.edu.au/__data/assets/pdf_file/0026/66455/AHURI-Final-Report-350-Housing-and-housing-assistance-pathways-with-companion-animals.pdf (accessed 27 February 2024).

[23] Examples could include council regulations that excluded backyard chickens or the rules of a body corporate.

[24] Sections 71AE and 71AF of the Residential Tenancies Act 1997 (ACT); Section 65A of the Residential Tenancies Act 1999 (NT); Division 5B of the Residential Tenancies Act 1997 (Vic) and; Division 6A of the Residential Tenancies Act 1995 (SA).

[25] Section 64B(2) of the Residential Tenancy Act 1997 (Tas).

[26] Tenants’ Union of Tasmania, Recognising Assistance Animals in Tasmanian Law (March 2025).

[27] Antonio Gasparrini, Yuming Guo, Masahiro Hashizume, Eric Lavigne, Antonella Zanobetti, Joel Schwartz et al, Mortality risk attributable to high and low ambient temperature: a multicountry observational study, The Lancet Volume 386 Issue 9991.

[28] Joel Dignam and Bernadette Barrett, Cold and costly: Renter Researchers’ Experiences of Winter 22 (Better Renting, Canberra: August 2022).

[29] Ibid at 1.

[30] Ibid at 2.

[31] Australian Council of Social Services, Brotherhood of St Laurence and the Australian National University, Energy stressed in Australia (October 2018).

[32] Consumer Affairs Victoria, Efficiency standards for replacement appliances and fixtures.

[33] ACT Government, ‘Rental properties subject to minimum insulation standards in rental homes’. Media Release, 5 April 2023.

[34] New Zealand Government Tenancy Services, Insulation in rental properties.

[35] Section 54 of the Residential Tenancy Act (1997).

[36] Section 64 of the Residential Tenancies Act 1997 (Vic); section 71AB of the Residential Tenancies Act 1997 (ACT); Section 66 of the Residential Tenancies Act 2010 (NSW); Section 208 of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld); Section 55A of the Residential Tenancies Act 1999 (NT). In South Australia, the Residential Tenancies (Miscellaneous) Amendment Bill 2023 amended section 70 of the Residential Tenancies Act 1995 (SA) to allow minor modifications. The Bill passed both Houses of Parliament in November 2023 and come into force on 1 March 2024. In Western Australia, the Government introduced the Residential Tenancies Amendment Bill 2023 into Parliament. The Bill, which is yet to be debated will allow renters to make minor modifications.

[37] Australian Housing and Urban Research Institute, ‘Marginal housing during COVID-19’ (AHURI Final Report No. 348). As found at https://www.ahuri.edu.au/__data/assets/pdf_file/0027/65970/AHURI-Final-Report-348-Marginal-housing-during-COVID-19.pdf) (accessed 27 February 2024).

[38] Australian Housing and Urban Research Institute, ‘Marginal housing during COVID-19’ (AHURI Final Report No. 348). As found at https://www.ahuri.edu.au/__data/assets/pdf_file/0027/65970/AHURI-Final-Report-348-Marginal-housing-during-COVID-19.pdf (accessed 27 February 2024).

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