Parties' rights disputes
A landlord or rooming house proprietor may apply to SACAT for an order requiring the tenant or resident to remedy any breach of the Residential Tenancies Act or to clarify the parties' rights and obligations during the course of a tenancy or agreement. A tenant or resident may do the same.
This happens when the non-breaching party wants the agreement to continue but also wants the problem to be fixed (and they may also want compensation).
Examples where this might happen include:
- Breaches by a tenant or resident:
- unauthorised alterations made to the propery by a tenant or resident
- other people living in the property without the landlord or proprietor's approval
- pets permitted at the property without the landlord or proprietor's approval
- damage caused by the tenant or resident, or failure to keep the property reasonably clean.
- Breaches by the landlord or proprietor:
- attendance at the property without having served a notice for inspection
- failure to carry out repairs to defects reported by the resident or tenant
- failure to lodge a tenant's security bond
- failure to provide proper receipts for rent.
A residential park owner or operator generally has the same rights in these situations as the landlord or proprietor and a residential park resident has the same rights as those of a tenant.