Q and A: My real estate agent is trying to increase the rent. Can they do this?

This all depends on your agreement (aka. your lease). If you have a fixed term agreement (current lease) the rent cannot be increased unless a 'special term' in your agreement states. This special term will include the amount of the increase or how the increase is to be worked out. In this case your lessor/agent/owner must give you notice in writing before increasing the rent. Usually around one month - depending on the laws in your state.

Although, if you do not have a current lease you will most likely be on a periodic agreement. In this situation the rent can be increased at anytime. The lessor/agent/owner must give notice in writing before increasing the rent. Usually around 2 months - depending on the laws in your state.

If your lease expires and is not renewed your rent can be increased at anytime. Moral of the story - make sure your lease is current!

If you think your rent increase is excessive you should contact your State Authority for advice.

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Q and A: The real estate agent has advised me that I am not obiding by the body corporate by-laws. What are by-laws?

Body Corporate By-laws are rules in relation to the presentation of the property, noise, parking, visitors, keeping pets etc. The by-laws form apart of your Tenancy Agreement.

The owner/lessor/real estate agent must provide you with a copy of the by-laws when you sign the Tenancy Agreement at the beginning of the tenancy.

If you moved into an existing share house and where not living at the property at the beginning of the current lease talk to your housemate or contact your real estate agent to get a copy.

Q & A: I have an existing lease. Do I have to get permission before my new housemate can move in?

Yes. The owner of the property has the right to know and approve people living in their property. You must contact the lessor/agent/owner about any tenancy changes and you will have to get your new flatmate to complete a Rental Application Form before they move in.

It is essential that the lessor/agent/owner is notified each time tenancy changes occur. It is also in your best interest to add your new housemate to your existing lease for your own protection. So all tenants are responsible for payment of rent and payment of any compensation owned - if the Tenancy Agreement is breached.

If the lessor/agent/owner refuses to accept your housemate's application, you can apply to your State Authority's Dispute Resolution Service. Although keep in mind that most real estate agents will do a though review of the application and check any tenancy databases (ie. Tica) for any tenancy defaults - such as unpaid rent. So, if your new housemate's application has been refused there is probably a very good reason.