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Accommodation providers

If you are an accommodation provider, you should be aware of the following:

Rules should not impose any obligations on people staying at apartments during Schoolies that would not be imposed on residents at other times of year. It's about drafting appropriate year-round rules. For example, you can only charge schoolies a bond if this is normal practice for all tenants.
Provide customers with house rules before their stay, not at check-in.
Rules should not have the potential to result in harsh or unfair consequences for tenants. Rules should state behaviour that will result in eviction and include an eviction warning process.
Eviction of tenants should only take place in extreme circumstances. Warning processes should be implemented.
Room inspections can only occur if they are stated in your house rules and the customer has signed consent to the process.
Apartments must have an accessible complaint-handling and dispute-resolution process available for tenants, as required under the Code of Conduct for resident letting agents under the Property Agents and Motor Dealers Act 2000.

Examples of rules which offend fairness, or risk resulting in harsh consequences include rules that:

only apply to young people or schoolies
prohibit all glass from being brought in (if you need to stop tenants from bringing specific types of glass in all year round, be very specific)
allow random inspections without consent of tenants
are blanket statements that mean a breach of any rule (irrespective of how minor or trivial) will result in eviction
purportedly enable an apartment manager to evict all tenants staying in an apartment for the conduct of one tenant
impose greater restrictions during Schoolies on the numbers of guests and times within which guests are able to visit apartments than other times of the year.
seek to make tenants liable for damage to common areas, irrespective of who caused the damage or in circumstances where the damage was a result of fair wear and tear
seek to impose a charge or fee on tenants if guests are in apartments after the stipulated "no guests" period
prevent visitors from accessing public areas, for example, pool or garden
state that where any person under the age of 18 is found to be under the influence of alcohol, they will be evicted and/or their parents and/or the police notified.

The Office of Fair Trading will undertake checks to ensure resident letting agents are complying with the Property Agents and Motor Dealers Act 2000 and especially the Code of Conduct regulations.

More information on your rights and responsibilities as an accommodation provider are available in the 'Resident Letting Agents Good Business Guide'. Visit the Office for Fair Trading or call 13 13 04.

Last reviewed: 29 September 2009