The lack of a written agreement does not mean the law doesn’t apply to you.

When phoned for a reference for a prospective tenant, a property owner told me she didn’t have a written agreement with the tenants. She had told them they could rent her house but had to be out by the end of winter. Some landlords believe verbal agreements mean they don’t have to stick to laws such as having to give notices to vacate or the tenants’ rights to roll onto a periodic tenancy when the fixed tenancy ends.

I have also met landlords who ask if the Healthy Homes Act applies to them as they are private landlords not an agency. Yes this law applies to all rented properties not only the ones managed professionally.

Section 13 of the Residential Tenancies Act 1986 states that tenancy agreements must be in writing and must be signed by both parties. Fines of up to $2000 are payable for failing to do this.