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Residential tenancy law and practice in Tasmania

Wanda Buza

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Abstract

One of the major findings of the Australian Government Commission of Inquiry into Poverty (1975) was, that in the area of residential tenancies, the body of landlord tenant law throughout Australia afforded very little protection to the tenant. During the late 1970's a number of Australian states commenced the process of introducing reforms for the purpose of regulating the legal relationship between landlord and tenant. As a result of that program, the last decade has seen all Australian states (except Tasmania) introduce new residential tenancies legislation. The variety of responses has included the introduction of new codes, which set out in statutory form, the rights and duties of the parties during the tenancy agreement, and the establishment (in some States) of new specialist tribunals to hear disputes between parties to a tenancy contract. The purpose of this thesis is to evaluate the practical and legal effect of the current body of landlord tenant law in Tasmania. The thesis considers the Residential Tenancies Acts in other Australian states, and makes a number of recommendations concerning desirable changes to the law in Tasmania.

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One of the major findings of the Australian Government Commission of Inquiry into Poverty (1975) was, that in the area of residential tenancies, the body of landlord tenant law throughout Australia afforded very little protection to the tenant. During the late 1970's a number of Australian states commenced the process of introducing reforms for the purpose of regulating the legal relationship between landlord and tenant. As a result of that program, the last decade has seen all Australian states (except Tasmania) introduce new residential tenancies legislation. The variety of responses has included the introduction of new codes, which set out in statutory form, the rights and duties of the parties during the tenancy agreement, and the establishment (in some States) of new specialist tribunals to hear disputes between parties to a tenancy contract. The purpose of this thesis is to evaluate the practical and legal effect of the current body of landlord tenant law in Tasmania. The thesis considers the Residential Tenancies Acts in other Australian states, and makes a number of recommendations concerning desirable changes to the law in Tasmania.

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Available abstract

One of the major findings of the Australian Government Commission of Inquiry into Poverty (1975) was, that in the area of residential tenancies, the body of landlord tenant law throughout Australia afforded very little protection to the tenant. During the late 1970's a number of Australian states commenced the process of introducing reforms for the purpose of regulating the legal relationship between landlord and tenant. As a result of that program, the last decade has seen all Australian states (except Tasmania) introduce new residential tenancies legislation. The variety of responses has included the introduction of new codes, which set out in statutory form, the rights and duties of the parties during the tenancy agreement, and the establishment (in some States) of new specialist tribunals to hear disputes between parties to a tenancy contract. The purpose of this thesis is to evaluate the practical and legal effect of the current body of landlord tenant law in Tasmania. The thesis considers the Residential Tenancies Acts in other Australian states, and makes a number of recommendations concerning desirable changes to the law in Tasmania.

Key concepts: Leasehold estate, Landlord, Statutory law, Legislation, Freehold, Business, Commission, Law

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