If you are a tenant of Brisbane Housing Company you will have a general tenancy agreement. Your tenancy agreement is a legally binding document for both you and Brisbane Housing Company which states both parties agree to meet the terms of this agreement.

Obligations

A tenant’s responsibilities are outlined in the following documents received at sign-up:

• Your residential tenancy agreement and schedule to this agreement (lease);
• Booklet ‘Information Statement, Renting in Queensland’;
• Communal Rules.

The following is a brief description of those responsibilities which concern tenants most. The tenant’s obligations are listed according to the Residential Tenancies Act 1994.

The tenant is:

• To keep the premises and inclusions clean, considering their condition at the start of the tenancy.
• To pay your rent on time when it is due.
• Not to maliciously damage or allow someone else to maliciously damage the premises or inclusions.
• Not to use the premises for illegal purposes and adhere to all communal house rules for a building.
• Not to cause a nuisance by the use of the premises.
• Not to interfere with the reasonable peace, comfort or privacy of a neighbour.
• To leave the premises and inclusions, as far as possible, in the same condition they were in at the start of the tenancy (fair wear and tear excepted).

Brisbane Housing Company’s Obligations

Brisbane Housing Company has specific obligations to you as a tenant which are requirements under the Queensland Residential Tenancies Act. These requirements are as follows:

• To ensure there are no legal impediments to the tenant occupying the property;
• To ensure the tenant has vacant possession on the day he/she is entitled to occupy the premises;
• To take reasonable steps to ensure the tenant has “quiet enjoyment” of the premises;
• Not to interfere with the reasonable peace, comfort or privacy of the tenant using the premises;
• To provide premises and inclusions, which are clean, in good repair and fit for the tenant to live in;
• To maintain the premises in a way that the premises remain fit for the tenant to live in;
• To maintain the premises and inclusions in good repair and keep common areas clean;
• To ensure any law dealing with issues about the health and safety of persons using or entering the premises is complied with.

Complaints

Brisbane Housing Company Limited (BHC) is committed to providing high quality services for its tenants. If you are unhappy with a service we provide, the Company has a Complaints process which you can use to address the issue. Complaints and other feedback allow us to continuously improve services and relationships between consumers and providers. The Complaints brochure provides details of the process you need to follow if you wish to submit a complaint. Any queries should be initially directed to your Housing Manager.

Starting Your Tenancy

Brisbane Housing Company have selected suitable professional agents to manage properties through an open and transparent process, that ensures high quality tenancy and property management, consistent with the Company’s policies and practices. Housing Managers are responsible for the day-to-day management of the properties including sign-up of new tenants, regular inspections and responding to maintenance issues as they arise. Housing Managers also ensure the Tenant Information Kit, which outlines in detail relevant information, is provided to the household at the start of their tenancy with BHC.

BHC and its Housing Managers work closely together on the management of each building, and meet quarterly to discuss issues and review potential policy changes by the Company. An annual compliance review is undertaken by BHC of each Housing Manager to ensure they are adhering to the BHC policies and procedures.

Communal House Rules are the rules followed by the property in which you live. These rules benefit all people living in the complex and concern items such as noise, behaviour of visitors, damage to communal property and keeping pets. It is a condition of your tenancy agreement that you follow these Communal House Rules.

As part of your tenancy agreement all tenants have special terms and conditions built into the agreement. If the tenant or Brisbane Housing Company do not meet the obligations set out in the special terms and conditions this could be considered a breach of the tenancy agreement.

During Your Tenancy

Your rental statement shows the balance of your account (in much the same way as a bank statement) and lists all charges by the BHC and payments made by you from the start of your tenancy.

You can request a rental statement from your Housing Manager at any time during your tenancy.

When BHC builds its own properties, the first twelve months from the date of practical completion is considered the ‘Defect and Liability’ period. Defects and liabilities are where elements of the new building do not function as they were intended. For example a faulty oven, loose towel rail or poor water pressure. These defects are caused by errors in the construction phase only. Any issues caused by fair wear and tear are considered maintenance.

During this period, BHC relies on the builder to rectify the defects and can only commission its own contractors when it is an emergency and the builder is not available or if by mutual agreement with the builder. New tenants will be advised if the building they are moving into is still within the defect and liability period at the start of your tenancy. Tenants are urged to identify any defects either within your unit or in the building generally during this period so it can be rectified by the builder.

The BHC Transfer Policy ensures that tenants requesting a transfer due to important circumstances are given priority on the Company transfer list to ensure the tenant can be offered, when available, suitable affordable accommodation within the Company’s rental portfolio.

It is understood by the Company that some permanent changes to your circumstances may require you to apply for a transfer to another BHC property. Only permanent changes of important circumstances of your household are used to determine eligibility of a transfer. These circumstances are as follows:

• Domestic Violence;
• Access to Paid Employment;
• Death or Disability of a Member of the Household;
• Continued Rental Affordability.

Only boarding room tenants are exempt from the above and will be considered for transfers to independent accommodation for non-extreme reasons. The following criteria must be taken into consideration before a transfer can be approved:

• Previous rental history with the Company;
• Affordability of rents based on the tenant’s income.

BHC would assess the suitability of all applications based on the information supplied by you in your application and if approved, your details would be entered as a priority on the BHC transfer list. BHC would notify you of suitable vacancies when available. If you are offered a suitable property as a priority on the transfer list and you turn down the property without a legitimate reason then your name will be removed as a priority from the transfer list.

Depending on what property you moved into, some households are required to pay a weekly fee for their hot water and/or electricity usage. These households are generally charged a weekly service charge. Your Housing Manager would have advised you if this was applicable to your home and it would be noted within the terms of your tenancy agreement. If you are unsure if you are suppose to be paying a service charge you should contact your Housing Manager to discuss.

With your assistance, the BHC wants to keep your home in good condition. The BHC asks you to care for your home by taking reasonable precautions to protect the property and follow some basic guidelines. You should:

• Immediately report any damage caused to the property;
• Report problems such as roof and gutter leaks, unsafe stairs, dripping taps, etc;
• If you live in a ground floor apartment, keep gardens tidy and mow the grass regularly;
• Keep balconies clean and tidy;
• Remove and responsibly dispose of all unwanted rubbish;
• Keep walls, floors, kitchen and bathroom surfaces clean;
• Do not flush bulky items, fat or oil down drains or toilets;
• Check for and report any suspected termite (white ant) activity as soon as possible;
• Not attempt to carry out serious repair work such as electrical, plumbing or structural work;
• Check the hot water unit for leaks (overflow pipes will drip from time to time, this is normal); and
• Immediately report gas and water leaks and electrical faults.

The BHC will pay for any maintenance work that has been caused by fair wear and tear. Your home will be inspected before you move in, every three months and when you move out.

Maintenance is carried out in priority of urgency from when you report the problem. BHC staff and/or its contractors may need to access your home to carry out any maintenance. You need to arrange for someone to be home, or make other arrangements. You will always be contacted before any maintenance work is carried out. Staff can enter your home without your permission only if there is genuine emergency, such as fire or serious water or gas leak or storm/flood damage.

As the tenant, you are responsible for the full repair costs for any damage done by yourself or any person you permit onto the property, e.g. visitors. Full details of any damage are photographed and recorded by maintenance staff. Repair costs for damage not caused by fair and tear, will be charged to your account.

Outstanding debts of ex-tenants are referred to debt collection agencies for recovery.

It is not the role of BHC or its Housing Managers to provide support services for tenants. Support arrangements are between the tenant and their support network.

The role of the Housing Manager is to assist tenants in accessing information on available and appropriate support services. Assisting tenants to access information may involve the direct provision of advice, if requested by the tenant. In other cases it may involve providing access to community services, educational and promotional material by displaying this material in common areas.

In order to ensure that tenants can access appropriate material, Housing Managers establish strategies to build and maintain links with a wide range of support agencies within the community. These strategies will include procedures for exchange and updating of relevant information and contacts.

Ending your tenancy

When you wish to end your tenancy with BHC, you will need to ensure that the following is carried out to assist with a smooth transition.

• Give your Housing Manager 14 days written notice that you are leaving;
• Complete a Notice of Intention to Leave (RTA Form 13) form;
• Give your forwarding address to your Housing Manager;
• Ensure your home is clean and tidy;
• Arrange to attend the final inspection on the handover day;
• Arrange to hand back your keys;
• Ensure you pay your rent and maintenance accounts in full.

There are some things you must do prior to leaving a BHC home. Your rights and responsibilities when you finish renting a home are described in the Information Statement (RTA Form 17a) which you received when you signed your tenancy agreement.

Once you have advised your Housing Manager you are leaving, they will:

• Inspect your home on the handover day;
• Finalise your rental account; and
• Send you any rent credit if applicable.

If you owe money to BHC for rent or maintenance costs when you leave the property, you are required to repay it. Your Housing Manager will claim these costs from your bond and use the Court system and debt collectors to recover outstanding money.

Wherever possible it is in your best interests to attend the final inspection of the premises. This allows you to discuss the condition of the property with the person inspecting it and solve any issues that may arise from the inspection. Contact your Housing Manager at least two working days before the inspection.

During the inspection, your Housing Manager compares the condition of the property with the Entry Condition Report that was completed when you moved in. This allows your Housing Manager to see what repairs are needed resulting from fair wear and tear and what repairs are resulting from damaged caused to the home. You will be charged for repairs that did not occur as a result of fair wear and tear as well as cleaning if the home was not left in a clean and tidy manner. These costs will be charged to your account and you will be notified in writing and the cost will be claimed from your bond.

TENANT INFORMATION (click on titles for details)

1.  Who do we house?

2.  How to apply?

3.  How does BHC set its rents and bonds?

4.  Tenant and Property Services

5.  Community Cohesion