Unit rationale, description and aim

The unit will familiarise students with rental laws and practice in Australia. It will provide students with practical skills and knowledge they are likely to use in their personal and professional lives. Students will become familiar with common issues in rental law, and practical strategies for resolving disputes. They will also develop advocacy skills for representing clients in tenancy disputes. The unit aims to equip students with practical skills and knowledge regarding rental law in Australia.

2026 10

Campus offering

No unit offerings are currently available for this unit.

Prerequisites

LAWS104 Foundations of Law and Legal Research OR LCRM107 Introduction to Research for Law, Human Rights and Criminal Justice Studies OR LHRG103 Legal Institutions and Human Rights

Learning outcomes

To successfully complete this unit you will be able to demonstrate you have achieved the learning outcomes (LO) detailed in the below table.

Each outcome is informed by a number of graduate capabilities (GC) to ensure your work in this, and every unit, is part of a larger goal of graduating from ACU with the attributes of insight, empathy, imagination and impact.

Explore the graduate capabilities.

Explain key concepts in Australian rental law.

Learning Outcome 01

Explain key concepts in Australian rental law.
Relevant Graduate Capabilities: GC1, GC3

Apply key concepts and principles of rental law to...

Learning Outcome 02

Apply key concepts and principles of rental law to common areas of dispute.
Relevant Graduate Capabilities: GC2, GC7

Research cases, legislation and secondary material...

Learning Outcome 03

Research cases, legislation and secondary materials to analyse contemporary issues in rental law and practice.
Relevant Graduate Capabilities: GC1, GC10

Apply academic writing, research and analytical sk...

Learning Outcome 04

Apply academic writing, research and analytical skills in Australian rental law.
Relevant Graduate Capabilities: GC2, GC11

Content

Topics will include:

·       The nature and features of a rental agreement

·       Formalities for creating a rental agreement

·       Repairs and maintenance

·       Terminating a tenancy

·       Tenancy law and human rights

·       Rights of entry and quiet enjoyment

·       Homelessness services

·       Reform of tenancy law

·       Coverage and exclusions from tenancy law

·       Advising and advocating in rental law 

Assessment strategy and rationale

The assessment tasks for this unit are designed to assess student achievement of the learning outcomes and graduate capabilities listed below. This unit is assessed by two written assignments and one in-class presentation.

The assessment tasks follow an incremental, progressive approach with the use of various supportive techniques such as tutorial feedback by tutors in the lead up to each assessment and assessment feedback provided for each assessment task.

Students are required to achieve an overall mark of 50 or greater in order to pass the unit.

Overview of assessments

Assessment Task 1: This assessment requires stu...

Assessment Task 1:

This assessment requires students to complete an in-class presentation on an area of tenancy law

Weighting

20%

Learning Outcomes LO1, LO2
Graduate Capabilities GC1, GC2, GC3, GC7

Assessment Task 2: This assessment requires stud...

Assessment Task 2:

This assessment requires students to research and analyse a contemporary issue in tenancy law

Weighting

50%

Learning Outcomes LO2, LO3, LO4
Graduate Capabilities GC1, GC2, GC10, GC11

Assessment Task 3: This assessment requires stud...

Assessment Task 3:

This assessment requires students to demonstrate their knowledge of tenancy law and practice in a range of contexts through responding to short answer questions.

Weighting

30%

Learning Outcomes LO1, LO3, LO4
Graduate Capabilities GC1, GC2, GC3, GC11

Learning and teaching strategy and rationale

This unit will be taught as a 2-hour lecture followed by a 1-hour tutorial, over 12 weeks. Our strategy is to encourage students to actively engage with unit content and their peers; to provide a clear link between lecture content and tutorial practicum to develop skills that bridge the gap between theory and practice. Within an integrated learning framework, lectures will provide core content relating to tenancy law and practice, which will be followed by detailed explanation and further investigation in tutorials.

Through direct interaction between students and teachers, students are encouraged to engage in critical analysis of the foundational knowledge they acquire; to test that knowledge by applying it to factual situations; to produce solutions supported by legal authorities and secondary materials; and to reflect on their learning. Each component is intended to build on knowledge and skills and progressively scaffold student learning. The online learning platforms used in this unit provide multiple preparatory and practice opportunities to guide in-class and out-of-class study. Technology assistance in the form of online learning resources, notices, assessment information (including online submission, marking and return of results/feedback), is student focused, affording greater accessibility and flexibility to the learning experience.

Representative texts and references

Representative texts and references

Adkins, C., Christensen, P., and Anforth, A., Residential Tenancies Law and Practice (8th ed, Federation Press, 2022).

Australian Residential Tenancies Law and Practice (LexisNexis, 2017).

Barron, M., A Guide to Australian Residential Tenancy Law (2019). 

Fitzroy Legal Service, The Law Handbook (46th ed, 2024).

Martin, C. ‘Australian Residential Tenancies Law in the COVID-19 Pandemic: Considerations of Housing and Property Rights’ (2021) 44(1) UNSWLJ 197.

Residential Tenancies Act 1997 (Vic).

Residential Tenancies Act 2010 (NSW).

Residential Tenancies and Rooming House Act 2008 (Qld).

Swannie, B., ‘Airbnb and Residential Tenancy Law: Do ‘Home Sharing’ Arrangements Constitute a Licence or a Lease?’ (2018) 39(2) Adelaide Law Review 231. 

Swannie, B. ‘Protection from Forced Eviction: What Rights Do Social Housing Tenants Have Under Human Rights Charters?’ (2023) 29(1) Australian Journal of Human Rights 1.

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