AUNSWREPM023 - ADL Distributed Special Conditions

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BLACK = Old Item/Clause  | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted

 

03 May 2022

Animal / Pet - Indemnity

The Tenant agrees the Tenant shall be responsible for any animal the Tenant brings or allows upon the Premises either with or without the consent of the Lessor and the Tenant will be solely liable for any or all loss, damage or injury suffered by any person or to any property as a result of such animal being upon the Premises.

Blinds and Curtains Cords

The Tenant confirms where curtains and blinds in the premises are fitted with tie downs and tension devices it is the Tenant’s responsibility to ensure curtain or blind cords are always kept secured. Where in compliance with consumer legislation a label is attached to a cord or chain warning of potential danger of unsecured cord or chains (Swing Tag) the tenant must ensure the Swing Tag is not removed and notify the agent if it is removed.

Connection of Services

The Tenants acknowledge and agree it is the Tenants’ responsibility to arrange for connection of electricity (other than as required in accordance with Clause 10.2) and telecommunication services upon commencement of occupancy, and termination of such services when vacating the Premises (unless otherwise directed by the Landlord / Agent).

Curtains

Curtains are to be cleaned in accordance with the Lessor’s/Agent’s instruction from time to time as reasonably required and upon vacating the Premises.

Driveway or Car Space Areas

Where the Premises includes a car space and/or driveway for the Tenant’s exclusive use, the Tenant acknowledges and confirms it is the Tenant’s responsibility to keep such areas free of oil stains and otherwise keep such areas clean and tidy.

Inappropriately Sounding Fire Alarm

The Tenant acknowledges and confirms it shall be liable to pay any charge imposed under the Fire and Rescue NSW Act 1989 imposed by relevant fire authorities arising from the Tenant or Tenant’s guests or visitors inappropriately activating the fire alarms in or relating to the Premises.

Photos – Condition Report

Photos accompanying the Condition Report form part of the Condition Report.

Tradesperson call out where Tenant is responsible

If the Tenant/s requests the services of a tradesperson to carry out repairs on the property and there is no fault found or the fault is found to have been caused by the Tenant/s or their guests or the Tenant’s own property, the Tenant/s acknowledge and agree it will be responsible for payment of the fees charged by such tradesperson.

Vehicles (Unregistered)

The Tenant must not store any unregistered vehicle at the Premises without first obtaining the written consent of the Lessor/ Lessor’s Agent.

 

07 Apr 2022

Replacement of Previous Tenancy Agreement

The Parties agree that, notwithstanding any terms of the previous Tenancy Agreement dated [Insert Date Field] with respect to the premises to the contrary, as and from the commencement date of this Tenancy Agreement (Item ‘TERM OF AGREEMENT’):

1.

the previous Tenancy Agreement is, by mutual consent, terminated;

2.

this Tenancy Agreement replaces the previous Tenancy Agreement; and

3.

subject to each party having performed all their covenants and conditions under the previous Tenancy Agreement up to the commencement date of this Tenancy Agreement, the parties are released from any and all obligations arising under the previous Tenancy Agreement.

 

20 Jul 2021

Abandoned Property and Rubbish

The Tenant agrees that where the Tenant abandons items of personal property or leaves rubbish or waste on the common property, the owners corporation or the strata managing agent may (at the Tenant’s sole expense) take such appropriate remedial action it deems necessary.

Cleaning Surfaces

All kitchen and bathroom surfaces must be cleaned and treated generally in accordance with manufacturer’s instructions and/or any specific instructions given by the Landlord.

Cleaning and Maintenance of the Premises

The Tenant agrees to maintain, in a reasonably clean condition, all windows, walls, floors, surfaces, ceilings, appliances, and fittings of the Premises (in particular any kitchen, bathroom and toilet) and to care for such generally and in accordance with the manufacturer’s instructions and/or any specific instructions given by the Landlord (or their Agent).

Hazardous Items

The Tenant agrees not to store on the Premises at any time (other than as allowed under this Agreement), any rubbish, waste, trash, debris, refuse, unregistered vehicles, vehicles in a state of disrepair, or hazardous items (including chemicals, liquids, gasses or other miscellaneous items which are generally of a dangerous, inflammable, or hazardous nature). The Tenant is permitted to store on the Premises (at the Tenant’s own risk), chemicals, liquids, gasses or other materials which are either commonly used or intended to be used for domestic purposes, as well as any chemical, liquid, gas or other material which is to be stored in the fuel tank of a motor vehicle.

No Warranty as to Suitability of Garage and Storage Areas

Subject to Clause 19 of this Agreement, the Landlord gives no warranty, for the purpose of storing personal property, as to the suitability of any garage, carport, shed or any other storage area on the Premises, and does not warrant that such areas are safe, secure, dry or waterproof. Additionally, the parties agree the Landlord will not be liable for any damage which occurs to the Tenant’s property as a result of the Tenant storing any personal property therein, with such storage being at the Tenant’s sole risk.

Previous Condition Report

Where this Agreement is in respect of Premises which are already occupied by the Tenant under a previous agreement, the Tenant agrees that the last completed condition report prepared in respect of that agreement, and any responses made by the parties in that condition report, apply to and are incorporated into this Agreement.

Reimbursement for Particular Expenses

The Tenant will, within ten business days of receiving an invoice from the Landlord (or their Agent), reimburse the Landlord with respect to any expenses incurred or penalties levied as a result of:

1.

the Tenant’s failure to provide access to the Premises in accordance with Clause 24 of this

Agreement;

2.

the Tenant’s actions requiring repair, replacement or other works to be undertaken, subsequent to a fire audit or inspection;

3.

the Tenant’s actions or omissions, where they result in a failure by the Landlord, the Landlord’s Agent, a owners corporation (or any other relevant organisation) to comply with their statutory obligations; or

4.

the Tenant’s actions or omissions resulting in a call out fee or fine being payable by the Landlord to the Fire Brigade, Ambulance Service or any other relevant authority.

 

23 Mar 2020

Carpet Cleaning (Cleaned Professionally)

Further to Clause 6656(b) the Agent confirms that the carpets were cleaned professionally prior to the start of the tenancy.

Connection of Services

The Tenants acknowledge and agree it is the Tenants’ responsibility to arrange for connection of electricity (other than as required in accordance with Clause 10.2) and telephone telecommunication services upon commencement of occupancy and termination of services when vacating the Premises.

Garden Maintenance (Landlord’s Responsibility)

1.

Clause 5949.4 is deleted and the following condition will apply.

Grass Clippings

Clause 5949.4 is amended to read as follows:

To maintain all garden areas including watering trees and other plants, mowing the lawn, removing from the Premises, garden rubbish (including pet waste and grass clippings) and keeping plants free from pests and disease.

Objects Causing Damage

The Tenant will not cause to be constructed or placed upon any part of the Premises, without first obtaining the written consent of the Landlord, any shed, container, above ground pool or any other object likely to cause damage to the Premises or grounds forming part of the Premises.

Pay TV

1.

The parties acknowledge there is currently no pay TV service installed or connected to the Premises.  The Tenant will not, without first having obtained the Landlord’s approval in writing, have installed or connected to the Premises any pay TV service.  The Landlord’s permission shall be in accordance with Clause 3128

Pets Indoors

Where the Tenant is permitted in accordance with Clause 5346.2 to keep pets on the Premises, the Tenant agrees and confirms such pets will not be allowed in any of the indoor areas of the Premises.

Pool Maintenance (Landlord’s Responsibility)

Clauses 6050.2(c)(4), (5) and (6) are deleted. The following clause is inserted:

 

During the term of the Tenancy the Landlord will arrange for monthly pool services at the Landlord’s expense.

Pool Maintenance (Tenant to pay costs of general maintenance and Landlord to pay for Pool Servicing)

Clauses 6050.2(c)(4) and (5) are deleted. The following clause is inserted:

 

During the term of the Tenancy the Landlord will arrange for monthly pool services at the Landlord’s expense except with respect to the Tenant’s obligations under the provisions of Clause 6050.2(c)(6).

Repairs and Maintenance – Notify Agent of Incomplete /Unsatisfactory Works

Where required repairs or maintenance haves been carried out, the Tenant will notify the Agent if in the Tenant’s opinion the works are unsatisfactory or incomplete.

Repairs and Maintenance – Written Notice

The Tenant agrees and confirms all notices made in compliance with Clause 176.2 of the Terms of Agreement must be in writing (emergencies excepted).

Tenancy Database

Where the tenancy Tenant has ended and the Tenant has breached this Agreement and as a result owes the Landlord an amount that is more than the rental bond or the Tribunal has made a termination order, the Landlord may list personal information about the Tenant in a residential tenancy database.

Water Usage Charge – Premises Becomes Water Efficient During the Term of the Agreement

The tenant agrees, if at the time of entering into the Agreement the Premises does not comply with the water efficiency guidelines and then should the Landlord subsequently cause the Premises to become compliant in accordance with Clause 12.4, a water meter reading will be taken after which date the tenant will be liable, subsequent to Clause 11, for payment of water usage charges in accordance with Clause 110.65.

 

19 Jun 2019

Carpet Cleaning (Cleaned Professionally)

Further to Clause 565(b) the Agent confirms that the carpets were cleaned professionally prior to the start of the tenancy.

Garden Maintenance (Landlord’s Responsibility)

1.

Clause 498.4 is deleted and the following condition will apply.

Grass Clippings

Clause 498.4 is amended to read as follows:

To maintain all garden areas including watering trees and other plants, mowing the lawn, removing from the Premises, garden rubbish (including pet waste and grass clippings) and keeping plants free from pests and disease.

Pets Indoors

Where the Tenant is permitted in accordance with Clause 46.244 to keep pets on the Premises, the Tenant agrees and confirms such pets will not be allowed in any of the indoor areas of the Premises.

Pool Maintenance (Landlord’s Responsibility)

Clauses 5049.2(c)(4), (5) and (6) are deleted. The following clause is inserted:

 

During the term of the Tenancy the Landlord will arrange for monthly pool services at the Landlord’s expense.

Pool Maintenance (Tenant to pay costs of general maintenance and Landlord to pay for Pool Servicing)

Clauses 5049.2(c)(4) and (5) are deleted. The following clause is inserted:

 

During the term of the Tenancy the Landlord will arrange for monthly pool services at the Landlord’s expense except with respect to the Tenant’s obligations under the provisions of Clause 5049.2(c)(6).