AUWAREPM024 & AUWAREPM025 - ADL Distributed Other Additional Terms

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

 

31 Oct 2022

Air Conditioning Filters and Exhaust Fans

The Tenant/s agree to clean the air conditioner filters, ceiling fans and exhaust fans every <<Enter Monthly Period Here>> months and upon vacating the Premises.

Animal – Tenants Responsibility

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 Landlord 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/Landlord if it is removed.

Break In

The Tenant will, in the case of a break in, immediately contact the police and then promptly advise the Agent/Landlord.

Carpets

Carpets are to be cleaned from time to time as reasonably instructed by the Landlord. All marks and stains should be removed promptly (fair wear and tear exempted).

Change of Details

The Tenant will keep the Agent/ Landlord updated with any change of personal details previously provided to the Agent/LandlordLandlord including mobile numbers and email addresses.

Cleaning Appliances

All appliances, electrical or otherwise, must be maintained in a fit and proper condition and used only in accordance with manufacturer’s instructions or specifications.

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 these generally and in accordance with the manufacturer’s instructions and/or any specific instructions given by the Landlord (or their Agent).

Condition Report - Lease Renewal

Where the Landlord grants a further term of occupancy to the Tenant, the condition report supplied at the commencement of the original term of the tenancy is relevant and applicable to the new rental term.

Connection of Services

The Tenants acknowledge and agree, where there is no contract already in existence between the Landlord and a service provider, it is the TenantsTenants’ responsibility to arrange for connection of electricity, gas and telecommunication services upon commencement of occupancy and termination of services when vacating the Premises.

Curtains

Curtains are to be cleaned in accordance with the Landlord’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.

Furnished Premises – Cleaning of Furniture

Where the Premises are let furnished, the Tenant acknowledges and confirms it will leave all furniture provided by the Landlord in a clean condition on exiting the Premises.  The Tenant will, during the term of the tenancy tenancy, have all marks and stains caused during the rental period removed promptly.

Furnished Premises – Removing Furniture

Where the Premises are let furnished, the Tenant Tenant acknowledges and confirms that no furniture or furnishings provided by the LandlordLandlord may be removed from the Premises during the tenancy without prior arrangement and written permission from the Landlord.

Furnished Premises – Replacement of Inventory Items

Where the Premises are let furnished, should the Tenant (or their guests) cause damage to, or lose inventory items provided by the Landlord, the Tenant Tenantagrees and confirms the Tenant will replace any broken or missing inventory items provided by the Landlord and where the inventory item is part of a matching set, replace the matching set if the singular item cannot be replaced.

Garden Maintenance (Landlord’s Responsibility)

1.

Additional Term 13.7 is deleted and the following term will apply.

2.

The Landlord is responsible for garden maintenance and it is agreed <<Enter the Name of the Garden Maintenance Company Here>>, or such other agency as may be from time to time nominated by the LandlordLandlord, will be attending the Premises for the purpose of maintaining the garden areas including mowing the lawn and removing garden rubbish, at the LandlordLandlord’s cost, <<Enter the Number of Times per Month Here>> times per month.

3.

To the extent not carried out by the Garden Maintenance Contractor, the Tenant  Tenantis responsible for:

(1)  watering all garden areas (subject to any council restrictions)

(2)  removal of pet waste (if any)

Garden Maintenance (Tenant’s Responsibility)

Additional Term 13.7 is amended to read as follows:

To maintain all garden areas including watering (subject to any council restrictions) trees, lawn 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.

Gas Bottle

Where bottled gas is supplied by the Landlord at commencement,  the TenantTenant will maintain the supply and at the conclusion of the tenancy leave not less than one full cylinder upon vacating the Premises  and will provide written evidence of compliance to the Agent/Landlord.

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.

Keys – Loss and Replacement

The Tenant Tenant will be responsible for all costs associated with the loss or replacement of keys, locks or security devices and services of a locksmith if required.

Keys – Collection and Return

The parties agree and the Tenant acknowledges keys can only be collected and returned during normal business hours or otherwise at times as advised by the Agent/ Landlord Landlord.

Linen Cleaned and Maintained

The Tenant acknowledges linen supplied by the Landlord will be cleaned and maintained in accordance with term 13.1 of the Agreement.

No Warranty as to Suitability of Garage and Storage Areas

Subject to any legislative provision to the contrary, 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.

Operation Manuals

All operation manuals relating to the Premises and contents supplied by the Landlord at commencement are owned by the Landlord and must remain in the Premises at the end of the tenancy.

Pay TV – Cabling Installed at the Premises

1.

The parties acknowledge that cabling and/or equipment is installed at the Premises for <<Enter the Name of the Pay TV Service Here>>.

2.

The Tenant agrees, should it wish to connect to/access such service, it shall be the Tenant’s responsibility to do so at the Tenant’s cost.

3.

Should a service required by the Tenant be different from or additional to the existing service it will be the Tenant’s responsibility, at the Tenant’s cost, to arrange for any change or upgrading to the service.

4.

The Landlord/ Landlord’s Agent does not warrant that the existing cabling and/or equipment will be suitable to the Tenant’s requirements.

5.

The Tenant will not, without first having obtained the approval of the Landlord/ Landlord’s Agent in writing, install or connect to the Premises any additional cabling and/or equipment. Such approval shall be solely at the discretion of the Landlord/ Landlord’s Agent.

6.

At the end of the tenancy the Tenant will not remove any cabling and/or other equipment unless required to do so by the Landlord’s/ Landlord’s Agent’s.

Pet Pest Control

1.

Where the Landlord permits the Tenant to keep on the Premises, any pet capable of carrying parasites that can affect humans, the Tenant agrees to, at the conclusion of the tenancy, hand over the Premises fumigated to a professional standard.

2.

The Tenant agrees to provide written evidence of compliance with this requirement to the Agent/ Landlord on or before vacating the Premises.

3.

Where the Tenant fails to comply with this requirement, the Tenant surrenders any Pet Bond referred to in Item 11, and consents to the Landlord accessing such Bond to cover the Landlord’s costs of having the Premises fumigated.

Pets – During Inspections

The Tenant agrees it will ensure, during all inspections, that pets permitted by the Agreement to be on the Premises do not create a nuisance and are either restrained or removed.

Pets - Indoors

Where the Tenant is permitted, in accordance with Addendum Additional Item 11 of the Agreement, 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.

Pets - Security

Security, with respect to pets shall be the responsibility of the Tenant.

Photos – Condition Report

Photos accompanying the condition report form part of the condition report.

Plants (On Timber Flooring)

Plants or their containers are not to be placed directly onto timber floors or decking.

Plants (Removal)

The Tenant shall not:
(1) cause plants to be added to Premises/grounds; or

(2) remove existing plants from the Premises/grounds,

without first obtaining written consent from the Landlord.

Plugs

The Tenant acknowledges that all plugs for the kitchen, bathroom/s, laundry and the Premises in general, remain with the Premises at the end of the tenancy. Failing which, the Tenant will be responsible for replacement.

Pool Maintenance (Landlord’s Responsibility)

1.

The Landlord is responsible for pool maintenance and it is agreed <<Enter the Name of the Pool Maintenance Company Here>>, or such other agency as may be from time to time nominated by the Landlord, will be attending the Premises for the purpose of carrying out pool maintenance, at the Landlord’s cost, <<Enter the Number of Times per Month Here>> times per month.

2.

The Landlord is responsible for repair of the pool and repair or replacement of the pool equipment resulting from general wear and tear and for reasons beyond the Tenant’s control and responsibility however, the Tenant will be responsible for any damage or want of repair arising from the Tenant’s negligence or failure to exercise proper care.

3.

The Tenant is to advise the Agent/Landlord immediately of any maintenance problems regarding the pool.

4.

To the extent not carried out by the pool maintenance contractor, the Tenant is responsible for:

(1) regular cleaning of filter baskets

(2) maintaining required water levels

(3) removing vegetation and other rubbish from the pool.

Pool Maintenance (Tenant’s Responsibility)

1.

The Tenant agrees to be responsible for swimming pool and/or spa (if applicable) maintenance from the date of this Agreement, such maintenance to include the cost of chemicals necessary to maintain the condition of the pool and/or spa.

2.

The Landlord is responsible for repair of the swimming pool and/or spa and repair or replacement of the pool equipment resulting from general wear and tear and for reasons beyond the Tenant’s control and responsibility however, the Tenant will be responsible for any damage or want of repair arising from the Tenant’s negligence or failure to comply with its obligations in term 1 of this Additional Term.

Pool Maintenance (Tenant to pay costs of maintenance)

1.

The parties acknowledge the Landlord has, prior to commencement of the tenancy provided:

(1) full details of pool maintenance requirements

(2) details of the condition of the pool and pool equipment

(3) at a pool handover appointment, details of pool usage and maintenance

2.

During the term of the tenancy the Tenant is responsible for:

(1) the pool maintenance, details of which the Landlord has provided in accordance with term 1 of this

Additional Term including, (but not limited to) the following:

       (a) regular cleaning of filter baskets

       (b) maintaining required water levels

       (c) removing vegetation and other rubbish from the pool

       (d) maintaining the pool water condition.

(2) regular servicing

(3) payment for all pool chemicals.

(4) advising the Agent/Landlord of any problem noted.

3.

Immediately prior to the end of the term of the tenancy the Tenant will provide to the Agent/Landlord:

(1) opportunity to inspect the pool; and/or

(2) if required by the Agent/Landlord, a pool condition report completed by a professional pool service company.

The Tenant is to return the pool in good order and condition as at the beginning of the tenancy.

4.

The Landlord is responsible for repair of the pool and repair or replacement of the pool equipment resulting from general wear and tear and for reasons beyond the Tenant’s control and responsibility however, the Tenant will be responsible for any damage or want of repair arising from the Tenant’s negligence or failure to comply with its obligations in terms 2 and 3 of this Additional Term.

5.

If the Tenant does not maintain the pool and pool equipment to the satisfaction of the Landlord acting reasonably, the Tenant will be in breach of the Agreement, and the Landlord may (in addition to the Landlord’s other rights) seek, in compliance with the Residential Tenancies Act 1987, to recover any loss incurred.

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

1.

The parties acknowledge the Landlord has, prior to commencement of the tenancy provided:

(1) full details of pool maintenance requirements

(2) details of the condition of the pool and pool equipment

(3) at a pool handover appointment, details of pool usage and maintenance

2.

During the term of the tenancy the Landlord will arrange for monthly pool service and maintenance at the Landlord’s expenses.

3.

During the term of the tenancy, the Tenant is responsible for:

(1) the pool maintenance (except as provided in term 2 of this Additional Term), details of which the Landlord has provided in accordance with term 1(1) of this Additional Term including, (but not limited to) the following:

      (a) regular cleaning of filter baskets

      (b) maintaining required water levels

      (c) removing vegetation and other rubbish from the pool

(2) payment for all pool chemicals.

(3) advising the Agency immediately of any problem noted.

4.

Immediately prior to the end of the term of the tenancy the Tenant will provide to the Agent/ Landlord:

(1) opportunity to inspect the pool; and/or

(2) a pool condition report completed by a professional pool service company.

The Tenant is to return the pool in good order and condition as at the beginning of the tenancy.

5.

The Landlord is responsible for repair of the pool and repair or replacement of the pool equipment resulting from general wear and tear and for reasons beyond the Tenant’s control and responsibility however, the Tenant will be responsible for any damage or want of repair arising from the Tenant’s negligence or failure to comply with its obligations in terms 3 and 4 of this Additional Term.

6.

If the Tenant does not maintain the pool and pool equipment to the satisfaction of the Landlord acting reasonably, the Tenant will be in breach of the Agreement, and the Landlord may (in addition to the Landlord’s other rights) seek, in compliance with the Residential Tenancies Act 1987, to recover any loss incurred.

Prohibition on children residing in the premises

The Tenant must not permit a child under 16 years of age, who was not an occupant at the commencement of this Agreement, to reside in the Premises, without the Landlord’s prior written permission (which the Landlord will not unreasonably withhold).

Repairs and Maintenance – Notifying of Incomplete/Unsatisfactory Works

Where required maintenance has been carried out, the Tenant will notify the Agent/ Landlord promptly 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 accordance with Section 38(1)(b) of the Residential Tenancies Act 1987 must be in writing.

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.

Roofing / Roof Space

Except in the case of emergency, the Tenant is not permitted to enter the ceiling space or walk on the roof, nor attach items thereto, without first having obtained the Landlord’s consent.

Rubbish and Waste

The Tenant agrees that where the Tenant leaves rubbish or waste on the Premises, the Landlord or Agent may (at the Tenants sole expense) take such appropriate remedial action it deems necessary.

Rural Properties – Not Connected to Sewerage

The Tenant/s will have the septic tank pumped out every <<Enter the Number of Months Here>> months, or as otherwise required, as well as on the last day of occupancy. A receipt to show the completion of this service is required to be presented to the Agent/ Landlord.

Smoke Alarms – Maintenance Company Employed

The Landlord confirms and acknowledges it will contract with <<Enter the Name of the Smoke Alarm Maintenance Company Here>> to attend the Premises for the purpose of carrying out smoke alarm maintenance at the Landlord’s cost, <<Enter the Number of Times per year Here>> times per year.

Smoking - House

Any authorisation from the Lessor, under Addendum Additional Term 13.10, to smoke on the Premises, must be in writing, and in any case, neither the Tenant or its guests shall leave around the Premises, debris arising from smoking.

Smoking –Strata Title Scheme        

No smoking by any Tenant or guest is permitted in the indoor areas of the Premises or in any lifts, foyers or other common areas nor shall the Tenant leave around the Premises, or common areas, debris arising from smoking.

Swimming Pool Requirements (House)

1.

The Tenant is responsible for, and must ensure, when using the swimming pool, that the gate accessing the swimming pool is securely closed at all times when not in use and that there are no climbable objects near the swimming pool fence and swimming pool barriers that would allow children to access the swimming pool.

2.

The Tenant must not interfere with or obscure or move any resuscitation sign or warning notices from the swimming pool area.

Swimming Pool Requirements (Unit complex)

1.

Where the unit complex in which the Premises is located includes a swimming pool/s, the parties confirm the owner of the unit complex (the owners corporation) is responsible for ensuring the swimming pool fence is compliant with current swimming pool safety requirements.

2.

The Tenant is responsible for, and must ensure, when using the swimming pool that the gate accessing the swimming pool is securely closed at all times when not in use and that there are no climbable objects near the swimming pool fence and swimming pool barriers that would allow children to access the swimming pool.

3.

The Tenant must not interfere with or obscure or move any resuscitation sign or warning notices from the swimming pool area.

Telecommunication Service to the Premises

1.

On termination the Tenant agrees to leave telecommunication services (for example telephone, internet, television or cable) and associated hardware, fittings and fixtures, in the same condition as at the start of the tenancy, and ensure (if required) the services continue, are transferred or terminated (as the Landlord/agent may direct).

2.

Prior to entering into this agreement the Tenant must satisfy itself as to the availability and suitability of any telecommunication services and associated hardware, fixtures and fittings to the premises.

3.

Subject to any legislative provision to the contrary, the Landlord gives no warranty as to the provision or adequacy of such telecommunication services or as to the provision or serviceability of any hardware, fixtures and fittings in the Premises relating to such services.

Termite Inspection and Maintenance Access

The Tenant’s property should not be stored or placed in such a way as to prevent proper access for termite inspections or treatments to take place. The Tenant  will, when requested by the Landlord, remove inappropriately placed property prior to inspections or treatments.

Timber Floors

The Tenant(s) will use felt protectors (or similar product) on the bases of any furniture placed on timber floor surfaces, in order to prevent scratches or other damage.

Tradesperson call out where Tenant is responsible

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

Units – Falsely Sounding Fire Alarm

The Tenant acknowledges and confirms it shall be liable to pay any charge imposed under the Fire and Emergency Services Act 1998 (or other applicable legislation) 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.

Vehicles

The parties agree the Tenant and/or the Tenant’s invitees are not to park or store vehicles (including trailers, boats or caravans) in the Premises on areas other than those designated for parking.

Vehicles (Unregistered)

The Tenant must not store any unregistered vehicle at the Premises without first obtaining the written consent of the Landlord.

Water Efficiency Devices

where a water efficiency device is installed on the Premises, the Tenant agrees not to remove, modify, tamper with, or damage in any way (whether directly or indirectly) such device.

Water Filter Cartridge Replacement

Where a water filter apparatus provided by the Landlord is installed in the Premises the Tenant will be responsible for maintaining the supply of filter cartridges and on vacating the Premises will leave not less than one spare set of filter cartridges and provide written confirmation to the Agent/ Landlord.

Water Tank

Where tank water is used, the Tenant will ensure the tank contains a similar quantity of water at the end of the tenancy as it did at the beginning.