Form 1AA - Residential Tenancy Agreement (with Extra Terms) - AUWAREPM024 & AUWAREPM025

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15 Apr 2019

AU-WA-RE-PM-024 v2.5

AU-WA-RE-PM-025 v2.8

Additions / Changes:

Changes as per Department of Mines, Industry Regulation and Safety Consumer Protection.

 

28 Feb 2019

AU-WA-RE-PM-024 v2.4

AU-WA-RE-PM-025 v2.7

Additions / Changes:

 

ADDITIONAL ITEM 2

Name: ……………………………………………………………………………………………………………….

Licensee: ……………………………………………………………………………………………………………

Service of documents address: …………………………………………………………………………………..

ABN:   ………………… Phone: (…)………………… Fax: (…)………………… Mobile: …………………...

Contact: ………………………………….……… Email: …………………………………………………………

Licence No. Type: Real Estate and Business Agent/Real Estate Agent/Business Agent

 

ADDITIONAL TERM 26

Related Documents/Notices

26.1

Any Related Document, including this agreement to be given to any party under this agreement shall be in writing and may be given to that party:

(1)

in accordance with Part B Clauses 51A, 51B, and 51C and 51D of this agreement; or

(2)

by delivery to an alternative address provided in writing by the party, by any of the methods outlined in Clause 26.1(1) above.

26.2

In Part B Clause 51C.3 of this agreement any reference to Part A will also be taken to include a reference to Addendum – Additional Items 1, 2 and 3.

26.3

Where there are 2 or more lessors or tenants a Related Document need only be given to one of them.

26.3

A Related document sent by electronic communication will be deemed to have been received in accordance with Section 14 of the Electronic Transactions Act 2011.

26.4

Where a Related Document is to be given to a person directly it shall be deemed to have been given if it is given to any person apparently over the age of 16 years apparently residing at the place of residence of the intended recipient (Residential Tenancies Act 1987 Section 85).

26.4

Related Documents must be given before 5pm on a business day, failing which, such Related document will be deemed to have been given on the next business day.

26.5

A Related Document posted shall be deemed to have been given, unless the contrary is shown, at the time when, by the ordinary course of post, the Related Document would be delivered.

26.5

Service of documents will be effective if in accordance with Section 85 of the Residential Tenancies Act 1987.

26.6

The parties acknowledge and agree an Electronic Document readily accessible via a link within a Related Document is received when the Related Document is given and will be opened when the Related Document is opened.

26.7

The parties agree to execution, delivery and service of Related documents electronically by a method provided by DocuSign or such other agreed electronic signature service provider.

 

24 Jul 2017

AU-WA-RE-PM-025 v2.6

Additions / Changes:

Changes as per Department of Mines, Industry Regulation and Safety Consumer Protection.

 

06 Jul 2017

AU-WA-RE-PM-024 v2.3

AU-WA-RE-PM-025 v2.5

Additions / Changes:

Changes as per Department of Mines, Industry Regulation and Safety Consumer Protection.

 

16 Jan 2017

AU-WA-RE-PM-024 v2.2

AU-WA-RE-PM-025 v2.4

Additions / Changes:

 

Part C

ADDITIONAL TERMS ARE NOT REQUIRED BY THE RESIDENTIAL TENANCIES ACT 1987. HOWEVER, ONCE THE PARTIES SIGN THIS AGREEMENT, THE ADDITIONAL TERMS ARE BINDING UPON THE PARTIES UNLESS THE TERM IS FOUND TO BE UNLAWFUL.

ADDITIONAL TERMS:

 

Refer attached: Part D – Additional Items and Part E – Additional Terms

Refer attached:

(a) Addendum – Additional Items, and

(b) Addendum - Additional Terms

 

ADDITIONAL ITEMS Title

PART D ADDENDUM – ADDITIONAL ITEMS

 

ADDITIONAL ITEM 6

RENT INCREASE  See Part A Rent Increase of this agreement and Addendum – Additional Terms Clause 5.

6.1

Rent Increase/s: Applicable  __ Yes __ No

6.2

Where rent increases are applicable (Item 6.1) on the following review dates the rent will increase by a value determined by the method indicated below:

Review Date

CPI

%

Fixed $

Other

(1)  …/…/…

Y/N

………

$..............

…………………………………………………………

(2)  …/…/…

Y/N

………

$..............

…………………………………………………………

(3)  …/…/…

Y/N

……...

$..............

…………………………………………………………

Note: The method must be set out clearly for tenants to understand. Use appropriate examples where necessary.

NOTICE OF RENT INCREASE (Rent may only be increased in accordance with Part A Rent Increase of this Agreement)

Rent payable will increase from …… / …… / …… The new Rent will be $ …………………… per week.

 

ADDITIONAL ITEM 11

The lessor confirms as follows:

11.1

Pets are permitted on the premises: __ Yes  __ No

11.2

Details of pets permitted under this agreement (eg Types and numbers):

………………………………………………………………………………………………………...........

11.3

Restricted breeds under the Dog Regulations 2013 are allowed on the premises: __Yes  __ No

Note: Where Item 11.2 prohibits dogs the answer will be No.

 

ADDITIONAL TERMS Title

PART E ADDENDUM – ADDITIONAL TERMS

 

ADDITIONAL TERM 1.2

Additional Items: means items set out in the Additional Item addendum forming part of this agreement.

 

ADDITIONAL TERM 1.3

Business Day: any day other than a Saturday, Sunday or public holiday in the State of Western Australia.

 

ADDITIONAL TERM 1.4

Item means an Item in Part D of this Agreement.

 

ADDITIONAL TERM 1.5

Part means a Part of this Agreement unless indicated otherwise.

 

ADDITIONAL TERM 3.4

No binding residential tenancy agreement will come into force between the parties until:

(1)

this written agreement has been signed by both parties; and

(2)

the tenant has paid all initial rent and bond monies as required by this agreement.

 

ADDITIONAL TERM 4

Renewal or Term Extension (section 31B, section 76C)

4.1

Where this residential tenancy agreement is:

(1)

a periodic tenancy commencing after the expiration of a fixed term tenancy in accordance with section 76C of the Act; or

(2)

a new residential tenancy agreement for a fixed term commencing immediately after the end of the previous term, then

(3)        

notwithstanding the rent as set out in Part A the rental for the first 30 days of any new term will not be more than would have been payable at the time of expiry of the previous term.

 

ADDITIONAL TERM 5

Rent Review

5.1

Rent increase will be in accordance with this clause:

(1)

If the lessor proposes to increase the rent, the lessor must give notice in the approved form to the tenant.

(2)

The notice must state the amount of the increased rent and the day from when it is payable.

(3)

The day stated must not be earlier than the later of the following:

(a)

60 days after the notice is given;

(b)

6 months after the day the existing rent became payable by the tenant.

(4)

The increased rent is payable from the day stated in the notice, and this agreement is taken to be amended accordingly.

(5)

However, if this agreement is a fixed term agreement, the rent may be increased before the term ends only if the agreement:

(a)

provides for a rent increase; and

(b)

states the amount of the increase or how the amount of the increase is to be worked out.

(c)

if a rent increase is provided in Addendum – Additional Items subject to Part A (Rent Increase) of this agreement, the rental may be increased before the term ends and such increase shall be by a method as set out in Addendum – Additional Items, Item 6 (Rent Increase) and subject to Clause 5.2 (where applicable).

(6)

A rent increase is payable by the tenant only if the rent is increased in accordance with this clause.

5.2

In respect of rent increase methods set out in Item 6.2 of the Additional Items:

(1)

A ‘%’ increase is the percentage by which the rent for the rental period immediately prior to the rental review date is increased.

(2)

A ‘Fixed $’ increase is the dollar amount by which the rent for the rental period immediately prior to the rental review date is increased.

(3)

A ‘CPI’ increase is an increase in accordance with the Consumer Price Index (All Groups Index) for Perth as published by the Australian Statistician and the rent shall be adjusted in accordance with the following formula:

R = A x B

C

Where:

R

represents the CPI adjusted rent.

A

the rent payable immediately prior to the review date.

B

is the CPI for the quarter immediately prior to the relevant review date in Item 6.2 of the Additional Items.

C

is the CPI published for the quarter immediately before the last review date or where there has been no previous rent review the date the tenancy agreement commenced.

 

ADDITIONAL TERM 6

Security and Pet Bond

(1)

Subject to s31 of the Act and Part A, Security Bond, of this agreement the lessor may increase the security bond by giving not less than 60 days notice in writing.

(2)

The security bond is intended to be available to financially protect and/or recompense the lessor against all negligence or breach of this agreement by default or otherwise by the tenant, its visitors or invitees.

 

ADDITIONAL TERM 8

Utility Connection

On occupancy the tenant must notify the relevant service suppliers with respect to electricity, gas and other utilities and make necessary arrangements for the supply of such services.

 

ADDITIONAL TERM 9

Communications

9.1

Where no communication connections are provided by the lessor (Part D Item 4 of the Additional Items), it shall be the tenant’s responsibility to make such arrangements, as the tenant sees appropriate, for connection of such communication services.

9.2

The tenant must satisfy itself as to the provisions of any electronic communication services to the premises (internet, television – analogue, digital or cable) or fittings. The lessor gives no warranty in respect to the provision or adequacy of such services or fittings to the premises.

9.3

Where connections are provided by the lessor, all costs in relation to charges in connection with the use thereof shall be the sole responsibility of the tenant.

9.4

In installing communication connections the tenant will not make or allow any alterations, additions, modifications or installations to be carried out without first obtaining the lessor’s consent in writing, and all installations shall be the responsibility of the tenant.

Any alterations, additions, modifications or installations carried out by, or on behalf of, the Tenant shall be the responsibility of the Tenant.

9.5

With respect to Part E Clause 9.4 the tenant will, if requested by the Lessor, return the premises to its original state in accordance with the Condition Report unless otherwise directed by the lessor.

9.6

Any of the works carried out as provided in Part E Clause 9.4 not removed at the end of the tenancy shall become the property of the lessor and may be removed by the lessor at the tenant’s cost.

 

ADDITIONAL TERM 11

Holding Over

Where the tenant is permitted to hold over after the termination of this agreement, the tenant shall do so as a periodic tenant upon the same terms and conditions as this agreement except as to any variation of rent in Part D Item 5.1 of the Additional Items.

 

ADDITIONAL TERM 12

Supply of Locks and Keys

12.1

In addition to the requirements of Part B Clause 34 Locks and Security Devices the lessor must give the tenant/s one set of keys for each lock or opening devices or keys for each lock that secures a door road or other place normally used to gain access to, or leave, the area or building in which the premises are situated.

12.2

Replacement or additional keys will be supplied by the lessor at the tenant’s request and expense.

 

ADDITIONAL TERM 13

Care of the Premises

The tenant agrees:

13.1

To keep the premises, including all inclusions, fittings, fixtures and chattels, clean and in a state of good repair, having regard to their condition at the start of the tenancy and as may be more particularly detailed in the Property Condition Report, fair wear and tear excepted.

13.2

To not intentionally, maliciously or negligently damage, or allow someone else to intentionally, maliciously or negligently damage, the premises.

13.3

To do nothing that involves painting, marking or defacing the premises internally or externally or using nails, screws or adhesives without the prior written consent of the lessor.

13.4

Not to affix any fixtures or make any renovations, alterations or additions to the Premises without the Lessor’s consent.

13.4

To place all household rubbish in the bin provided by the local authority and put the bin out for collection on the designated day for collection and remove the bin to the premises as soon as practicable after it has been emptied and return it to its allotted place.

13.5

Not to use any sink, basin, toilet, drain or like facility in or connected to the premises for other than their intended use or to do anything that might damage or block the plumbing drainage or sewerage system on the premises.

13.6

Not to hang washing, or other articles anywhere but in areas provided or designated for this purpose.

13.7

To maintain in a fit and proper manner having regard to the Property Condition Report, all garden areas including watering of gardens, trees and other plants, to mow the lawn and remove garden rubbish from the premises.

13.9

To maintain (if applicable) any swimming pool or spa and ancillary equipment, in a fit and proper manner taking into account, its condition as at the date of this Agreement, such maintenance to include the cost of chemicals necessary to maintain the condition of the pool.

13.10

To obtain a report at the end of the lease from a qualified pool maintenance person stating that the pool and/or spa and ancillary equipment are in a good working order and condition and the pool and/or spa are safe for use.

13.11

To only use or operate any machinery, plant, equipment or utilities on or servicing the Premises in a proper manner or as otherwise in accordance with the Lessors instructions.

13.8

To test as required on a regular basis any residual current device (safety switch) and smoke alarms and notify the lessor of any fault.

13.9

To replace as necessary and keep in working order, light bulbs and fluorescent tubes.

13.10

Not to smoke, or permit one of its guests to smoke, in any of the indoor areas of the premises, unless otherwise authorised by the lessor.

13.11

To keep the premises free of rodents, cockroaches and other vermin and to notify the lessor promptly of any vermin or pest infestation which, should the presence of such vermin or infestation have arisen due to act or neglect on the part of the tenant, shall be the tenant’s responsibility.

13.12

Not to bring any furnishings or other apparatus, without the consent of the lessor, on to the premises which, if not properly used and maintained by the tenant, could cause damage to the premises or any of the lessor’s property within the premises. Notwithstanding the lessor having given consent, should such furnishings or other apparatus cause damage to the premises or the lessor’s property thereon, the tenant shall be liable and must recompense the lessor for such damage.

13.13

Where a product, fixture or fitting provided with the premises has a warning label or safety instructions attached the tenant is not to deface, damage or remove such label.

 

ADDITIONAL TERM 14

Quiet Enjoyment

The tenant acknowledges the right to quiet enjoyment must be extended to and include other tenants and residential neighbours.

 

ADDITIONAL TERM 15

Swimming Pool Safety and Maintenance

15.1

At the commencement of the tenancy, the lessor will:

(1)

handover the pool in a condition that is safe for use

(2)

provide all relevant documentation and instructions on the use and maintenance of the swimming pool.

15.2

During the term of the tenancy:

(1)

the tenant must comply with all safety requirements of the Building Regulations 2012 in particular ensure:

(a)

child-restraint barriers are in place and properly maintained,

(b)

access gates and doors are securely closed at all times,

(c)

at all times to maintain and not interfere with, move or obscure in any way warning notices and resuscitation signs in the immediate vicinity of the swimming pool,

(d)

at all times, there are no climbable objects near the child-restraint barriers that would allow children to access the swimming pool.

(2)

where a child-restraint barrier, warning sign or resuscitation sign is damaged and becomes ineffective the tenant must advise the lessor or the lessor’s property manager immediately.

(3)

the tenant is responsible for general maintenance including:

(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

(e)

regular pool services

(f)

payment of costs for all required pool chemicals

(g)

advising the lessor or the lessor’s property manager immediately of any pool related problem.

15.3

Immediately prior to the end of the term of the tenancy the tenant will provide to the lessor or the lessor’s property manager:

(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.

15.4

The lessor 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 failure to comply with its obligations.

15.5

If the tenant does not maintain the pool and pool equipment to the satisfaction of the lessor acting reasonably, the tenant will be in default and the lessor may seek to recover, in compliance with the Act, any loss or damage incurred.

 

ADDITIONAL TERM 16

Damage and Repairs

16.1

Subject to Part B Clauses 22 and 23,

(1)

the lessor must be advised of all repairs and/or maintenance carried out by the tenant.

(2)

any maintenance and repairs costing in excess of $100 must first be approved by the lessor.

16.2

The tenant is liable and must pay for damage and/or want of repairs caused by the tenant, its pets or any of its guest/s or arising from failure by the tenant to observe the terms of this tenancy agreement.

16.3

If the tenant fails to give notice in accordance with section 38(1)(b) of the Act the tenant must pay, upon the lessor’s request, any additional or increased cost of repairs resulting from the tenant’s failure to give proper notice.

16.4

Where the tenant arranges any repairs the tenant agrees to make its best efforts to secure the services of the relevant repairer (if any) nominated in Part D Item 10 Nominated Repairers of the Additional Items.

 

ADDITIONAL TERM 17

Pets

17.1

The Tenant may keep pets on the Premises only if permitted in this Agreement or written permission has been given by the Lessor to the Tenant subject to this Agreement.

17.1

The tenant may not keep pets on the premises other than:

(1)

In accordance with Item 11 of the Additional Items and this Clause 17; or

(2)

Subsequent to the entering into this agreement where written permission is given by the lessor, such permission being subject to the terms of this agreement.

17.2

If pets are approved as provided in Part A, Pets, of this Agreement then:

(1)

if a particular type or breed of pet may be kept, only that type may be kept; or

(2)

if a particular number of pets may be kept, only that number specified may be kept; or

(3)

if a particular number of a particular type of pet may be kept, only that number of that type may be kept.

17.2

In accordance with s29(1A) of the Act a pet does not include an assistance dog as defined in the Dog Act 1976 section 8(1).

17.3

If the Tenant is permitted to keep a dog/s at the Premises and the breed of such dog/s are classed as a Restricted Breed under the Dog (Restricted Breeds) Regulations 2002, then the Tenant must seek the Lessor’s written permission, prior to keeping such breed of dog on the Premises.

17.3

The tenant agrees at all times to:

(1)

Keep the pets under control, particularly in respect of noise.

(2)

Maintain the cleanliness and health of the pets including appropriate vaccination.

(3)

Keep all areas, where the pet/s are allowed, clean and parasite free.

(4)

Abide by any Strata Scheme by-laws and laws, by-laws and regulations of any competent authority or local council in relation to pets.

(5)

Keep any cats indoors at night.

(6)

Where the premises are part of the Strata Scheme restrain pets when in any common areas of the property by way of a leash or similar restraint device.

(7)

Regularly remove pet droppings in an appropriate manner.

17.4

In accordance with s29(1A) of the Act pet does not include an assistance dog as defined in the Dog Act 1976 section 8(1).

17.4

The tenant warrants that it has inspected the fences at the start of the tenancy and found them to be adequate to enclose the pet/s.

17.5

If during the tenancy the fences are found to be inadequate to enclose the pets:

(1)

The tenant must promptly remove the pet/s from the premises until the fence is repaired; and

(2)

Report the inadequacy or damage to the lessor or lessor’s property manager

17.6

Where a pet permitted under Item 11 of the Additional Items is capable of carrying parasites that can affect humans the security bond will be increased by $260.00.

17.7

If the tenant breaches any of the conditions of this Clause 17 and such breach is not rectified within 14 days of the tenant being given a notice to rectify the tenant will be required to remove the pet/s from the premises.

 

ADDITIONAL TERM 19

The Lessor’s Access

Taking into account the provisions of Clause 24 to 30 of Part B of the residential tenancy agreement the tenant is entitled to be present at the time of any inspection however providing the lessor has complied with the provisions of this agreement with respect to notice an inspection may take place even though the tenant is not present.

 

ADDITIONAL TERM 20

End of Occupancy

The tenant will, at the conclusion of the tenancy, have complied with the requirements of Part E Clause 13 Care of the Premises in all respects and in addition on vacating the premises the tenant will deliver vacant possession and:

20.1

at the tenants expense have all carpets shampooed and/or steam cleaned by a qualified carpet cleaner on the last day of the tenancy.

20.2

repair all and any damage to the premises which includes all inventory items together with fixtures and fittings.

20.3

remove all the tenant’s property and belongings from the premises including rubbish and property on the premises not the property of the lessor.

20.4

if required by the Llessor, return all inventory items and other chattels to their original location as indicated in the Condition Report.

20.5

provide written evidence of compliance with the requirements of Part E Clauses 20.1 and 20.2 to the lessor or the lessor’s property manager on or before vacating.

20.6

advise, as soon as possible, the tenant’s contact address.

 

ADDITIONAL TERM 21.3

Should the tenant during the term of this agreement be in breach of its obligations under the agreement giving rise to a default causing affording the lessor the right to terminateion of this agreement before the end date or should the tenant otherwise break the lease the tenant will be liable to pay, by way of damages, any losses incurred by the lessor with respect to rental, outgoings, letting expenses and otherwise. The lessor has an obligation to mitigate its damages.

 

ADDITIONAL TERM 23

Liability Statement and Indemnity

Except in the case where the lessor and/or the lessor’s property manager have been negligent or fail to comply with obligations under the Act, or this agreement, neither the lessor or the lessor’s property manager (acting with the lessor’s authority) will be liable for any loss or damage suffered by the tenant or other persons on the premises with respect to either person or property AND the tenant indemnifies the lessor and/or the lessor’s property manager against any and all liability with respect to injury or damage to the tenant or other persons or the property of either occurring on the premises as a result of any breach of the tenant (or other person on the Premises with the consent of the tenant) of Clause 18 or 19 of Part B of the residential tenancy agreement act or omission by the Tenant or others on the Premises with the consent of the Tenant.

 

ADDITIONAL TERM 25

Airbnb

The tenant may not grant other person’s the right to occupy or use the whole or part of the premises for the tenant’s commercial gain, whether by written or verbal agreement with the other person/s, without the lessor's permission. Which will be granted or withheld at the lessor’s sole discretion.

 

21 Sep 2016

AU-WA-RE-PM-024 v2.1

AU-WA-RE-PM-025 v2.3

Changes as per Department Of Commerce Consumer Protection

 

02 Jun 2016

AU-WA-RE-PM-024 v2.0

AU-WA-RE-PM-025 v2.2

Changes as per Department Of Commerce Consumer Protection

 

20 Sep 2015

AU-WA-RE-PM-024 v1.9

AU-WA-RE-PM-025 v2.1

Additions / Changes:

 

Part A & B

Changes as per Department Of Commerce Consumer Protection

 

Part D

Item 3

TENANT/S

 

Tenant One Fax: …………………………………….... Tenant Two Fax: ……………………………………....

 

Tenant Three

Name: ............................................................................................................................................

Address: .........................................................................................................................................

Phone: .............................. Fax: ..............................  Email: ...........................................................

 

Tenant Four

Name: ............................................................................................................................................

Address: .........................................................................................................................................

Phone: .............................. Fax: ..............................  Email: ...........................................................

 

Giving of notices and information by electronic means

Indicate below for each of the following persons whether the person agrees to notices and information being given by email or facsimile under the Electronic Transactions Act 2011.

Tenant three

Email: Yes __   No __     Facsimile: Yes __   No __

[insert email address or facsimile number if different from contact details above] ..………………………..

Tenant four

Email: Yes __   No __     Facsimile: Yes __   No __

[insert email address or facsimile number if different from contact details above] ..………………………..

 

ABN details (if applicable): …………………………………………………………………………………………

 

Part E

Clause 1.3

Electronic Document: means any electronic communication (including Notices) as defined in the Electronic Transactions Act 2011 including any electronically generated document situated on an external server readily accessible via a link within an electronic communication or other electronically generated document.

 

Part E

Clause 1.6

Related Document: means any written communication (including Notices), with regard to this matter, between the parties including any Electronic Documents.

 

Part E

Clause 6.4

With respect to Part E Clause Term 6.3 the Tenant will, if requested by the Lessor, return the Premises to its original state in accordance with the Condition Report.

 

Part E

Clause 6.5

Any of the works carried out as provided in Part E Clause Term 6.3 not removed at the end of the Tenancy shall become the property of the Lessor and may be removed by the Lessor at the Tenant’s cost

 

Part E

Clause 10.17

Where a product, fixture or fitting provided with the Premises has a warning label or safety instructions attached the Tenant is not to deface, damage or remove such label.

 

Part E

Clause 14

The Tenant will, at the conclusion of the Tenancy, have complied with the requirements of Part E Clause Term 10 Care of the Premises in all respects and in addition on vacating the Premises the Tenant will deliver vacant possession and:

 

Part E

Clause 14.5

provide written evidence of compliance with the requirements of Part E Clauses 14.1 and 14.2 to the Lessor or the Lessor’s Property Manager on or before vacating.

 

Part E

Clause 19

Provision of Documents

The parties agree and confirm documents may be forwarded electronically if the recipient has provided an email address &/or facsimile number in Part A Tenant of this Agreement.

 

Part E

Clause 19

Related Documents/Notices

19.1

Any Related Document, including this Agreement to be given to any party under this Agreement shall be in writing and may be given to that party:

(1)

in accordance with Part B Clauses 51A, 51B, 51C and 51D of this Agreement; or

(2)

by delivery to an alternative address provided in writing by the party, by any of the methods outlined in Part E Clause 19.1(1) above.

19.2

In Part B Clause 51C.3 of this Agreement any reference to Part A will also be taken to include a reference to Part D Items 1, 2 and 3.

19.3

Where there are 2 or more Lessors or Tenants a Related Document need only be given to one of them.

19.4

Where a Related Document is to be given to a person directly it shall be deemed to have been given if it is given to any person apparently over the age of 16 years apparently residing at the place of residence of the intended recipient (Residential Tenancies Act 1987 Section 85).

19.5

A Related Document posted shall be deemed to have been given, unless the contrary is shown, at the time when, by the ordinary course of post, the Related Document would be delivered.

19.6

A Related Document sent by electronic communication will be deemed to have been received in accordance with Section 14 of the Electronic Transactions Act 2011.

19.7

Related Documents must be given before 5pm on a Business Day, failing which, such Related Document will be deemed to have been given on the next Business Day.

19.8

The parties acknowledge and agree an Electronic Document readily accessible via a link within a Related Document is received when the Related Document is given and will be opened when the Related Document is opened.

19.9

The parties agree to execution, delivery and service of Related Documents electronically by a method provided by DocuSign or such other agreed electronic signature service provider.

 

Part E

Clause 21

Notices

21.1

A notice under the Act can be given

(1)

to any person by handing or posting it to the person;

(2)

to a Tenant, by giving it to

(a)

any person apparently residing at the premises and who appears to be over 16; or

(b)

the person who ordinarily pays the rent;

(3)

to the Lessor, by giving it to

(a)

the Lessor’s property manager; or

(b)

a person who appears to be over 16 and apparently residing at the place of residence of the Lessor; or

(c)

the person who ordinarily receives the rent.

21.2

Where there are 2 or more Lessors or Tenants notice need only be given to one of them.

 

11 Jun 2015

AU-WA-RE-PM-024 v1.8

AU-WA-RE-PM-025 v2.0

Copyright statement updated.

 

12 Mar 2014

AU-WA-RE-PM-024 v1.7

AU-WA-RE-PM-025 v1.7

Additions / Changes:

 

Part E

Clause 20

Privacy Statement

20.1

The Lessor’s Property Manager collects and uses personal information provided by you as the Tenant to provide services required by you or on your behalf during the tenancy.

The Lessor’s Property Manager must comply with the provisions of the Australian Privacy Principles (Privacy Act 1988) and where required maintain a Privacy Policy.

20.2

The Privacy Policy outlines how the Lessor’s Property Manager collects and uses personal information provided by you as the Tenant, or obtained by other means, to provide the services required by you or on your behalf.

20.3

The Tenant agrees that the Lessor’s Property Manager may, subject to the Privacy Act 1988 (CTH) (where applicable), collect, from & use and disclose such information to:

(1)

the Lessor of the Premises to which this Tenancy Agreement applies; &/or

(2)

tenancy databases but only in accordance with Part B Clause 50 Tenancy Databases of this Agreement; &/or

(3)

tradespeople and similar contractors engaged by the Lessor or Lessor’s Property Manager in order to facilitate the carrying out of works with respect to the Premises; &/or

(4)

the Lessor’s insurance companies; authorised real estate personnel; courts and tribunals and other third parties as may be required by the Lessor’s Property Manager relating to the administration of the Premises and use of the Lessor’s Property Manager’s services; &/or

(5)

Body Corporates/Strata Companies

20.4

Without provision of certain information the Lessor’s Property Manager may not be able to act effectively or at all in the administration of this Agreement.

20.5

The Tenant has the right to access such information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.

20.6

The Lessor’s Property Manager will provide (where applicable), on request, a copy of its Privacy Policy.

 

04 Nov 2013

AU-WA-RE-PM-024 v1.6

AU-WA-RE-PM-025 v1.6

Additions / Changes:


Part E

Clause 12.4

In accordance with s29(1A) of the Act pet does not include a assistance guide dog as defined in the Dog Act 1976 section 38(1).

 

01 Jul 2013

AU-WA-RE-PM-024 v1.5

AU-WA-RE-PM-025 v1.5

Changes as per Department Of Commerce Consumer Protection

 

30 Jul 2012

AU-WA-RE-PM-024 v1.4

AU-WA-RE-PM-025 v1.4

Additions / Changes:


Clause 1.1(6)

Landlord: the Landlord referred to in Item (2), its successor and assigns and persons authorised by the Landlord and otherwise in accordance with the definition of "Lessor" in the Act.


Clause 29

The parties agree and confirm documents may be forwarded electronically if the recipient has provided an email address &/or facsimile number, for delivery or service of documents, in the Item Schedule to this Agreement.  

 

22 Jun 2011

AU-WA-RE-PM-024 v1.3

AU-WA-RE-PM-025 v1.3

Additions / Changes:


Item 2

whose agent is (if applicable)

Licensee: ..............………………………………………………………………………………………..…………

Agent: .......…………………………………………………………………………………………………………….

Business Address: .…………………………………………………………………………………………………..

Service of Documents Address: ...………………………………………..…………………………………………

ABN: ………………….... Phone: ……………...………. Fax: ……..…….………. Mobile: …………...……….

Contact: ……………………..……..………….. Email: ………..………..…………………....…….…………..…

Licensed: Real Estate & Business Agent/ Real Estate Agent/ Business Agent

 

08 Jun 2011

AU-WA-RE-PM-024 v1.2

AU-WA-RE-PM-025 v1.2

Additions / Changes:


Clause 7.3

Where the Tenant is permitted by the Landlord to keep pets on the Premises, the Landlord may charge the Tenant an additional security bond (Pet Bond) of not more than $260 which the Landlord may use to pay the cost of fumigation of the Premises at the end of the Tenancy.


Clause 14.1(4)

the Tenant agrees not to fix any fixtures or make any renovations, alterations or additions to the Premises without the Landlord’s consent.


Clause 14.1(12)

The Tenant agrees to test as required on a regular basis any Residual Current Device (Safety Switch) and Smoke Alarms.


Clause 14.1(17)

To keep the Premises free of rodents, termites, cockroaches and other vermin and to notify the Landlord promptly of any vermin or pest infestation which, should the presence of such vermin or infestation have arisen due to act or neglect on the part of the Tenant, shall be the Tenant’s responsibility.


Clause 23(g)

provide written evidence of compliance with the requirements of Clause 23 (c) and (d) should be provided to the Landlord/Agent on or before vacating.


Clause 24.2

If at the end of the Tenancy or at any other time prior to the end of the Tenancy the Tenant is in breach of the obligations under this Tenancy Agreement (including its obligations to maintain the Premises) the Landlord may rectify such breach and claim the cost of such rectification from the Security Bond or the Tenant, subject to the provisions of the Act.


Clause 26

Except in the case where the Landlord &/or the Landlord’s agent have been negligent or fail to comply with obligations under the Act, neither the Landlord or the Landlord’s Agent (acting with the Landlord’s authority) will The Landlord will not be liable for any loss or damage suffered by the Tenant or other persons on the Premises with respect to either person or property AND the Tenant indemnifies the Landlord &/or the Landlord’s Agent against all liability and damages arising there from with respect to injury or damage to the Tenant or other persons or the property of either occurring on the Premises as a result of any act or omission by the Tenant or others on the Premises with the consent of the Tenant.


Clause 29

The parties agree and confirm documents may be forwarded electronically if the recipient has provided an email address &/or facsimile number, for delivery or service of documents, in the Item Schedule to this Agreement.


Clause 31

(1)

The Landlord’s Agent collects and uses personal information provided by you as the Tenant to provide services required by you or on your behalf during the tenancy.

(2)

You as the Tenant agree the Landlord’s Agent may subject to the Privacy Act 1988 (CTH) (where applicable), collect from & use and disclose personal information to:


(1)

the Landlord of the Premises to which this Tenancy Agreement applies; &/or


(2)

tenancy databases for the purpose of properly assessing the risk in providing you with the lease; &/or


(3)

tradespeople and similar contractors engaged by the Landlord/ Landlord’s Agent in order to facilitate the carrying out of works with respect to the Premises; &/or


(4)

the Landlord’s insurance companies; authorised real estate personnel; courts and tribunals and other third parties as may be required by the Landlord’s Agent relating to the  administration of the Premises and use of the Landlord’s Agent’s services; &/or


(5)

Body Corporates/Strata Company

(3)

Without provision of certain information the Landlord’s Agent may not be able to act effectively or at all in the administration of this Agreement.

(4)

The Tenant has the right to access such personal information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.