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BLACK = Old Item/Clause | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted
29 Mar 2021
Form deleted and replaced by AUVICREPM013 - Form 1 Residential Rental Agreement.
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19 Jun 2019 v2.3
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Clause 25.3
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The Landlord must not increase the rent at intervals of less than 126 months.
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30 May 2019 v2.2
All instances of 'Fax' removed.
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Clause 29
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29.1
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The Landlord’s Letting Agent Parties must will comply with the provisions of the Australian Privacy Principles (Privacy Act 1988 (CTH)) and where required maintain a Privacy Policy no personal information will be disclosed without prior consent.
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29.2
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The Privacy Policy outlines how the Landlord’s Letting Agent 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.
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29.3
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You as the Tenant agree the Landlord’s Letting Agent may, subject to the Privacy Act 1988 (CTH) (where applicable), collect, use and disclose such information to:
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(1)
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the Landlord of the Premises to which this Agreement applies, insofar as such information is relevant to the managing and/or leasing of the Premises; and/or
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(2)
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(subject to the provisions of Part 10A of the Residential Tenancies Act 1997) residential tenancy databases for the purpose of enabling a proper assessment of the risk in providing you with the tenancy and if applicable listing, in compliance with Section 439E of the Residential Tenancies Act 1997, tenancy agreement breaches; and/or
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(3)
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previous managing agents or landlords and nominated referees to confirm information provided by you.
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29.4
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Documents or copies of documents provided to establish the identity of the Tenant or persons entitled to deal on behalf of the Tenant, will be retained by the Landlord’s Letting Agent in accordance with the Australian Privacy Principles and will not be used for any purpose other than confirming the identity of such person/s.
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29.5
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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.
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29.6
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The Landlord’s Letting Agent will provide (where applicable), on request, a copy of its Privacy Policy.
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Clause 30
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Upon signing this Agreement the parties agree the Landlord’s Letting Agent, and the form completion service provider providing this form, may without disclosing Personal Information collect, use and disclose to Data Collection Agencies information contained in this Agreement.
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Clause 31
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In Additional Terms 29 and 30 the following terms, where they appear, mean:
(1)
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Data Collection Agency: means an agency or organisation that collects real estate data to provide information to the real estate, finance and property valuation industries to enable data analysis.
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(2)
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Personal Information: means personal information as defined in the Privacy Act 1988 (CTH).
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03 Apr 2019 v2.1
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Title
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RESIDENTIAL TENANCY AGREEMENT
Residential Tenancies Act 1997 (Section 26(1))
Residential Tenancies Regulations 201908 (Regulation 8(1)7)
(Note: Where there is insufficient space in any Item place details in an Annexure and refer to the Annexure in the Item)
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07 May 2018 v2.0
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Title
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RESIDENTIAL TENANCY AGREEMENT
Residential Tenancies Act 1997 (Section 26(1))
Residential Tenancies Regulations 2008 (Regulation 7)
(Note: Where there is insufficient space in any Item place details in an Annexure and refer to the Annexure in the Item)
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23 Jun 2017 v1.9
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Clause 26
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REPAIRS/URGENT REPAIRS
26.1
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(1)
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Authorised Contact for Repairs/Urgent Repairs:
Contact Name:…………………………………………… Phone: (…)………………………………
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(1)
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Urgent Repairs Contact:
The Landlord has authorised the following contact to approve Urgent Repairs:
Name: ……………………………….. Phone: (…)…………………… Limit: $ ........................
The Agent is not authorised to approve Urgent Repairs.
Note: The Limit specified for the Urgent Repairs Contact is the maximum amount the contact is authorised to approve for Urgent Repairs.
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(2)
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For Urgent Repairs the Tenant should notify the Authorised Urgent Repairs Contact or where there is no Authorised Urgent Repairs Contact nominated or available, the Landlord.
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26.2
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The Tenant may arrange for a suitably qualified person to make emergency Urgent Repairs if:
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(1)
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after giving notice in accordance with Clause 26.1(2) the Tenant is unable to get the Authorised Urgent Repairs Contact or the Landlord to immediately carry out the repairs, or
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(2)
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after taking reasonable steps the Tenant is unable to notify an the Authorised Urgent Repairs Contact or the Landlord.
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26.3
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Where the Tenant has arranged for Urgent Repairs in accordance with Clause 26.2 the Landlord is liable to reimburse the Tenant for the reasonable costs of the repairs up to a value of $1800.00 (or such other amount that may be prescribed) including GST, provided the Tenant has given the Landlord/Landlord’s Agent written notice of such repairs (including relevant accounts) within 14 days of the repairs being carried out.
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26.4
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Urgent Repairs: (as defined in the Act) means any work necessary to repair or remedy:
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(1)
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a burst water service; or
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(2)
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a blocked or broken lavatory system; or
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(3)
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a serious roof leak; or
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(4)
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a gas leak; or
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(5)
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a dangerous electrical fault; or
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(6)
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flooding or serious flood damage; or
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(7)
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serious storm or fire damage; or
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(8)
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a failure or breakdown of any essential service or appliance provided by the Landlord on the Premises for hot water, cooking, heating or laundering; or
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(9)
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a failure or breakdown of the gas, electricity or water supply to the Premises; or
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(10)
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malfunctioning of an appliance, fitting or fixture provided by the Landlord that uses or supplies water that will or may result in substantial water waste; or
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(11)
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any fault or damage that causes the Premises to be unsafe or not secure, or
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(12)
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a serious fault in a lift or staircase
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26.5
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For non-urgent repairs the Tenant should contact the Landlord unless otherwise instructed in writing by the Landlord.
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30 Sep 2016 v1.8
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Clause 4A
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CONSENT TO ELECTRONIC SERVICE
(1)
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Express Consent
The TENANT: [Check one box only]
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Consents to the electronic service of notices and other documents in accordance with the requirements of the Electronic Transactions (Victoria) Act 2000 at this email address:
Email address ...............................................................................................................
OR
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Does Not Consent to the electronic service of notices and other documents.
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The LANDLORD: [Check one box only]
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Consents to the electronic service of notices and other documents in accordance with the requirements of the Electronic Transactions (Victoria) Act 2000 at this email address:
Email address ...............................................................................................................
OR
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Does Not Consent to the electronic service of notices and other documents.
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(2)
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Inferred Consent
If the TENANT or the LANDLORD (as the case may be) has not consented to electronic service under subclause (1), the TENANT or the LANDLORD must not infer consent to electronic service from the receipt or response to emails or other electronic communications.
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(3)
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Change of Electronic Address
The TENANT or the LANDLORD must immediately give notice in writing to the other party if the email address for electronic service under subclause (1) changes.
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(4)
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Withdrawal of Consent
(a)
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The TENANT or the LANDLORD may withdraw their consent under subclause (1) to electronic service of notices and other documents only by giving notice in writing to the other party.
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(b)
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Following the giving of notice under paragraph (a), no further notices or other documents are to be served by electronic communication.
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Clause 6(b)
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The TENANT must take reasonable care to avoid damaging the Premises and any common areas.
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Additional Terms Notes
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Any additional terms must also comply with the Unfair Contract Terms under the Australian Consumer Law and Fair Trading Act 2012 Part 2-3 of the Australian Consumer Law (Victoria).
Contact Consumer Affairs Victoria on 1300 55 81 81 for further information or visit www.consumer.vic.gov.au.
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Clause 12
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Tenants
12.1
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All persons using the Premises as Tenants or otherwise must comply with the provisions of this Agreement and the Residential Tenancies Act 1997 and other relevant legislation and regulations. Any proposed change in Tenants must be immediately notified to the Landlord.
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Clause 17.4
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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 Landlord’s consent having been first obtained. The Landlord must act reasonably.
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Clause 25
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provision of documents
25.1
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The parties agree and confirm this Agreement and documents, notices and other correspondence required to be given to the Tenant throughout the term of this Agreement, may be forwarded electronically if the recipient has provided an email address &/or facsimile number here: ………………………………………….
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Clause 26
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tenants
26.1
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All persons using the Premises as Tenants or otherwise must comply with the provisions of this Agreement and the Residential Tenancies Act 1997 and other relevant legislation and regulations. Any proposed change in Tenants must be immediately notified to the Landlord.
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Clause 26
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REPAIRS/URGENT REPAIRS
26.1
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(1)
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Authorised Contact for Repairs/Urgent Repairs:
Contact Name:……………………………………. Phone: (…)………………………………..
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(2)
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For urgent repairs the Tenant should notify the Authorised Contact or where there is no Authorised Contact nominated or available, the Landlord.
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26.2
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The Tenant may arrange for a suitably qualified person to make emergency repairs if:
(1)
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after giving notice in accordance with Clause 26.1(2) the Tenant is unable to get the Authorised Contact or Landlord to immediately carry out the repairs, or
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(2)
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after taking reasonable steps the tenant is unable to notify the Authorised Contact or Landlord.
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26.3
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Where the Tenant has arranged for urgent repairs in accordance with Clause 26.2 the Landlord is liable to reimburse the Tenant for the reasonable costs of the repairs up to a value of $1800.00 (or such other amount that may be prescribed) including GST, provided the Tenant has given the Landlord written notice of such repairs (including relevant accounts) within 14 days of the repairs being carried out.
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26.4
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Urgent repairs (as defined in the Act) means any work necessary to repair or remedy:
(1)
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a burst water service; or
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(2)
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a blocked or broken lavatory system; or
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(3)
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a serious roof leak; or
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(4)
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a gas leak; or
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(5)
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a dangerous electrical fault; or
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(6)
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flooding or serious flood damage; or
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(7)
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serious storm or fire damage; or
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(8)
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a failure or breakdown of any essential service or appliance provided by the Landlord on the Premises for hot water, cooking, heating or laundering; or
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(9)
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a failure or breakdown of the gas, electricity or water supply to the Premises; or
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(10)
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malfunctioning of an appliance, fitting or fixture provided by the Landlord that uses or supplies water that will or may result in substantial water waste; or
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(11)
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any fault or damage that causes the Premises to be unsafe or not secure, or
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(12)
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a serious fault in a lift or staircase
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Clause 27
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URGENT REPAIRS
Tradesperson:…………………………………………………………...... Phone: (…)……………………..
27.1
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The Tenant may arrange for a suitably qualified person to make emergency repairs if:
(1)
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the Tenant has been unable to notify the Landlord or nominated repairer the nominated of the need for urgent repairs to the Premises; or
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(2)
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the repairs are not made within a reasonable time after notice is given to the Landlord.
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27.2
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The Landlord is liable to reimburse the Tenant for the reasonable costs of the repairs up to $1800 including GST provided the Tenant has given the Landlord 14 days written notice of such repairs being carried out.
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27.3
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Urgent repairs for which the Landlord agrees to make payment are:
(a)
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a burst water service; or
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(b)
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a blocked or broken lavatory system; or
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(c)
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a serious roof leak; or
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(d)
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a gas leak; or
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(e)
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a dangerous electrical fault; or
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(f)
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flooding or serious flood damage; or
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(g)
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serious storm or fire damage; or
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(h)
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a failure or breakdown of any essential service or appliance provided by the Landlord on the Premises for hot water, cooking, heating or laundering; or
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(i)
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a failure or breakdown of the gas, electricity or water supply to the Premises; or
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(j)
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malfunctioning of an appliance, fitting or fixture provided by the Landlord that uses or supplies water that will or may result in substantial water waste; or
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(k)
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any fault or damage that causes the Premises to be unsafe or not secure, or
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(l)
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a serious fault in a lift or staircase
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Note: With respect to items that use or supply water and cannot be repaired the Tenant may replace them with an item or items that is/are of or above a relevant prescribed level of rating.
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14 Sep 2015 v1.7
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Important Note 4
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At the start of the tenancy the Landlord or the Landlord’s Agent must give the Tenant a copy of the Renting a Home: A Guide for Tenants and Landlords booklet as published by the Consumer Affairs Victoria.
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Clause 3
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BOND
The Tenant must pay a bond of $.......................... to the Landlord/Agent on ……/……/……
In accordance with the Residential Tenancies Act 1997, the landlord must lodge the bond with the Residential Tenancies Bond Authority within 10 business days after receiving the bond.
If there is more than one Tenant and they do not contribute equally to the total bond, the amounts they each contribute are listed here:
Tenant’s Name
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Bond Amount
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………………………………………………………...................................
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……………………...............
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………………………………………………………...................................
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……………………...............
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………………………………………………………...................................
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……………………...............
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………………………………………………………...................................
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……………………...............
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If the Tenant does not receive a bond receipt from the Residential Tenancies Bond Authority within 15 business days of paying a bond, the Tenant should contact the Residential Tenancies Bond Authority (1300 13 71 64).
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Clause 12.1(10)
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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.
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Clause 14.3(2)
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Should the Landlord, Tenant or persons on the Premises with the permission or authority of either the Landlord or the Tenant damage or disconnect a utility servicing the Premises Property, the party who is at fault will be responsible for rectifying the damage or disconnection and paying all associated costs.
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Clause 33
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SIGNATURES
By signing this Agreement the Tenant/s:
•agree to lease the Premises on the terms and conditions contained herein. •acknowledge having received of a copy of Renting a Home: A Guide for Tenants and Landlords booklet as published by the Consumer Affairs Victoria, at the start of the tenancy.
Signed by the Landlord/Landlord’s Agent:
Signature: …………………………………………..…
Signature of Tenant(s):
Tenant 1: …………………………………………..… Tenant 2: …………………………………………..…
Tenant 3: …………………………………………..… Tenant 4: …………………………………………..…
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11 Jun 2015 v1.6
Copyright statement updated.
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12 Mar 2014 v1.5
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Clause 30
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Privacy Statement
30.1
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The Parties will comply with the Privacy Act 1988 and no personal information will be disclosed without prior consent.
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30.1
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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.
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30.3
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You as the Tenant agree the Landlord’s Agent may, subject to the Privacy Act 1988 (CTH) (where applicable), collect information from & use and disclose information to:
(1)
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the owner of the Premises to which this Tenancy Agreement applies; &/ or
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(2)
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(subject to the provisions of Part 10A of the Residential Tenancies Act 1997) residential tenancy databases for the purpose of enabling a proper assessment of the risk in providing you with the lease and if applicable listing, in compliance with Section 439E of the Residential Tenancies Act 1997, tenancy agreement breaches; &/or
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(3)
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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
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(4)
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the Landlord’s insurance companies; authorised real estate personnel; courts and tribunals and other third parties as may be required by the Landlord/ Landlord’s Agent relating to the administration of the Premises and use of the Landlord’s Agent’s services; &/or
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(5)
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Owners Corporations
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30.4
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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.
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30.5
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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.
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23 Dec 2013 v1.4
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Clause 13
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The Tenant agrees:
(1)
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not to remove or interfere with the operation of any smoke alarm installed on the residential Premises except with reasonable excuse, and
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(2)
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if any such smoke alarm has a replaceable battery, to ensure that the battery is replaced with a good quality battery at the start of each calendar year or whenever necessary.
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(3)
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test all smoke alarms regularly to ensure proper working order. The Landlord will provide relevant information for carrying out such checks.
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(4)
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to notify the Landlord promptly to enable suitable arrangements to be made if the Tenant is physically unable to change the battery or test the smoke alarm as required.
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(2)
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to notify the Landlord in writing promptly if any smoke alarm installed on the residential Premises is not functioning properly.
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Clause 21.4(6)
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have all carpets shampooed and/or steam cleaned by a qualified carpet cleaner on the last day of the tenancy and provide written evidence of such to the Landlord/Agent on or before vacating. (This condition shall only apply where the Premises were tenanted with new carpet or the existing carpet had been professionally cleaned prior to the commencement of the tenancy. The Tenant may request production of invoice or receipts evidencing same).
ensure carpets are left in a similar condition to their condition at the start of tenancy. If cleaning is required they should be professionally cleaned by a qualified carpet cleaner.
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30 May 2013 v1.3
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Tenant
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Name/s: …………………………………………………………………………………….................................
……………………………………………………………………………………………………………….
Address: …………….…………………………………………………………………………………………………
Phone/s: …………………………………………………………………………………….. ACN: ……..…………
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Clause 1
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The landlord lets the Premises known as:
………...………………………………………..………………………………………………………..……………..
together with those items indicated in the Schedule (strike out if not applicable).
…………….………….…………………………………………………………………………………………………
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Additional Terms
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ADDITIONAL TERMS - Additional terms which do not take away any of the rights and duties included in the Residential Tenancies Act 1997 may be set out in this section.
Any additional terms must also comply with the Unfair Contract Terms under the Australian Consumer Law and Fair Trading Act 2012.
Contact Consumer Affairs Victoria on 1300 55 81 81 for further information.
[By initialing below the Tenant agrees to having read and understood the following additional terms of this Agreement]
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Clause 25.1
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The parties agree and confirm this Agreement and documents, notices and other correspondence required to be given to the Tenant throughout the term of this Agreement, may be forwarded electronically if the recipient has provided an email address &/or facsimile number in the Item Schedule to this Agreement. here: …………………………………………
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Clause 30.2
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You as the Tenant agree the Landlord, and in the case of Clause 30.2(1) hereof, the Landlord’s Letting Agent may, subject to the Privacy Act 1988 (CTH) (where applicable), collect information from & use and disclose personal information to:
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06 Jul 2012 v1.2
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Additional Terms
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Additional terms which do not take away any of the rights and duties included in the Residential Tenancies Act 1997 may be set out in this section.
Any additional terms must also comply with the Unfair Contract Terms under the Fair Trading Act 1999 Australian Consumer Law and Fair Trading Act 2012.
Contact Consumer Affairs Victoria on 1300 55 81 81 for further information.
[By initialing below the Tenant agrees to having read and understood the following additional terms of this Agreement]
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02 Jul 2012 v1.1
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Item 14.1
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In accordance with Section 52 of the Residential Tenancies Act 1997, the Tenant is liable for payment of:
| (1) | where the Premises are separately metered: |
(a) all charges in respect of the supply or use of electricity, gas, or oil. This excludes installation costs and charges in respect of the initial connection of such services to the Premises and the charges for the supply or hire of gas bottles.
| (b) | the cost of all water supplied where it is based solely on the amount of water supplied. |
| (c) | that part of the charge that is based on the amount of water supplied if the cost of water supplied is only partly based on the amount of water supplied. |
(d) all sewerage disposal charges imposed in respect of the Premises during the Tenancy Agreement.
Note: with respect to water and sewerage the Owner must notify the Authority in accordance with Section 273A(c) of the Water Act 1989.
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