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BLACK = Old Item/Clause | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted
15 Nov 2023 v5.2
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TERM 35.2
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the landlord may refuse permission (whether or not it is reasonable to do so) to the transfer of the whole of the tenancy or sub-letting the whole of the residential premises, and
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ADDITIONAL TERM - INSURANCE
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73
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The tenant agrees not to, by act or omission, either directly or indirectly, do anything which would unreasonably:
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73 (a)
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cause (or increase the risk of) any increase in the premium of any insurance the landlord may have over the premises (or their contents); or
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73 (b)
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cause or expose (or increase the risk of exposure) the landlord to any claim on any such insurance policy; or
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73 (c)
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cause (or increase the risk of) any such insurance policy to be invalidated.
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ADDITIONAL TERM - TERMINATION
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65.
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Acceptance by the landlord of payment of rent or other monies owing by the tenant after service of a notice of termination by the tenant will not amount to or be seen as a waiver of such notice or any of the landlord’s rights under this agreement or the Residential Tenancies Act 2010.
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Note. Where the tenancy is at an end and the tenant does not vacate the premises the landlord is entitled to make an application to the Civil and Administrative Tribunal for vacant possession and/or compensation.
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65.1
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Acceptance by the landlord of payment of rent or other monies owing by the tenant after service of a notice of termination by the tenant will not amount to or be seen as a waiver of such notice or any of the landlord’s rights under this agreement, the Residential Tenancies Act 2010 or any other applicable law.
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65.2
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Where the tenancy is at an end and the tenant does not vacate the premises, the landlord is entitled to and expressly reserves the right to make an application to the Civil and Administrative Tribunal for vacant possession and/or compensation.
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ADDITIONAL TERM - TELECOMMUNICATION SERVICES
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68.
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On termination the tenant agrees to leave telecommunication services (for example telephone, internet, television – analogue, digital 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).
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69.
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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.
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70.
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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.
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ADDITIONAL TERM - STATUTES AND BY-LAWS
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71.
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The tenant will at all times comply with all applicable statutes, orders, regulations, by-laws (including by-laws referred to in Clauses 38 and 39 if applicable) and management statements relating to the premises including health and safety, noise or the tenant’s occupation of the premises generally.
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ADDITIONAL TERM - INSURANCE
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73.
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The tenant agrees, not by act or omission to, do anything which would cause any increase in the premium of any insurance the landlord may have over the premises (or their contents) or cause such insurance policy to be invalidated.
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73.
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The tenant agrees not to, by act or omission, either directly or indirectly, do anything which would:
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(a)
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cause any increase in the premium of any insurance the landlord may have over the premises (or their contents); or
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(b)
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cause or expose the landlord to any claim on any such insurance policy; or
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(c)
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cause any such insurance policy to be invalidated
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18 Jan 2023 v5.1
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ADDITIONAL TERM - CARE AND USE OF PREMISES
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59.14
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To replace any light bulbs and fluro tubes that have blown during the term of the tenancy.
at the commencement of the tenancy, the Landlord has provided the premises with all light bulbs, LED lights and fluorescent tubes in good working order. The Tenant will promptly replace, at the Tenant’s cost, blown or damaged light bulbs, LED lights or fluorescent tubes (and starters, if required) and ensure all are in a working condition at the end of the tenancy. Where damage has been occasioned by the Landlord or its Agent, it shall be the Landlord’s responsibility to replace such damaged equipment.
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20 Jul 2021 v5.0
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LANDLORD
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Address for service of notices (can be the an managing Aagent’s business address):
…………………………………………………………………………………………………………………………
Note. Business or Residential address must be provided for landlord(s) if there is no landlord’s managing agent.
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ADDITIONAL TERM - CONDITION REPORT
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57.2
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The tenant acknowledges that prior to signing this agreement, the tenant was provided with two physical copies (or one electronic copy) of any applicable condition report required to be provided to the tenant under the Residential Tenancies Act 2010.
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ADDITIONAL TERM - CARE AND USE OF PREMISES
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59.1
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they must only use the premises as their place of residence. Should the tenant wish to use the premises for a purpose other than or in addition to their place of residence (including but not limited to sub-letting), the tenant must first make a request in writing to the landlord. Any consent will be at the absolute discretion of the landlord, and if granted, must be in writing and may be subject to additional terms.
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59.2
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to not paint, mark, affix posters, use nails, screws or adhesives, or in any way deface the premises (whether internally or externally) without first obtaining the prior written consent of the landlord.
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59.10
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where a water efficiency device is installed on the premises, not to remove, modify, tamper with, or damage in any way (whether directly or indirectly) such device.
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59.17
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where, for the purposes of Clause 43.1 of this agreement, the tenant becomes aware or suspects that any smoke alarm (or similar device) present in the residential premises is faulty, to promptly notify the landlord/landlord’s agent.
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ADDITIONAL TERM - TERMINATION
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65.
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Acceptance by the landlord of payment of rent or other monies owing by the tenant after service of a notice of termination by the tenant will not amount to or be seen as a waiver of such notice or any of the landlord’s rights under this agreement or the Residential Tenancies Act 2010.
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Note. Where the tenancy is at an end and the tenant does not vacate the premises the landlord is entitled to make an application to the Civil and Administrative Tribunal for vacant possession and/or compensation.
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65.1
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Acceptance by the landlord of payment of rent or other monies owing by the tenant after service of a notice of termination by the tenant will not amount to or be seen as a waiver of such notice or any of the landlord’s rights under this agreement, the Residential Tenancies Act 2010 or any other applicable law.
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65.2
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Where the tenancy is at an end and the tenant does not vacate the premises, the landlord is entitled to and expressly reserves the right to make an application to the Civil and Administrative Tribunal for vacant possession and/or compensation.
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ADDITIONAL TERM - TELECOMMUNICATION SERVICES
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68.
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On termination the tenant agrees to leave telecommunication services (for example telephone, internet, television – analogue, digital 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).
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69.
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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.
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70.
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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.
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ADDITIONAL TERM - STATUTES AND BY-LAWS
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71.
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The tenant will at all times comply with all applicable statutes, orders, regulations, by-laws (including by-laws referred to in Clauses 38 and 39 if applicable) and management statements relating to the premises including health and safety, noise or the tenant’s occupation of the premises generally.
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ADDITIONAL TERM - INSURANCE
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73.
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The tenant agrees, not by act or omission to, do anything which would cause any increase in the premium of any insurance the landlord may have over the premises (or their contents) or cause such insurance policy to be invalidated.
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73.
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The tenant agrees not to, by act or omission, either directly or indirectly, do anything which would:
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(a)
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cause any increase in the premium of any insurance the landlord may have over the premises (or their contents); or
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(b)
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cause or expose the landlord to any claim on any such insurance policy; or
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(c)
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cause any such insurance policy to be invalidated
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30 Mar 2021 v4.9
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Title
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Standard Form Residential Tenancy Agreement
Residential Tenancies Regulation 20190, Schedule 1, Clause 4(1)
Important information
Please read this before completing the residential tenancy agreement (the Agreement).
1.
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This form is your written record of your tenancy agreement. This is a binding contract under the Residential Tenancies Act 2010, so please read all terms and conditions carefully.
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2.
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If you need advice or information on your rights and responsibilities, please call NSW Fair Trading on 13 32 230 or visit www.fairtrading.nsw.gov.au before signing the Agreement.
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3.
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If you require extra space to list additional items and terms, attach a separate sheet. All attachments should be signed and dated by both the landlord or the landlord’s agent and the tenant to show that both parties have read and agree to the attachments.
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4.
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The landlord or the landlord’s agent must give the tenant a copy of the signed Agreement and any attachments, two copies or one electronic copy of the completed condition report and a copy of NSW Fair Trading’s Tenant Information Statement publication.
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08 Feb 2021 v4.8
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ADDITIONAL TERM - END OF TERM OR OCCUPANCY
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66.
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The tenant will on vacating the premises:
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(g)
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Provide written evidence (eg. receipt, invoice) of compliance with the requirements of Clauses 66 (b), (c) and (f) to the landlord/landlord’s agent on or before vacating.
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13 Jan 2021 v4.7
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LANDLORD
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(insert name and telephone number or other contact details of Landlord(s))
Insert name and telephone number or other contact details of Landlord(s).
| Name/s: | …………………………………………………………………………………………………………… |
| Phone: | (…)……………………… Mobile: ………………………… Email: ………………………………... |
Other Contact Details: …………………………………………………………………………………………….
If the landlord does not ordinarily reside in New South Wales, specify the State, Territory or, if not in Australia, country in which the landlord ordinarily resides: ……………………………………………………
Note. These above details must be provided for landlord(s), including at least one contact method, whether or not there is a landlord’s agent.
Address for service of notices (can be an Agent’s business address):
……………………………………………………………………………………………………………………….
Note. Business or Residential address must be provided for landlord(s) if there is no landlord’s agent.
If the landlord does not ordinarily reside in New South Wales, specify the State, Territory or, if not in Australia, country in which the landlord ordinarily resides: ……………………………………………………
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CONDITION REPORT
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A condition report relating to the condition of the premises must be completed by or on behalf of the Landlord before or when this Agreement is given to the tenant for signing.
If this Agreement is for premises already occupied by the tenant under a previous agreement, the landlord and tenant agree that the condition report, prepared for a tenancy agreement dated
…… / …… / …… and entered into by the tenant, and dated …… / …… / …… applies to this Agreement.
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29 Sep 2020 v4.6
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LANDLORD
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(insert name and telephone number or other of Landlord(s) and contact details of Landlord(s))
Name/s: ……………………………………………………………………………………………………………
Phone: (…)……………………… Mobile: ………………………… Email: ………………..........................
Other Contact Details: ……………………………………………………………………………………………
Note. These details must be provided for landlord(s), whether or not there is a landlord’s agent.
Address for service of notices (can be an Agent’s business address):
Address: ……………………………………………………………………………………………………………
Note. These Business or Residential address details must be provided for landlord(s) if there is no landlord’s agent.
If the landlord does not ordinarily reside in New South Wales, specify the State, Territory or, if not in Australia, country in which the landlord ordinarily resides: ……………………………………………………
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TENANT(S)
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Name/s: …………………………………………………………………………………………………………….
Address for service of notices (if not address of Residential Premises):
Address: ……………………………………………………………………………………………………………
Phone: (…)…………………… Mobile: ……………………… Email: …………………………………………
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Clause 37.4
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if the landlord or landlord’s agent is a corporation and the name or business address of the corporation changes, to give the tenant notice in writing of the change within 14 days., and
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Clause 37.5
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if the State, Territory or country in which the landlord ordinarily resides changes, to give the tenant notice in writing of the change within 14 days.
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24 Sep 2020 v4.5
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Clause 42
Note 4
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Section 64A of the Act provides that a smoke alarm includes a heat alarm.
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CONTINUATION OF TENANCY
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Once any fixed term of this agreement ends, the agreement continues in force on the same terms as a periodic agreement unless the agreement is terminated by the landlord or the tenant in accordance with the Residential Tenancies Act 2010 (see notes 3 and 4). Clauses 5 and 6 of this agreement provides for rent to be able to be increased if the agreement continues in force, with certain restrictions.
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23 Mar 2020 v4.4
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Title
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Standard Form Residential Tenancy Agreement
Residential Tenancies Regulation 20190, Schedule 1, Clause 4(1)
Important information
Please read this before completing the residential tenancy agreement (the Agreement).
1.
|
This form is your written record of your tenancy agreement. This is a binding contract under the Residential Tenancies Act 2010, so please read all terms and conditions carefully.
|
2.
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If you need advice or information on your rights and responsibilities, please call NSW Fair Trading on 13 32 30 or visit www.fairtrading.nsw.gov.au before signing the Agreement.
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3.
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If you require extra space to list additional items and terms, attach a separate sheet. All attachments should be signed and dated by both the landlord or the landlord’s agent and the tenant to show that both parties have read and agree to the attachments.
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4.
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The landlord or the landlord’s agent must give the tenant a copy of the signed Agreement and any attachments, two copies or one electronic copy of the completed condition report and a copy of NSW Fair Trading’s Tenant Information Statement publication.
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LANDLORD
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| Name/s: | ……………………………………………………………………………………………………………… |
Phone: (…)…………………… Mobile: ……………………… Email: …………………………………………
Note. These details must be provided for landlord(s), whether or not there is a landlord’s agent.
Address: ………………………………………………………………………………………………………………
Note. These details must be provided for landlord(s) if there is no landlord’s agent.
Phone: (…)…………………… Mobile: ……………………… Email: …………………………………………
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TERM OF AGREEMENT
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The term of this Agreement is: ………………………………………..………………… weeks/months/years
__ 6 Months __ 12 Months __ 18 Months __ 2 Years __ 3 Years __ 5 Years
__ Other (Please specify) ……………………………………………………………………………………………
__ Periodic (no end date)
starting on …… / …… / …… and ending on …… / …… / …… (cross out if not applicable)
Note. For a residential tenancy agreement having a fixed term of more than 3 years, the agreement must be annexed to the form approved by the Registrar-General for registration under the Real Property Act 1900.
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RESIDENTIAL PREMISES
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Note: insert any excluded items in the Other Additional Terms Item on the signature page
The residential premises are: ………………………………………………………………………………………
The residential premises include:(include any inclusions additional matters, for example, such as a parking space, garages or furniture provided. Attach additional pages if necessary.)
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RENT/RENT INCREASE
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The rent is $ ………..…. per ………………..……...…. payable in advance starting on …… / …… / ……
Note. Under section 33 of the Residential Tenancies Act 2010, a landlord, or landlord’s agent, must not require a tenant to pay more than 2 weeks rent in advance under this Agreement.
Rent Increase 1: Then from …… / …… / …… pay $ …………… per ……………………………………….
Rent Increase 2: Then from …… / …… / …… pay $ …………… per ……………………………………….
Note. Where the fixed term tenancy is for a term of two years or more the above Rent Increases are not required to be completed. See Additional Term 64B Clause 74.2.
The tenant must pay the rent in advance on the …………….. of every ………………….. (see Clause 4.2)
The method by which the rent must be paid:
(a)
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to …………………………………………. at: …………………………………………by cash or Electronic Funds Transfer (EFT), cheque; or
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(b)
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into the following account:
Account Name: …………………………………… Bank: .........................................................
BSB: …………..….. Account No.: …………………… Payment Reference: ………………………
or any other account nominated by the landlord; or
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(c)
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as follows: ……………………………………………..………………………………………………….
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Note. The Landlord or Landlord’s Agent must permit the Tenant to pay the rent by at least one means for which the Tenant does not incur a cost (other than bank fees or other account fees usually payable for the Tenant’s transactions) (see Clause 4.1) and that is reasonably available to the Tenant.
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RENTAL BOND
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A rental bond of $ …………………… must be paid by the Tenant on signing this Agreement. The amount of the rental bond must not be more than 4 weeks rent.
The tenant provided the rental bond amount to:
__ the landlord or another person, or
__ the landlord’s agent, or
__ NSW Fair Trading through Rental Bonds Online.
Note. All rental bonds must be lodged with NSW Fair Trading. If the bond is paid to the landlord or another person, it must be deposited within 10 working days after it is paid using the Fair Trading approved form. If the bond is paid to the landlord’s agent, it must be deposited within 10 working days after the end of the month in which it is paid.
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UTILITIES
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Is electricity supplied to the premises from an embedded network? __ Yes __ No
Is gas supplied to the premises from an embedded network? __ Yes __ No
For more information on consumer rights if electricity or gas is supplied from an embedded network contact NSW Fair Trading.
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SMOKE ALARMS
|
Indicate whether the smoke alarms installed in the residential premises are hardwired or battery operated:
__ Hardwired smoke alarm __ Battery operated smoke alarm
If the smoke alarms are battery operated, are the batteries in the smoke alarms of a kind the tenant can replace? __ Yes __ No
If yes, specify the type of battery that needs to be used if the battery in the smoke alarm needs to be replaced:
……………………………………………………......................................................................................
If the smoke alarms are hardwired, are the back-up batteries in the smoke alarms of a kind the tenant can replace? __ Yes __ No
If yes, specify the type of back-up battery that needs to be used if the back-up battery in the smoke alarm needs to be replaced:
……………………………………………………......................................................................................
If the Strata Schemes Management Act 2015 applies to the residential premises, is the owners corporation of the strata scheme responsible for the repair and replacement of smoke alarms in the residential premises? __ Yes __ No
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GIVING NOTICES AND OTHER DOCUMENTS ELECTRONICALLY [OPTIONAL]
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[Cross out if not applicable]
Indicate below for each person whether the person provides express consent to any notice and any other document under section 223 of the Residential Tenancies Act 2010 being given or served on them by email. The Electronic Transactions Act 2000 applies to notices and other documents you send or receive electronically.
[You should only consent to electronic service if you check your emails regularly. If there is more than one tenant on the agreement, all tenants should agree on a single email address for electronic service. This will help ensure co-tenants receive notices and other documents at the same time.]
Landlord
Does the landlord give express consent to the electronic service of notices and documents? __ Yes __ No
If yes, see clause 50.
Email Address: ……………………………………………………………………………………………………….
[Specify email address to be used for the purpose of serving notices and documents.]
Tenant
Does the tenant give express consent to the electronic service of notices and documents? __ Yes __ No
If yes, see clause 50.
Email Address: ……………………………………………………………………………………………………….
[Specify email address to be used for the purpose of serving notices and documents.]
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CONDITION REPORT
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A condition report relating to the condition of the premises must be completed by or on behalf of the Landlord before or when this Agreement is signed given to the tenant for signing.
If this Agreement is for residential premises already occupied by the tenant under a previous tenancy agreement, the landlord and tenant agree that the condition report prepared for a residential tenancy agreement entered into by the tenant and dated …… / …… / …… is to apply to this Agreement.
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Clause 2.1
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a copy of this agreement before or when this the tenant gives the signed copy of the agreement is signed and given by the tenant to the landlord or a person on the landlord’s behalf agent, and
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Clause 4.6
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to give a rent receipt to the tenant if rent is paid in person (other than by cheque) and to make a rent receipt available for collection by the tenant or to post it to the residential premises if rent is paid by cheque, and
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Clause 4.7
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to make a rent receipt available for collection by the tenant or to post it to the residential premises or to send it by email to an email address specified in this agreement by the tenant for the service of documents of that kind if rent is paid by cheque, and
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Clause 4.8 Note
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Note. The landlord and the tenant may, by agreement, change the manner in which rent is payable under this agreement.
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Clause 5
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The landlord and the tenant agree that the rent cannot be increased after the end of the fixed term (if any) of this agreement or under this agreement if the agreement is for a fixed term of 2 years or more, unless the landlord gives not less than 60 days written notice of the increase to the tenant. The notice must specify the increased rent and the day from which it is payable.
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Clause 6
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The landlord and the tenant agree that the rent may not be increased after the end of the fixed term (if any) of this agreement more than once in any 12-month period.
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Clause 10.3
|
all charges for the supply of electricity, gas (except non-bottled gas) or oil to the tenant at the residential premises that are not separately metered, and
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Clause 10.3 Note 1
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Note 1. Clause 10.3 does not apply to premises located in an embedded network in certain circumstances in accordance with clauses 34 and 35 of the Residential Tenancies Regulation 2019.
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Clause 10.3 Note 2
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Note 2. Clause 10.3 does not apply to social housing tenancy agreements in certain circumstances, in accordance with clause 36 of the Residential Tenancies Regulation 2019.
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Clause 10.8
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all service availability charges, however described, for the availability of gas supply of non-bottled gas to the residential premises if the premises are separately metered but do not have any appliances, supplied by the landlord, for which gas is required and the tenant does not use gas supplied to the premises, for any purpose if the and
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Clause 10.9
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the costs and charges for repair, maintenance or other work carried out on the residential premises which is required to facilitate the proper installation or replacement of an electricity meter, in working order, including an advanced meter, if the meter installation is required by the retailer to replace an existing meter because the meter is faulty, testing indicates the meter may become faulty or the meter has reached the end of its life.
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Clause 11.1
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all charges for the supply of electricity, gas (except bottled gas) or oil to the tenant at the residential premises if the premises are separately metered, and
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Clause 11.2
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all charges for the supply of non-bottled gas to the tenant at the residential premises if the premises are separately metered, unless the premises do not have any appliances supplied by the landlord for which gas is required and the tenant does not use gas supplied to the premises, and
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Clause 11.2 Note
|
Note. Charges for the supply of gas in certain circumstances may also be payable by a tenant under a social housing agreement in accordance with clause 36 of the Residential Tenancies Regulation 2019.
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Clause 11.3
|
all charges for the supply of bottled gas to the tenant at the residential premises except for the costs and charges for the supply or hire of gas bottles at the start of the tenancy, and
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Clause 11.6
|
water usage charges, if the landlord has installed water efficiency measures referred to in clause 10 of the Residential Tenancies Regulation 2019 and the residential premises:
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Clause 11.6 Note
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Note. Separately metered is defined in the Residential Tenancies Act 2010.
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Clause 12.4
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the residential premises have the following water efficiency measures:
12.4.1
|
all internal cold water taps and single mixer taps for kitchen sinks or bathroom hand basins on the premises have a maximum flow rate of 9 litres a per minute,
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12.4.2
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on and from 23 March 2025, all toilets are dual flush toilets that have a minimum 3 star rating in accordance with the WELS scheme,
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12.4.3
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all showerheads have a maximum flow rate of 9 litres a per minute,
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12.4.4
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there are no leaking taps at the commencement of this the residential tenancy agreement or when the and whenever any other water efficiency measures are installed, whichever is repaired or upgraded, the later premises are checked and any leaking taps or toilets on the premises have been fixed.
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Clause 17.4
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that it is the tenant’s responsibility to replace light globes and batteries for smoke detectors on the residential premises.
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Clause 17.4 Note
|
Note:
Under section 54 of the Residential Tenancies Act 2010, the vicarious liability of a tenant for damage to residential premises caused by another person is not imposed on a tenant who is the victim of a domestic violence offence, or a co-tenant who is not a relevant domestic violence offender, if the damage occurred during the commission of a domestic violence offence (within the meaning of that Act).
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Clause 18.4
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to remove or arrange for the removal of all rubbish from the residential premises in a way that is lawful and in accordance with council requirements, and
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Clause 18.6 Note
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Note. Under section 54 of the Residential Tenancies Act 2010, the vicarious liability of a tenant for damage to residential premises caused by another person is not imposed on a tenant who is the victim of a domestic violence offence, or a co-tenant who is not a relevant domestic violence offender, if the damage occurred during the commission of a domestic violence offence (within the meaning of that Act).
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Clause 19
|
The landlord agrees:
19.1
|
to make sure that the residential premises are reasonably clean and fit to live in, and
|
Note 1. Section 52 of the Residential Tenancies Act 2010 specifies the minimum requirements that must be met for residential premises to be fit to live in. These include that the residential premises:
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(a)
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are structurally sound, and
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(b)
|
have adequate natural light or artificial lighting in each room of the premises other than a room that is intended to be used only for the purposes of storage or a garage, and
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(c)
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have adequate ventilation, and
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(d)
|
are supplied with electricity or gas and have an adequate number of electricity outlet sockets or gas outlet sockets for the supply of lighting and heating to, and use of appliances in, the premises, and
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(e)
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have adequate plumbing and drainage, and
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(f)
|
are connected to a water supply service or infrastructure that supplies water (including, but not limited to, a water bore or water tank) that is able to supply to the premises hot and cold water for drinking and ablution and cleaning activities, and
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(g)
|
contain bathroom facilities, including toilet and washing facilities, that allow privacy for the user.
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Note 2. Premises are structurally sound only if the floors, ceilings, walls, supporting structures (including foundations), doors, windows, roof, stairs, balconies, balustrades and railings:
|
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(a)
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are in a reasonable state of repair, and
|
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(b)
|
with respect to the floors, ceilings, walls and supporting structures—are not subject to significant dampness, and
|
|
(c)
|
with respect to the roof, ceilings and windows—do not allow water penetration into the premises, and
|
|
(d)
|
are not liable to collapse because they are rotted or otherwise defective.
|
|
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Clause 19.5
|
not to hinder a tradesperson’s entry to the residential premises when the tradesperson is carrying out maintenance or repairs necessary to avoid health or safety risks to any person, or to avoid a risk that the supply of gas, electricity, water, telecommunications or other services to the residential premises may be disconnected, and
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Clause 19.6
|
to comply with all statutory obligations relating to the health or safety of the residential premises., and
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Clause 19.7
|
that a tenant who is the victim of a domestic violence offence or a co-tenant who is under the same agreement as the victim of the domestic violence offence but is not a relevant domestic violence offender is not responsible to the landlord for any act or omission by a co-tenant that is a breach of this agreement if the act or omission constitutes or resulted in damage to the premises and occurred during the commission of a domestic violence offence.
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Clause 20.6 Note (b)
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an appliance, fitting or fixture that uses water or is used to supply water that is broken or not functioning properly, so that a substantial amount of water is being wasted,
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Clause 23
|
The landlord and the tenant agree:
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|
Clause 24.10
|
to take photographs, or make visual recordings, of the inside of the premises in order to advertise the premises for sale or lease, if the tenant is given reasonable notice and reasonable opportunity to move any of their possessions that can reasonably be moved out of the frame of the photograph or the scope of the recording (this is only allowed once in a 28 day period before marketing of the premises starts for sale or lease or the termination of this agreement),
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Clause 25
|
The landlord agrees that a person who enters the residential premises under clause 24.5, 24.6, 24.7, 24.8, or 24.9 or 24.10 of this agreement:
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Clause 25.3
|
must not stay on the residential premises longer than is necessary to achieve the purpose of the entry to the premises, and
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PUBLISHING PHOTOGRAPHS OR VISUAL RECORDINGS
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28.
|
The landlord agrees that the landlord or the landlord’s agent must not publish any photographs taken or visual recordings made of the inside of the residential premises in which the tenant’s possessions are visible unless they first obtain written consent from the tenant.
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Note. See section 55A of the Residential Tenancies Act 2010 for when a photograph or visual recording is published.
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29.
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The tenant agrees not to unreasonably withhold consent. If the tenant is in circumstances of domestic violence, within the meaning of section 105B of the Residential Tenancies Act 2010, it is not unreasonable for the tenant to withhold consent.
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|
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FIXTURES, ALTERATIONS, AND ADDITIONS OR RENOVATIONS TO THE PREMISES
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30.
|
The tenant agrees:
|
30.1
|
not to install any fixture or renovate, alter or add to the residential premises without the landlord’s written permission, and
|
30.2
|
that certain kinds of fixtures or alterations, additions or renovations that are of a minor nature specified by clause 22(2) of the Residential Tenancies Regulation 2019 may only be carried out by a person appropriately qualified to carry out those alterations unless the landlord gives consent, and
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30.3
|
to pay the cost of a fixture, installed by or on behalf of the tenant, or any renovation, alteration or addition to the residential premises, unless the landlord otherwise agrees, and
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30.4
|
not to remove, without the landlord’s permission, any fixture attached by the tenant that was paid for by the landlord or for which the landlord gave the tenant a benefit equivalent to the cost of the fixture, and
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30.5
|
to notify the landlord of any damage caused by removing any fixture attached by the tenant, and
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30.6
|
to repair any damage caused by removing the fixture or compensate the landlord for the reasonable cost of repair.
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31.
|
The landlord agrees not to unreasonably refuse withhold consent permission for the installation of to a fixture, by the tenant or to a minor an alteration, addition or renovation by the tenant that is of a minor nature.
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Note. The Residential Tenancies Regulation 2019 provides a list of the kinds of fixtures or alterations, additions or renovations of a minor nature to which it would be unreasonable for a landlord to withhold consent and which of those fixtures, or alterations, additions or renovations the landlord may give consent to on the condition that the fixture or alteration, addition or renovation is carried out by an appropriately qualified person.
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Clause 35
|
The landlord and the tenant agree that:
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Clause 35.4 Note
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Note. Clauses 35.3 and 35.4 do not apply to social tenancy housing tenancy agreements.
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Clause 38
|
The landlord agrees to give to the tenant, before the tenant enters into this agreement, a copy of the by-laws applying to the residential premises if they are premises under the Strata Schemes Management Act 2015.
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Clause 39
|
The landlord agrees to give to the tenant, within 7 days of entering into this agreement, a copy of the by-laws applying to the residential premises if they are premises under the Strata Schemes Management Act 2015, the Strata Schemes Development Act 2015, the Community Land Development Act 1989 or the Community Land Management Act 1989.
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Clause 40
|
The rules of law relating to mitigation of loss or damage on breach of a contract apply to a breach of this agreement. (For example, if the tenant breaches this agreement, the landlord will not be able to claim damages for loss which could have been avoided by reasonable effort by the landlord.)
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Clause 41
|
The landlord agrees that, where the landlord or the landlord’s agent applies to the Rental Bond Board or the Civil and Administrative Tribunal for payment of the whole or part of the rental bond to the landlord, then the landlord or the landlord’s agent will provide the tenant with:
details of the amount claimed and with copies of any quotations, accounts and receipts that are relevant to the claim and a copy of a completed condition report about the residential premises at the end of the residential tenancy agreement.
41.1
|
details of the amount claimed, and
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41.2
|
copies of any quotations, accounts and receipts that are relevant to the claim, and
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41.3
|
a copy of a completed condition report about the residential premises at the end of the residential tenancy agreement.
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|
|
SMOKE ALARMS
|
42.
|
The landlord agrees to:
|
42.1
|
ensure that smoke alarms are installed and maintained in the residential premises in accordance with section 146A of the Environmental Planning and Assessment Act 1979 if that Act section requires them to be installed in the premises. and are functioning in accordance with the regulations under that Act, and
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42.2
|
conduct an annual check of all smoke alarms installed on the residential premises to ensure that the smoke alarms are functioning, and
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42.3
|
install or replace, or engage a person to install or replace, all removable batteries in all smoke alarms installed on the residential premises annually, except for smoke alarms that have a removable lithium battery, and
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42.4
|
install or replace, or engage a person to install or replace, a removable lithium battery in a smoke alarm in the period specified by the manufacturer of the smoke alarm, and
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42.5
|
engage an authorised electrician to repair or replace a hardwired smoke alarm, and
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42.6
|
repair or replace a smoke alarm within 2 business days of becoming aware that the smoke alarm is not working unless the tenant notifies the landlord that the tenant will carry out the repair to the smoke alarm and the tenant carries out the repair, and
|
42.7
|
reimburse the tenant for the costs of a repair or replacement of a smoke alarm in accordance with clause 18 of the Residential Tenancies Regulation 2019, that the tenant is allowed to carry out.
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Note 1. Under section 64A of the Residential Tenancies Act 2010, repairs to a smoke alarm includes maintenance of a smoke alarm in working order by installing or replacing a battery in the smoke alarm.
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Note 2. Clauses 42.2–42.7 do not apply to a landlord of premises that comprise or include a lot in a strata scheme (within the meaning of the Strata Schemes Management Act 2015) if the owners corporation is responsible for the repair and replacement of smoke alarms in the residential premises.
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Note 3. A tenant who intends to carry out a repair to a smoke alarm may do so only in the circumstances prescribed for a tenant in clause 15 of the Residential Tenancies Regulation 2019.
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43.
|
The tenant agrees:
|
43.1
|
to notify the landlord if a repair or a replacement of a smoke alarm is required, including replacing a battery in the smoke alarm, and
|
43.2
|
that the tenant may only replace a battery in a battery-operated smoke alarm, or a back-up battery in a hardwired smoke alarm, if the smoke alarm has a removable battery or a removable back-up battery, and
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43.3
|
to give the landlord written notice, as soon as practicable if the tenant will carry out and has carried out a repair or replacement, or engages a person to carry out a repair or replacement, in accordance with clauses 15-17 of the Residential Tenancies Regulation 2019.
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Note. Clauses 43.2 and 43.3 do not apply to tenants under social housing tenancy agreements or tenants of premises that comprise or include a lot in a strata scheme (within the meaning of the Strata Schemes Management Act 2015) if the owners corporation is responsible for the repair and replacement of smoke alarms in the residential premises.
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|
|
Clause 44
|
The landlord and the tenant each agree not to remove or interfere with the operation of a smoke alarm installed on the residential premises unless they have a reasonable excuse to do so.
|
|
Clause 44 Note
|
Note. The regulations made under the Environmental Planning and Assessment Act 1979 provide that it is an offence to remove or interfere with the operation of a smoke alarm or a heat alarm in particular circumstances.
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Clause 46.2 Note
|
Note. A swimming pool certificate of compliance is valid for 3 years from its date of issue.
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|
COMBUSTIBLE CLADDING
|
48.
|
The landlord agrees that if, during the tenancy, the landlord becomes aware of any of the following facts, the landlord will advise the tenant in writing within 14 days of becoming aware of the fact:
|
48.1
|
that the residential premises are part of a building in relation to which a notice of intention to issue a fire safety order, or a fire safety order, has been issued requiring rectification of the building regarding external combustible cladding,
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48.2
|
that the residential premises are part of a building in relation to which a notice of intention to issue a building product rectification order, or a building product rectification order, has been issued requiring rectification of the building regarding external combustible cladding,
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48.3
|
that the residential premises are part of a building where a development application or complying development certificate application has been lodged for rectification of the building regarding external combustible cladding.
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|
|
SIGNIFICANT HEALTH OR SAFETY RISKS
|
49.
|
The landlord agrees that if, during the tenancy, the landlord becomes aware that the premises are subject to a significant health or safety risk, the landlord will advise the tenant in writing, within 14 days of becoming aware, that the premises are subject to the significant health or safety risk and the nature of the risk.
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|
|
ELECTRONIC SERVICE OF NOTICES AND OTHER DOCUMENTS
|
50.
|
The landlord and the tenant agree:
|
50.1
|
to only serve any notices and any other documents, authorised or required by the Residential Tenancies Act 2010 or the regulations or this agreement, on the other party by email if the other party has provided express consent, either as part of this agreement or otherwise, that a specified email address is to be used for the purpose of serving notices and other documents, and
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50.2
|
to notify the other party in writing within 7 days if the email address specified for electronic service of notices and other documents changes, and
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50.3
|
that they may withdraw their consent to the electronic service of notices and other documents at any time, by notifying the other party in writing, and
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50.4
|
if a notice is given withdrawing consent to electronic service of notices and other documents, following the giving of such notice, no further notices or other documents are to be served by email.
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|
|
BREAK FREE FOR FIXED TERM OF NOT MORE THAN 3 YEARS
|
51.
|
The tenant agrees that, if the tenant ends the residential tenancy agreement before the end of the fixed term of the agreement, the tenant must pay a break fee of the following amount if the fixed term is not more than 3 years:
|
51.1
|
4 weeks rent if less than 25% of the fixed term has expired,
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51.2
|
3 weeks rent if 25% or more but less than 50% of the fixed term has expired,
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51.3
|
2 weeks rent if 50% or more but less than 75% of the fixed term has expired,
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51.4
|
1 week’s rent if 75% or more of the fixed term has expired.
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This clause does not apply if the tenant terminates a fixed term residential tenancy agreement for a fixed term of more than 3 years or if the tenant terminates a residential tenancy agreement early for a reason that is permitted under the Residential Tenancies Act 2010.
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Note. Permitted reasons for early termination include destruction of residential premises, breach of the agreement by the landlord and an offer of social housing or a place in an aged care facility, and being in circumstances of domestic violence. Section 107 of the Residential Tenancies Act 2010 regulates the rights of the landlord and tenant under this clause.
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52.
|
The landlord agrees that the compensation payable by the tenant for ending the residential tenancy agreement before the end of the fixed term of not more than 3 years is limited to the amount specified in clause 51 and any occupation fee payable under the Residential Tenancies Act 2010 for goods left on the residential premises.
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Note. Section 107 of the Residential Tenancies Act 2010 also regulates the rights of landlords and tenants for a residential tenancy agreement with a fixed term of more than 3 years.
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|
|
ADDITIONAL TERMS
|
[Additional terms may be included in this agreement if:
(a)
|
both the landlord and the tenant agree to the terms, and
|
(b)
|
they do not conflict with the Residential Tenancies Act 2010, the Residential Tenancies Regulation 20190 or any other Act, and
|
(c)
|
they do not conflict with the standard terms of this agreement.
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ANY ADDITIONAL TERMS ARE NOT REQUIRED BY LAW AND ARE NEGOTIABLE.]
|
|
ADDITIONAL TERM - BREAK FEE
|
[Cross out this clause if not applicable]
41.
|
The tenant agrees that, if the tenant ends the residential tenancy agreement before the end of the fixed term of the agreement, the tenant must pay a break fee of the following amount:
|
41.1
|
if the fixed term is for 3 years or less, 6 weeks rent if less than half of the term has expired or 4 weeks rent in any other case, or
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41.2
|
if the fixed term is for more than 3 years, [specify amount below].
|
This clause does not apply if the tenant terminates the residential tenancy agreement early for a reason that is permitted under the Residential Tenancies Act 2010.
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Note:
Permitted reasons for early termination include destruction of residential premises, breach of the agreement by the landlord, an offer of social housing or a place in an aged care facility, and being in circumstances of domestic violence. Section 107 of the Residential Tenancies Act 2010 regulates the rights of the landlord and tenant under this clause.
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42.
|
The landlord agrees that the compensation payable by the tenant for ending the residential tenancy agreement before the end of the fixed term is limited to the amount specified in clause 41 and any occupation fee payable under the Residential Tenancies Act 2010 for goods left on the residential premises.
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|
|
ADDITIONAL TERM - PETS
|
[Cross out this clause if not applicable]
(Note: refer to Clause 46 for requirements in respect of Pets)
43.
|
The tenant agrees not to keep animals on the residential premises without obtaining the landlord’s consent.
|
44.
|
The landlord agrees that the tenant may keep the following animals on the residential premises:
|
45.
|
The tenant agrees to have the carpet professionally cleaned or to have the residential premises fumigated if the cleaning or fumigation is required because animals have been kept on the residential premises during the tenancy.
|
|
|
ADDITIONAL TERM - PETS, CLEANING, FUMIGATION AND REPAIRS
|
46.
|
Where ‘Additional Term – Pets’ (Clauses 43, 44 and 45) have been crossed out, the following clauses (46.1 to 46.3 inclusive) will apply:
|
46.1
|
The tenant agrees not to keep animals on the residential premises without obtaining the landlord’s consent.
|
|
The landlord agrees that the tenant may keep the following animals on the residential premises:
|
46.3
|
(a)
|
to have the carpet professionally cleaned, at the tenant’s own expense, if the cleaning is required because animals have been kept on the residential premises during the tenancy.
|
|
(b)
|
to have the residential premises fumigated, at the tenant’s own expense, if the fumigation is required because animals have been kept on the residential premises during the tenancy.
|
|
(c)
|
where there is any damage to the residential premises as a result of animals having been kept on the residential premises, to repair such damage at the tenant’s own expense.
|
|
(d)
|
to indemnify the landlord in respect of any damage to property or claims made as a result of damage to any person or property caused or arising from animals having been kept on the residential premises during the tenancy.
|
|
(e)
|
when requested, to provide written evidence of compliance with Clauses 46.3(a), 46.3(b) and 46.3(c) to the landlord/landlord’s agent.
|
|
|
ADDITIONAL TERM - PETS
|
[Cross out this clause if not applicable]
53.
|
The landlord agrees that the tenant may keep the following animal on the residential premises [specify the breed, size etc]:
|
54.
|
The tenant agrees:
|
54.1
|
to supervise and keep the animal within the premises, and
|
54.2
|
to ensure that the animal does not cause a nuisance, or breach the reasonable peace, comfort or privacy of neighbours, and
|
54.3
|
to ensure that the animal is registered and micro-chipped if required under law, and
|
54.4
|
to comply with any council requirements.
|
54.5
|
The tenant agrees to have the carpet professionally cleaned or to pay the cost of having the carpet professionally cleaned at the end of the tenancy if cleaning is required because an animal has been kept on the residential premises during the tenancy.
|
55.
|
The tenant agrees to have the carpet professionally cleaned or to pay the cost of having the carpet professionally cleaned at the end of the tenancy if cleaning is required because an animal has been kept on the residential premises during the tenancy.
|
56.1
|
The tenant agrees:
|
|
(a)
|
to have the residential premises fumigated, at the tenant’s own expense, if the fumigation is required because animals have been kept on the residential premises during the tenancy.
|
|
(b)
|
where there is any damage to the residential premises as a result of animals having been kept on the residential premises, to repair such damage at the tenant’s own expense.
|
|
(c)
|
to indemnify the landlord in respect of any damage to property or claims made as a result of damage to any person or property caused or arising from animals having been kept on the residential premises during the tenancy.
|
|
(d)
|
when requested, to provide written evidence of compliance with Clauses 55, 56.1(a) and 56.1(b) to the landlord/landlord’s agent.
|
56.2
|
The tenant agrees not to keep animals on the residential premises without obtaining the landlord’s consent, as may be provided in the space allowed in clause 53 or otherwise and where such consent is provided, the provisions of clauses 53, 54, 55 and 56.1 will apply to all animals kept on the premises.
|
|
|
Clause 57
|
Where the landlord has in compliance with the Residential Tenancies Act 2010 provided the tenant with the landlord’s signed condition report and the tenant has not returned the condition report within 7 days of receipt after taking possession of the residential premises the tenant will be deemed to have accepted the condition report.
|
|
Clause 58
|
The tenant will permit the landlord/landlord’s agent, on entering the residential premises in accordance with Clause 24.5 (inspect the premises) of the Standard Terms, to record the condition of the residential premises by taking photos and/or videos. The photos or videos will be used to compare with any photos or videos taken in the preparation of the condition report provided to the tenant at the start of the tenancy. Such comparison is to assist in identifying any damage or defects that may arise during the tenancy. Photos or videos may not be used for advertising or any other purpose and copies will be provided to the tenant on request at no charge. Should the landlord/landlord’s agent require photos or videos of the residential premises for any purpose other than as outlined above the landlord/landlord’s agent must obtain the tenant’s written authorisation.
|
|
Clause 49.6
|
in respect to smoke alarms in the premises, advise the landlord/landlord’s agent as soon as practicable when the tenant is aware a smoke alarm has failed or is about to fail.
|
|
Clause 49.9
|
not to do anything that involves painting, marking or defacing the premises internally or externally or using nails, screws or adhesives without the prior written consent of the landlord.
|
|
Clause 62
|
On termination or expiration of the term the tenant agrees:
(a)
|
to deliver vacant possession in accordance with the termination notice; and
|
(b)
|
to deliver up all keys and security devices; and
|
(c)
|
to advise as soon as possible of the tenants contact address.
|
|
|
Clause 64
|
Should the a fixed term agreement for more than 3 years be terminated by the tenant (other than as permitted under the Residential Tenancies Act 2010) before the ending date of this agreement and where Additional Term Clauses 41 and 42 have been crossed out:
(a)
|
the tenant will be required to pay rent until the tenant has moved out and handed back the keys; and
|
(b)
|
the tenant may be liable to pay, for the balance term of the tenancy, any loss of rent incurred by the landlord in re-letting the premises where the landlord/landlord’s agent has taken reasonable steps to reduce or minimise rental losses; and
|
(c)
|
the parties are not relieved from their obligations to mitigate any loss on termination.; and
|
(d)
|
the landlord may seek Tribunal orders for compensation, including out of pocket and other reasonable expenses, as provided by sections 187(1)(c) and (d) and 187(2) of the Act.
|
|
|
Clause 71
|
The tenant will at all times comply with all statutes, orders, regulations, by-laws (including by-laws referred to in Clauses 38 and 39 if applicable) and management statements relating to the premises or the tenant’s occupation of the premises.
|
|
ADDITIONAL TERM - RENT INCREASE DURING THE TERM
|
74.1
|
In the case of a fixed term agreement of for less than 2 years the landlord and tenant agrees, if a rent increase is stated in the rent/rent increase item section on the first second page of this agreement only then, subject to clause 5, may the rental may be increased during the term and such increase shall be as set out in the rent/rent increase item section on the first second page of this agreement.
|
74.2
|
In the case of a fixed term agreement of 2 years or more the landlord and the tenant agree, rent payable during the term may only be increased once in any period of 12 months and where the tenant has been given at least 60 days written notice before the increased rent is payable specifying the increased rent and the day from which it is payable.
Where the agreement is for a period of 2 years or more the rent payable must not be increased more than once in any period of 12 months and may be increased (subject to clause 5) whether or not the agreement sets out the rent increase or method of calculating the increase.
|
Note: Residential Tenancies Act 2010 section 41:
Notice of a rent increase must be given by a landlord or landlord’s agent in accordance with this section even if details of the rent increase are set out in the residential tenancy agreement.
|
|
|
Clause 78(a)
|
The parties agree and confirm any documents and communications in relation to this Agreement may, subject to clause 50, be forwarded electronically and where this document has been forwarded electronically (either for signing or otherwise) the party receiving the document confirms having consented to the delivery of the document (and any other materials) by way of the electronic means of delivery before receiving the documentation.
|
|
Clause 78(b)(4)
|
by email, where the party has given express consent in accordance with clause 50, to the party at the appropriate email address as stated in this Tenancy Agreement; or
|
|
DEFINITIONS 1(3)
|
landlord means the person who grants the right to occupy residential premises under this agreement, and includes a successor in title to the residential premises whose interest is subject to that of the tenant and a tenant who has granted the right to occupy residential premises to a sub-tenant.
|
|
OTHER GROUNDS FOR ENDING AGREEMENT
|
The Residential Tenancies Act 2010 also authorises the landlord and the tenant to end this agreement on other grounds. The grounds for the landlord ending the agreement include sale of the residential premises requiring vacant possession, breach of this agreement by the tenant, due to hardship or if the agreement is frustrated because the premises are destroyed, become wholly or partly uninhabitable or cease to be lawfully usable as a residence or are appropriated or acquired by any authority by compulsory process.
The grounds for the tenant include breach by the landlord of information disclosure provisions under section 26 of the Act (not revealed when this agreement was entered into), breach of this agreement by the landlord, due to hardship or if the agreement is frustrated because the premises are destroyed, become wholly or partly uninhabitable or cease to be lawfully usable as a residence or are appropriated or acquired by any authority by compulsory process.
For more information refer to that Act or contact NSW Fair Trading on 13 32 20.
The Residential Tenancies Act 2010 also authorises the landlord and tenant to end this agreement on other grounds. The grounds for the landlord include sale of the residential premises, breach of this agreement by the tenant and hardship. The grounds for the tenant include sale of the residential premises (not revealed when this agreement was entered into), breach of this agreement by the landlord and hardship. For more information refer to that Act or contact NSW Fair Trading on 13 32 20.
|
|
WARNING
|
It is an offence for any person to obtain possession of the residential premises without an order of the Civil and Administrative Tribunal or a judgment or order of a court if the tenant does not willingly move out. A court can order fines and compensation to be paid for such an offence.
|
|
OTHER ADDITIONAL TERMS SPECIAL TERMS
|
Additional Terms Special Conditions to this Agreement where inserted at the direction of either party the Landlord were prepared by that party the Landlord or an Australian Legal Practitioner under instruction from the party Landlord and not from the Agent. No warranty is given by the Agent with respect to such Additional Terms clauses. Legal advice should be sought.
|
|
SIGNATURES
|
THE LANDLORD AND TENANT ENTER INTO THIS AGREEMENT AND AGREE TO ALL ITS TERMS.
SIGNED BY THE LANDLORD: ..........................................................................................................
(Signature of landlord or landlord’s agent on behalf of the landlord)
in the presence of: ............................................. .........................................................
(Name of witness) (Signature of witness)
SIGNED BY THE TENANT: ........................................................................................................
(Signature of tenant)
in the presence of: ............................................. .........................................................
(Name of witness) (Signature of witness)
SIGNED BY THE TENANT (2): ........................................................................................................
(Signature of tenant 2)
in the presence of: ............................................. .........................................................
(Name of witness) (Signature of witness)
SIGNED BY THE TENANT (3): ........................................................................................................
(Signature of tenant 3)
in the presence of: ............................................. .........................................................
(Name of witness) (Signature of witness)
SIGNED BY THE TENANT (4): ........................................................................................................
(Signature of tenant 4)
in the presence of: ............................................. .........................................................
(Name of witness) (Signature of witness)
The tenant acknowledges that, at or before the time of signing this residential tenancy agreement, the tenant was given a copy of the New Tenant Checklist published by the NSW Fair Trading.
.........................................................................................................................................................
(Signatures of tenants)
For information about you rights and obligations as a landlord or tenant, contact:
(a) NSW Fair Trading on 13 32 20 or www.fairtrading.nsw.gov.au, or
(b) Law Access NSW on 1300 888 529 or www.lawaccess.nsw.gov.au, or
(c) your local Tenants Advice and Advocacy Service at www.tenants.org.au
|
|
SIGNATURES
|
THE LANDLORD AND THE TENANT ENTER INTO THIS AGREEMENT AND AGREE TO ALL ITS TERMS.
Note. Section 9 of the Electronic Transactions Act 2000 allows for agreements to be signed electronically in NSW if the parties consent. If an electronic signature is used then it must comply with Division 2 of Part 2 of the Electronic Transactions Act 2000.
SIGNED BY THE LANDLORD: ................................................................................. Date: ... / ... / ...
(Signature of landlord or landlord’s agent on behalf of the landlord)
LANDLORD INFORMATION STATEMENT
The landlord acknowledges that, at or before the time of signing this residential tenancy agreement, the landlord has read and understood the contents of an information statement published by NSW Fair Trading that sets out the landlord’s rights and obligations.
SIGNED BY THE LANDLORD: ................................................................................. Date: ... / ... / ...
(Signature of landlord or landlord’s agent on behalf of the landlord)
Note. May only be signed by the Landlord’s Agent where the Landlord has first provided a signed Landlord’s Information Statement Acknowledgement.
SIGNED BY THE TENANT: ................................................................................. Date: ... / ... / ...
(Signature of tenant)
SIGNED BY THE TENANT (2): ................................................................................. Date: ... / ... / ...
(Signature of tenant 2)
SIGNED BY THE TENANT (3): ................................................................................. Date: ... / ... / ...
(Signature of tenant 3)
SIGNED BY THE TENANT (4): ................................................................................. Date: ... / ... / ...
(Signature of tenant 4)
TENANT INFORMATION STATEMENT
The tenant acknowledges that, at or before the time of signing this residential tenancy agreement, the tenant was given a copy of an information statement published by NSW Fair Trading.
SIGNED BY THE TENANT/S: ................................................................................. Date: ... / ... / ...
(Signatures of tenants)
For information about you rights and obligations as a landlord or tenant, contact:
(a) NSW Fair Trading on 13 32 20 or www.fairtrading.nsw.gov.au, or
(b) Law Access NSW on 1300 888 529 or www.lawaccess.nsw.gov.au, or
(c) your local Tenants Advice and Advocacy Service at www.tenants.org.au
|
05 Sep 2019 v4.1
|
Clause 35
|
The landlord agrees to give to the tenant within 7 days of entering into this agreement a copy of the by-laws applying to the residential premises if they are premises under the Strata Schemes Management Act 2015 1996, the Strata Schemes (Leasehold Development) Act 2015 1986, the Community Land Development Act 1989 or the Community Land Management Act 1989.
|
|
Clause 40A
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[Cross out the following clause if there is no swimming pool or the swimming pool is situated on land in a strata scheme (within the meaning of the Strata Schemes Management Act 2015 1996) or in a community scheme (within the meaning of the Community Land Development Act 1989) and that strata or community scheme comprises more than 2 lots]
40A.
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The landlord agrees to ensure that at the time that this residential tenancy agreement is entered into:
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40A.1
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the swimming pool on the residential premises is registered under the Swimming Pools Act 1992 and has a valid certificate of compliance under that Act or a relevant occupation certificate within the meaning of that Act, and
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40A.2
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a copy of that valid certificate of compliance or relevant occupation certificate is provided to the tenant.
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ADDITIONAL TERM - PRIVACY STATEMENT
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65.
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(a)
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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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(b)
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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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(c)
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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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residential tenancy databases for the purpose of enabling a proper assessment of the risk in providing you with the tenancy and if applicable listing tenancy agreement breaches (subject to the provisions of Part 11 Division 2 of the Residential Tenancies Act 2010); 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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(d)
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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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(e)
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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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(f)
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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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ADDITIONAL TERM - DATA COLLECTION
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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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DEFINITIONS 1(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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DEFINITIONS 1(6)
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personal information means personal information as defined in the Privacy Act 1988 (CTH).
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19 Jun 2019 v4.0
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Additional Term - Pets (Clauses 43, 44 and 45) has permanent strike-through and instead refers to Clause 46.
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ADDITIONAL TERM - PETS
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45.2
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where there is any damage to the residential premises as a result of animals having been kept on the residential premises, to repair such damage at the tenant’s own expense.
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45.3
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to indemnify the landlord in respect of any damage to property or claims made as a result of damage to person or property caused or arising from animals having been kept on the residential premises during the tenancy.
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45.4
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when requested to provide written evidence of compliance with Clause 45.1 to the landlord/landlord’s agent.
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ADDITIONAL TERM - PETS, CLEANING, FUMIGATION AND REPAIRS
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46
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Where ‘Additional Term – Pets’ (Clauses 43, 44 and 45) have been crossed out, the following clauses (46.1 to 46.3 inclusive) will apply:
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46.1
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The tenant agrees not to keep animals on the residential premises without obtaining the landlord’s consent.
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46.2
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The landlord agrees that the tenant may keep the following animals on the residential premises:
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46.3
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The tenant agrees:
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(a)
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to have the carpet professionally cleaned, at the tenant’s own expense, if the cleaning is required because animals have been kept on the residential premises during the tenancy.
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(b)
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to have the residential premises fumigated, at the tenant’s own expense, if the fumigation is required because animals have been kept on the residential premises during the tenancy.
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(c)
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where there is any damage to the residential premises as a result of animals having been kept on the residential premises, to repair such damage at the tenant’s own expense.
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(d)
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to indemnify the landlord in respect of any damage to property or claims made as a result of damage to any person or property caused or arising from animals having been kept on the residential premises during the tenancy.
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(e)
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when requested to provide written evidence of compliance with Clauses 46.3(a), 46.3(b) and 46.3(c) to the landlord/landlord’s agent.
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28 Feb 2019 v3.9
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Clause 16 Note
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Note:
Under section 54 of the Residential Tenancies Act 2010, the vicarious liability of a tenant for damage to residential premises caused by another person is not imposed on a tenant who is the victim of a domestic violence offence, or a co-tenant who is not a relevant domestic violence offender, if the damage occurred during the commission of a domestic violence offence (within the meaning of that Act).
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Clause 41 Note
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Note:
Permitted reasons for early termination include destruction of residential premises, breach of the agreement by the landlord, and an offer of social housing or a place in an aged care facility, and being in circumstances of domestic violence. Section 107 of the Residential Tenancies Act 2010 regulates the rights of the landlord and tenant under this clause.
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19 Nov 2018 v3.8
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RENT
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The rent is $ ………..…… per ………………………..… payable in advance starting on …… / …… / ……
Rent Increase 1: Then from …… / …… / …… Pay $ ……………… per ……………………………………
Rent Increase 2: Then from …… / …… / …… Pay $ ……………… per ……………………………………
Note: Where the fixed term tenancy is for a term of two years or more the above Rent Increases are not required to be completed. See Additional Term 63B.
The tenant must pay the rent in advance on the ……………… of every ………………… (see Clause 4.2)
The method by which the rent must be paid:
(a)
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to ……………………………………… at: ……………………………………… by cash or cheque; or
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(b)
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into the following account:
Account Name: ……………………………………………… Bank: ...............................................
BSB: ………….… Account No.: ………………………… Payment Reference: ………………………
or any other account nominated by the landlord; or
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(c)
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as follows: …………………………………………………………………………………………………
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Note: The Landlord or Landlord’s Agent must permit the Tenant to pay the rent by at least one means for which the Tenant does not incur a cost (other than bank or other account fees usually payable for the Tenant’s transactions) (see Clause 4.1) and that is reasonably available to the Tenant.
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ADDITIONAL TERM - RENT INCREASE
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63A.
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In the case of a fixed term agreement for less than 2 years the tenant agrees, if a rent increase is stated in the rent increase section on the first page of this agreement then, subject to clause 5, the rental may be increased during before the term ends and such increase shall be as set out in the rent increase section on the first page of this agreement.
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63B.
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Where the agreement is for a period of more than 2 years or more the rent payable must not be increased more than once in any period of 12 months and but may be increased (subject to clause 5) whether or not the agreement sets out the rent increase amount or method of calculating the increase.
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Note: Residential Tenancies Act 2010 section 41: Notice of a rent increase must be given by a landlord or landlord’s agent in accordance with this section even if details of the rent increase are set out in the residential tenancy agreement.
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05 Jun 2018 v3.7
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Clause 45
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The tenant agrees to have the carpet professionally cleaned or to have the residential premises fumigated if the cleaning or fumigation is required because animals have been kept on the residential premises during the tenancy.
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Clause 45
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The tenant agrees:
45.1
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to have the carpet professionally cleaned and to have the residential premises fumigated, at the tenant’s own expense, if the cleaning or fumigation is required because animals have been kept on the residential premises during the tenancy.
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45.2
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where there is any damage to the residential premises as a result of animals having been kept on the residential premises, to repair such damage at the tenant’s own expense.
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45.3
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to indemnify the landlord in respect of any damage to property or claims made as a result of damage to person or property caused or arising from animals having been kept on the residential premises during the tenancy.
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45.4
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when requested to provide written evidence of compliance with Clause 45.1 to the landlord/landlord’s agent.
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Clause 46
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The tenant agrees to indemnify the landlord in respect of any claims arising as a result of damage to person or property caused or arising from the tenant’s failure to control an animal on or about the premises.
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ADDITIONAL TERM - INSPECTIONS
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47.1
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The tenant will permit the landlord/landlord’s agent, on entering the residential premises in accordance with Clause 23.5 (inspect the premises) of the Standard Terms, to record the condition of the residential premises by taking photos and/or videos. The photos or videos will be used to compare with photos or videos taken in the preparation of the condition report provided to the tenant at the start of the tenancy. Such comparison is to assist in identifying any damage or defects that may arise during the tenancy. Photos or videos may not be used for advertising or any other purpose and copies will be provided to the tenant on request at no charge. Should the landlord/landlord’s agent require photos or videos of the residential premises for any purpose other than as outlined above the landlord/landlord’s agent must obtain the tenant’s written authorisation.
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47.2
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Reasonable care will be taken to avoid including details of the tenant’s personal property and effects in such photos or videos.
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ADDITIONAL TERM - TELECOMMUNICATION TELEPHONES AND ELECTRONIC SERVICES
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57
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On termination the tenant agrees to leave the telecommunication telephone equipment and services (for example telephone, internet, television – analogue, digital or cable) in the same condition as it was in at the start of the tenancy, and ensure (if required) the services are connection is transferred or terminated as the landlord may direct.
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58
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Prior to entering into this agreement the tenant must satisfy itself as to the availability and suitability provisions of any telecommunication electronic communication services to the premises (internet, television – analogue, digital or cable) or fittings. The landlord gives no warranty in respect to the provision or adequacy of such services or fittings to the premises.
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59
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The landlord gives no warranty as to the provision or adequacy of such telecommunication services or as to the provision or serviceability of fittings in the premises relating to such services.
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19 Mar 2018 v3.6
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TENANT(S)
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Name/s: ……………………………………………………………………………………………………………
Address for service of notices: …………………………………………………………………………………
Phone: (…)…………………… Mobile: ……………………… Email: …………………………………………
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19 Feb 2018 v3.5
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Clause 65
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(a)
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The parties agree and confirm any documents and communications in relation to this Agreement may be forwarded electronically and where this document has been forwarded electronically (either for signing or otherwise) the party receiving the document confirms having consented to the delivery of the document (and any other materials) by way of the electronic means of delivery before receiving the documentation.
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(b)
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Any Related Document, including this Tenancy Agreement, to be served on any party under this Tenancy Agreement shall be in writing and may be served on that party:
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(1)
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by delivering it to the party personally; or
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(2)
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by leaving it for the party at that party’s address as stated in this Tenancy Agreement; or
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(3)
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by posting it to the party by ordinary mail or security mail as a letter addressed to the party at the address as stated in this Tenancy Agreement; or
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(4)
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by an electronic communication via email to the party at the appropriate email electronic address as stated in this Tenancy Agreement; or
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(5)
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by delivery to an alternative address, provided in writing by the party, by any of the methods outlined in Clauses 65(b)(1) to (4) above.
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(c)
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A Related document posted shall be deemed to have been served, unless the contrary is shown, at the time when, by the ordinary course of post, the Related document would be delivered.
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(d)
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A Related document sent by electronic communication will be deemed to have been received in accordance with Section 13A of the Electronic Transactions Act 2000 (NSW).
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(e)
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Related Documents given by a party's solicitor will be deemed to have been given by and with the authority of the party.
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(f)
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Related Documents must be served before 5pm on a business day, failing which, such Related document will be deemed to have been served on the next business day.
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(g)
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The parties acknowledge and agree an Electronic Document readily accessible via a link within a Related Document is received when the Related Document is served and will be opened when the Related Document is opened.
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(h)
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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.
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DEFINITIONS 1(5)
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related document means any written communication (including Notices) with regard to this matter between the parties, including any Electronic Documents served via email.
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04 Jan 2018 v3.4
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Clause 63
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The parties agree and confirm this agreement may be forwarded electronically to a person if that person has provided an email address in this agreement.
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Clause 65
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(a)
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The parties agree and confirm documents and communications may be forwarded electronically.
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(b)
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Any Related Document, including this Tenancy Agreement, to be served on any party under this Tenancy Agreement shall be in writing and may be served on that party:
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(1)
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by delivering it to the party personally; or
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(2)
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by leaving it for the party at that party’s address as stated in this Tenancy Agreement; or
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(3)
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by posting it to the party by ordinary mail or security mail as a letter addressed to the party at the address as stated in this Tenancy Agreement; or
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(4)
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by an electronic communication via email to the party at the appropriate electronic address as stated in this Tenancy Agreement; or
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(5)
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by delivery to an alternative address provided in writing by the party, by any of the methods outlined in Clauses 65(b)(1) to (4) above.
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(c)
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A Related Document posted shall be deemed to have been served, unless the contrary is shown, at the time when, by the ordinary course of post, the Related Document would be delivered.
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(d)
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A Related Document sent by electronic communication will be deemed to have been received in accordance with Section 13A of the Electronic Transactions Act 2000 (NSW).
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(e)
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Related Documents given by a party's solicitor will be deemed to have been given by and with the authority of the party.
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(f)
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Related Documents must be served before 5pm on a business day, failing which, such Related Document will be deemed to have been served on the next business day.
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(g)
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The parties acknowledge and agree an Electronic Document readily accessible via a link within a Related Document is received when the Related Document is served and will be opened when the Related Document is opened.
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(h)
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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.
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DEFINITIONS 1(1)
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electronic document means any electronic communication (including Notices) as defined in the Electronic Transactions Act 2000 (NSW) including any electronically generated document situated on an external server readily accessible via a link within an electronic communication or other electronically generated document.
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DEFINITIONS 1(5)
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related document means any written communication (including Notices) with regard to this matter between the parties, including any Electronic Documents served via email.
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29 Aug 2017 v3.3
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LANDLORD
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| Name/s: | ……………………………………………………………………………………………………………. |
Address: ……………………………………………………………………………………………………………
Phone: (…)………………………… Fax: (…)………………………… Mobile: ……………………………….
Email: ………………………………………………………………………………………………………………
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TENANT(S)
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| Name/s: | ……………………………………………………………………………………………………………. |
Address for service of notices: …………………………………………………………………………………..
Phone: (…)………………………… Fax: (…)………………………… Mobile: ……………………………….
Email: ………………………………………………………………………………………………………………
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LANDLORD'S AGENT DETAILS
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| Name/s: | ……………………………………………………………………………………………………………. |
Address: …………………………………………………………………… ACN: …………………………..
…………………………………………………………………… ABN: …………………………..
Phone: (…)………………………… Fax: (…)………………………… Mobile: ……………………………….
Email: ………………………………………… Licence No.: …………….. Licence Expiry: ……/……/……
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RENT
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The rent is $ ………..…… per ………………………..… payable in advance starting on …… / …… / ……
Rent Increase 1: Then from …… / …… / …… Pay $ ……………… per ……………………………………
Rent Increase 2: Then from …… / …… / …… Pay $ ……………… per ……………………………………
The tenant must pay the rent in advance on the ……………… of every ………………… (see Clause 4.2)
The method by which the rent must be paid:
(a)
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to ……………………………………… at: ……………………………………… by cash or cheque; or
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(b)
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into the following account:
Account Name: ……………………………………………… Bank: ...............................................
BSB: ………….… Account No.: ………………………… Payment Reference: ………………………
or any other account nominated by the landlord; or
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(c)
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as follows: …………………………………………………………………………………………………
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Note: The Landlord or Landlord’s Agent must permit the Tenant to pay the rent by at least one means for which the Tenant does not incur a cost (other than bank or other account fees usually payable for the Tenant’s transactions) (see Clause 4.1) and that is reasonably available to the Tenant.
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ADL ADDITIONAL TERMS
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All instances of '[Cross out this clause if not applicable]' has been removed from the top of the clause.
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Clause 54
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Where the tenancy is at an end and the tenant does not vacate the premises the landlord is entitled to make an application to the Civil and Administrative Tribunal for vacant possession and/or compensation.
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Clause 53
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Should the agreement be terminated by the tenant (other than as permitted under the Residential Tenancies Act 2010) before the ending date of this agreement and where Additional Term Clauses 41 and 42 have been crossed out:
(a)
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the tenant will be required to pay rent until the tenant has moved out and handed back the keys; and
the tenant must pay a reasonable percentage of the costs of advertising and the landlord’s agent’s re-letting fee and will continue to fulfil their obligations under this agreement until another tenancy agreement is entered into by the landlord/landlord’s agent for the premises or until the tenant’s tenancy agreement expires, whichever is sooner; and
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(b)
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the tenant may be liable to pay, for the balance term of the tenancy, any loss of rent incurred by the landlord in re-letting the premises where the landlord/landlord’s agent has taken reasonable steps to reduce or minimise rental losses
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(c)
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the parties are not relieved from their obligations to mitigate any loss on termination.
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(d)
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the landlord may seek Tribunal orders for compensation, including out of pocket and other reasonable expenses, as provided by sections 187(1)(c) and (d) and 187(2) of the Act.
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ADDITIONAL TERM - TERMINATION
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Note: Where the tenancy is at an end and the tenant does not vacate the premises the landlord is entitled to make an application to the Civil and Administrative Tribunal for vacant possession and/or compensation.
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Clause 55(g)
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Provide written evidence (eg. receipt, invoice) of compliance with the requirements of Clauses 55 (b), (c) and (f) to the landlord/landlord’s agent on or before vacating.
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Clause 62
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In the case of a fixed term agreement the tenant agrees, if a rent increase is stated in the rent increase section on the first page of this agreement:
(a)
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subject to Standard Term clause 5, the rental may be increased before the term ends and such increase shall be as set out in the rent increase section on the first page of this agreement.
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(b)
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where the agreement is for a period of more than 2 years the rent payable must not be increased more than once in any period of 12 months but may be increased subject to Standard Term clause 5 whether or not the agreement sets out the amount or method of calculating the increase.
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Note: Residential Tenancies Act 2010 section 41:
Notice of a rent increase must be given by a landlord or landlord’s agent in accordance with this section even if details of the rent increase are set out in the residential tenancy agreement.
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Clause 63
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The parties agree and confirm this agreement may be forwarded electronically to a person if that person has provided an email address or facsimile number in the Item Schedule to this agreement.
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17 May 2017 v3.2
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TENANT’S AGENT DETAILS
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Name/s: ………………………………………………………………………… ABN: …………………………
| Address: | …………………………………………………………………………………………………………….. |
Phone: (…)……………………… Fax: (…)……………………… Mobile: ……………………………………
Email: ……………………………………………………………………………………………………………..
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Clause 57(b)
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At the end of the tenancy have all carpets cleaned to a standard no less than the professional standard similar to the standard as provided by the landlord/landlord’s agent at the start of the tenancy.
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30 Oct 2016 v3.1
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RESIDENTIAL PREMISES
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The residential premises are: ……………………………………………………………………………………...
The residential premises include: (include any additional matters, such as a parking space, garages or furniture provided)
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LOOSE-FILL ASBESTOS INSULATION
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40B.
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The landlord agrees:
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40B.1
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if, at the time that this residential tenancy agreement is entered into, the premises have been and remain listed on the LFAI Register, the tenant has been advised in writing by the landlord that the premises are listed on that Register, or
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40B.2
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if, during the tenancy, the premises become listed on the LFAI Register, to advise the tenant in writing, within 14 days of the premises being listed on the Register, that the premises are listed on the Register.
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Clause 46
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The tenant agrees to indemnify the landlord in respect of any claims arising as a result of damage to person or property caused or arising from the tenant’s failure to control an animal on or about the premises.
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ADDITIONAL TERM - CONDITION REPORT
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[Cross out this clause if not applicable]
47.
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Where the landlord has in compliance with the Residential Tenancies Act 2010 provided the tenant with the landlord’s signed condition report and the tenant has not returned the condition report within 7 days of receipt the tenant will be deemed to have accepted the condition report.
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48.
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The condition report will form part of and be included in this agreement.
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Clause 49.1
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to place all household rubbish suitably bagged and wrapped in the bin provided by the local authority and to put the bin out for collection on the designated day for collection and to remove the bin to the premises as soon as practicable after it has been emptied and return it to its allotted place. Where bins are lost or stolen it is the tenant’s responsibility to replace the bins at the tenant’s cost.
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Clause 49.5
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only to operate any machinery, plant or equipment on the premises in accordance with the manufacturer’s instructions and where appropriate, the landlord’s directions.
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Clause 49.8
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to properly look after and not alter or remove any landlord’s property including fixtures, furniture, electrical and other appliance and equipment let with the premises and only to operate appliances or equipment in accordance with the manufacturer’s instructions or landlord’s directions.
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Clause 49.9
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not to do anything that involves painting, marking or defacing the premises internally or externally or using nails, screws or adhesives without the prior written consent of the landlord.
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Clause 49.10
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not to affix any television antenna to the premises.
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Clause 49.11
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not to maliciously or negligently damage the premises or any part of the premises.
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Clause 49.12
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to replace cracked and/or broken glass where such breakage has arisen as a result of malicious damage or other action on the part of the tenant or it’s guest/s.
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Clause 49.13
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to replace any light bulbs and fluorescent tubes that have blown during the term of the tenancy.
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Clause 49.14
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to take all reasonable steps to prevent the occurrence of mould or dampness in or about the premises and will advise the landlord promptly of the occurrence of mould and dampness at the premises.
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Clause 49.15
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to notify the landlord of any infectious disease at the premises.
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ADDITIONAL TERM - SWIMMING POOL SAFETY AND MAINTENANCE
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[Cross out this clause if not applicable]
50.
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Swimming Pool Safety and Maintenance
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50.1
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At the commencement of the tenancy, the landlord will:
(a)
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handover the pool in a condition that is safe for use
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(b)
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provide to the tenant a copy of the pool compliance certificate together with all relevant documentation and instructions on the use and maintenance of the swimming pool.
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50.2
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During the term of the tenancy:
(a)
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the tenant must comply with all safety requirements of the Swimming Pool Act 1992 in particular ensure:
(1)
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child-restraint barriers are in place and properly maintained,
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(2)
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access gates and doors are securely closed at all times,
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(3)
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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,
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(4)
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at all times, there are no climbable objects near the child-restraint barriers that would allow children to access the swimming pool.
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(b)
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where a child-restraint barrier, warning sign or resuscitation sign is damaged and becomes ineffective the tenant must advise the landlord or the agent immediately.
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(c)
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the tenant is responsible for general maintenance including:
(1)
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regular cleaning of filter baskets
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(2)
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maintaining required water levels
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(3)
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removing vegetation and other rubbish from the pool
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(4)
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maintaining the pool water condition
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(5)
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regular pool services
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(6)
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payment of costs for all required pool chemicals
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(7)
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advising the landlord or the agent immediately of any pool related problem.
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50.3
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Immediately prior to the end of the term of the tenancy the tenant will provide to the landlord or the agent:
(a)
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opportunity to inspect the pool; and/or
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(b)
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a pool condition report completed by a professional pool service company.
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The tenant is to return the pool in good order and condition as at the beginning of the tenancy.
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50.4
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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 failure to comply with its obligations.
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50.5
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If the tenant does not maintain the pool and pool equipment to the satisfaction of the landlord acting reasonably, the tenant will be in default and the landlord may seek to recover, in compliance with the Act, any loss or damage incurred.
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Clause 52
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On termination or expiration of the term the tenant agrees:
(a)
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to deliver vacant possession in accordance with the termination notice
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(b)
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to deliver up all keys and security devices
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(c)
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to advise as soon as possible of the tenants contact address
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Clause 53
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The termination of this agreement by notice or otherwise shall not affect in anyway either party’s right to compensation for breach of the terms of this agreement nor either party’s obligations to comply with this agreement and the Residential Tenancies Act 2010.
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Clause 54
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Where the tenancy is at an end and the tenant does not vacate the premises the landlord is entitled to make an application to the Civil and Administrative Tribunal for vacant possession and/or compensation.
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Clause 55
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Should the agreement be terminated by the tenant (other than as permitted under the Residential Tenancies Act 2010) before the ending date of this agreement and where Additional Term Clauses 41 and 42 have been crossed out:
(a)
|
the tenant must pay a reasonable percentage of the costs of advertising and the landlord’s agent’s re-letting fee and will continue to fulfil their obligations under this agreement until another tenancy agreement is entered into by the landlord/landlord’s agent for the premises or until the tenant’s tenancy agreement expires, whichever is sooner; and
|
(b)
|
the tenant may be liable to pay, for the balance term of the tenancy, any loss of rent incurred by the landlord in re-letting the premises where the landlord/landlord’s agent has taken reasonable steps to reduce or minimise rental losses
|
(c)
|
the parties are not relieved from their obligations to mitigate any loss on termination.
|
|
|
Clause 56
|
Acceptance by the landlord of payment of rent or other monies owing by the tenant after service of a notice of termination by the tenant will not amount to or be seen as a waiver of such notice or any of the landlord’s rights under this agreement or the Residential Tenancies Act 2010.
|
|
ADDITIONAL TERM - END OF TERM OR OCCUPANCY
|
[Cross out this clause if not applicable]
57
|
The tenant will on vacating the premises:
(a)
|
Return all keys, keycards and other security devices (if any) and make good the cost of replacement should any of these items not be returned or be lost at any time.
|
(b)
|
At the end of the tenancy have all carpets cleaned to a professional standard similar to the standard as provided by the landlord/landlord’s agent at the start of the tenancy.
|
(c)
|
Fair wear and tear excepted, repair damage to the premises arising or as a result of the tenant’s or its guest’s actions including damage (if any) caused by the tenant’s pets.
|
(d)
|
Remove all the tenant’s property from the premises including rubbish and property on the premises not the property of the landlord.
|
(e)
|
Leave the premises (including the grounds) in a neat and tidy condition.
|
(f)
|
Fumigate as reasonably required if pets have been on the premises.
|
(g)
|
Provide written evidence of compliance with the requirements of Clauses 57(b), (c) and (f) to the landlord/landlord’s agent on or before vacating.
|
(h)
|
Return all remote control devices in good working order and condition including batteries, and where not returned, make good the cost of replacement.
|
|
|
|
Clause 60
|
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 landlord gives no warranty in respect to the provisions or adequacy of such services or fittings to the premises.
|
|
ADDITIONAL TERM – RENT INCREASE
|
[Cross out this clause if not applicable]
64
|
In the case of a fixed term agreement the tenant agrees, if a rent increase is stated in the rent increase section on the first page of this agreement:
(a)
|
subject to Standard Term 5, the rental may be increased before the term ends and such increase shall be as set out in the rent increase section on the first page of this agreement.
|
(b)
|
where the agreement is for a period of more than 2 years the rent payable must not be increased more than once in any period of 12 months but may be increased subject to Standard Term 5 whether or not the agreement sets out the amount or method of calculating the increase.
|
Note: Residential Tenancies Act 2010 section 41:
Notice of a rent increase must be given by a landlord or landlord’s agent in accordance with this section even if details of the rent increase are set out in the residential tenancy agreement.
|
|
|
DEFINITIONS
|
1(3)
|
LFAI Register means the register of residential premises that contain or have contained loose-fill asbestos insulation that is required to be maintained under Division 1A of Part 8 of the Home Building Act 1989.
|
|
|
SPECIAL CONDITIONS
|
Special Conditions to this Agreement where inserted at the direction of the Landlord were prepared by the Landlord or an Australian Legal Practitioner under instruction from the Landlord and not from the Agent. No warranty is given by the Agent with respect to such clauses. Legal advice should be sought.
|
|
ADDITIONAL TERMS
|
Additional terms may be included in this agreement if:
(a)
|
both the landlord and tenant agree to the terms, and
|
(b)
|
they do not conflict with the Residential Tenancies Act 2010, the Residential Tenancies Regulation 2010 or any other Act, and
|
(c)
|
they do not conflict with the standard terms of this agreement.
|
ANY ADDITIONAL TERMS ARE NOT REQUIRED BY LAW AND ARE NEGOTIABLE.
|
|
SIGNATURES
|
Signature Section layout amended.
|
29 Apr 2016 v3.0
|
SWIMMING POOLS
|
40
|
The landlord agrees to ensure that the requirements of the Swimming Pools Act 1992 have been complied with in respect of the swimming pool on the residential premises.
|
[Cross out the following clause if there is no swimming pool or the swimming pool is situated on land in a strata scheme (within the meaning of the Strata Schemes Management Act 1996) or in a community scheme (within the meaning of the Community Land Development Act 1989) and that strata or community scheme comprises more than 2 lots]
40A
|
The landlord agrees to ensure that at the time that this residential tenancy agreement is entered into:
|
40A.1
|
the swimming pool on the residential premises is registered under the Swimming Pools Act 1992 and has a valid certificate of compliance under that Act or a relevant occupation certificate within the meaning of that Act, and
|
40A.2
|
a copy of that valid certificate of compliance or relevant occupation certificate is provided to the tenant.
|
|
|
Clause 46.8
|
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.
|
11 Jun 2015 v2.9
Copyright statement updated.
|
12 Mar 2014 v2.8
|
Clause 58
|
Privacy Statement
The Parties will comply with the Privacy Act 1988 (CTH) and no personal information will be disclosed without prior consent.
(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.
|
(3)
|
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)
|
(subject to the provisions of Division 2 of the Residential Tenancies Act 2010) residential tenancy databases for the purposes 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/ landlord’s agent relating to the administration of the premises and use of the landlord’s agent’s services; &/or
|
(5)
|
Owners Corporations
|
|
(4)
|
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.
|
(5)
|
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.
|
|
01 Jan 2014 v2.7
|
Clause 6.3
|
that increased rent under this agreement is not payable unless the rent is increased in accordance with this agreement and the Residential Tenancies Act 2010 or by the Consumer, Trader and Tenancy Civil and Administrative Tribunal.
|
|
Clause 23.2
|
if the Consumer, Trader and Tenancy Civil and Administrative Tribunal so orders,
|
|
Clause 29.4
|
not to alter, remove or add any lock or other security device without reasonable excuse (which includes an emergency, an order of the Consumer, Trader and Tenancy Civil and Administrative Tribunal, termination of a co-tenancy or an apprehended violence order prohibiting a tenant or occupant from having access) or unless the tenant agrees, and
|
|
Clause 30.1
|
not to alter, remove or add any lock or other security device without reasonable excuse (which includes an emergency, an order of the Consumer, Trader and Tenancy Civil and Administrative Tribunal, termination of a co-tenancy or an apprehended violence order prohibiting a tenant or occupant from having access) or unless the landlord agrees, and
|
|
Clause 31
|
A copy of a changed key or other opening device need not be given to the other party if the other party agrees not to be given a copy or the Consumer, Trader and Tenancy Civil and Administrative Tribunal authorises a copy not to be given or the other party is prohibited from access to the residential premises by an apprehended violence order.
|
|
Clause 37
|
The landlord agrees that where the landlord or the landlord’s agent applies to the Rental Bond Board or the Consumer, Trader and Tenancy Civil and Administrative Tribunal for payment of the whole or part of the rental bond to the landlord, then the landlord or the landlord’s agent will provide the tenant with details of the amount claimed and with copies of any quotations, accounts and receipts that are relevant to the claim and a copy of a completed condition report about the residential premises at the end of the residential tenancy agreement.
|
|
Notes (6)
|
It is an offence for any person to obtain possession of the residential premises without an order of the Consumer, Trader and Tenancy Civil and Administrative Tribunal if the tenant does not willingly move out. A court can order fines and compensation to be paid for such an offence.
|
06 Jul 2012 v2.6
|
SIGNATURES
|
The tenant acknowledges that, at or before the time of signing this residential tenancy agreement, the tenant was given a copy of the New Tenant Checklist an information statement published by the NSW Fair Trading.
|
12 Apr 2012 v2.5
|
Clause 46.7
|
to, in respect to smoke alarms in the premises, advise the Landlord as soon as practicable when the Tenant is aware a smoke alarm has failed or is about to fail.
|
31 Mar 2011 v2.4
|
Clause 57
|
The parties agree and confirm this Agreement documents may be forwarded electronically to a person if that person has provided an email address or facsimile number, for delivery or service of documents, in the Item Schedule to this Agreement.
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08 Mar 2011 v2.3
|
TENANT(S)
|
Name/s: ……………………………………………………………………………………………………………
Address for service of notices: ………………………………..…………………………………………………
Phone: ………………………….. Fax: …………………………… Mobile: ………….....…………………..
Email: …………………………………………………………….…………………………………………………
|
|
TENANT'S AGENT DETAILS
|
Name/s: ………………………………………………………………… ABN: ……………………….…………
Address: ………………………………………………………………………………………………….………...
…………...……………………………………………………………………………………………...............…
Phone: ………………………….. Fax: …………………………… Mobile: ………….....……………….…..
Email: …………………………………… Licence No.: …………………… Licence Expiry: ……/……/……
|
|
RENT
|
The rent is $ .......…………. per ………….....………...…. payable in advance starting on ……./…../……
Rent Increase: Then from …/…./…. Pay $ ……………………… per ………………………………………
The tenant must pay the rent in advance on the ............... of every ............................(see Clause 4.2)
|
|
URGENT REPAIRS
|
Nominated tradespeople for urgent repairs:
Electrical Repairs: ……………………………………………………..……… Telephone: …………………...
Plumbing Repairs: ……………………………………………………..……… Telephone: …………………...
Building Repairs: …………………………………………………..…..……… Telephone: …………………...
Other Repairs: ……………………………………………………..…......…… Telephone: …………………...
|
|
Clause 58(4)
|
The tenant has the right to access request the landlord’s agent provide details of such personal information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information. provided or obtained and also do all things reasonably necessary to amend or remove any inaccurate or out of date information.
|
09 Feb 2011 v2.2
|
FORM HEADER
|
Standard Form Residential Tenancy Agreement
Residential Tenancies Regulation 2010, Schedule 1, Clause 4(1)
|
|
TENANT(S)
|
Name/s: ……………………………………………………………………………………………………………
Address: …………...………………………………………………………………………………………………
Phone: ………………………….. Fax: …………………………… Mobile: ………….....…………………..
Email: …………………………………………………………….…………………………………………………
|
|
MAX. NO. OF OCCUPANTS
|
No more than …………….. persons may ordinarily live in the Premises at any one time.
Other people who will ordinarily live at the premises may be listed here (cross out if not needed):
…………………………………………………………………………………………….…………………………
|
04 Feb 2011 v2.1
|
RENT
|
Rent Increase: Then from …/…./…. Pay $ ……………………… per ………………………………………
|
|
CONDITION REPORT
|
A condition report relating to the condition of the premises must be completed by or on behalf of the Landlord before or when this Agreement is signed.
If this Agreement is for residential premises already occupied by the tenant under a previous tenancy agreement, the landlord and tenant agree that the condition report prepared for a residential tenancy agreement entered into by the tenant and dated ……/……/….. is to apply to this Agreement.
|
|
Clause 46.6
|
keep the premises free of rodents, 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 to remedy.
|
|
Clause 48
|
On termination the tenant agrees:
(i)
|
to deliver vacant possession in accordance with the termination
|
(ii)
|
to deliver up all keys and security devices
|
(iii)
|
to advise as soon as possible of the tenants contact address
|
|
|
Clause 49
|
The termination of this agreement by notice or otherwise shall not affect in anyway either parties right to compensation for breach of the terms of this agreement.
|
|
Clause 51
|
On termination the tenant agrees to leave the telephone equipment and service in the same condition it was in at the start of the tenancy, and ensure (if required) the connection is transferred or terminated as the landlord may direct.
|
|
Clause 52
|
The tenant must satisfy itself as to the provisions of any electronic communication services to the premises (internet, television – analogue, digital or cable). The landlord gives no warranty in respect to the provisions or adequacy of such services to the premises.
|
|
Clause 53
|
The tenant will at all times comply with all statutes, orders, regulations, by-laws (including by-laws referred to in Clause 35 if applicable) and management statements relating to the premises or the tenant’s occupation of the Premises.
|
|
Clause 55
|
The tenant agrees, not by act or omission to, do anything which would cause any increase in the premium of any insurance the landlord may have over the premises (or their contents) or cause such insurance policy to be invalidated.
|
|
Clause 56
|
In the case of a fixed term agreement the tenant agrees, if a rent increase is stated in the rent increase section on the first page of this agreement:
(i)
|
subject to Standard Term 5, the rental may be increased before the term ends and such increase shall be as set out in the rent increase section on the first page of this agreement.
|
(ii)
|
where the agreement is for a period of more than 2 years the rent payable must not be increased more than once in any period of 12 months but may be increased subject to Standard Term 5 whether or not the Agreement sets out the amount or method of calculating the increase.
|
|
31 Jan 2011 v2.0
Changes as per Residential Tenancies Act 2010
|
10 Sept 2010 v1.9
|
Clause 30.1
|
not to do anything 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 landlord.
|
|
Clause 30.6
|
to maintain all garden areas including watering trees and other plants, to mow the lawn and remove garden rubbish (including pet waste) from the premises.
|
|
Clause 30.12
|
Not to alter or remove any fixture or inclusion of the premises or add any lock or security device without the lessor’s agreement, and in such case to provide the lessor with a copy of the key or access codes.
|
|
Clause 31
|
The tenant agrees to:
31.1
|
not by act or omission to do anything which would cause any increase in the premium of any insurance the landlord may have over the premises (or their contents) or cause such insurance policy to be invalidated.
|
31.2
|
pay The landlord will be entitled to claim any excess or premium increase or charged by the landlord’s insurance company as a result of the acts or omissions of the tenant or persons on the premises with the consent of the tenant.
|
31.3
|
the Landlord is not be responsible for insuring the tenants own property.
|
|
|
Clause 36
|
On termination the tenant agrees to leave the telephone equipment and service in the same condition it was in at the start of the tenancy, and to pay for this or compensate the landlord with respect to any costs in relation thereto for such action and ensure (if required) the connection is transferred or terminated as the landlord may direct.
|
|
Clause 39
|
The parties agree and confirm documents may be forwarded electronically to a person if that person has provided an email address or facsimile number, for delivery or service of documents, in the Item Schedule to this Agreement.
By signing this Agreement all parties acknowledge agree to having given prior approval, in accordance with the Electronic Transactions Act 2000 No.8, for electronic transmission of this Agreement and any other related documents agreements, for signing purposes or otherwise, by as far as such means of communication as have been indicated in this document (ie. Facsimile numbers & email addresses).
|
|
Clause 42
|
(1)
|
The landlord 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 may subject to the Privacy Act 1988 (CTH) (where applicable), collect from & use and disclose personal information to:
|
|
(1)
|
credit reporting &/or tenancy databases for the purpose of maintaining or creating an information file about you; &/or
|
|
(2)
|
credit reporting &/or debt collecting agencies to obtain credit information about you for the purposes of collecting overdue payments. (section 18k(1)(h) of the Privacy Act 1988 (CTH)); &/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/ landlord’s Agent relating to the administration of the Premises and use of the landlord’s Agent’s services; &/or
|
|
(5)
|
Owners Corporations
|
(3)
|
Without provision of certain information the landlord may not be able to act effectively or at all in the administration of this Agreement.
|
(4)
|
Without provision of certain information the landlord may not be able to act effectively or at all in the administration of this Agreement.
|
|
|
Schedule 1
Clause 10
|
Drying of laundry items Hanging out of washing
(1)
|
An owner or occupier of a lot may hang any washing on any lines provided by the owners corporation for that purpose. Such washing may only be hung for a reasonable period.
|
(2)
|
An owner or occupier of a lot may hang washing on any part of the lot provided that the washing will not be visible from street level outside the parcel.
|
(3)
|
An owner or occupier of a lot may hang washing on any part of the lot that will be visible from street level outside the parcel only if the owner or occupier has the prior written approval of the owners corporation.
|
(4)
|
In this clause:
washing includes any clothing, towel, bedding or other article of a similar type.
|
|
An owner or occupier of a lot must not, except with the prior written approval of the owners corporation, hang any washing, towel, bedding, clothing or other article on any part of the parcel in such a way as to be visible from outside the building other than on any lines provided by the owners corporation for the purpose and there only for a reasonable period.
|
|
Schedule 1
Clause 11
|
The owner or occupier of a lot must not do any thing or permit any invitees of the owner or occupier to do any thing on the lot or common property that is likely to affect the operation of fire safety devices in the parcel or to reduce the level of fire safety in the lots or common property.
|
|
Schedule 1
Clause 12
|
An owner or occupier of a lot must keep clean all exterior surfaces of glass in windows and doors on the boundary of the lot, including so much as is common property, unless:
(a)
|
the owners corporation resolves that it will keep the glass or specified part of the glass clean, or
|
(b)
|
that glass or part of the glass cannot be accessed by the owner or occupier of the lot safely or at all.
|
(1)
|
Except in the circumstances referred to in clause (2), an owner or occupier of a lot is responsible for cleaning all interior and exterior surfaces of glass in windows and doors on the boundary of the lot, including so much as is common property.
|
(2)
|
The owners corporation is responsible for cleaning regularly all exterior surfaces of glass in windows and doors that cannot be accessed by the owner or occupier of the lot safely or at all.
|
|
|
|
Schedule 1
Clause 13
|
(1)
|
An owner or occupier of a lot must not transport any furniture or large object through or on common property within the building unless sufficient notice has first been given to the executive committee so as to enable the executive committee to arrange for its nominee to be present at the time when the owner or occupier does so.
|
(2)
|
An owners corporation may resolve that furniture or large objects are to be transported through or on the common property (whether in the building or not) in a specified manner.
|
(3)
|
If the owners corporation has specified, by resolution, the manner in which furniture or large objects are to be transported, an owner or occupier of a lot must not transport any furniture or large object through or on common property except in accordance with that resolution.
|
|
|
|
Schedule 1
Clause 14
|
(1)
|
An owner or occupier of a lot must notify the owners corporation at least 21 days before changing any of the floor coverings or surfaces of the lot if the change is likely to result in an increase in noise transmitted from that lot to any other lot. The notice must specify the type of the proposed floor covering or surface.
|
(2)
|
This by-law does not affect any requirement under any law to obtain a consent to, approval for or any other authorisation for the changing of the floor covering or surface concerned.
|
|
|
|
Schedule 1
Clause 16
|
(3)
|
An owner or occupier of a lot must:
|
|
(a)
|
comply with the local council’s requirements for the storage, handling and collection of garbage, waste and recyclable material, and
|
|
(b)
|
notify the local council of any loss of, or damage to, receptacles provided by the local council for garbage, recyclable material or waste.
|
(4)
|
The owners corporation may post signs on the common property with instructions on the handling of garbage, waste and recyclable material that are consistent with the local council’s requirements.
|
|
|
Schedule 1
Clause 17
|
Note. Select option A, B or C. If no option is selected, option A will apply.
Option A
(1)
|
Subject to section 49 (4) of the act, an owner or occupier of a lot must not, without the prior written approval of the owners corporation, keep any animal (except fish kept in a secure aquarium on the lot) on the lot or the common property.
|
(2)
|
The owners corporation must not unreasonably withhold its approval of the keeping of an animal on a lot or the common property.
|
|
Option B
(1)
|
Subject to section 49 (4) of the Act, an owner or occupier of a lot must not, without the prior written approval of the owners corporation, keep any animal (except a cat, a small dog or a small caged bird, or fish kept in a secure aquarium on the lot) on the lot or the common property.
|
(2)
|
The owners corporation must not unreasonably withhold its approval of the keeping of an animal on a lot or the common property.
|
(3)
|
If an owner or occupier of a lot keeps a cat, small dog or small caged bird on the lot then the owner or occupier must:
|
|
(a)
|
notify the owners corporation that the animal is being kept on the lot, and
|
|
(b)
|
keep the animal within the lot, and
|
|
(c)
|
carry the animal when it is on the common property, and
|
|
(d)
|
take such action as may be necessary to clean all areas of the lot or the common property that are soiled by the animal.
|
Option C
Subject to section 49 (4) of the Act, an owner or occupier of a residential lot must not keep any animal on the lot or the common property.
|
|
Schedule 1
Clause 18(2)
|
This by-law does not apply to the hanging of any washing, towel, bedding, clothing or other article of a similar type in accordance with by-law 10.as referred to in by-law 10.
|
|
Schedule 1
Clause 21
|
(1)
|
The owner or occupier of a lot must ensure that the lot is not used for any purpose that is prohibited by law.
|
(2)
|
The owner or occupier of a lot must ensure that the lot is not occupied by more persons than are allowed by law to occupy the lot.
|
|
|
|
Schedule 1
Clause 22
|
A document may be served on the owner of a lot by electronic means if the person has given the owners corporation an e-mail address for the service of notices and the document is sent to that address.
|
27 Jul 2009 v1.7
|
Item 2
|
(License Number) ……………………………………………………………. (License Expiry) …../.…./…...
|
|
Item 5
|
The rent is $.......... payable every .............................. starting on ..... /...../......
Then from …/…./…. pay $............... every ………………………...
|
|
Item 5
Schedule 2
|
(Signature of landlord or landlord’s letting agent on behalf of the landlord)
|
23 Jan 2009 v1.6
|
Clause 25
|
The landlord agrees to give to the tenant within 7 days of entering into this agreement a copy of the by-laws applying to the residential premises if they are premises under the Strata Schemes Management Act 1996, the Strata Schemes (Leasehold Development) Act 1986, the Community Land Development Act 1989 or the Community Land Management Act 1989.
|
20 Sept 2007 v1.2
|
Clause 30
|
The landlord shall ensure the premises are maintained at all times and prior to commencement of the tenancy are treated as necessary by a licensed pest controller.
|
14 Aug 2007 v1.1
|
Clause 30
|
The landlord shall ensure the premises are maintained at all times and prior to commencement of the tenancy are treated as necessary by a licensed pest controller.
|
|
Clause 31.11
|
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 to remedy.
|
|