Residential Tenancy Agreement - with ADL Additional Terms (Letting Only) - AUNSWREPM023

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

 

19 Jun 2019 v4.0

Additions / Changes:

 

Additional Term - Pets (Clauses 43, 44 and 45) has permanent strike-through and instead refers to Clause 46.

 

ADDITIONAL TERM - PETS

45.2

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.

45.3

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.

45.4

when requested to provide written evidence of compliance with Clause 45.1 to the landlord/landlord’s agent.

 

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.

46.2

The landlord agrees that the tenant may keep the following animals on the residential premises:

 

46.3

The tenant agrees:


(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.

 

28 Feb 2019 v3.9

Additions / Changes:

 

Clause 16 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).

 

Clause 41 Note

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.

 

19 Nov 2018 v3.8

Additions / Changes:

 

RENT

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)

to ……………………………………… at: ……………………………………… by cash or cheque; or

(b)

into the following account:

Account Name: ……………………………………………… Bank: ...............................................

BSB: ………….… Account No.: ………………………… Payment Reference: ………………………

or any other account nominated by the landlord; or

(c)

as follows: …………………………………………………………………………………………………

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.

 

ADDITIONAL TERM - RENT INCREASE

63A.

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.

63B.

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.

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.

 

05 Jun 2018 v3.7

Additions / Changes:

 

Clause 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.

 

Clause 45

The tenant agrees:

45.1

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.

45.2

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.

45.3

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.

45.4

when requested to provide written evidence of compliance with Clause 45.1 to the landlord/landlord’s agent.

 

Clause 46

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.

 

ADDITIONAL TERM - INSPECTIONS

47.1

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.

47.2

Reasonable care will be taken to avoid including details of the tenant’s personal property and effects in such photos or videos.

 

ADDITIONAL TERM - TELECOMMUNICATION TELEPHONES AND ELECTRONIC SERVICES

57

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.

58

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.

59

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.

 

19 Mar 2018 v3.6

Additions / Changes:

 

TENANT(S)

Name/s: ……………………………………………………………………………………………………………

Address for service of notices: …………………………………………………………………………………

Phone: (…)…………………… Mobile: ……………………… Email: …………………………………………

 

19 Feb 2018 v3.5

Additions / Changes:

 

Clause 65

(a)

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.

(b)

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:


(1)

by delivering it to the party personally; or


(2)

by leaving it for the party at that party’s address as stated in this Tenancy Agreement; or


(3)

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


(4)

by an electronic communication via email to the party at the appropriate email electronic address as stated in this Tenancy Agreement; or


(5)

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.

(c)

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.

(d)

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).

(e)

Related Documents given by a party's solicitor will be deemed to have been given by and with the authority of the party.

(f)

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.

(g)

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.

(h)

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.

 

DEFINITIONS 1(5)

related document means any written communication (including Notices) with regard to this matter between the parties, including any Electronic Documents served via email.

 

04 Jan 2018 v3.4

Additions / Changes:

 

Clause 63

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.

 

Clause 65

(a)

The parties agree and confirm documents and communications may be forwarded electronically.

(b)

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:


(1)

by delivering it to the party personally; or


(2)

by leaving it for the party at that party’s address as stated in this Tenancy Agreement; or


(3)

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


(4)

by an electronic communication via email to the party at the appropriate electronic address as stated in this Tenancy Agreement; or


(5)

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.

(c)

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.

(d)

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).

(e)

Related Documents given by a party's solicitor will be deemed to have been given by and with the authority of the party.

(f)

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.

(g)

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.

(h)

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.

 

DEFINITIONS 1(1)

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.

 

DEFINITIONS 1(5)

related document means any written communication (including Notices) with regard to this matter between the parties, including any Electronic Documents served via email.

 

29 Aug 2017 v3.3

Additions / Changes:

 

LANDLORD

Name/s:…………………………………………………………………………………………………………….

Address:  ……………………………………………………………………………………………………………

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

Email:   ………………………………………………………………………………………………………………

 

TENANT(S)

Name/s:…………………………………………………………………………………………………………….

Address for service of notices:  …………………………………………………………………………………..

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

Email:   ………………………………………………………………………………………………………………

 

LANDLORD'S AGENT DETAILS

Name/s:…………………………………………………………………………………………………………….

Address: ……………………………………………………………………      ACN: …………………………..

             ……………………………………………………………………      ABN: …………………………..

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

Email:   ………………………………………… Licence No.: …………….. Licence Expiry: ……/……/……

 

RENT

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)

to ……………………………………… at: ……………………………………… by cash or cheque; or

(b)

into the following account:

Account Name: ……………………………………………… Bank: ...............................................

BSB: ………….… Account No.: ………………………… Payment Reference: ………………………

or any other account nominated by the landlord; or

(c)

as follows: …………………………………………………………………………………………………

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.

 

ADL ADDITIONAL TERMS

All instances of '[Cross out this clause if not applicable]' has been removed from the top of the clause.

 

Clause 54

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.

 

Clause 53

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 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

(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.

(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.

 

ADDITIONAL TERM - TERMINATION

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.

 

Clause 55(g)

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.

 

Clause 62

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 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.

(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 clause 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.

 

Clause 63

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.

 

17 May 2017 v3.2

Additions / Changes:

 

TENANT’S AGENT DETAILS

Name/s:  …………………………………………………………………………   ABN: …………………………

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

Phone:    (…)……………………… Fax: (…)……………………… Mobile: ……………………………………

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

 

Clause 57(b)

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.

 

30 Oct 2016 v3.1

Additions / Changes:

 

RESIDENTIAL PREMISES

The residential premises are: ……………………………………………………………………………………...

The residential premises include: (include any additional matters, such as a parking space, garages or furniture provided)

 

LOOSE-FILL ASBESTOS INSULATION

40B.

The landlord agrees:

40B.1

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

40B.2

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.

 

Clause 46

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.

 

ADDITIONAL TERM - CONDITION REPORT

[Cross out this clause if not applicable]

47.

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.

48.

The condition report will form part of and be included in this agreement.

 

Clause 49.1

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.

 

Clause 49.5

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.

 

Clause 49.8

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.

 

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 49.10

not to affix any television antenna to the premises.

 

Clause 49.11

not to maliciously or negligently damage the premises or any part of the premises.

 

Clause 49.12

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.

 

Clause 49.13

to replace any light bulbs and fluorescent tubes that have blown during the term of the tenancy.

 

Clause 49.14

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.

 

Clause 49.15

to notify the landlord of any infectious disease at the premises.

 

ADDITIONAL TERM - SWIMMING POOL SAFETY AND MAINTENANCE

[Cross out this clause if not applicable]

50.

Swimming Pool Safety and Maintenance

50.1

At the commencement of the tenancy, the landlord will:

(a)

handover the pool in a condition that is safe for use

(b)

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.

50.2

During the term of the tenancy:

(a)

the tenant must comply with all safety requirements of the Swimming Pool Act 1992 in particular ensure:

(1)

child-restraint barriers are in place and   properly maintained,

(2)

access gates and doors are securely closed at all times,

(3)

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,

(4)

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

(b)

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.

(c)

the tenant is responsible for general maintenance including:

(1)

regular cleaning of filter baskets

(2)

maintaining required water levels

(3)

removing vegetation and other rubbish from the pool

(4)

maintaining the pool water condition

(5)

regular pool services

(6)

payment of costs for all  required pool chemicals  

(7)

advising the landlord or the agent immediately of any pool related problem.

50.3

Immediately prior to the end of the term of the tenancy the tenant will provide to the landlord or the agent:

(a)

opportunity to inspect the pool; and/or

(b)

a pool condition report completed by a  professional pool service company.

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

50.4

The landlord is responsible for repair of the pool and repair or replacement of the pool equipment resulting from general wear and tear and for reasons beyond the tenant’s control and responsibility however, the tenant will be responsible for any damage or want of repair arising from the tenant’s failure to comply with its obligations.

50.5

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

 

Clause 52

On termination or expiration of the term the tenant agrees:

(a)

to deliver vacant possession in accordance with the termination notice

(b)

to deliver up all keys and security devices

(c)

to advise as soon as possible of the tenants contact address

 

Clause 53

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.

 

Clause 54

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.

 

Clause 55

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

Additions / Changes:

 

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

Additions / Changes:

 

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

Additions / Changes:


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

Additions / Changes:


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

Additions / Changes:


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

Additions / Changes:


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.

 

08 Mar 2011 v2.3

Additions / Changes:


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

Additions / Changes:


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

Additions / Changes:


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

Additions / Changes:


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

Additions / Changes:


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

Additions / Changes:


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

Additions / Changes:


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

Additions / Changes:


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.