Residential Tenancy Agreement (Standard Form only

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

Title

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.	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.
3.	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.
4.	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.

LANDLORD

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: …………………………………………

TERM OF AGREEMENT

The term of this Agreement is: ………………………………………..………………… weeks/months/years

__ 6 Months __ 12 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.

RESIDENTIAL PREMISES

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

The residential premises include:(include any inclusions additional matters, for example, such as a parking space or furniture provided. Attach additional pages if necessary.)

RENT

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.

The method by which the rent must be paid:

(a)

to …………………………………………. at: …………………………………………by cash or Electronic Funds Transfer (EFT), 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 fees or other account fees usually payable for the Tenant’s transactions) (see Clause 4.1) and that is reasonably available to the Tenant.

RENTAL BOND

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.

UTILITIES

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.

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

GIVING NOTICES AND OTHER DOCUMENTS ELECTRONICALLY [OPTIONAL]

[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.]

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 given to the tenant for signing.

Clause 2.1

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

Clause 4.6

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

Clause 4.7

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

Clause 4.8 Note

Note. The landlord and the tenant may, by agreement, change the manner in which rent is payable under this agreement.

Clause 5

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.

Clause 6

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.

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

Clause 10.3 Note 1

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.

Clause 10.3 Note 2

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.

Clause 10.8

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

Clause 10.9

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.

Clause 11.1

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

Clause 11.2

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

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.

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

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:

Clause 11.6 Note

Note. Separately metered is defined in the Residential Tenancies Act 2010.

Clause 12.4

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,
12.4.2	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,
12.4.3	all showerheads have a maximum flow rate of 9 litres a per minute,
12.4.4	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.

Clause 17.4

that it is the tenant’s responsibility to replace light globes and batteries for smoke detectors on the residential premises.

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).

Clause 18.4

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

Clause 18.6 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 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:
	(a)	are structurally sound, and
	(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
	(c)	have adequate ventilation, and
	(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
	(e)	have adequate plumbing and drainage, and
	(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
	(g)	contain bathroom facilities, including toilet and washing facilities, that allow privacy for the user.
Note 2. Premises are structurally sound only if the floors, ceilings, walls, supporting structures (including foundations), doors, windows, roof, stairs, balconies, balustrades and railings:
	(a)	are in a reasonable state of repair, and
	(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.

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

Clause 19.6

to comply with all statutory obligations relating to the health or safety of the residential premises., and

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.

Clause 20.6 Note (b)

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,

Clause 23

The landlord and the tenant agree:

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),

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:

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

PUBLISHING PHOTOGRAPHS OR VISUAL RECORDINGS

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.
Note. See section 55A of the Residential Tenancies Act 2010 for when a photograph or visual recording is published.
29.	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.

FIXTURES, ALTERATIONS, AND ADDITIONS OR RENOVATIONS TO THE PREMISES

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
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
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
30.5	to notify the landlord of any damage caused by removing any fixture attached by the tenant, and
30.6	to repair any damage caused by removing the fixture or compensate the landlord for the reasonable cost of repair.
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.
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.

Clause 35

The landlord and the tenant agree that:

Clause 35.4 Note

Note. Clauses 35.3 and 35.4 do not apply to social tenancy housing tenancy agreements.

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.

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.

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.)

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
41.2	copies of any quotations, accounts and receipts that are relevant to the claim, and
41.3	a copy of a completed condition report about the residential premises at the end of the residential tenancy agreement.

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
42.2	conduct an annual check of all smoke alarms installed on the residential premises to ensure that the smoke alarms are functioning, and
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
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
42.5	engage an authorised electrician to repair or replace a hardwired smoke alarm, and
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.
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.
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.
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.
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
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.
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.

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.

Clause 46.2 Note

Note. A swimming pool certificate of compliance is valid for 3 years from its date of issue.

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,
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,
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.

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.

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
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
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
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.

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,
51.2	3 weeks rent if 25% or more but less than 50% of the fixed term has expired,
51.3	2 weeks rent if 50% or more but less than 75% of the fixed term has expired,
51.4	1 week’s rent if 75% or more of the fixed term has expired.
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.
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.
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.
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.

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.

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

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.

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.

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.

ADDITIONAL TERM - PETS

[Cross out this clause if not applicable]

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

[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.

DEFINITIONS 1(1)

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)