Residential Tenancy Agreement (Standard Form only - Letting Only) - AUNSWREPM044

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

 

28 Feb 2019 v2.3

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 Mar 2018 v2.2

Additions / Changes:

 

TENANT(S)

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

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

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

 

29 Aug 2017 v2.1

Additions / Changes:

 

LANDLORD

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

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

              (Note: Address not required where there is a Landlord’s Agent)

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: ……/……/……

 

17 May 2017 v2.0

Additions / Changes:

 

TENANT’S AGENT DETAILS

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

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

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

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

 

30 Oct 2016 v1.9

Additions / Changes:

 

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.

 

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 v1.8

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.

 

11 Jun 2015 v1.7

Copyright statement updated.

 

01 Jan 2014 v1.6

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 v1.5

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.

 

08 Mar 2011 v1.4

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: ……/……/……

 

09 Feb 2011 v1.3

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: …………………………………………………………….…………………………………………………


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.

 

04 Feb 2011 v1.2

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.

 

27 Jan 2011 v1.1

Additions / Changes:


RENT

The rent is $ …………………. per …………….……………. payable in advance starting on …../…../…..

Then from …../…../….. pay $ ……………………… per ………………....................………………………

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.