Residential Tenancy Agreement - AUVICREPM013

Top  Previous  Next

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

 

03 Apr 2019 v2.6

Additions / Changes:


Title

RESIDENTIAL TENANCY AGREEMENT

Residential Tenancies Act 1997 (Section 26(1))

Residential Tenancies Regulations 201908 (Regulation 8(1)7)

(Note: Where there is insufficient space in any Item place details in an Annexure and refer to the Annexure in the Item)

 

07 May 2018 v2.5

Additions / Changes:


Title

RESIDENTIAL TENANCY AGREEMENT

Residential Tenancies Act 1997 (Section 26(1))

Residential Tenancies Regulations 2008 (Regulation 7)

(Note: Where there is insufficient space in any Item place details in an Annexure and refer to the Annexure in the Item)

 

23 Jun 2017 v2.4

Additions / Changes:

 

Clause 26

REPAIRS/URGENT REPAIRS

26.1

(1)

Authorised Contact for Repairs/Urgent Repairs: __ Agent  __ Other: …………………..............

Contact Name:…………………………………………… Phone: (…)………………………………


(1)

Urgent Repairs Contact:

The Landlord has authorised the following contacts to approve Urgent Repairs: 

Agent: __ Yes __ No                        Phone: (…)…………………… Limit: $ ........................

Other: ………………………………..   Phone: (…)…………………… Limit: $ ........................

Note: The Limit specified for each Urgent Repairs Contact is the maximum amount the contact is authorised to approve for Urgent Repairs.


(2)

For Urgent Repairs the Tenant should notify an the Authorised Urgent Repairs Contact or where there is no Authorised Urgent Repairs Contact nominated or available, the Landlord.

26.2

The Tenant may arrange for a suitably qualified person to make emergency Urgent Repairs if:


(1)

after giving notice in accordance with Clause 26.1(2) the Tenant is unable to get an the Authorised Urgent Repairs Contact or the Landlord to immediately carry out the repairs, or


(2)

after taking reasonable steps the Tenant is unable to notify an the Authorised Urgent Repairs Contact or the Landlord.

26.3

Where the Tenant has arranged for Urgent Repairs in accordance with Clause 26.2 the Landlord is liable to reimburse the Tenant for the reasonable costs of the repairs up to a value of $1800.00 (or such other amount that may be prescribed) including GST, provided the Tenant has given the Landlord/Landlord’s Agent written notice of such repairs (including relevant accounts) within 14 days of the repairs being carried out.

26.4

Urgent Repairs: (as defined in the Act) means any work necessary to repair or remedy:


(1)

a burst water service; or


(2)

a blocked or broken lavatory system; or


(3)

a serious roof leak; or


(4)

a gas leak; or


(5)

a dangerous electrical fault; or


(6)

flooding or serious flood damage; or


(7)

serious storm or fire damage; or


(8)

a failure or breakdown of any essential service or appliance provided by the Landlord on the Premises for hot water, cooking, heating or laundering; or


(9)

a failure or breakdown of the gas, electricity or water supply to the Premises; or


(10)

malfunctioning of an appliance, fitting or fixture provided by the Landlord that uses or supplies water that will or may result in substantial water waste; or


(11)

any fault or damage that causes the Premises to be unsafe or not secure, or


(12)

a serious fault in a lift or staircase

26.5

For non-urgent repairs the Tenant should contact:


(1)

where there is a managing agent, the Agent;


(2)

otherwise, the Landlord

 

30 Sep 2016 v2.3

Additions / Changes:

 

Clause 4A

CONSENT TO ELECTRONIC SERVICE

(1)

Express Consent

The TENANT:   [Check one box only]

__

Consents to the electronic service of notices and other documents in accordance with the requirements of the Electronic Transactions (Victoria) Act 2000 at this email address:

Email address ...............................................................................................................

OR

__

Does Not Consent to the electronic service of notices and other documents.

The LANDLORD:   [Check one box only]

__

Consents to the electronic service of notices and other documents in accordance with the requirements of the Electronic Transactions (Victoria) Act 2000 at this email address:

Email address ...............................................................................................................

OR

__

Does Not Consent to the electronic service of notices and other documents.

(2)

Inferred Consent

If the TENANT or the LANDLORD (as the case may be) has not consented to electronic service under subclause (1), the TENANT or the LANDLORD must not infer consent to electronic service from the receipt or response to emails or other electronic communications.

(3)

Change of Electronic Address

The TENANT or the LANDLORD must immediately give notice in writing to the other party if the email address for electronic service under subclause (1) changes.

(4)

Withdrawal of Consent

(a)

The TENANT or the LANDLORD may withdraw their consent under subclause (1) to electronic service of notices and other documents only by giving notice in writing to the other party.

(b)

Following the giving of notice under paragraph (a), no further notices or other documents are to be served by electronic communication.

 

Clause 6(b)

The TENANT must take reasonable care to avoid damaging the Premises and any common areas.

 

Additional Terms Notes

Any additional terms must also comply with the Unfair Contract Terms under the Australian Consumer Law and Fair Trading Act 2012 Part 2-3 of the Australian Consumer Law (Victoria).

Contact Consumer Affairs Victoria on 1300 55 81 81 for further information or visit www.consumer.vic.gov.au.

 

Clause 12

Tenants

12.1

All persons using the Premises as Tenants or otherwise must comply with the provisions of this Agreement and the Residential Tenancies Act 1997 and other relevant legislation and regulations. Any proposed change in Tenants must be immediately notified to the Landlord.

 

Clause 17.4

The Tenant may not grant other person’s the right to occupy or use the whole or part of the premises for the Tenant’s commercial gain, whether by written or verbal agreement with the other person/s, without the Landlord’s consent having been first obtained. The Landlord must act reasonably.

 

Clause 25

provision of documents

25.1

The parties agree and confirm this Agreement and documents, notices and other correspondence required to be given to the Tenant throughout the term of this Agreement, may be forwarded electronically if the recipient has provided an email address &/or facsimile number here:

…………………………………………

 

Clause 26

tenants

26.1

All persons using the Premises as Tenants or otherwise must comply with the provisions of this Agreement and the Residential Tenancies Act 1997 and other relevant legislation and regulations. Any proposed change in Tenants must be immediately notified to the Landlord.

 

Clause 26

REPAIRS/URGENT REPAIRS

26.1

(1)

Authorised Contact for Repairs/Urgent Repairs: __ Agent  __ Other: ………………………

Contact Name:…………………………………….  Phone: (…)………………………………..

(2)

For urgent repairs the Tenant should notify the Authorised Contact or where there is no Authorised Contact nominated or available, the Landlord.

26.2

The Tenant may arrange for a suitably qualified person to make emergency repairs if:

(1)

after giving notice in accordance with Clause 26.1(2)  the Tenant is unable to get the Authorised Contact or Landlord to immediately carry out the repairs, or

(2)

after taking reasonable steps the tenant is unable to notify the Authorised Contact or Landlord.

26.3

Where the Tenant has arranged for urgent repairs in accordance with Clause 26.2 the Landlord is liable to reimburse the Tenant for the reasonable costs of the repairs up to a value of $1800.00 (or such other amount that may be prescribed) including GST, provided the Tenant has given the Landlord/Landlord’s Agent written notice of such repairs (including relevant accounts) within 14 days of the repairs being carried out.

26.4

Urgent repairs (as defined in the Act) means any work necessary to repair or remedy:

(1)

a burst water service; or

(2)

a blocked or broken lavatory system; or

(3)

a serious roof leak; or

(4)

a gas leak; or

(5)

a dangerous electrical fault; or

(6)

flooding or serious flood damage; or

(7)

serious storm or fire damage; or

(8)

a failure or breakdown of any essential service or appliance provided by the Landlord on the Premises for hot water, cooking, heating or laundering; or

(9)

a failure or breakdown of the gas, electricity or water supply to the Premises; or

(10)

malfunctioning of an appliance, fitting or fixture provided by the Landlord that uses or supplies water that will or may result in substantial water waste; or

(11)

any fault or damage that causes the Premises to be unsafe or not secure, or

(12)

a serious fault in a lift or staircase

 

Clause 27

URGENT REPAIRS

Tradesperson:…………………………………………………………......   Phone: (…)……………………..

27.1

The Tenant may arrange for a suitably qualified person to make emergency repairs if:

(1)

the Tenant has been unable to notify the Landlord or nominated repairer the nominated of the need for urgent repairs to the Premises; or

(2)

the repairs are not made within a reasonable time after notice is given to the Landlord.

27.2

The Landlord is liable to reimburse the Tenant for the reasonable costs of the repairs up to $1800 including GST provided the Tenant has given the Landlord 14 days written notice of such repairs being carried out.

27.3

Urgent repairs for which the Landlord agrees to make payment are:

(a)

a burst water service; or

(b)

a blocked or broken lavatory system; or

(c)

a serious roof leak; or

(d)

a gas leak; or

(e)

a dangerous electrical fault; or

(f)

flooding or serious flood damage; or

(g)

serious storm or fire damage; or

(h)

a failure or breakdown of any essential service or appliance provided by the Landlord on the Premises for hot water, cooking, heating or laundering; or

(i)

a failure or breakdown of the gas, electricity or water supply to the Premises; or

(j)

malfunctioning of an appliance, fitting or fixture provided by the Landlord that uses or supplies water that will or may result in substantial water waste; or

(k)

any fault or damage that causes the Premises to be unsafe or not secure, or

(l)

a serious fault in a lift or staircase

Note: With respect to items that use or supply water and cannot be repaired the Tenant may replace them with an item or items that is/are of or above a relevant prescribed level of rating.

 

14 Sep 2015 v2.2

Additions / Changes:

 

Important Note 4

At the start of the tenancy the Landlord or the Landlord’s Agent must give the Tenant a copy of the Renting a Home: A Guide for Tenants and Landlords booklet as published by the Consumer Affairs Victoria.

 

Clause 3

BOND

The Tenant must pay a bond of $.......................... to the Landlord/Agent on ……/……/……

 

In accordance with the Residential Tenancies Act 1997, the landlord must lodge the bond with the Residential Tenancies Bond Authority within 10 business days after receiving the bond.

 

If there is more than one Tenant and they do not contribute equally to the total bond, the amounts they each contribute are listed here:

Tenant’s Name

Bond Amount

………………………………………………………...................................

……………………...............

………………………………………………………...................................

……………………...............

………………………………………………………...................................

……………………...............

………………………………………………………...................................

……………………...............

 

If the Tenant does not receive a bond receipt from the Residential Tenancies Bond Authority within 15 business days of paying a bond, the Tenant should contact the Residential Tenancies Bond Authority (1300 13 71 64).

 

Clause 12.1(10)

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.

 

Clause 14.3(2)

Should the Landlord, Tenant or persons on the Premises with the permission or authority of either the Landlord or the Tenant damage or disconnect a utility servicing the Premises Property, the party who is at fault will be responsible for rectifying the damage or disconnection and paying all associated costs.

 

Clause 32

SIGNATURES

By signing this Agreement the Tenant/s:

agree to lease the Premises on the terms and conditions contained herein.

acknowledge having received of a copy of Renting a Home: A Guide for Tenants and Landlords booklet as published by the Consumer Affairs Victoria, at the start of the tenancy.

 

Signed by the Landlord/Landlord’s Agent:                  

 

Signature: …………………………………………..…

 

Signature of Tenant(s):

 

Tenant 1: …………………………………………..…   Tenant 2: …………………………………………..…

 

Tenant 3: …………………………………………..…   Tenant 4: …………………………………………..…                

 

11 Jun 2015 v2.1

Copyright statement updated.

 

12 Mar 2014 v2.0

Additions / Changes:

 

Clause 30

Privacy Statement

30.1

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.

The Landlord’s Agent must comply with the provisions of the Australian Privacy Principles (Privacy Act 1988) and where required maintain a Privacy Policy.

30.2

The Privacy Policy outlines how the Landlord’s Agent collects and uses personal information provided by you as the Tenant, or obtained by other means, to provide the services required by you or on your behalf.

30.3

You as the Tenant agree the Landlord’s Agent may, subject to the Privacy Act 1988 (CTH) (where applicable), collect, information from & use and disclose such information to:

(1)

the Landlord as owner of the Premises to which this Tenancy Agreement applies; &/ or

(2)

(subject to the provisions of Part 10A of the Residential Tenancies Act 1997) residential tenancy databases for the purpose of enabling a proper assessment of the risk in providing you with the lease and if applicable listing, in compliance with Section 439E of the Residential Tenancies Act 1997, tenancy agreement breaches; &/or

(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

30.4

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.  

30.5

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.

30.6

The Landlord’s Agent will provide (where applicable), on request, a copy of its Privacy Policy.

 

23 Dec 2013 v1.9

Additions / Changes:


Clause 13

The Tenant agrees:

(1)

not to remove or interfere with the operation of any smoke alarm installed on the residential Premises except with reasonable excuse, and

(2)

if any such smoke alarm has a replaceable battery, to ensure that the battery is replaced with a good quality battery at the start of each calendar year or whenever necessary.  

(3)

test all smoke alarms regularly  to ensure proper working order.  The Landlord will provide relevant information for carrying out such checks.

(4)

to notify the Landlord promptly to enable suitable arrangements to be made if the Tenant is physically unable to change the battery or test the smoke alarm as required.

(2)

to notify the Landlord in writing promptly if any smoke alarm installed on the residential Premises is not functioning properly.



Clause 21.4(6)

have all carpets shampooed and/or steam cleaned by a qualified carpet cleaner on the last day of the tenancy and provide written evidence of such to the Landlord/Agent on or before vacating. (This condition shall only apply where the Premises were tenanted with new carpet or the existing carpet had been professionally cleaned prior to the commencement of the tenancy.  The Tenant may request production of invoice or receipts evidencing same).

ensure carpets are left in a similar condition to their condition at the start of tenancy. If cleaning is required they should be professionally cleaned by a qualified carpet cleaner.

 

30 May 2013 v1.8

Additions / Changes:


Tenant

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

             ……………………………………………………………………………………………………………….

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

Phone/s: ……………………………………………………………………………………..  ACN: ……..…………


Clause 1

The landlord lets the Premises known as:

………...………………………………………..………………………………………………………..……………..

together with those items indicated in the Schedule (strike out if not applicable).

…………….………….…………………………………………………………………………………………………


Additional Terms

ADDITIONAL TERMS - Additional terms which do not take away any of the rights and duties included in the Residential Tenancies Act 1997 may be set out in this section.

Any additional terms must also comply with the Unfair Contract Terms under the Australian Consumer Law and Fair Trading Act 2012.

Contact Consumer Affairs Victoria on 1300 55 81 81 for further information.

[By initialing below the Tenant agrees to having read and understood the following additional terms of this Agreement]


Clause 25.1

The parties agree and confirm this Agreement and documents, notices and other correspondence required to be given to the Tenant throughout the term of this Agreement, may be forwarded electronically if the recipient has provided an email address &/or facsimile number in the Item Schedule to this Agreement. here: …………………………………………


Clause 30.2

You as the Tenant agree the Landlord’s Agent may, subject to the Privacy Act 1988 (CTH) (where applicable), collect information from & use and disclose personal information to:

 

06 Jul 2012 v1.7

Additions / Changes:


Additional Terms

Additional terms which do not take away any of the rights and duties included in the Residential Tenancies Act 1997 may be set out in this section.

Any additional terms must also comply with the Unfair Contract Terms under the Fair Trading Act 1999 Australian Consumer Law and Fair Trading Act 2012.

Contact Consumer Affairs Victoria on 1300 55 81 81 for further information.

[By initialing below the Tenant agrees to having read and understood the following additional terms of this Agreement]

 

02 Jul 2012 v1.6

Additions / Changes:


Clause 14.1

In accordance with Section 52 of the Residential Tenancies Act 1997, the Tenant is liable for payment of:

(1)where the Premises are separately metered:

(a)  all charges in respect of the supply or use of electricity, gas, or oil.  This excludes installation costs and charges in respect of the initial connection of such services to the Premises and the charges for the supply or hire of gas bottles.

(b)the cost of all water supplied where it is based solely on the amount of water supplied.
(c)that part of the charge that is based on the amount of water supplied if the cost of water supplied is only partly based on the amount of water supplied.

(d)  all sewerage disposal charges imposed in respect of the Premises during the Tenancy Agreement.

Note: with respect to water and sewerage the Owner must notify the Authority in accordance with Section 273A(c) of the Water Act 1989.

 

22 Mar 2012 v1.5

Additions / Changes:

Clause 25.1

The parties agree and confirm this Agreement and documents notices and other correspondence required to be given to the Tenant throughout the term of this Agreement, may be forwarded electronically if the recipient has provided an email address &/or facsimile number, for delivery or service of documents, in the Item Schedule to this Agreement.

Clause 32

By signing this Agreement the Tenant/s:

agree to lease the Premises on the terms and conditions contained herein.

acknowledge having received of a copy of Renting a Home: A Guide for Tenants and Landlords booklet as published by the Consumer Affairs Victoria, at the start of the tenancy.

 

Signed by the Landlord/Landlord’s Agent:                             Signature:……………………………..……………..…

 

Signature of Tenant(s):

 

Tenant 1: ………………………………………………..                Tenant 2: ……………………………………………….

 

Tenant 3: ………………………………………………..                Tenant 4: ……………………………………………….        

 

31 Aug 2011 v1.4

Additions / Changes:

Clause 25

The parties agree and confirm documents may be forwarded electronically to a person if that person the recipient has provided an email address &/or facsimile number, for delivery or service of documents, in the Item Schedule to this Agreement.  

Clause 27.1(b)

 

the repairs are not made within a reasonable time after notice is given to the Landlord.

Clause 27.2

The Landlord is liable to reimburse the Tenant for the reasonable costs of the repairs up to $1800 including GST provided the Tenant has given the Landlord written notice within 14 days written notice of such repairs being carried out.

Clause 30

30.1

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.

30.2

You as the Tenant agree the Landlord’s Agent may subject to the Privacy Act 1988 (CTH) (where applicable), collect information from & use and disclose personal information to:

 

(1)

the Owner of the Premises to which this Tenancy Agreement applies; &/ or

 

(2)

(subject to the provisions of Part 10A of the Residential Tenancies Act 1997) residential tenancy databases for the purpose of enabling a proper assessment of the risk in providing you with the lease and if applicable listing, in compliance with Section 439E of the Residential Tenancies Act 1997, tenancy agreement breaches; &/or  

 

(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

30.3

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.  

30.4

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 2011 v1.3

Additions / Changes:


Clause 25

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.


Clause 27

Note

Note: With respect to items that use or supply water and cannot be repaired the Tenant may replace them with an item or items that is/are of or above a relevant prescribed level of rating.

 

19 Apr 2010 v1.2


Clause 1

together with those items indicated in the Schedule any chattels (strike out if not applicable):

…………….………….………………………………………………………………………………………


Clause 2

Pay Period: weekly/fortnightly/monthly ……..…… (insert the date of each month when the rent is due)


Clause 3

 

The Tenant must pay a bond of $.......................... to the Landlord/Agent on ……/……/……

In accordance with the Residential Tenancies Act 1997, the landlord must lodge the bond with the Residential Tenancies Bond Authority within 10 business days after receiving the bond.

If there is more than one Tenant and they do not contribute equally to the total bond, the amounts they each contribute are listed here:

Tenant's Name

Bond Amount

...............................................................

...............................

...............................................................

...............................

...............................................................

...............................

...............................................................

...............................

If the Tenant does not receive a bond receipt from the Residential Tenancies Bond Authority within 15 business days of paying a bond, the Tenant should contact the Residential Tenancies Bond Authority.


Clause 4

[Tick applicable Period]

__

Fixed term (a)  The period of the Agreement is …………………………………………………

commencing on the …..…… day of ………………..… 20…….

and ending on the …..…… day of ………………..…20…….

Unless the Agreement terminates in accordance with the Residential Tenancies Act 1997, the Agreement will continue as a periodic tenancy.

OR

 

__

Periodic Tenancy (b) The Agreement will commence from the …..…… day of ………………..… 20…….. and continue until  terminated in accordance with the Residential Tenancies Act 1997.


Clause 12.1

(1)

not to to do nothing that involves painting, marking or deface the Premises internally or externally or use nails, screws or adhesives without prior written consent of the Landlord.

(2)

to place all household rubbish in the bin provided by the local authority and put the bin out for collection on the designated day for collection and remove the bin to the Premises promptly as soon as practicable after it has been emptied and return it to its allotted place.

(3)

not to use any sink, basin, toilet, drain or like facility in or connected to the Premises for other than their intended use nor to do anything that might damage or block the plumbing drainage or sewerage system servicing on the Premises and to promptly notify the Landlord of any blockage or defect.

(4)

not to affix any television antenna, satellite dish or cabling to the Premises without prior written consent of the Landlord.

(5)

not to hang washing, or other articles anywhere but in areas provided or designated for this purpose.

(6)

to maintain all garden areas including watering (subject to any council restrictions) trees, lawn and other plants, to mowing the lawn and removing garden rubbish (including pet waste) from the Premises.

(7)

not to keep animals on the Premises unless written permission has been given.

(7)

to replace, at the Tenant’s cost, blown or damaged spent light bulbs or fluro light tubes and ensure all are in a working condition at the end of the tenancy.  Where such damage has been occasioned by the Landlord or its Agent it shall be the Landlord’s responsibility to replace light bulbs and fluro tubes. as reasonably required from time to time throughout the term of the tenancy.

(8)

not to carry out any mechanical repairs to machinery (including cars and/or boats) which the Tenant may bring onto the Premises.

(9)

where the Landlord’s consent has been obtained in respect of Clause 12.1(1) & 12.1(4) the Landlord may require, as a condition of consent, that the Tenant return the Premises to its original condition at the end of the Tenancy.

(10)

Other: ..................................................................................................................................


Clause 13.1

The Tenant agrees:

(1)

not to remove or interfere with the operation of any smoke alarm installed on the residential Premises except with reasonable excuse, and

(2)

if any such smoke alarm has a replaceable battery, to ensure that the battery is replaced with a good quality battery at the start of each calendar year or whenever necessary.  

(3)

test all smoke alarms regularly weekly to ensure proper working order. The Landlord will provide relevant information for carrying out such checks.

(4)

to notify the Landlord promptly to enable suitable arrangements to be made if the Tenant is physically unable to change the battery or test the smoke alarm as required.

(5)

to notify the Landlord in writing promptly as soon as reasonably practicable if any smoke alarm installed on the residential Premises is not functioning properly.


Clause 14

14.1

In accordance with Section 52 of the Residential Tenancies Act 1997, the Tenant is liable for payment of:


(1)

where the Premises are separately metered:



(a)

all charges in respect of the supply or use of electricity, gas, or oil.  This excludes installation costs and charges in respect of the initial connection of such services to the Premises and the charges for the supply or hire of gas bottles.



(b)

the cost of all water supplied where it is based solely on the amount of water supplied.



(c)

that part of the charge that is based on the amount of water supplied if the cost of water supplied is only partly based on the amount of water supplied.



(d)

all sewerage disposal charges imposed in respect of the Premises during the Tenancy Agreement.


(2)

all charges in respect of the use of bottled gas at the Premises during the term of this Agreement.

14.2

The Landlord is responsible for the following charges where the supply is not separately metered:


(a)

electricity


(b)

non bottled gas


(c)

oil


(d)

water supply service & water supplied


(e)

sewerage disposal charges.

14.3

(1)

The Tenant must pay any expenses in relation to the Tenant changing utility suppliers including disconnection and reconnection fees.


(2)

Should the Landlord, Tenant or persons on the Premises with the permission or authority of either the Landlord or the Tenant damage or disconnect a utility servicing the Property, the party who is at fault will be responsible for rectifying the damage or disconnection and paying all associated costs.


Clause 15.1

The Tenant agrees:

(1)

not to install any fixture or renovate, alter or add to the Premises without the Landlord’s written permission, and

(2)

not to install any fixture or renovate, alter or add to the Premises without the Landlord’s written permission, and

(3)

not to alter, remove or add any lock or security device without the Landlord’s agreement, and in such case to provide the Landlord with a copy of the key or access codes, and

(4)

to notify the Landlord of any damage caused by removing any fixture attached by the Tenant, and

(5)

to repair any damage caused by removing the fixture or reimburse compensate the Landlord for the reasonable costs of repair.


Clause 16

16.1

The Tenant may use the Premises only as a place of residence, and must not carry out commercial or industrial activities or create any nuisance to adjoining neighbours. Should the Tenant wish to use the Premises for a purpose other than or in addition to a residence, the Landlord’s consent must first be obtained.

16.2

The Tenant must not carry out commercial or industrial activities or create any nuisance to adjoining neighbours.

16.3

The Tenant must take such actions as may be reasonable to prevent persons on the Premises with the Tenant’s authority (apart from the Landlord or those acting under the Landlord’s authority) from causing damage to the Premises.




Clause 17.1

The Tenant may keep pets on the Premises only as permitted in this Agreement or where written permission has been given by the Landlord to the Tenant subject to this Agreement. The Landlord’s consent will not be unreasonably withheld.

Note: It will not be unreasonable for permission to be withheld where the granting of such permission would contravene the rules of the Owners Corporation.


Clause 18


The Premises is subject to the Owners Corporation Act 2006:   __ Yes  __ No (if ‘yes’ clause 18 applies)

18.1

The Landlord must give the Tenant a copy of the rules of the Owners Corporation body corporate under the Owners Corporation Act 2006 Subdivision (Body Corporate) Regulations 2001 at the commencement of occupation and a copy of the consolidated rules of the Owners Corporation any new rules as soon as possible after it is lodged with the Registrar. the new rules are made.

18.2

The Tenant must comply with the rules of the Owners Corporation body corporate.

18.3

__ The Tenant confirms a copy of the rules (and any advised amendments) of the Owners Corporation were provided on the signing of this Agreement by the Agent/ Landlord.

Initial: …………………


Clause 19.1

In accordance with Section 428 of the Residential Tenancies Act 1997 (Act) the Tenant must not refuse to pay rent on the grounds that the Tenant intends to regard as rent paid by the Tenant the bond or any part of the bond paid in respect of the rented Premises. in accordance with S 428 of the Act. Breach of this obligation by the Tenant will allow action to be taken under the Act and penalties may be imposed.


Clause 20

20.1

The Tenant must promptly rectify any breach and pay the reasonable expenses of such rectification.

20.2

If the Tenant is in breach of the obligations under this Agreement (including its obligations to maintain the Premises) the Landlord may, where the Tenant has not done so promptly, rectify such breach and claim the cost of such rectification from the Rental Bond or the Tenant.

20.3

Should the Tenant be in breach of its obligations under the Agreement resulting in default and termination of this Agreement before the end date, the Tenant is not released from its obligations under this Agreement and must pay damages, which damages may include any losses incurred by the Landlord with respect to rental, outgoings, letting and marketing expenses and otherwise. The Landlord has an obligation to mitigate its damages.


Clause 21

21.1

The Tenant must give the Landlord written notice of its intention to vacate the Premises in accordance with Section 235 of the Residential Tenancies Act 1997 in the approved form, such notice being not less than 28 days prior to the tenancy expiry date, to the Landlord in the approved form of its intention to vacate the Premises.

21.2

Where the Tenant, with the consent of the Landlord, remains in occupation after the expiration of the term, the Tenant does so under a periodic tenancy and must give the Landlord a notice of its intention to vacate in accordance with Clause 21.1.

21.3

The Landlord requiring possession of the Premise at the end of the term must give the Tenant notice in accordance with the Residential Tenancies Act 1997.

21.4

On termination of this Agreement whether on expiry of a fixed term, by agreement between the parties or otherwise in accordance with the Residential Tenancies Act 1997 in accordance with Part 6 of the Residential Tenancies Act 1997 the Tenant agrees to:


(1)

to deliver vacant possession in accordance with the termination


(2)

to deliver up all keys and security devices


(3)

to leave the Premises as nearly as possible in the same condition (fair wear and tear excepted) as set out in the condition report for the residential Premises.


(4)

to remove all of the Tenant’s property (including fixtures where required) and belongings from the Premises including rubbish and property on the Premises not the property of the Landlord.


(5)

to advise as soon as possible of the Tenant’s contact address


(6)

have all carpets shampooed and/or steam cleaned by a qualified carpet cleaner on the last day of the tenancy and provide written evidence of such to the Landlord/Agent on or before vacating. (This condition shall only apply where the Premises were tenanted with new carpet or the existing carpet had been professionally cleaned prior to the commencement of the tenancy.  The Tenant may request production of invoice or receipts evidencing same).

21.5

Failure by the Tenant to carry out any of its obligations under this Agreement and on termination will entitle the Landlord to claim damages in respect of any expenses incurred or rental lost. The Landlord must take reasonable steps to mitigate its damages.

21.6

The termination of this Agreement by notice or otherwise shall not affect either party’s right to compensation for damages arising from breach of the terms of this Agreement.

21.7

No forbearance by the Landlord to exercise its rights against the Tenant in respect of any breach by the Tenant of its obligations under this Agreement or with respect to the Residential Tenancies Act 1997 shall preclude the Landlord from subsequently exercising its rights in respect of this Agreement or in accordance with the Residential Tenancies Act 1997.


Clause 22.1

The Tenant agrees:

(1)

not to by act or omission, 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.

(2)

to pay the Landlord any excess or premium increase or charge 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. This does not include any increase in the premium as a result of actions by the Landlord or people acting with the Landlord’s authority.

(3)

to be responsible for insuring the Tenant’s own property.

(4)

the Landlord will provide a copy of relevant insurance policies to the Tenant.


Clause 23

23.1

Where the Landlord, has complied with its obligations under this Agreement and the Residential Tenancies Act 1997, the Tenant, except in the case of negligence on the part of the Landlord, indemnifies the Landlord against any claims in respect of loss, damage or injury to persons or property for which the Landlord may become liable as a result of any act or omission by the Tenant or others on the Premises with the consent of the Tenant.  

23.2

For the purpose of this Clause the Landlord shall include the Agent, contractors and permitted assigns.


Clause 24

24.1

The Landlord must give the Tenant at least 60 days notice in the prescribed form in accordance with the Residential Tenancies Act 1997 of a proposed rent increase.

24.2

Under a fixed term tenancy a Landlord must not increase the rent before the term ends unless this Agreement provides for a rent increase within the fixed term.

24.3

The Landlord must not increase the rent at intervals of less than 6 months.

24.4

If the Tenant disagrees with the rent increase the Tenant may in accordance with Section 45 of the Residential Tenancies Act 1997 apply to the Director of Consumer Affairs Victoria to investigate and report. The Tenant must make an application within 30 days after receiving the notice of Rent increase.


Clause 25.1

By signing this Agreement all parties acknowledge to having given prior approval, in accordance with the Electronic Transactions (Victoria) Act 2000, for electronic transmission of this Agreement and any other related documents, for signing purposes or otherwise, by as far as such means of communication as have been indicated in this document (ie. Facsimile numbers & email address).


Clause 26.1

All persons using the Premises as Tenants or otherwise must comply with the provisions of this Agreement and the Residential Tenancies Act 1997 and other relevant legislation and regulations. Any proposed change in Tenants must be immediately notified to the Landlord.


Clause 28.1 Note

In exercising its rights under this Clause the Landlord will minimize interference with the Tenant’s right of quiet enjoyment.


Clause 29

29.1

In entering into this Agreement the Tenant has not relied on any representations, statements or warranties made or given by the Landlord or the Agent not contained in this Agreement or as otherwise set out in the schedule hereto and confirms the terms and Additional Terms (including Other Additional Terms) contained in this Agreement form the whole of the Agreement between the parties.

29.2

No amendment, alteration or addition to this Agreement will be valid unless in writing and signed by the Tenant and the Landlord/ Agent.

 

27 Jun 2008 v1.1

Additions / Changes:


Form Header

RESIDENTIAL TENANCY AGREEMENT

Residential Tenancies Act 1997 (Section 26(1))

Residential Tenancies Regulations 2008 (Regulation 7)


Additional Terms

Any additional terms must also comply with the Unfair Contract Terms under the Fair Trading Act 1999. Contact Consumer Affairs Victoria on 1300 55 81 81 for further information.