RTA Form 18a - General Tenancy Agreement - Long Term Leases - AUQLDREPMT46

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

 

15 May 2019 v4.2

Additions / Changes:

 

Addendum - Special Terms

Clause 12

(1)

The tenant will permit the lessor/ lessor’s agent, on entering the Premises in accordance with Clause 20 (routine inspections) of the Standard Terms, to record the condition of the Premises by taking photos and/or videos. The photos and/or videos will be used to compare with photos and/or videos taken in the preparation of the Entry 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 lessor/ lessor’s agent require photos or videos of the Premises for any purpose other than as outlined above the lessor/ lessor’s agent must obtain the tenant’s written authorisation.

(2)

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

(2)

The tenant authorises photos and/or videos (including photos and/or videos of something belonging to the tenant) taken in compliance with Clause 12(1) to be provided to and used subject to Clause 12(1) by the lessor and/or lessor’s agent.

(3)

Photos or videos may not be used for advertising and copies will be provided to the tenant on request at no charge.

(4)

Should the lessor/lessor’s agent require photos or videos of the Premises for any purpose other than as provided in Clause 12(1) the lessor/lessor’s agent must obtain the tenant’s written authorisation.

17 Apr 2019 v4.1

Changes as per Residential Tenancies Authority

 

19 Nov 2018 v4.0

Additions / Changes:

 

Addendum - Special Terms

Clause 2(g)

Not to construct and/or place upon any part of the premises, without first obtaining the written consent of the lessor, any shed, container or other object likely to cause damage to the premises or grounds forming part of the premises.

 

04 Oct 2018 v3.9

Additions / Changes:

 

Addendum - Special Terms

Clause 5(g)

Provide copies of invoices and receipts relating to compliance with the requirements of Addendum - Special Terms - Clause 5 (b), (c) and (f) to the lessor/ lessor’s agent on or before vacating.

 

02 Aug 2018 v3.8

Additions / Changes:

 

Addendum - Additional Items

Item C

Rent Increase   See Clause 10 of the Standard Terms and Clause 10 of Addendum -  Special Terms

__ Future rent increases applicable       (where ticked refer attached Rent Increase Addendum)

 

Addendum - Special Terms

Clause 5(g)

Provide written evidence copies of invoices and receipts relating to of compliance with the requirements of Addendum - Special Terms - Clause 5 (b), (c) and (f) to the lessor/ lessor’s agent on or before vacating.

 

Addendum - Special Terms

Clause 10

In the case of a fixed term agreement the tenant agrees, if a future  rent increase is applicable as indicated stated in Addendum – Additional Items - Item C:

(a)

subject to Clause 10 of the Standard Terms, the rental may be increased before the term ends and such increase shall be as set out in the attached Rent Increase Addendum.

(b)

notice must be given by the lessor/ lessor’s agent not less than two months prior to the rent increase commencement date advising of a rental increase and the date of such increase.

Note: In case of a disagreement, the provisions of Clause 11 of the Standard Terms may be applicable.

 

05 Jun 2018 v3.7

Additions / Changes:

 

Clause 5(b)

On the last day of the tenancy have all carpets cleaned to a professional standard similar to the standard as provided by the lessor/lessor’s agent at the start of the tenancy.

 

07 May 2018 v3.6

Additions / Changes:

 

Clause 11

Provision of Documents

The parties agree to the delivery and service of documents or other communications via electronic means including SMS text messaging, emailing or other forms of electronic communication where such information has been provided by a party in this Agreement.

 

Clause 11

Related Documents / Notices / Electronic Communication

(1)

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.

(2)

A Related Document to be served on any party under this Agreement shall be in writing and may be served on that party:


(a)

by delivering it to the party personally; or


(b)

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


(c)

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 Agreement; or


(d)

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


(e)

by delivery to an alternative address, provided in writing by the party, by any of the methods outlined in Clauses 11(2)(a) to (d) above.

(3)

A 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 document would be delivered.

(4)

A document sent by electronic communication will be deemed to have been received in accordance with Section 24 of the Electronic Transactions (Queensland) Act 2001.

(5)

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

(6)

Documents must be served before 5pm on a business day, failing which, such document will be deemed to have been served on the next business day.

(7)

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.

(8)

The parties agree to execution, delivery and service of documents electronically by a method provided by DocuSign or such other agreed electronic signature service provider.

 

Clause 12

(1)

The tenant will permit the lessor/ lessor’s agent, on entering the Premises in accordance with Clause 20 (routine inspections) of the Standard Terms, to photographically record the condition of the 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 Entry 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 lessor/ lessor’s agent require photos or videos of the Premises for any purpose other than as outlined above the lessor/ lessor’s agent must obtain the tenant’s written authorisation.

(2)

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

 

Clause 16

(1)

Electronic Document: means any electronic communication (including Notices) as defined in the Electronic Transactions (Queensland) Act 2001 including any electronically generated document situated on an external server readily accessible via a link within an electronic communication or other electronically generated document.

(2)

Related Document: means any written communication (including Notices) with regard to this matter between the parties, including any Electronic Documents.

 

24 Mar 2017 v3.5

Additions / Changes:

 

Addendum - Special Terms Clause 3

Pets

(1)

The tenant may not keep pets on the premises other than:


(a)

In accordance with Item 17 of Part 1, Clause 24 of the Standard Terms and this Clause 3; or


(b)

Subsequent to the entering into this agreement where written permission is given by the lessor, such permission being subject to the terms of this agreement.

(2)

The tenant agrees at all times to:


(a)

Keep the pets under control, particularly in respect of noise.


(b)

Maintain the cleanliness and health of the pets including appropriate vaccination.


(c)

Keep all areas, where the pet/s are allowed, clean and parasite free.


(d)

Abide by any body corporate by-laws and laws, by-laws and regulations of any competent authority or local council in relation to pets.


(e)

Abide by any body corporate by-laws and laws, by-laws and regulations of any competent authority or local council in relation to pets.


(f)

Where the premises are part of a body corporate, restrain pets when in any common areas of the property by way of a leash or similar restraint device.


(g)

Regularly remove pet droppings in an appropriate manner.


(h)

Dispose of any deceased pets’ bodies in an appropriate manner and in accordance with all local government by-laws or guidelines where applicable.

(3)

The tenant warrants that it has inspected the fences at the start of the tenancy and found them to be adequate to enclose the pet/s.

(4)

If during the tenancy the fences are found to be inadequate to enclose the pets:


(a)

The tenant must promptly remove the pet/s from the premises until the fence is repaired; and


(b)

Report the inadequacy or damage to the lessor/lessor’s agent.

(5)

If the tenant breaches any of the conditions of this Clause 3 and such breach is not rectified within 14 days of the tenant being given a notice to rectify, the tenant will be required to remove the pet/s from the premises.

(6)

Any further instruction from the lessor in relation to Pets will be included in Part 3 Special terms.

 

Addendum - Special Terms Clause 12

Inspections

(1)

The tenant will permit the lessor/ lessor’s agent, on entering the Premises in accordance with Clause 20 (routine inspections) of the Standard Terms, to photographically record the condition of the Premises. The photos will be used to compare with photos taken in preparation of the Entry 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. Such photos will be used solely for the purposes of identifying any damage or defects that become apparent during the inspection and may be distributed to people involved in rectification including the lessor of the rental Premises. Such Photos 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 lessor/ lessor’s agent require photos of the Premises for any purpose other than as outlined above the lessor/ lessor’s agent must obtain the tenant’s written authorisation.

(2)

Reasonable care will be taken to avoid such photographic records including details of the tenant’s personal property and effects.


 

28 Nov 2016 v3.4

Changes as per Residential Tenancies Authority

 

15 Sep 2016 v3.3

Additions / Changes:

 

Addendum - Additional Items Item A

Additional Tenants

Tenant 4   Full name/s ......................................................................................................................

Phone ................................................   Email .................................................................................

 

Addendum - Additional Items Item F

Additional Tenants Signatures

Tenant 4   Full name/s ......................................................................................................................

Phone ................................................   Email .................................................................................

Signature of tenant 4                                                in the presence of (witness)

Print name                                                                  Print name

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

Signature                        Date: ...... / ...... / ......           Witness signature           Date: ...... / ...... / ......

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

 

Addendum - Special Terms Clause 3(3)

The tenant may not grant other person’s a licence 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 lessor's consent having been first obtained. The lessor must act reasonably.

 

20 Sep 2015 v3.2

Additions / Changes:

 

Item 14

Fields changed from text fields to combo boxes

 

Special Terms

Clause 2(p)

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 v3.1

Copyright statement updated.

 

01 Oct 2014 v3.0

Additions / Changes:

 

Special Terms

Clause 4(b)

Have all carpets professionally cleaned on the last day of the tenancy to a similar standard as provided by the lessor/lessor’s agent at the start of the tenancy.

On the last day of the tenancy have all carpets cleaned to a professional standard similar to the standard as provided by the lessor/lessor’s agent at the start of the tenancy.

 

12 Mar 2014 v2.9

Additions / Changes:

 

Special Terms

Clause 12

Privacy Statement

(1)

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

(2)

The Privacy Policy outlines how the lessor’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.

(3)

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

(1)

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

(2)

(subject to the provisions of Chapter 9 of the Act) residential tenancy databases for the purpose of enabling a proper assessment of the risk in providing you with the lease and if applicable listing tenancy agreement breaches; &/or

(3)

tradespeople and similar contractors engaged by the lessor/ lessor’s agent in order to facilitate the carrying out of works with respect to the Premises; &/or

(4)

the lessor’s insurance companies; authorised real estate personnel; courts and tribunals and other third parties as may be required by the lessor’s agent relating to the  administration of the Premises and use of the lessor’s agent’s services; &/or

(5)

Body Corporates

(4)

Without provision of certain information the lessor’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 request the lessor’s agent provide details of access such personal information provided or obtained and also do all things reasonably necessary to amend or remove and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.

(6)

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

 

Special Terms

Clause 14

The parties confirm that no legal advice as to the Standard Terms or Special Terms was provided by the lessor’s agent Agent.  Any Special Terms or Clauses were inserted at the specific request of a relevant party to this Agreement.  No warranty is given by the lessor’s agent Agent and legal advice should be sought.

 

24 Sep 2013 v2.8

Additions / Changes:


Special Terms Clause 13

Telephone

Subscription to telephone and internet services will be the responsibility of, and at the cost to, the Tenant.

 

09 May 2013 v2.7

Changes as per Residential Tenancies Authority

 

22 Nov 2012 v2.6

Additions / Changes:


Special Terms Clause 2(j)

Not to maliciously intentionally or negligently damage the premises or any part of the premises.


Special Terms Clause 2(l)

To replace all cracked and broken glass, blown light bulbs and fluro tubes, not previously identified in the Entry Condition Report.


Special Terms Clause 2(l)

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.


Special Terms Clause 2(n)

To replace any light bulbs and fluro tubes that have blown during the term of the tenancy.


Special Terms Clause 2(o)

To at all times during the term of the tenancy, comply with the terms of this General Tenancy Agreement including Addendum B - Special Terms.


Special Terms Clause 4

The tenant will on vacating the premises: at the conclusion of the tenancy have complied with the requirements of Addendum B - Special Terms - Clause 2 in all respects and in addition on vacating the premises the tenant will:


Special Terms Clause 4(b)

Have all carpets professionally cleaned on the last day of the tenancy shampooed and/or steam cleaned to a similar standard as provided by the lessor/lessor’s agent at the start of the tenancy. by a qualified carpet cleaner on the last day of the tenancy.


Special Terms Clause 4(c)

Fair wear and tear accepted, repair all and any damage to the premises arising or as a result of the tenant’s or its guest’s actions caused by the Tenant/s including damage (if any) caused by the Tenant’s pets.


Special Terms Clause 5(1)

The lessor having, where appropriate, taken reasonable steps to mitigate its losses, may claim from the tenant any reasonable costs or expenses incurred by the lessor arising from or as a result of:

(a)

the acts or omissions of the tenant, its guest or invitees other than invitees permitted to enter the Premises for the purpose of carrying out works as authorised by the lessor or lessor’s agent in accordance with this agreement.

(b)

the tenant’s failure to comply with the tenant’s obligations under the Act or this agreement.


Special Terms Clause 5(2)

If at the end of the tenancy the tenant is in breach of any of its the obligations under this tenancy agreement giving rise to a claim for compensation by the lessor, the lessor may rectify such breach and claim the cost of such rectification from the rental bond or the tenant, subject to the provisions of the Act.


Special Terms Clause 5(2)

The lessor may claim from the tenant any reasonable costs or expenses incurred by the lessor as a result of the acts or omissions of the tenant or persons on the premises with the consent of the tenant and also associated with the tenant’s failure to comply with the tenant’s obligations under Addendum B - Special Terms  Clause 2 of this agreement.


Special Terms Clause 9(1)

subject to Clause 10 of the Standard Terms 10, the rental may be increased before the term ends and such increase shall be as set out in the attached Rent Increase Addendum.


Special Terms Clause 9 Note

Note: In case of a disagreement, the provisions of Clause 11 of the Standard Terms 11 may be applicable.


Special Terms Clause 10

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.

The parties agree to the delivery and service of documents or other communication via electronic means including SMS text messaging, emailing or other forms of electronic communication where such information has been provided by a party in this Agreement.


Special Terms Clause 12(2)

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

 

01 Nov 2012 v2.5

Additions / Changes:


Item F

Key collection & return

 

Keys available for collection: (new tenancies only)

Date: __ On the starting date stated in Item 6.2      OR     __   ___________________________________

Time:  __________________________________________________________________________________

 

Keys to be returned:

Date:  __ On the Ending date stated in Item 6.3       OR      __   ___________________________________

Time:  __________________________________________________________________________________

 

Instructions for returning keys upon vacating:

________________________________________________________________________________________

 

29 Oct 2012 v2.4

Changes as per Residential Tenancies Authority

 

07 Jul 2011 v2.3

Additions / Changes:


Part 3

Pool Safety Certificate Requirements (complete if there is a swimming pool for use by the Tenant/s on the Premises)

The Tenant acknowledges having received one of the following:

__  Form 37 (non-shared pools) -applies during exemption period only   OR __  a copy of the current Pool Safety Certificate   OR   __  a Form 36 – Notice of No Pool Safety Certificate (Body Corporate shared pool only)

 

21 Apr 2011 v2.2

Changes as per Residential Tenancies Authority

 

21 Feb 2011 v2.1

Additions / Changes:


Part 3

Pool Safety Certificate Requirements (complete if there is a swimming pool for use by the Tenant/s on the Premises)

The Tenant acknowledges having received one of the following:

__ Form 37 (non-shared pools) -applies during exemption period only   OR   __  a copy of the current Pool Safety Certificate   OR   __  a Form 36 – Notice of No Pool Safety Certificate (Body Corporate shared pool only)

 

04 Feb 2011 v2.0

Additions / Changes:


Special Terms Clause 4(c)

Repair all and any damage to the premises caused by the Tenant/s including damage (if any) caused by pets.


Special Terms Clause 11(2)

Reasonable care will be taken to avoid such photographic records including details of the tenant’s personal property and effects.


Special Terms Clause 12(2)(2)

credit reporting &/or residential tenancy databases for the purpose of properly assessing the risk in providing you with the lease maintaining or creating an information file about you; &/or


Special Terms Clause 12(2)(3)

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)).


Special Terms Clause 12(4)

The tenant has the right to request the lessor’s agent provide details of such information provided or obtained and also do all things reasonably necessary to amend or remove correct any inaccurate or out of date information.

 

01 Dec 2010 v1.9

Additions / Changes:


Part 3

Pool Safety Certificate Requirements (complete if there is a swimming pool for use by the Tenant/s on the Premises)

The Tenant acknowledges having received one of the following:

__  a copy of the current Pool Safety Certificate   OR   __  a Form 36 – Notice of No Pool Safety Certificate (Body Corporate shared pool only)


Special Terms Clause 2(g)

To maintain any swimming pool or spa (if applicable) in its condition as at the date of this Agreement such maintenance to include the cost of chemicals necessary to maintain the condition of the pool.


Special Terms Clause 2(g)

Not to construct & /or use a portable wading pool, spa or such other regulated pool/s that:

(1)

is capable of being filled with water to a depth of more than 300mm; or

(2)

has a volume of more than 2000L; or

(3)

has a filtration system

Such pools as described above are considered regulated pools under the Building Act 1975 and require compliant pool fencing &/or pool barriers.

 

27 Sept 2010 v1.8

Additions / Changes:


Special Terms Clause 2(m)

To keep the premises free of rodents, termites, cockroaches and other vermin and to notify the Lessor 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.

 

22 Sept 2010 v1.7

Additions / Changes:

Click here to view detailed information about changes


Standard Terms Heading

Part 2        Standard Terms

(Terms as prescribed by the Residential Tenancies Authority in accordance with the Residential Tenancies and Rooming Accommodation Act 2008)


Special Terms

Special Conditions Warning

Special Conditions:

(a) Were inserted under instruction by a party to this Agreement; and/or

(b) Precedents used by the Agent as Special Conditions were prepared by an Australian Legal Practitioner, not by the Agent who gives no warranty in respect of same and in accordance with the Warning, above the Signing area herein; legal advice should be sought as to the meaning and effect of such Special Conditions before signing.


Special Terms

Warning

WARNING: By signing this Agreement the parties confirm no legal advice as to the Standard Terms & Special Terms was provided by the Agent. The parties further agree that any Special Terms or Clauses were inserted at the specific request of a relevant party to this Agreement and, where not prepared by that party, were prepared by an Australian Legal Practitioner and not the Agent. No warranty is given by the Agent and legal advice should be sought.


Signatures

4th Tenant Signature section added.


Extra Special Terms Heading

Addendum A - Special Terms

These terms are in addition to the Standard Terms and only form part of this Agreement provided they do not conflict with the Act or the Standard Terms and the parties have agreed to the Special Terms.


Special Terms Clause 1

The lessor shall ensure, as part of its obligations under Clause 25 of the Standard Terms, the premises are in a reasonable state of repair and are free from vermin at the commencement of the Tenancy.


Special Terms Clause 2(b)

To place all household rubbish in 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 as soon as practicable after it has been emptied and return it to its allocated place.


Special Terms Clause 2(j)

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 / lessor’s agent with a copy of the key or access codes.


Special Terms Clause 2(k)(3)

advise the lessor / lessor’s agent as soon as practicable when the tenant is aware a smoke alarm has failed or is about to fail.


Special Terms Clause 2(m)

To keep the premises free of rodents, termites, cockroaches and other vermin and to notify the Lessor 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.


Special Terms Clause 3

(1)

The tenant agrees that only the persons nominated in Part 3 (Special Terms) or as specified on the Application for Tenancy, and their children up to the maximum number or persons authorized under this agreement, are to reside on the premises. Approval must be sought from the lessor /lessor’s agent for any other persons to reside on the premises during the Tenancy.

(2)

The tenant is aware that the lessor/ or the lessor’s agent may maintain possession of a set of keys to the premises.


Special Terms Clause 4

The tenant will at the conclusion of the tenancy have complied with the requirements of Special Term Clause 2 in all respects and in addition on vacating the premises the tenant will:


Special Terms Clause 4(g)

Provide written evidence of compliance with the requirements of Special Term Clause 4 (b), (c) & (f) should be provided to the lessor/ lessor’s agent on or before vacating.


Special Terms Clause 5

Note: Section 429 of the Act states:

If there is a dispute between the lessor and tenant…. about (this) Agreement, either party may apply to the tribunal for an order and the tribunal may make any order it considers appropriate, to resolve the dispute.

(1)

If at the end of the tenancy the tenant is in breach of the obligations under this tenancy agreement giving rise to a claim for compensation by the lessor the lessor may rectify such breach and claim the cost of such rectification from the rental bond or the tenant, subject to the provisions of the Act.

(2)

The lessor may claim from the tenant The tenant will pay to the lessor any reasonable costs or expenses incurred by the lessor arising as a result of the acts or omissions of the tenant or persons on the premises with the consent of the tenant and also associated with the tenant’s failure to comply with the tenant’s obligations under Special Term Clause 2 of this agreement.

(3)

Should the agreement be terminated by the tenant or by a tenant’s breach of the agreement before the ending date of this Agreement:


(a)

the tenant agrees to pay reasonable costs (re-letting and advertising costs) in accordance with Clause 7 of the Standard Terms of this agreement and continue to fulfill their obligations under this agreement until another General Tenancy Agreement is entered into by the lessor / lessor’s agent for the Premises or until the tenant/s General Tenancy Agreement expires, whichever is sooner.


(b)

the tenant may be liable to pay any loss of rent incurred by the lessor in re-letting the Premises where the lessor / lessor’s agent has taken reasonable steps to reduce or minimize rental losses.

(4)

The Tenant will be liable to pay costs associated with the failure by the Tenant to comply with the Tenant’s obligations in respect of Clause 46 and this agreement generally.


Special Terms Clause 7

Except in the case where the lessor &/or the lessor’s agent have been negligent on the part of the Lessor or fail to comply the Lessor having compliedwith itsobligations under the Act, neither the lessor or the lessor’s agent (acting with the lessor’s authority) will not be liable for any loss or damage suffered by the tenant or other persons on the premises with respect to either person or property AND the tenant indemnifies the lessor &/or the lessor’s agent against all liability with respect to injury or damage to the tenant or other persons or the property of either occurring on the premises as a result of any act or omission by the tenant or others on the premises with the consent of the tenant.

Note: The provisions of Section 429 allow either party to apply to the Tribunal in case of a dispute.


Special Terms Clause 9

In the case of a fixed term agreement the tenant agrees, if a rent increase is stated in Item 7:

(1)

subject to Standard Term 10, the rental may be increased before the term ends and such increase shall be as set out in the Rent Increase Addendum.

(2)

Notice must be given by the lessor/ lessor’s agent not less than two months prior to the rent increase commencement date advising of a rental increase and the date of such increase.

Note: In case of a disagreement, the provisions of Standard Term 11 may be applicable.


Special Terms Clause 10

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.


Special Terms Clause 11

The tenant will permit the lessor/ lessor’s agent, on entering the Premises in accordance with Clause 20 (routine inspections) of the Standard Terms, to photographically record the condition of the Premises. Such photos will be used solely for the purposes of identifying any damage or defects that become apparent during the inspection and may be distributed to people involved in rectification including the lessor Landlord of the rental Premises. Such photos 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 lessor/ lessor’s agent require photos of the Premises for any purpose other than as outlined above the lessor/ lessor’s agent must obtain the tenant’s written authorisation.


Special Terms Clause 12

(1)

The lessor’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.

(2)

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


(1)

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


(2)

credit reporting &/or tenancy databases for the purpose of maintaining or creating an information file about you; &/or


(3)

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


(4)

tradespeople and similar contractors engaged by the lessor / lessor’s agent in order to facilitate the carrying out of works with respect to the Premises; &/or


(5)

the lessor’s insurance companies; authorised real estate personnel; courts and tribunals and other third parties as may be required by the lessor’s agent relating to the  administration of the Premises and use of the lessor’s agent’s services; &/or


(6)

Body Corporates

(3)

Without provision of certain information the lessor’s agent may not be able to act effectively or at all in the administration of this Agreement.

(4)

The tenant has the right to request the lessor’s agent provide details of such information and also correct any inaccurate or out of date information.

 

15 Jul 2010 v1.6

Additions / Changes:


Clause 46(l)

To replace all cracked and broken glass, blown light bulbs and fluro tubes, not previously identified in the Entry Condition Report.

Subject to the Entry Condition Report, to replace:

(a)

all cracked and broken glass; and

(b)

blown light bulbs and fluro tubes


Clause 56

(1)

The 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.

(2)

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


(1)

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


(2)

credit reporting &/or tenancy databases for the purpose of maintaining or creating an information file about you; &/or


(3)

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)).


(4)

tradespeople and similar contractors engaged by the Owner/Agent in order to facilitate the carrying out of works with respect to the Premises; &/or


(5)

the Owner’s insurance companies; authorised real estate personnel; courts and tribunals and other third parties as may be required by the Agent relating to the  administration of the Premises and use of the Agent’s services; &/or


(6)

Body Corporates

(3)

Without provision of certain information the Agent may not be able to act effectively or at all in the administration of this Agreement.

(4)

The Tenant has the right to request the Agent provide details of such information and also correct any inaccurate or out of date information.

 

10 May 2010 v1.5

Additions / Changes:


Clause 46(l)

Subject to the Entry Condition Report, to replace:

(a)

all cracked and broken glass; and

(b)

blown light bulbs and fluro tubes


Clause 49(2)

The tenant will pay to the lessor any costs or expenses arising as a result of the acts or omissions of the tenant or persons on the premises with the consent of the tenant.


Clause 49(3)

Should the agreement be terminated by the tenant or by a tenant’s breach of the agreement before the ending date of this agreement the tenant agrees to pay reasonable costs (including fees and expenses relating to this agreement) in accordance with Clause 7 of this agreement and to pay the rent, fees and expenses related to this agreement and continue to fulfill their obligations under this agreement until another General Tenancy Agreement is entered into by the Lessor/Agent for the Premises or until the Tenant/s General Tenancy Agreement Expires, whichever is sooner.


Clause 50(2)

The tenant will pay to the lessor any excess or premium increase charged by the lessor’s Insurance Company and any other costs or expenses as a result of the acts or omissions of the tenant or persons on the premises with the consent of the tenant.


Clause 51

Except in the case of negligence on the part of the Lessor, the Lessor having complied with its obligations under the Act will not be liable for any loss or damage suffered by the tenant or other persons on the premises with respect to either person or property AND the tenant indemnifies the lessor against all liability with respect to injury or damage to the tenant or other persons or the property of either occurring on the premises as a result of any act or omission by the tenant or others on the premises with the consent of the tenant.

 

14 Nov 2009 v1.4

Additions / Changes:


Clause 45

The Lessor shall ensure, at the commencement of the Tenancy, the premises are in a reasonable state of repair and are free from vermin. treated as necessary by a licensed pest controller.


Clause 48(g)

Written evidence of requirements (b), (c), & (f) & (h) should be provided to the Lessor/Agent on or before vacating.


Clause 48(h)

Where bottled gas is used the tenant will maintain the supply and leave the gas cylinder/s full upon vacating the premises.


Clause 48(i)

Where tank water is used the tenant will ensure the tank contains a like quantity of water at the end of the tenancy as it did at the beginning.


Clause 49(2)

Should the agreement be terminated by the tenant or by a tenant’s breach of the agreement before the ending date of this agreement the tenant agrees to pay reasonable costs in accordance with Clause 7 of this agreement and to pay the rent, fees and expenses related to this agreement and continue to fulfil their obligations under this agreement until another General Tenancy Agreement is entered into by the Lessor/Agent for the Premises or until the Tenant’s General Tenancy Agreement expires, whichever is sooner.

 

20 July 2009 v1.3

Additions / Changes:


Clause 46(a)

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 Lessor.


Clause 46(c)

Not to use any sink, basin, toilet, drain or like facility in or connected to the premises for other than their intended use or to do anything that might damage or block the plumbing drainage or sewerage system servicing on the premises.


Clause 46(d)

Not to affix any television antenna to the premises.


Clause 46(f)

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 46(i)

Not to intentionally or negligently damage the premises or any part of the premises.


Clause 46(l)

To replace all broken glass including blown light bulbs and fluro tubes and ensure all are in a working condition at the end of the tenancy.


Clause 48(g)

Written evidence of requirements (b), (c), and (f) & (h) should be provided to the Lessor/Agent on or before vacating.


Clause 48(j)

Return all remote control devices in good working order and condition including batteries, and where not returned, make good the cost of replacement.


Clause 49(2)

Should the agreement be terminated by the tenant or a tenant’s breach of the agreement before the ending date of this agreement the tenant agrees to pay reasonable costs in accordance with Clause 7 of this agreement and to pay the rent, fees and expenses related to this agreement and continue to fulfil their obligations under this agreement until another General Tenancy Agreement is entered into by the Lessor/Agent for the Premises or until the Tenant’s General Tenancy Agreement expires, whichever is sooner.


Clause 49(3)

The Tenant will be liable to pay costs associated with the failure by the Tenant to comply with the Tenant’s obligations in respect of Clause 46 and this agreement generally.

 

29 Jun 2009 v1.2

Additions / Changes:


Clause 46(a)

To not 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 Lessor.


Clause 46(l)

To replace all broken glass including blown light bulbs and fluro tubes.

 

15 Jun 2009 v1.1

Changes as per Residential Tenancies Authority

Additions / Changes:


Clause 46(a)

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 Lessor.


Clause 47(1)

The tenant agrees that only the persons nominated in Part 3 (Additional Special Terms) or as specified on the Application for Tenancy, and their children up to the maximum number of persons authorised under this agreement, are to reside on the premises. Approval must be sought from the Lessor/Agent for any other person to reside on the premises during the tenancy.


Clause 48(c)

Repair all and any damage to the premises including damage (if any) caused by pets.


Clause 49(1)

If at the end of the tenancy or at any other time during or prior to the end of the tenancy the tenant is in breach of the obligations under this tenancy agreement giving rise to a claim for compensation by the lessor the lessor may rectify such breach and claim the cost of such rectification from the rental bond or the lessee, subject to the provisions of the Act.


Clause 55

The Tenant will permit the Lessor/Lessor’s Agent, on entering the Premises in accordance with Clause 20 (routine inspections) of the Standard Terms, to photographically record the condition of the Premises.  Such photos will be used solely for the purposes of identifying any damage or defects that become apparent during the inspection and may be distributed to people involved in rectification including the Landlord of the rental Premises.  Such photos 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 Lessor/Lessor’s Agent require photos of the Premise for any purpose other than as outlined above the Lessor/Lessor’s Agent must obtain the Tenant’s written authorisation. which will not be unreasonably refused.