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BLACK = Old Item/Clause | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted
31 Mar 2011 v3.3
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Clause 57
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The parties agree and confirm this Agreement documents may be forwarded electronically to a person if that person has provided an email address or facsimile number, for delivery or service of documents, in the Item Schedule to this Agreement.
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08 Mar 2011 v3.2
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TENANT(S)
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Name/s:
Address for service of notices:
..
Phone:
.. Fax:
Mobile:
.....
..
Email:
.
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TENANT'S AGENT DETAILS
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Name/s:
ABN:
.
Address:
.
...
...
...............
Phone:
.. Fax:
Mobile:
.....
.
..
Email:
Licence No.:
Licence Expiry:
/
/
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RENT
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The rent is $ .......
. per
.....
...
. payable in advance starting on
./
../
Rent Increase: Then from
/
./
. Pay $
per
The tenant must pay the rent in advance on the ............... of every ............................(see Clause 4.2)
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URGENT REPAIRS
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Nominated tradespeople for urgent repairs:
Electrical Repairs:
..
Telephone:
...
Plumbing Repairs:
..
Telephone:
...
Building Repairs:
..
..
Telephone:
...
Other Repairs:
..
......
Telephone:
...
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Clause 58(4)
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The tenant has the right to access request the landlords agent provide details of such personal information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information. provided or obtained and also do all things reasonably necessary to amend or remove any inaccurate or out of date information.
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09 Feb 2011 v3.1
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FORM HEADER
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Standard Form Residential Tenancy Agreement
Residential Tenancies Regulation 2010, Schedule 1, Clause 4(1)
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LANDLORD
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Name/s:
Address:
...
Phone:
.. Fax:
Mobile:
.....
..
Email:
.
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TENANT(S)
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Name/s:
Address:
...
Phone:
.. Fax:
Mobile:
.....
..
Email:
.
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MAX. NO. OF OCCUPANTS
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No more than
.. persons may ordinarily live in the Premises at any one time.
Other people who will ordinarily live at the premises may be listed here (cross out if not needed):
.
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04 Feb 2011 v3.0
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RENT
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Rent Increase: Then from
/
./
. Pay $
per
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CONDITION REPORT
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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.
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Clause 46.6
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keep the premises free of rodents, cockroaches and other vermin and to notify the landlord promptly of any vermin or pest infestation which, should the presence of such vermin or infestation have arisen due to act or neglect on the part of the tenant, shall be the tenants responsibility to remedy.
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Clause 48
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On termination the tenant agrees:
(i)
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to deliver vacant possession in accordance with the termination
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(ii)
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to deliver up all keys and security devices
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(iii)
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to advise as soon as possible of the tenants contact address
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Clause 49
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The termination of this agreement by notice or otherwise shall not affect in anyway either parties right to compensation for breach of the terms of this agreement.
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Clause 51
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On termination the tenant agrees to leave the telephone equipment and service in the same condition it was in at the start of the tenancy, and ensure (if required) the connection is transferred or terminated as the landlord may direct.
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Clause 52
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The tenant must satisfy itself as to the provisions of any electronic communication services to the premises (internet, television analogue, digital or cable). The landlord gives no warranty in respect to the provisions or adequacy of such services to the premises.
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Clause 53
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The tenant will at all times comply with all statutes, orders, regulations, by-laws (including by-laws referred to in Clause 35 if applicable) and management statements relating to the premises or the tenants occupation of the Premises.
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Clause 55
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The tenant agrees, not by act or omission to, do anything which would cause any increase in the premium of any insurance the landlord may have over the premises (or their contents) or cause such insurance policy to be invalidated.
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Clause 56
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In the case of a fixed term agreement the tenant agrees, if a rent increase is stated in the rent increase section on the first page of this agreement:
(i)
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subject to Standard Term 5, the rental may be increased before the term ends and such increase shall be as set out in the rent increase section on the first page of this agreement.
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(ii)
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where the agreement is for a period of more than 2 years the rent payable must not be increased more than once in any period of 12 months but may be increased subject to Standard Term 5 whether or not the Agreement sets out the amount or method of calculating the increase.
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31 Jan 2011 v2.9
Changes as per Residential Tenancies Act 2010
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10 Sept 2010 v2.8
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Clause 30.1
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not to do anything to do nothing that involves painting, marking or defacing the premises internally or externally or using nails, screws or adhesives without the prior written consent of the landlord.
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Clause 30.6
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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.
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Clause 30.12
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Not to alter or remove any fixture or inclusion of the premises or add any lock or security device without the lessors agreement, and in such case to provide the lessor with a copy of the key or access codes.
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Clause 31
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The tenant agrees to:
31.1
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not by act or omission to do anything which would cause any increase in the premium of any insurance the landlord may have over the premises (or their contents) or cause such insurance policy to be invalidated.
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31.2
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pay The landlord will be entitled to claim any excess or premium increase or charged by the landlords insurance company as a result of the acts or omissions of the tenant or persons on the premises with the consent of the tenant.
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31.3
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the Landlord is not be responsible for insuring the tenants own property.
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Clause 36
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On termination the tenant agrees to leave the telephone equipment and service in the same condition it was in at the start of the tenancy, and to pay for this or compensate the landlord with respect to any costs in relation thereto for such action and ensure (if required) the connection is transferred or terminated as the landlord may direct.
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Clause 39
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The parties agree and confirm documents may be forwarded electronically to a person if that person has provided an email address or facsimile number, for delivery or service of documents, in the Item Schedule to this Agreement.
By signing this Agreement all parties acknowledge agree to having given prior approval, in accordance with the Electronic Transactions Act 2000 No.8, for electronic transmission of this Agreement and any other related documents agreements, for signing purposes or otherwise, by as far as such means of communication as have been indicated in this document (ie. Facsimile numbers & email addresses).
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Clause 40
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(1)
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The Landlords 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.
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(2)
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You as the tenant agree the landlords agent may subject to the Privacy Act 1988 (CTH) (where applicable), collect from & use and disclose personal information to:
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(1)
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the landlord of the premises to which this Tenancy Agreement applies; &/or
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(2)
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credit reporting &/or tenancy databases for the purpose of maintaining or creating an information file about you; &/or
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(3)
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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
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(4)
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tradespeople and similar contractors engaged by the landlord/ landlords agent in order to facilitate the carrying out of works with respect to the premises; &/or
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(5)
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the landlords insurance companies; authorised real estate personnel; courts and tribunals and other third parties as may be required by the landlord/ landlords Agent relating to the administration of the Premises and use of the landlords Agents services; &/or
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(6)
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Owners Corporations
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(3)
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Without provision of certain information the landlords agent may not be able to act effectively or at all in the administration of this Agreement.
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(4)
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The tenant has the right to request the landlords agent provide details of such information and also correct any inaccurate or out of date information.
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Schedule 1
Clause 10
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Drying of laundry items Hanging out of washing
(1)
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An owner or occupier of a lot may hang any washing on any lines provided by the owners corporation for that purpose. Such washing may only be hung for a reasonable period.
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(2)
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An owner or occupier of a lot may hang washing on any part of the lot provided that the washing will not be visible from street level outside the parcel.
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(3)
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An owner or occupier of a lot may hang washing on any part of the lot that will be visible from street level outside the parcel only if the owner or occupier has the prior written approval of the owners corporation.
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(4)
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In this clause:
washing includes any clothing, towel, bedding or other article of a similar type.
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An owner or occupier of a lot must not, except with the prior written approval of the owners corporation, hang any washing, towel, bedding, clothing or other article on any part of the parcel in such a way as to be visible from outside the building other than on any lines provided by the owners corporation for the purpose and there only for a reasonable period.
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Schedule 1
Clause 11
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The owner or occupier of a lot must not do any thing or permit any invitees of the owner or occupier to do any thing on the lot or common property that is likely to affect the operation of fire safety devices in the parcel or to reduce the level of fire safety in the lots or common property.
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Schedule 1
Clause 12
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An owner or occupier of a lot must keep clean all exterior surfaces of glass in windows and doors on the boundary of the lot, including so much as is common property, unless:
(a)
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the owners corporation resolves that it will keep the glass or specified part of the glass clean, or
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(b)
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that glass or part of the glass cannot be accessed by the owner or occupier of the lot safely or at all.
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(1)
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Except in the circumstances referred to in clause (2), an owner or occupier of a lot is responsible for cleaning all interior and exterior surfaces of glass in windows and doors on the boundary of the lot, including so much as is common property.
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(2)
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The owners corporation is responsible for cleaning regularly all exterior surfaces of glass in windows and doors that cannot be accessed by the owner or occupier of the lot safely or at all.
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Schedule 1
Clause 13
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(1)
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An owner or occupier of a lot must not transport any furniture or large object through or on common property within the building unless sufficient notice has first been given to the executive committee so as to enable the executive committee to arrange for its nominee to be present at the time when the owner or occupier does so.
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(2)
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An owners corporation may resolve that furniture or large objects are to be transported through or on the common property (whether in the building or not) in a specified manner.
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(3)
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If the owners corporation has specified, by resolution, the manner in which furniture or large objects are to be transported, an owner or occupier of a lot must not transport any furniture or large object through or on common property except in accordance with that resolution.
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Schedule 1
Clause 14
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(1)
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An owner or occupier of a lot must notify the owners corporation at least 21 days before changing any of the floor coverings or surfaces of the lot if the change is likely to result in an increase in noise transmitted from that lot to any other lot. The notice must specify the type of the proposed floor covering or surface.
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(2)
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This by-law does not affect any requirement under any law to obtain a consent to, approval for or any other authorisation for the changing of the floor covering or surface concerned.
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Schedule 1
Clause 16
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(3)
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An owner or occupier of a lot must:
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(a)
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comply with the local councils requirements for the storage, handling and collection of garbage, waste and recyclable material, and
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(b)
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notify the local council of any loss of, or damage to, receptacles provided by the local council for garbage, recyclable material or waste.
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(4)
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The owners corporation may post signs on the common property with instructions on the handling of garbage, waste and recyclable material that are consistent with the local councils requirements.
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Schedule 1
Clause 17
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Note. Select option A, B or C. If no option is selected, option A will apply.
Option A
(1)
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Subject to section 49 (4) of the act, an owner or occupier of a lot must not, without the prior written approval of the owners corporation, keep any animal (except fish kept in a secure aquarium on the lot) on the lot or the common property.
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(2)
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The owners corporation must not unreasonably withhold its approval of the keeping of an animal on a lot or the common property.
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Option B
(1)
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Subject to section 49 (4) of the Act, an owner or occupier of a lot must not, without the prior written approval of the owners corporation, keep any animal (except a cat, a small dog or a small caged bird, or fish kept in a secure aquarium on the lot) on the lot or the common property.
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(2)
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The owners corporation must not unreasonably withhold its approval of the keeping of an animal on a lot or the common property.
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(3)
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If an owner or occupier of a lot keeps a cat, small dog or small caged bird on the lot then the owner or occupier must:
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(a)
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notify the owners corporation that the animal is being kept on the lot, and
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(b)
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keep the animal within the lot, and
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(c)
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carry the animal when it is on the common property, and
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(d)
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take such action as may be necessary to clean all areas of the lot or the common property that are soiled by the animal.
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Option C
Subject to section 49 (4) of the Act, an owner or occupier of a residential lot must not keep any animal on the lot or the common property.
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Schedule 1
Clause 18(2)
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This by-law does not apply to the hanging of any washing, towel, bedding, clothing or other article of a similar type in accordance with by-law 10.as referred to in by-law 10.
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Schedule 1
Clause 21
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(1)
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The owner or occupier of a lot must ensure that the lot is not used for any purpose that is prohibited by law.
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(2)
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The owner or occupier of a lot must ensure that the lot is not occupied by more persons than are allowed by law to occupy the lot.
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Schedule 1
Clause 22
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A document may be served on the owner of a lot by electronic means if the person has given the owners corporation an e-mail address for the service of notices and the document is sent to that address.
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27 Jul 2009 v2.6
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Item 2
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(License Number)
. (License Expiry)
../.
./
...
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Item 5
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The rent is $.......... payable every .............................. starting on ..... /...../......
Then from
/
./
. pay $............... every
...
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Item 5
Schedule 2
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(Signature of landlord or landlords agent on behalf of the landlord)
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23 Jan 2009 v2.5
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Clause 25
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The landlord agrees to give to the tenant within 7 days of entering into this agreement a copy of the by-laws applying to the residential premises if they are premises under the Strata Schemes Management Act 1996, the Strata Schemes (Leasehold Development) Act 1986, the Community Land Development Act 1989 or the Community Land Management Act 1989.
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20 Sept 2007 v2.1
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Clause 30
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The landlord shall ensure the premises are maintained at all times and prior to commencement of the tenancy are treated as necessary by a licensed pest controller.
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14 Aug 2007 v2.0
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Clause 30
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The landlord shall ensure the premises are maintained at all times and prior to commencement of the tenancy are treated as necessary by a licensed pest controller.
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Clause 31.11
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to keep the premises free of rodents, termites, cockroaches and other vermin and to notify the Landlord promptly of any vermin or pest infestation which, should the presence of such vermin or infestation have arisen due to act or neglect on the part of the tenant, shall be the tenants responsibility to remedy.
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01 Sept 2006 v1.8
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Header
Page 1
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2.
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The landlord or the landlords agent must give the tenant a copy of the The Renting Guide: Your basic rights and responsibilities as a tenant. A guide for landlords and tenants. That book explains both parties rights and obligations under this agreement.
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Clause 16
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The landlord agrees to pay the tenant, within 14 days after receiving written notice from the tenant, any reasonable costs (not exceeding $1000) the tenant has incurred for making urgent repairs (of the type set out below) so long as:
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Clause 25
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The landlord agrees to give to the tenant within 7 days of entering into this agreement a copy of the by-laws applying to the residential premises if they are premises under the Strata Schemes Management Act 1996 Strata Titles Act 1973, the Strata Schemes Titles (Leasehold) Act 1986, the Community Land Development Act 1989 or the Community Land Management Act 1989.
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Item 5
Schedule 2
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The tenant acknowledges that, at or before the time of signing this residential tenancy agreement, the tenant was given a copy of The Renting Guide: Your basic rights and responsibilities as a tenant. A guide for landlords and tenants.
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01 May 2006 v1.7
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Clause 9.7A
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to install a smoke alarm or replace a battery in a smoke alarm in the residential premises, if the tenant gets 2 days notice on each occasion, or
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Smoke Alarms
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19A.
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The landlord agrees:
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19A.1
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to install any smoke alarms that are required by law to be installed on the residential premises, and
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19A.2
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not to remove or interfere with the operation of any such smoke alarm except with reasonable excuse, and
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19A.3
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if any such smoke alarm has a replaceable battery (other than a back up battery), to ensure that a new battery is installed in the smoke alarm at the beginning of the term of this agreement and, if the battery needs to be replaced at any time, and the tenant is physically unable to change the battery, to replace the battery with a new battery as soon as reasonably practicable after being notified that the battery needs to be replaced.
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19B.
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The tenant agrees:
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19B.1
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not to remove or interfere with the operation of any smoke alarm installed on the residential premises except with reasonable excuse, and
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19B.2
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if any such smoke alarm has a replaceable battery (other than a back up battery), to ensure that the battery is replaced whenever necessary or, if the tenant is physically unable to change the battery, to notify the landlord as soon as reasonably practicable after becoming aware that the battery needs to be replaced, and
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19B.3
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to notify the landlord if any smoke alarm installed on the residential premises is not functioning properly.
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20 Jan 2006 v1.6
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Clause 40
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By signing this Agreement all parties agree to having given prior approval, in accordance with the Electronic Transactions Act 2000 No. 8, for electronic transmission of this Agreement and any other related agreements, for signing purposes or otherwise, as far as such means of communication have been indicated in this document (ie. Facsimile numbers & email addresses).
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11 Nov 2005 v1.5
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All references to Residential Tenancies Tribunal changed to Consumer, Trader and Tenancy Tribunal, due to changes in legislation.
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04 Nov 2005 v1.4
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Item 2
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(Landlord) ..........................................................................
(Address) .............................. (A.C.N.) ...............................
.............................. (A.B.N.) ...............................
(Agent) ...........................................................................
(Address) .............................. (A.C.N.) ...............................
.............................. (A.B.N.) ...............................
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06 May 2005 v1.3
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Item 5
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Then $............... payable every
starting on
./
../
..
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07 Dec 2004 v1.2
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Item 5 Sched 3
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Add signature area for additional tenants
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