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the right to access such personal information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.

Tenant's Name

Bond Amount

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__

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.

(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: ..................................................................................................................................

(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.

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.

(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.

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.

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: …………………

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.

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.

(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.

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.

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.

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.