Residential Tenancies Amendment Regulations 2013 (WA)
WESTERN
AUSTRALIAN
GOVERNMENT
ISSN 1448-949X PRINT POST APPROVED PP665002/00041
Residential Tenancies Act 1987
Residential Tenancies Amendment
Regulations 2013
Made by the Governor in Executive Council.
1. Citation
These regulations are the Residential Tenancies Amendment
Regulations 2013.
2. Commencement
These regulations come into operation as follows —
(a)
regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)
the rest of the regulations — when the Residential Tenancies Amendment Act 2011 section 22 comes into operation.
3. Regulations amended
These regulations amend the Residential Tenancies
Regulations 1989.
4. Part 1 heading inserted
Before regulation 1 insert:
Part 1 — Preliminary
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5. Regulation 2A deleted and regulation 3A inserted
Delete regulation 2A and insert:
3A. Terms used In these regulations — Housing Authority has the meaning given in
section 71A of the Act;housing management agreement means an agreement
entered into under —(a) the Housing Act 1980 section 62B(1); or (b) the Housing Regulations 1980
regulation 6D(1).
6. Part 2 heading inserted
Before regulation 3 insert:
Part 2 — Application of Act — exemptions and
modifications
7. Regulations 5AA to 5AD inserted
After regulation 5 insert:
5AA. Modified application of section 22(2) of the Act Under section 6(a) of the Act it is provided that
section 22(2) of the Act shall apply to a residential
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tenancy agreement the subject of proceedings as if it
were modified by inserting after paragraph (a):
(ba) a person who is — (i) an employee of, or acting on behalf of, the property manager of the premises the subject of the proceedings; and
(ii) registered as a sales representative under the Real Estate and Business Agents Act 1978;
or
5AB. Exemptions from section 27A of the Act —
residential agreements not required to be in
prescribed formUnder section 6(a) of the Act it is provided that
section 27A of the Act shall not apply to the
following —
(a) a residential tenancy agreement in relation to premises to which a housing management agreement applies; (b) a residential tenancy agreement if — (i) the Housing Authority is a party to the agreement; and
(ii) the agreement provides that, or is deemed to contain a provision to the effect that, the tenant may sub-let the premises; and
(iii) the agreement is entered into by the Housing Authority on the basis that the premises will be sub-let.
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5AC. Exemption from section 27B of the Act if residential
tenancy agreement extended or renewedUnder section 6(a) of the Act it is provided that
section 27B of the Act shall not apply to a residential
tenancy agreement if —
(a) the agreement is renewed or extended; and (b)
there has been no change in the parties to the agreement.
5AD. Modified application of section 27C(4) of the Act for
the Housing Authority
(1) In this regulation — person of Aboriginal descent has the meaning given in
the Aboriginal Affairs Planning Authority Act 1972
section 4.(2) This regulation applies if the Housing Authority is the
lessor of residential premises (the premises) that are
located more than 100 km from the nearest office of the
Housing Authority.(3) Under section 6(b) of the Act it is provided that
section 27C of the Act shall apply to the premises and,
under section 6(c) of the Act, to the Housing Authority,
as if it were modified as follows —
(a) in subsection (4) delete “14 days,” and insert: 28 days,
(b) after subsection (4) insert:
(5A) The Housing Authority is not required
to comply with subsection (4) within
28 days after the termination of a
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tenancy if, in that period, it is unable to
inspect the residential premisesbecause —
(a) of weather conditions or road closure; or (b) which a housing management
agreement applies, and a person
of Aboriginal descent in
relation to the community that
lives on the land on which the
premises are located has refusedthe premises are premises to the land.
8. Regulation 5A amended
(1) Before regulation 5A(1) insert: (1A) In this regulation — commencement day means the day on which the
Residential Tenancies Amendment Act 2011
section 25(4) comes into operation.(1B) Under section 6(a) of the Act it is provided that
section 29(4)(b) of the Act shall not apply to a
residential tenancy agreement if —
(a) the Housing Authority is the lessor; and (b)
the agreement was entered into before the commencement day.
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(2) In regulation 5A(1) delete “sections 29(4)(b) and 33” and insert: section 33 (3) Delete regulation 5A(2) and insert:
(2) If a residential tenancy agreement is entered into by the
Housing Authority and a condition of the tenancy is
that the tenant will pay a bond by instalments, under
section 6(a) of the Act it is provided that
section 29(4)(a) of the Act shall not apply to the
residential tenancy agreement and, under section 6(c)
of the Act, shall not apply to the Housing Authority.9. Regulation 5B amended
(1) Delete regulation 5B(1) and insert:
(1) In this regulation — Government employee has the meaning given in the
Government Employees’ Housing Act 1964 section 5.
(2A) Under section 6(a) of the Act it is provided that
section 30(1) of the Act shall not apply to the
following —
(a) a residential tenancy agreement if — (i) the lessor is an employer specified in the Table to this subregulation; and
(ii) an employee of an employer specified in tenant under that agreement;
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(b) a residential tenancy agreement if —
(i) Department (as defined in the
the lessor is the Housing Authority or a Act 1964 section 5); and
(ii) the premises are let to a Government Employees’ Housing Act 1964.
Table
The Electricity Generation Corporation
The Electricity Networks Corporation
The Electricity Retail Corporation
The Public Transport Authority of Western
Australia
The Regional Power Corporation
(2) In regulation 5B(3) in the Table delete “The Agriculture Protection Board of Western Australia”. (3) In regulation 5B(4)(a) delete “owner” and insert: lessor
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10. Regulation 5CA inserted
After regulation 5B insert:
5CA. Modified application of section 30(2)(a) of the Act
(1) This regulation applies to a residential tenancy
agreement that —
(a) creates a tenancy for a fixed term; and (b)
was entered into before the day on which the Residential Tenancies Amendment Act 2011 section 27(2) comes into operation.
(2) Under section 6(a) of the Act it is provided that
section 30(2)(a) of the Act shall apply to a residential
tenancy agreement as if it were modified by deleting
“the amount of the increase, or the method of
calculating the amount of the increase, is set out in the
agreement; and” and inserting:the agreement provides that the rent may increase or
be increased; and
11. Regulation 5C replaced
Delete regulation 5C and insert:
5C. Exemption from section 33 of the Act for
employment-linked residential tenancy agreementsUnder section 6(a) of the Act it is provided that
section 33 of the Act shall not apply to a residential
tenancy agreement under which —
(a)
an employer grants to an employee a right to occupy premises; and
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(b) employment with that employer is a condition of the employee having that right; and (c) the employee receives a pay slip or salary advice detailing the rent component deducted from the salary or wage; and (d) the method of payment of rent under the agreement is by direct deduction of the employee’s salary or wage by the employer. 12. Regulation 5E deleted and regulations 6 to 7G inserted
Delete regulation 5E and insert:
6. Modified application of section 43(3) of the Act when Housing Authority is lessor of premises outside metropolitan region
(1) This regulation applies to a residential tenancy
agreement —
(a)
under which the Housing Authority is the lessor; and
(b)
as practicable after that notification, or fails to keep
the tenant regularly informed of the efforts being
made to do so —for premises outside the metropolitan region (as Act 2005 section 4(1)).
(2) Under section 6(a) of the Act it is provided that
section 43(3) of the Act shall apply to a residential
tenancy agreement as if it were modified by deleting
“as practicable after that notification —” and inserting:
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7A. Modified application of section 45 of the Act
(1) In this regulation — Register of Heritage Places has the meaning given in
the Heritage of Western Australia Act 1990 section 46;rural land means land zoned for agricultural or rural
use under a local planning scheme made under the
Planning and Development Act 2005.(2)
Under section 6(a) of the Act it is provided that section 45 of the Act shall apply to a residential tenancy agreement as if it were modified by deleting
“It is a term” and inserting:
(a)
if the lessor is the Housing Authority — “On and after the day that is 4 years after the day on which the Residential Tenancies Amendment Act 2011 section 41 comes into operation, it is a term”; and
(b)
in any other case — “On and after the day that is 2 years after the day on which the Residential Tenancies Amendment Act 2011 section 41 comes into operation, it is a term”.
(3) Subregulation (4) applies if a residential tenancy
agreement is for residential premises that —
(a)
are the subject of an entry in the Register of Heritage Places; or
(b) comprise rural land; or
(c)
are premises to which a housing management agreement applies.
(4) Under section 6(a) of the Act it is provided that
section 45(a) of the Act shall apply to the residential
tenancy agreement as if it were modified by deleting
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“secure as are prescribed in the regulations; and” and
inserting:
secure; and
7B. Modified application of section 47(1)(b) of the Act
for the Housing AuthorityUnder section 6(a) of the Act it is provided that
section 47(1)(b) of the Act shall apply to a residential
tenancy agreement under which the lessor is the
Housing Authority as if it were modified by deleting
“consent.” and inserting:written consent. 7C. Modified application of section 60(b) of the Act
(1) This regulation applies to a residential tenancy
agreement that creates a tenancy for a fixed term
expiring on or before the day that is 30 days after the
day on which the Residential Tenancies Amendment
Act 2011 section 59(1) comes into operation.(2)
Under section 6(a) of the Act it is provided that section 60 of the Act shall apply to a residential tenancy agreement as if it were modified by deleting
paragraph (b) and inserting:
(b) in the case of a tenancy for a fixed term, where the term expires and — (i) the tenant delivers up vacant possession of the premises on or after the expiration of the term; or
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(ii) a competent court, upon application by under section 72;
7D. Exemption from section 70A of the Act Under section 6(a) of the Act it is provided that
section 70A of the Act shall not apply to a residential
tenancy agreement that creates a tenancy for a fixed
term expiring on or before the day that is 30 days after
the day on which the Residential Tenancies
Amendment Act 2011 section 68 comes into operation.7E. Modified application of section 72 of the Act
(1) This regulation applies to a residential tenancy
agreement that creates a tenancy for a fixed term
expiring on or before the day that is 30 days after the
day on which the Residential Tenancies Amendment
Act 2011 section 71(1) comes into operation.(2)
Under section 6(a) of the Act it is provided that section 72 of the Act shall apply to a residential tenancy agreement as if it were modified by deleting
subsections (1A) and (1) and inserting:
(1)
If an agreement creates a tenancy for a fixed term and the tenant fails to deliver up possession of the premises on or after the expiration of the term,
the lessor may, within 30 days after the expiration
of the term, apply to a competent court for an
order terminating the agreement and an order for
possession of the premises.
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7F. Exemption from section 82 of the Act Under section 6(a) of the Act it is provided that
section 82 of the Act shall not apply to a residential
tenancy agreement if —
(a)
the Housing Authority is a party to the agreement; and
(b)
the agreement provides that, or is deemed to contain a provision to the effect that, the tenant may sub-let the premises; and
(c)
the agreement is entered into by the Housing Authority on the basis that the premises will be sub-let.
7G. Modified application of section 93 of the Act for the
Housing AuthorityUnder section 6(c) of the Act it is provided that
section 93(1)(b) of the Act shall apply to the Housing
Authority as if it were modified by deleting
“18 months” and inserting:7 years 13. Part 3 heading inserted
Before regulation 7 insert:
Part 3 — Other matters
14. Regulation 7 amended
In regulation 7(1):
(a) before paragraph (a) insert:
(aa) an application under section 59D(4) of the Act;
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(b) after paragraph (a) insert:
(ba) an application under section 76B(1) of the Act; (c) after paragraph (b) insert:
(ca) an application under section 78A(1) of the Act; (cb) an application under section 78B(1) of the Act; (d) after paragraph (d) insert:
(ea) an application under section 80A(8) of the Act;
15. Regulations 10AA to 10AD inserted
After regulation 10 insert:
10AA. Form of written residential tenancy agreement for
section 27A of the ActFor the purposes of section 27A of the Act, the form
prescribed for a written residential tenancy agreement
is —
(a)
if the agreement is not a social housing tenancy agreement — Schedule 4 Form 1AA; and
(b)
if the agreement is a social housing tenancy agreement — Schedule 4 Form 1AB.
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10AB. Information to be given to tenant for section 27B of
the ActFor the purposes of section 27B of the Act —
(a)
in the case of a written residential tenancy agreement — the information set out in Schedule 4 Form 1AC is prescribed; and
(b)
in any other case — the information set out in Schedule 4 Form 1AD is prescribed.
10AC. Information to be included in property condition
report for section 27C(6) of the ActFor the purposes of section 27C(6) of the Act, the
information set out in Schedule 4 Form 1 is prescribed
as the information that is to be included in a property
condition report.10AD. Amount prescribed for section 27(2)(a) of the Act For the purposes of section 27(2)(a) of the Act, an amount set out in column 2 of the Table opposite a description of a residential tenancy agreement, is the
amount prescribed in respect of such an agreement. Table
Where the weekly rent under the residential
tenancy agreement is $500 or less $50 Where the weekly rent under the residential tenancy agreement exceeds $500 $100 Where the residential tenancy agreement is for residential premises south of the 26th parallel of south latitude and the weekly rent is $1 200 or more $1 200
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16. Regulation 11 amended
In regulation 11 delete “section 29(2)(a)” and insert:
section 29(2)
Note: The heading to amended regulation 11 is to read:
Amount prescribed for section 29(2) of the Act
17. Regulation 11A deleted and regulations 12A to 12C inserted
Delete regulation 11A and insert:
12A. Essential services prescribed for section 43(1) of
the ActFor the purposes of the definition of urgent repairs in section 43(1) of the Act, each of the following services is prescribed as an essential service —
(a) electricity;
(b) gas;
(c)
a functioning refrigerator, but only if it is provided with the premises;
(d)
sewerage, septic tank or other waste water management treatment;
(e) water, including the supply of hot water.
12B. Means to secure residential premises prescribed for
section 45(a) of the Act
(1) In this regulation — AS 5039-2008 means Australian Standard
AS 5039-2008 (Security screen doors and security
window grilles), or any subsequent version of, or
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amendments to, that standard, published by Standards
Australia;
deadlock has the meaning given in Australian Standard
AS 4145.1-2008 (Locks and hardware for doors and
windows — Glossary of terms and rating systems), or
any subsequent version of, or amendments to, thatstandard, published by Standards Australia.
(2) The things set out in this regulation are prescribed for
the purposes of section 45(a) of the Act as means to
ensure that residential premises are reasonably secure.(3) Each external door to residential premises must be
fitted with —
(a) if it is the main entry door to the premises — (i) a deadlock; or
(ii) a key lockable security screen door that complies with AS 5039-2008;
(b) if it is not the main entry door to the premises — (i) a dead lock or, if a dead lock cannot be fitted, a patio bolt lock; or
(ii) a key lockable security screen door that complies with AS 5039-2008.
(4) Subregulation (3) does not apply to a door to a balcony
if there is no access to the balcony except from inside
the residential premises.(5) Each exterior window of residential premises must be
fitted with a lock, whether or not a key lock, that
prevents the window from being opened from outside
the premises unless the window —
(a)
is on, or above, the second floor of a building and is not easily accessible from outside the premises; or
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(b)
is fitted with a security window grille that complies with AS 5039-2008.
(6) Residential premises must have an electrical light fitted
to or near the exterior of the premises that —
(a)
is capable of illuminating the main entry to the premises; and
(b) is operable from inside the premises.
(7) Subregulation (6) does not apply to residential
premises to which the provisions of the Strata Titles
Act 1985 apply if the strata company relating to the
premises provides and maintains adequate lighting,
outside of daylight hours, to the main entry to the
premises.
12C. Social housing tenancy agreement for the purposes
of section 71A of the ActFor the purposes of the definition of social housing
tenancy agreement in section 71A of the Act, each of
the following residential tenancy agreements is
prescribed as an agreement that is not a social housing
tenancy agreement —
(a) a residential tenancy agreement for premises to which a housing management agreement applies; (b) a residential tenancy agreement if — (i) the lessor is the Housing Authority; and
(ii) the premises are let under the Act 1964;
(c) a residential tenancy agreement if — (i) the lessor is the Housing Authority; and
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(ii) before the agreement is entered into, the Housing Authority determines, as the result of an assessment carried out under section 71D of the Act, that the tenant is not eligible to reside in social housing premises or to reside in the class of social housing premises to which the agreement relates.
18. Regulation 12 amended
In regulation 12:
(a) delete “an owner” and insert: a lessor
(b) in paragraph (a) delete “the owner;” and insert: the lessor;
(c) in paragraph (d) delete “the owner” and insert: the lessor
Note: The heading to amended regulation 12 is to read: Information prescribed for section 79(10) of the Act
19. Regulation 13 inserted
After regulation 12 insert:
13. Infringement notices
(1) For the purposes of section 88A(2) of the Act, an
offence specified in Schedule 5 is a prescribed offence.
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(2) The modified penalty specified opposite an offence in
Schedule 5 is the modified penalty for that offence.
20. Regulation 14 replaced
Delete regulation 14 and insert:
14. Matters prescribed for section 94 of the Act
(1) In this regulation — relevant bank accepted bills rate means the 30 day
bank accepted bills rate as published in Table F.1 of the
“Reserve Bank of Australia Bulletin” for the month
that is 2 months before the month in respect of which
the interest is to be paid.For example: the relevant bank accepted bills rate for May is the 30 day bank accepted bills rate for March.
(2) For the purposes of section 94(2)(a) of the Act, the
interest rate is 70% of the relevant bank accepted bills
rate calculated on a daily basis.(3) For the purposes of section 94(2)(b) of the Act —
(a) interest is to be paid within 5 working days after the end of each month; and (b) the day on which a security bond or part of a security bond is paid to the tenant or the lessor is prescribed as the time for payment, to the person who paid the bond, of the amount representing interest above the prescribed rate.
21. Regulation 16 deleted
Delete regulation 16.
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22. Regulations 19 and 20 deleted
Delete regulations 19 and 20.
23. Schedule 2 deleted
Delete Schedule 2.
24. Schedule 4 heading replaced
Delete the heading to Schedule 4 and the reference after it and
insert:
Schedule 4 — Forms
[r. 10AA, 10AB, 10AC and 18]
25. Schedule 4 Form 1 replaced
Delete Schedule 4 Form 1 and insert:
FORM 1AA
RESIDENTIAL TENANCIES ACT 1987
Section 27A
RESIDENTIAL TENANCY AGREEMENT
PART A
This agreement is made between:
Lessor [insert name of lessor(s) and contact details] and
Tenant [insert name of tenant(s) and contact details]
Lessor’s property manager
[insert name of lessor’s property manager (if any) and contact details]
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TERM OF AGREEMENT
* This residential tenancy agreement is periodic starting on [insert
date].* This residential tenancy agreement is fixed starting on [insert
date] and ending on [insert date].(* delete as appropriate)
Note: The start date for the agreement should not be a date prior to the date on which the tenant is entitled to enter into occupation of the premises.
RESIDENTIAL PREMISES
The residential premises are [insert address] and include/exclude*
(* delete as appropriate): ...................................................................
[include any additional matters, such as a parking space or furniture
provided, or any exclusions, such as sheds]
MAXIMUM NUMBER OF OCCUPANTS
No more than [insert number] persons may ordinarily live at the premises at any one time.
RENT
The rent is $[insert amount] per week/calculated by reference to tenants income [insert calculation] payable weekly/fortnightly* in advance starting on [insert date].
(* delete as appropriate)
The method by which the rent must be paid is:
(a) by cash or cheque; or
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(b)
into the following account or any other account nominated by the lessor:
BSB number:
account number:
account name:
payment reference:
or(c) as follows: ....................................................................................
SECURITY BOND
A security bond of $[insert amount] and a pet bond of $[insert amount] must be paid by the tenant on signing this agreement.
Note: Unless the rent for the premises exceeds $1 200 per week, the security bond must not exceed the sum of 4 weeks rent plus a pet bond not exceeding $260 (if a pet is permitted to be kept at the premises). The pet bond is to be used to meet costs of fumigation of the premises.
RENT INCREASE
In the case of a periodic tenancy (see “TERM OF AGREEMENT”) any rent increase will be no sooner than 6 months after the commencement of this tenancy agreement and the date of the last increase. The lessor must give at least 60 days notice of the increase.
Note: If rent is calculated by reference to income, the requirement to provide a notice of rent increase only applies if the method of calculating the rent is changed.
In the case of a fixed term tenancy (see “TERM OF AGREEMENT”) the rent increase will be [insert maximum increase or method of calculating increase, e.g. CPI or percentage] and take effect no sooner than 6 months after the commencement of this tenancy agreement and the date of the last increase. The lessor must give at least 60 days notice of the increase.
Note: For fixed term lease agreements exceeding 12 months, refer to
Part C for details of subsequent rent increases.
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WATER SERVICES
Is scheme water connected to the premises? Yes /No
Note: If the property is not connected to scheme water, the tenant may have to purchase water at his or her own expense.
WATER USAGE COSTS (SCHEME WATER)
The tenant is required to pay [insert number]% of water consumption costs.
PERMISSION TO CONTACT THE WATER SERVICES
PROVIDERDoes the tenant have the lessor’s permission to contact the water services provider for the premises to access accounts for water consumption at the premises and to communicate with the water services provider in relation to concessions available to the tenant or supply faults at the premises? Yes /No
ELECTRICITY, GAS AND OTHER UTILITIES
Indicate for the utilities below whether or not the premises are separately metered:
Electricity: Yes /No Gas: Yes /No Water: Yes /No Other (please specify): ............................................................
Where the premises are separately metered to measure consumption of a specific utility, the tenant must pay for the connection and consumption costs as per the relevant account for the premises.
Where the premises are not separately metered to measure the consumption of a specific utility, the tenant must pay the consumption costs for that utility which will be calculated as follows:
Electricity: [insert method of calculation] Gas: [insert method of calculation]
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Water: [insert method of calculation] Other (please specify): [insert method of calculation] STRATA BY-LAWS
Strata by-laws ARE/ARE NOT* (* delete as appropriate) applicable
to the residential premises. A copy of the by-laws are attached:Yes /No
PETS
The pets listed below may be kept at the premises: ..............................
RIGHT OF TENANT TO ASSIGN OR SUB-LET
* The tenant may assign the tenant’s interest under this agreement
or sub-let the premises.* The tenant may not assign the tenant’s interest under this
agreement or sub-let the premises.* The tenant may assign the tenant’s interest under this agreement
or sub-let the premises only with the written consent of the lessor.(* delete as appropriate)
RIGHT OF TENANT TO AFFIX AND REMOVE FIXTURES
* The tenant must not affix any fixture or make any renovation, alteration or addition to the premises.
*
The tenant may only affix any fixture or make any renovation, alteration or addition to the premises with the lessor’s written permission.
(* delete as appropriate)
PROPERTY CONDITION REPORTS
A property condition report detailing the condition of the premises must be completed by or on behalf of the lessor and 2 copies provided to the tenant within 7 days of the tenant moving into the premises.
If the tenant disagrees with any information contained in the property condition report, the tenant must note his or her disagreement on a
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copy of the property condition report and return this to the lessor or property manager within 7 days of receipt of the property condition report from the lessor. If the tenant does not give a copy of the
property condition report back to the lessor, the tenant is taken to
accept the property condition report as a true and accurate description
of the condition of the premises.A final property condition report must be completed by or on behalf of the lessor and provided to the tenant as soon as practicable but in any event within 14 days of the termination of the tenancy. The tenant must be given a reasonable opportunity to be present at the final inspection.
PART B
STANDARD TERMS APPLICABLE TO ALL RESIDENTIAL
TENANCY AGREEMENTSThe Residential Tenancies Act 1987 and the Residential Tenancies Regulations 1989 apply to this agreement. Both the lessor and the tenant must comply with these laws. Some of the rights and
obligations in that legislation are outlined below.
RIGHT TO OCCUPY THE PREMISES
1. The tenant has the right to exclusive occupation and quiet enjoyment of the residential premises during the tenancy. The residential premises include the additional items but do not include the exclusions noted under “RESIDENTIAL PREMISES” in Part A.
COPY OF AGREEMENT
2. The lessor or the property manager must give the tenant:
2.1 a copy of this agreement when this agreement is signed by
the tenant; and2.2 a copy of this agreement signed by both the lessor or the
property manager and the tenant within 14 days after it has
been signed and delivered by the tenant.
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RENT
3. The tenant must pay rent on time or the lessor may issue a notice of termination and, if the rent is still not paid in full, the lessor may take action through the court to evict the tenant.
4. The tenant must not withhold rent because the tenant is of the view that the lessor is in breach of the agreement.
5. The lessor or property manager must not:
5.1 require the tenant to pay more than 2 weeks rent in
advance; or5.2 require the tenant to pay rent by post-dated cheque; or 5.3 use rent paid by the tenant for the purpose of any amount
payable by the tenant other than rent; or5.4 require the tenant to pay any monetary amount other than
rent, security bond and pet bond.6. The lessor or property manager must give a rent receipt to the tenant within 3 days of the rent being paid unless the rent is paid into an authorised bank or credit union account nominated by the lessor.
7. A tenancy agreement cannot contain a provision for a penalty, damages or extra payment if the tenant fails to keep to the agreement or breaches any law. If an agreement allows a reduced rent or a rebate, refund or other benefit if the tenant does not breach the agreement, the tenant is entitled to the reduction, rebate, refund or other benefit in any event.
8. Warning: it is an offence for a tenant to fail or refuse to pay any rent due under a residential tenancy agreement with the intention that the amount of such rent be recovered by the lessor from the tenant’s security bond.
PAYMENT OF COUNCIL RATES, LAND TAX, WATER AND
OTHER CHARGES9. The lessor must pay all rates, taxes or charges imposed in respect of the premises under the Local Government Act 1995, the Land
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Tax Act 2002 or any written law under which a rate, tax or charge is imposed for water supply or sewerage services under the Water Agencies (Powers) Act 1984 (other than a charge for water
consumed). The lessor is responsible for any contribution levied under the Strata Titles Act 1985 and any contribution levied on a proprietor under the Strata Titles Act 1985.
PUBLIC UTILITY SERVICES
10. Public utility services has the meaning given in the Land Administration Act 1997 and refers to services such as gas, electricity and water.
11. If the premises are not separately metered to measure the tenant’s consumption of a public utility service at the premises and the tenant is expected to pay for his or her consumption of the public utility service, the lessor and tenant must agree in writing an alternative method of calculating the charge to be paid by the tenant for the consumption of that public utility service.
12. The tenant must not be required to pay a charge in relation to a public utility service provided to the premises unless the charge is calculated by reference to the tenant’s actual consumption of the public utility service at the premises and the tenant is given written notice of the charge.
13. If the premises are separately metered, the notice of the charge must specify:
13.1 the relevant meter reading or readings; and 13.2 the charge per metered unit; and 13.3 the amount of GST payable in respect of the provision of
the public utility service to the residential premises.14. If the premises are not separately metered, the notice of the charge must specify:
14.1 the calculation as per the agreed method; and 14.2 the amount of GST payable in respect of the provision of
the public utility service to the residential premises.
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POSSESSION OF THE PREMISES
15. The lessor must:
15.1 give the tenant vacant possession of the premises on the
day on which the tenant is entitled to enter into occupation
of the premises under the agreement; and15.2 take all reasonable steps to ensure that, at the time of
signing this agreement, there is no legal reason why the
tenant cannot occupy the premises as a residence for the
term of this agreement.
TENANT’S RIGHT TO QUIET ENJOYMENT
16. The tenant is entitled to quiet enjoyment of the premises without interruption by the lessor or any person claiming by, through or under the lessor or having superior title to that of the lessor.
17. The lessor or the property manager will not interfere with, or cause or permit any interference with, the reasonable peace, comfort or privacy of the tenant in the use of the premises. The
lessor or the property manager must also take all reasonable steps
to ensure that the lessor’s other neighbouring tenants do not
interfere with the reasonable peace, comfort or privacy of the
tenant in the use of the premises.
USE OF THE PREMISES BY TENANT
18. The tenant must:
18.1 use the premises as a place of residence; and 18.2 not use or allow the premises to be used for any illegal
purpose; and18.3 not cause or permit a nuisance; and 18.4 not intentionally or negligently cause or permit damage to
the residential premises; and18.5 advise the lessor or property manager as soon as
practicable if any damage occurs; and18.6 keep the premises in a reasonable state of cleanliness; and
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18.7 not cause or allow to be caused injury to the lessor,
property manager or any person lawfully on adjacent
premises; and18.8 not allow anyone who is lawfully at the premises to breach
the terms of this agreement.19. The tenant is responsible for the conduct or omission of any person lawfully on the premises that results in a breach of the agreement.
LESSOR’S GENERAL OBLIGATIONS FOR RESIDENTIAL
PREMISES20. In this clause, premises includes fixtures and chattels provided with the premises but does not include:
20.1 any fixture or chattel disclosed by the lessor to the tenant as not functioning before the agreement was entered into; or 20.2 any other fixture or chattel that the tenant could not
reasonably have expected to be functioning at the time the
agreement was entered into.21. The lessor must:
21.1 provide vacant possession of the premises and in a
reasonable state of cleanliness and repair; and21.2 maintain and repair the premises in a timely manner; and 21.3 comply with all laws affecting the premises including
building, health and safety laws.
URGENT REPAIRS
22. Urgent repairs are defined by the Residential Tenancies Act 1987 and fall into 2 categories: repairs that are necessary for the supply or restoration of an essential service and other urgent repairs.
Essential services are listed in the Residential Tenancies Regulations 1989 as electricity, gas, a functioning refrigerator (if one is provided with the premises), waste water management treatment and water (including the supply of hot water).
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Arrangements for repairs that are necessary to supply or restore an essential service must be made with a suitable repairer within 24 hours. Other urgent repairs are those that are not necessary for
the supply or restoration of an essential service, but may
nevertheless cause damage to the premises, injure a person or
cause undue hardship or inconvenience to the tenant.
Arrangements for these repairs must be made within 48 hours.23. In every tenancy, if the need for urgent repair arises other than as a result of a breach of the agreement by the tenant:
23.1 the tenant is to notify the lessor or the property manager of
the need for urgent repairs as soon as practicable; and23.2 the lessor is to ensure that the repairs are carried out by a
suitable repairer as soon as practicable after that
notification; and23.3 if, within 24 hours (in the case of repairs for the supply or restoration of essential services) or 48 hours (in the case of other urgent repairs), the lessor or property manager cannot be contacted, or, having notified the lessor or property manager of the need for the repairs, the lessor fails to ensure that the repairs will be carried out by a suitable repairer as soon as practicable after that notification, the
tenant may arrange for the repairs to be carried out by a
suitable repairer to the minimum extent necessary to effectthose repairs; and
23.4 if a tenant arranges for repairs to be carried out under
clause 23.3, the lessor must, as soon as practicable after the
repairs are carried out, reimburse the tenant for any
reasonable expense incurred by the tenant in arranging for
those repairs to be carried out and paying for those repairs.
LESSOR’S ACCESS TO THE PREMISES
24. The lessor, property manager or person acting on behalf of the lessor, can only enter the premises in the following circumstances:
24.1 in any case of emergency;
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24.2 to conduct up to 4 routine inspections in a 12 month period
after giving the tenant at least 7 days, but not more than
14 days, written notice;24.3 where the agreement allows the rent to be collected at the
premises where rent is payable not more frequently than
once every week;24.4 to inspect and secure the premises if there are reasonable
grounds to believe that the premises have been abandoned
and the tenant has not responded to a notice from the
lessor;24.5 carrying out or inspecting necessary repairs to or
maintenance of the premises, at any reasonable time, after
giving the tenant not less than 72 hours notice in writing
before the proposed entry;24.6 showing the premises to prospective tenants, at any
reasonable time and on a reasonable number of occasions
during the period of 21 days preceding the termination of
the agreement, after giving the tenant reasonable notice in
writing;24.7 showing the premises to prospective purchasers, at any
reasonable time and on a reasonable number of occasions,
after giving the tenant reasonable notice in writing;24.8 if the tenant agrees at, or immediately before, the time of
entry.25. There are directions within the Residential Tenancies Act 1987 which guide tenants, lessors and property managers on appropriate behaviour in relation to gaining or granting access to the premises. The following summary may assist.
REASONABLE TIME
26. Reasonable time means:
26.1 between 8.00 a.m. and 6.00 p.m. on a weekday; or 26.2 between 9.00 a.m. and 5.00 p.m. on a Saturday; or
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26.3 at any other time agreed between the lessor and each
tenant.REQUIREMENT TO NEGOTIATE A DAY AND TIME FOR A
PROPOSED ENTRY BY THE LESSOR27. The lessor or property manager must make a reasonable attempt to negotiate a day and time that does not unduly inconvenience the tenant.
REQUIREMENT TO GIVE TENANT NOTICE OF PROPOSED
ENTRY28. Where the lessor or property manager gives a tenant notice of an intention to enter premises on a particular day, the notice must specify the day and whether it will be before or after 12.00 p.m.
TENANT ENTITLED TO BE PRESENT
29. The tenant is entitled to be on the premises during the entry by the lessor, the property manager or any other person acting on behalf of the lessor.
ENTRY MUST BE REASONABLE AND NO LONGER THAN
NECESSARY30. The lessor or property manager exercising a right of entry:
30.1 must do so in a reasonable manner; and 30.2 must not, without the tenant’s consent, stay or permit
others to stay on the premises longer than is necessary to
achieve the purpose of the entry.
LESSOR’S OBLIGATION TO COMPENSATE TENANT IF
DAMAGE TO TENANT’S GOODS31. If the lessor or property manager (or any person accompanying the lessor or property manager) causes damage to the tenant’s goods when exercising a right of entry, the lessor is obliged to compensate the tenant.
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ALTERATIONS AND ADDITIONS TO THE PREMISES
32. If the tenancy agreement allows the tenant to affix a fixture or make a renovation, alteration or addition to the premises, then:
32.1 the tenant must obtain permission from the lessor prior to
affixing any fixture or making any renovation, alteration or
addition to the premises; and32.2 the tenant must obtain permission from the lessor to
remove any fixture attached by the tenant and make good
any damage; and32.3 notify the lessor of any damage caused by removing any
fixture and, at the option of the lessor, repair the damage or
compensate the lessor for any reasonable expenses
incurred by the lessor in repairing the damage; and32.4 the lessor must not unreasonably refuse permission for the
installation of a fixture or an alteration, addition or
renovation by the tenant.33. If the lessor wants to make an alteration or addition or affix a fixture to the premises, then:
33.1 the lessor must obtain the tenant’s permission prior to
affixing any fixture or making any renovation, alteration or
addition to the premises; and33.2 the tenant must not unreasonably refuse permission for the
lessor to affix any fixture or make any renovation,
alteration or addition to the premises.
LOCKS AND SECURITY DEVICES
34. The prescribed means of securing the premises are specified in the Residential Tenancies Regulations 1989. In every tenancy:
34.1 the lessor must provide and maintain such means to ensure
the premises are reasonably secure as prescribed in the
regulations; and
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34.2 any lock or security device at the premises must not be
altered, removed or added by a lessor or tenant without the
consent of the other; and34.3 the lessor or the tenant must not unreasonably withhold
that consent.
TRANSFER OF TENANCY OR SUB-LETTING BY TENANT
35. If the tenancy agreement allows the tenant to assign his or her interest or sub-let the premises with the lessor’s consent:
35.1 the tenant cannot assign his or her interest or sub-let the
premises without the written consent of the lessor; and35.2 the lessor must not unreasonably withhold such consent;
and35.3
the lessor must not make any charge for giving such consent other than the lessor’s reasonable incidental expenses.
CONTRACTING OUT
36. It is an offence to contract out of any provision of the Residential Tenancies Act 1987.
ENDING THE RESIDENTIAL TENANCY AGREEMENT
37. This residential tenancy agreement can only be terminated in certain circumstances.
38. The tenant agrees, when this agreement ends, to give vacant possession of the premises to the lessor. Before giving vacant possession to the lessor the tenant must:
38.1 remove all the tenant’s goods from the residential
premises; and38.2 leave the residential premises as closely as possible in the
same condition, fair wear and tear excepted, as at the
commencement of the tenancy; and38.3 return to the lessor all keys, and other opening devices or
similar devices, provided by the lessor.
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39. The tenant may be liable for losses incurred by the lessor if the above requirements are not met.
ENDING A FIXED TERM AGREEMENT
40. If this agreement is a fixed term agreement it may be ended:
40.1 by agreement in writing between the lessor and the tenant;
or40.2 if either the lessor or tenant does not want to renew the
agreement, by giving written notice of termination. The
notice must be given to the other party at least 30 days
prior to the date on which vacant possession of the
premises is to be delivered to the lessor. The notice may
be given at any time up until the end of the fixed term but
cannot take effect until the term ends.
ENDING A PERIODIC AGREEMENT
41. If this agreement is a periodic agreement it may be ended:
41.1 by agreement in writing between the lessor and the tenant;
or41.2
by either the lessor or the tenant by giving written notice of termination to the other party. The notice may be given at any time. The lessor must give at least 60 days notice and the tenant must give at least 21 days notice.
OTHER GROUNDS FOR ENDING AGREEMENT
42. Residential Tenancies Act 1987
tenant to end this agreement on other grounds. The grounds for
the lessor include sale of the residential premises, breach of this
agreement by the tenant, where the agreement is frustrated
(e.g. where the premises are destroyed or become uninhabitable)
and hardship. The grounds for the tenant include breach of this
agreement by the lessor, where the agreement is frustratedThe also authorises the lessor and and hardship.
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43. For more information, refer to the Residential Tenancies Act 1987 or contact the Department of Commerce on 1300 30 40 54 or visit
44. Warning:
44.1 It is an offence for any person to obtain possession of the
residential premises without an order of the Magistrates
Court if the tenant does not willingly move out (a
termination notice issued by the lessor or property manager
is not a court order). The court may order fines and
compensation to be paid for such an offence.44.2 It is an offence for a tenant to fail to provide the lessor with
a forwarding address when vacating the premises.
SECURITY BOND
45. The security bond is held by the Bond Administrator.
46. The lessor agrees that where the lessor or the property manager applies to the Bond Administrator for the release of the security bond at the end of the tenancy, the lessor or property manager
will provide the tenant with evidence to support the amount
claimed.47. The Bond Administrator can only release the security bond when it receives either:
47.1 a Joint Application for Disposal of Security Bond form
signed by all the parties to the tenancy agreement; or47.2 an order of the court. 48. If the parties cannot agree on how the security bond is to be dispersed, either party can apply to the Magistrates Court to have the dispute decided.
49. Warning: It is an offence for a lessor or a property manager to require a tenant to sign a Joint Application for Disposal of Security Bond form unless the residential tenancy agreement has terminated and the amount of the security bond to be paid to the tenant or lessor is stipulated on the form.
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TENANCY DATABASES
50. A lessor or property manager can only list a person on a residential tenancy database if:
50.1 the person is a named tenant on the residential tenancy
agreement; and50.2 the residential tenancy agreement has been terminated; and 50.3 the person owes the lessor a debt that is greater than the
security bond or a court has made an order terminating the
tenancy agreement.
ADVICE, COMPLAINTS AND DISPUTES
DEPARTMENT OF COMMERCE51. The Residential Tenancies Act 1987 allows the Commissioner for Consumer Protection to give advice to parties to a residential tenancy agreement, to look into complaints and, wherever possible, help to settle them. The Department of Commerce may be contacted by telephone on 1300 30 40 54 or by visiting one of the Department’s offices.
52. The tenant should generally approach the lessor or property manager to solve any problem before approaching the Department of Commerce. The Department’s role is one of mediation and conciliation, it cannot issue orders or make determinations in respect of disputes.
IF A DISPUTE CANNOT BE RESOLVED
53. If a dispute arises between the lessor and the tenant and the dispute cannot be resolved, either party may apply to the Magistrates Court to have the dispute decided by the court. The court can make a range of orders, including:
53.1 restraining any action in breach of the agreement; and 53.2 requiring a party to the agreement to perform a certain
action under the agreement; and
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53.3 order the payment of any amount owing under the
agreement; and53.4 order the payment of compensation for loss or injury. PART C
IMPORTANT INFORMATION
Additional terms may be included in this agreement if:
(a) both the lessor and tenant agree to the terms; and (b) they do not conflict with the Residential Tenancies Act 1987, the Residential Tenancies Regulations 1989, or any other law; and (c) they do not breach the provisions about unfair contract terms in the Fair Trading Act 2010; and (d) they do not conflict with the standard terms of this agreement.
ADDITIONAL TERMS ARE NOT REQUIRED BY THE
RESIDENTIAL TENANCIES ACT 1987. HOWEVER, ONCE THE
PARTIES SIGN THIS AGREEMENT, THE ADDITIONAL TERMS
ARE BINDING UPON THE PARTIES UNLESS THE TERM IS
FOUND TO BE UNLAWFUL.
ADDITIONAL TERMS: .....................................................................
THE LESSOR AND TENANT ENTER INTO THIS AGREEMENT
AND AGREE TO ALL ITS TERMS.
SIGNED BY THE LESSOR/PROPERTY MANAGER
............................................................... [Signature of lessor/property manager]
Date: ...................................
in the presence of:
............................................
[Name of witness]
............................................
[Signature of witness]
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SIGNED BY THE TENANT
.............................................
[Signature of tenant]
Date: ...................................
in the presence of:
............................................
[Name of witness]
............................................
[Signature of witness]For information about your rights and obligations as a lessor or tenant, contact the Department of Commerce on 1300 30 40 54 or visit
FORM 1AB
RESIDENTIAL TENANCIES ACT 1987
Section 27A
SOCIAL HOUSING RESIDENTIAL
TENANCY AGREEMENT
PART A
This agreement is made between:
Lessor [insert name of lessor(s) and contact details] and
Tenant [insert name of tenant(s) and contact details]
TERM OF AGREEMENT
* This residential tenancy agreement is periodic starting on [insert
date].* This residential tenancy agreement is fixed starting on [insert
date] and ending on [insert date].(* delete as appropriate)
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Note: The start date for the agreement should not be a date prior to the date on which the tenant is entitled to enter into occupation of the premises.
RESIDENTIAL PREMISES
The residential premises are [insert address] and include/exclude*
(* delete as appropriate): ...................................................................
[include any additional matters, such as a parking space or furniture
provided, or any exclusions, such as sheds]
MAXIMUM AND MINIMUM NUMBER OF OCCUPANTS
No more than [insert number] persons and no fewer than [insert number] persons may ordinarily live in the premises at any one time.
RENT
The rent is $[insert amount] per week/calculated by reference to tenant’s income [insert calculation] payable weekly/fortnightly* in advance starting on [insert date].
(* delete as appropriate)
The method by which the rent must be paid is:
(a) by cash or cheque; or (b)
into the following account or any other account nominated by the lessor:
BSB number:
account number:
account name:
payment reference:
or(c) as follows: ...................................
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SECURITY BOND
* No security bond or pet bond is payable. * A security bond of $[insert amount] and a pet bond of $[insert amount] must be paid by the tenant on signing this agreement. (* delete as appropriate) Note: The security bond must not exceed the sum of 4 weeks rent plus a pet bond not exceeding $260 (if a pet is permitted to be kept at the premises). The pet bond is to be used to meet costs of fumigation of the premises.
RENT INCREASE
In the case of a periodic tenancy (see “TERM OF AGREEMENT”) any rent increase will be no sooner than 6 months after the commencement of this tenancy agreement and the date of the last increase. The lessor must give at least 60 days notice of the increase.
Note: If rent is calculated by reference to income, the requirement to provide a notice of a rent increase only applies if the method of calculating the rent is changed.
In the case of a fixed term tenancy (see “TERM OF AGREEMENT”) the rent increase will be [insert maximum increase or method of calculating increase, e.g. CPI or percentage] and take effect no sooner than 6 months after the commencement of this tenancy agreement and the date of the last increase. The lessor must give at least 60 days notice of the increase.
Note: For fixed term lease agreements exceeding 12 months, refer to
Part C for details of subsequent rent increases.
WATER SERVICES
Is scheme water connected to the premises? Yes /No
Note: If the property is not connected to scheme water, the tenant may have to purchase water at his or her own expense.
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WATER USAGE COSTS (SCHEME WATER)
The tenant is required to pay [insert number]% of water consumption costs.
PERMISSION TO CONTACT THE WATER SERVICES
PROVIDERDoes the tenant have the lessor’s permission to contact the water services provider for the premises to access accounts for water consumption at the premises and to communicate with the water services provider in relation to concessions available to the tenant or supply faults at the premises? Yes /No
ELECTRICITY, GAS AND OTHER UTILITIES
Indicate for the utilities below whether or not the premises are separately metered:
Electricity: Yes /No Gas: Yes /No Water: Yes /No Other (please specify): ............................................................
Where the premises are separately metered to measure consumption of a specific utility, the tenant must pay for the connection and consumption costs as per the relevant account for the premises.
Where the premises are not separately metered to measure the consumption of a specific utility, the tenant must pay the consumption costs for that utility which will be calculated as follows:
Electricity: [insert method of calculation] Gas: [insert method of calculation] Water: [insert method of calculation]
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STRATA BY-LAWS
Strata by-laws ARE/ARE NOT* (* delete as appropriate) applicable
to the residential premises. A copy of the by-laws are attached.Yes /No
PETS
The pets listed below may be kept at the premises: ..............................
RIGHT OF TENANT TO ASSIGN OR SUB-LET
* The tenant may assign the tenant’s interest under this agreement
or sub-let the premises.* The tenant may not assign the tenant’s interest under this
agreement or sub-let the premises.* The tenant may assign the tenant’s interest under this agreement
or sub-let the premises only with the written consent of the lessor.(* delete as appropriate)
RIGHT OF TENANT TO AFFIX AND REMOVE FIXTURES
* The tenant must not affix any fixture or make any renovation, alteration or addition to the premises or common areas.
* The tenant must not affix any fixture or make any renovation, alteration or addition to the premises or common areas without the prior written consent of the lessor, such consent not to be withheld unreasonably. (* delete as appropriate)
If the Housing Authority is the lessor, this agreement is to be taken as written permission that the tenant may make minor improvements to the premises so long as the tenant makes good to the absolute
satisfaction of the lessor, any damage to the premises caused by the
minor improvements or their removal.Minor improvements includes temporary, non-structural works (such as the installation of curtains, blinds and picture hooks which are readily and easily removable) and do not affect the structure of the premises.
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PROPERTY CONDITION REPORTS
A property condition report detailing the condition of the premises must be completed by or on behalf of the lessor and 2 copies provided to the tenant within 7 days of the tenant moving into the premises.
If the tenant disagrees with any information contained in the property condition report, the tenant must note his or her disagreement on a copy of the property condition report and return this to the lessor or property manager within 7 days of receipt of the property condition report from the lessor. If the tenant does not give a copy of the property condition report back to the lessor, the tenant is taken to accept the property condition report as a true and accurate description of the condition of the premises.
A final property condition report must be completed by or on behalf of the lessor and provided to the tenant within:
* 14 days of the tenant vacating the premises. * 28 days (if the premises are 100 km or more from an office of the
Housing Authority if the Housing Authority is the lessor).(* delete as appropriate)
The tenant must be given a reasonable opportunity to be present at the final inspection.
PART B
STANDARD TERMS APPLICABLE TO ALL SOCIAL
HOUSING TENANCY AGREEMENTSThe Residential Tenancies Act 1987 and the Residential Tenancies Regulations 1989 apply to this agreement. Both the lessor and the tenant must comply with these laws. Some of the rights and
obligations in that legislation are outlined below.
RIGHT TO OCCUPY THE PREMISES
1. The tenant has the right to exclusive occupation and quiet enjoyment of the residential premises during the tenancy. The residential premises include the additional items but do not
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include the exclusions noted under “RESIDENTIAL
PREMISES” in Part A.
TENANT’S ELIGIBILITY TO RESIDE IN SOCIAL HOUSING
PREMISES2. The social housing tenancy agreement is entered into with the tenant on the grounds that the tenant is eligible to reside in social housing premises.
3. If requested to do so by the lessor, the tenant must provide any information that is reasonably required to allow the lessor to determine that the tenant continues to be eligible to reside in the premises. If the tenant refuses to provide the requested information, the lessor may decide that the tenant is no longer eligible to reside in the premises.
4. If the tenant is no longer eligible to reside in the premises, the lessor may seek to terminate the social housing tenancy agreement.
COPY OF AGREEMENT
5. The lessor or the property manager must give the tenant:
5.1 a copy of this agreement when this agreement is signed by
the tenant; and5.2 a copy of this agreement signed by both the lessor or the
property manager and the tenant within 14 days after it has
been signed and delivered by the tenant.
RENT
6. The tenant must pay rent on time or the lessor may issue a notice of termination and, if the rent is still not paid in full, the lessor may take action through the court to evict the tenant.
7. The tenant must not withhold rent because the tenant is of the view that the lessor is in breach of the agreement.
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8. The lessor or property manager must not:
8.1 require the tenant to pay more than 2 weeks rent in
advance; or8.2 require the tenant to pay rent by post-dated cheque; or 8.3 use rent paid by the tenant for the purpose of any amount
payable by the tenant other than rent; or8.4 require the tenant to pay any monetary amount for or in
relation to a residential tenancy agreement other than rent,
security bond and pet bond.9. damages or extra payment if the tenant fails to keep the
A tenancy agreement cannot contain a provision for a penalty, rent or a rebate, a refund or other benefit if the tenant does not breach the agreement, the tenant is entitled to the reduction, rebate, refund or other benefit in any event.
10. Warning: It is an offence for a tenant to fail or refuse to pay any rent due under a residential tenancy agreement with the intention that the amount of such rent be recovered by the lessor from the tenant’s security bond.
PAYMENT OF COUNCIL RATES, LAND TAX, WATER AND
OTHER CHARGES11. The lessor must pay all rates, taxes or charges imposed in respect of the premises under the Local Government Act 1995, the Land Tax Act 2002 or any written law under which a rate, tax or charge
is imposed for water supply or sewerage services under the Water consumed). The lessor is responsible for any contribution levied under the Strata Titles Act 1985 and any contribution levied on a proprietor under the Strata Titles Act 1985.
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PUBLIC UTILITY SERVICES
12. Public utility services has the meaning given in the Land Administration Act 1997 and refers to services such as gas, electricity and water.
13. If the premises are not separately metered to measure the tenant’s consumption of a public utility service at the premises and the tenant is expected to pay for his or her consumption of the public utility service, the lessor and tenant must agree in writing an alternative method of calculating the charge to be paid by the tenant for the consumption of that public utility service.
14. The tenant must not be required to pay a charge in relation to a public utility service provided to the premises unless the charge is calculated by reference to the tenant’s actual consumption of the public utility service at the premises and the tenant is given written notice of the charge.
15. If the premises are separately metered, the notice of the charge must specify:
15.1 the relevant meter reading or readings; and 15.2 the charge per metered unit; and 15.3 the amount of GST payable in respect of the provision of
the public utility service to the residential premises.16. If the premises are not separately metered, the notice of the charge must specify:
16.1 the calculation as per the agreed method; and 16.2 the amount of GST payable in respect of the provision of
the public utility service to the residential premises.
POSSESSION OF THE PREMISES
17. The lessor must:
17.1 give the tenant vacant possession of the premises on the
day on which the tenant is entitled to enter into occupation
of the premises under the agreement; and
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17.2 take all reasonable steps to ensure that, at the time of
signing this agreement, there is no legal reason why the
tenant cannot occupy the premises as a residence for the
term of this agreement.TENANT’S RIGHT TO QUIET ENJOYMENT
18. The tenant is entitled to quiet enjoyment of the premises without interruption by the lessor or any person claiming by, through or under the lessor or having superior title to that of the lessor.
19. The lessor or the property manager will not interfere with, or cause or permit any interference with, the reasonable peace, comfort or privacy of the tenant in the use of the premises. The
lessor or the property manager must also take all reasonable steps
to ensure that the lessor’s other neighbouring tenants do not
interfere with the reasonable peace, comfort or privacy of the
tenant in the use of the premises.
USE OF THE PREMISES BY TENANT
20. The tenant must:
20.1 use the premises as a place of residence; and 20.2 not use or allow the premises to be used for any illegal
purpose; and20.3 not cause or permit a nuisance; and 20.4
not cause, or permit to be caused, an interference with the reasonable peace, comfort or privacy of a person residing in the immediate vicinity of the premises; and
20.5 not intentionally or negligently cause or permit damage to
the residential premises; and20.6 advise the lessor or property manager as soon as
practicable if any damage occurs; and20.7 keep the premises in a reasonable state of cleanliness; and 20.8 not cause or allow to be caused injury to the lessor,
property manager or any person lawfully on adjacent
premises; and
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20.9 not allow anyone who is lawfully at the premises to breach
the terms of this agreement.21. The tenant is responsible for the conduct or omission of any person lawfully on the premises that results in a breach of the agreement.
LESSOR’S GENERAL OBLIGATIONS FOR RESIDENTIAL
PREMISES22. In this clause, premises includes fixtures and chattels provided with the premises but does not include:
22.1 any fixture or chattel disclosed by the lessor to the tenant as not functioning before the agreement was entered into; or 22.2 any other fixture or chattel that the tenant could not
reasonably have expected to be functioning at the time the
agreement was entered into.23. The lessor must:
23.1 provide vacant possession of the premises and in a
reasonable state of cleanliness and repair; and23.2 maintain and repair the premises in a timely manner; and 23.3 comply with all laws affecting the premises including
building, health and safety laws.
URGENT REPAIRS
24. Urgent repairs are defined by the Residential Tenancies Act 1987 and fall into 2 categories: repairs that are necessary for the supply or restoration of an essential service and other urgent repairs.
Essential services are listed in the Residential Tenancies
Regulations 1989 as electricity, gas, a functioning refrigerator (if
one is provided with the premises), waste water management
treatment and water (including the supply of hot water).
Arrangements for repairs that are necessary to supply or restore
an essential service must be made with a suitable repairer within
24 hours. Other urgent repairs are those that are not necessary for
the supply or restoration of an essential service, but may
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nevertheless cause damage to the premises, injure a person or
cause undue hardship or inconvenience to the tenant.
Arrangements for these repairs must be made within 48 hours.25. In every tenancy, if the need for urgent repair arises other than as a result of a breach of the agreement by the tenant:
25.1 the tenant is to notify the lessor or the property manager of
the need for urgent repairs as soon as practicable; and25.2 the lessor is to ensure that the repairs are carried out by a
suitable repairer as soon as practicable after that
notification; and25.3 if, within 24 hours (in the case of repairs for the supply or restoration of essential services) or 48 hours (in the case of other urgent repairs), the lessor or property manager cannot be contacted, or, having notified the lessor or property manager of the need for the repairs, the lessor fails to ensure that the repairs will be carried out by a suitable repairer as soon as practicable after that notification, the
tenant may arrange for the repairs to be carried out by a
suitable repairer to the minimum extent necessary to effectthose repairs; and
25.4 if a tenant arranges for repairs to be carried out under
clause 25.3, the lessor must, as soon as practicable after the
repairs are carried out, reimburse the tenant for any
reasonable expense incurred by the tenant in arranging for
those repairs to be carried out and paying for those repairs.
LESSOR’S ACCESS TO THE PREMISES
26. The lessor, property manager or person acting on behalf of the lessor, can only enter the premises in the following circumstances:
26.1 in any case of emergency; 26.2 to conduct up to 4 routine inspections in a 12 month period
after giving the tenant at least 7 days, but not more than
14 days, written notice;
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26.3 where the agreement allows the rent to be collected at the
premises where rent is payable not more frequently than
once every week;26.4 to inspect and secure the premises if there are reasonable
grounds to believe that the premises have been abandoned
and the tenant has not responded to a notice from the
lessor;26.5 carrying out or inspecting necessary repairs to or
maintenance of the premises, at any reasonable time, after
giving the tenant not less than 72 hours notice in writing
before the proposed entry;26.6 showing the premises to prospective tenants, at any
reasonable time and on a reasonable number of occasions
during the period of 21 days preceding the termination of
the agreement, after giving the tenant reasonable notice in
writing;26.7 showing the premises to prospective purchasers, at any
reasonable time and on a reasonable number of occasions,
after giving the tenant reasonable notice in writing;26.8 if the tenant agrees at, or immediately before, the time of
entry.27. There are directions within the Residential Tenancies Act 1987 which guide tenants, lessors and property managers on appropriate behaviour in relation to gaining or granting access to the premises. The following summary may assist.
REASONABLE TIME
28. Reasonable time means:
28.1 between 8.00 a.m. and 6.00 p.m. on a weekday; or 28.2 between 9.00 a.m. and 5.00 p.m. on a Saturday; or 28.3 at any other time agreed between the lessor and each
tenant.
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REQUIREMENT TO NEGOTIATE A DAY AND TIME FOR A
PROPOSED ENTRY BY THE LESSOR29. The lessor or property manager must make a reasonable attempt to negotiate a day and time that does not unduly inconvenience the tenant.
REQUIREMENT TO GIVE TENANT NOTICE OF PROPOSED
ENTRY30. Where the lessor or property manager gives a tenant notice of an intention to enter premises on a particular day, the notice must specify the day and whether it will be before or after 12.00 p.m.
TENANT ENTITLED TO BE PRESENT
31. The tenant is entitled to be on the premises during the entry by the lessor, the property manager or any other person acting on behalf of the lessor.
ENTRY MUST BE REASONABLE AND NO LONGER THAN
NECESSARY32. The lessor or property manager exercising a right of entry:
32.1 must do so in a reasonable manner; and 32.2 must not, without the tenant’s consent, stay or permit
others to stay on the premises longer than is necessary to
achieve the purpose of the entry.
LESSOR’S OBLIGATION TO COMPENSATE TENANT IF
DAMAGE TO TENANT’S GOODS33. If the lessor or property manager (or any person accompanying the lessor or property manager), causes damage to the tenant’s goods when exercising a right of entry, the lessor is obliged to compensate the tenant.
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ALTERATIONS AND ADDITIONS TO THE PREMISES
34. If the tenancy agreement in Part A allows the tenant to affix a fixture or make a renovation, alteration or addition to the premises, then:
34.1 the tenant must obtain written permission from the lessor
prior to affixing any fixture or making any renovation,
alteration or addition to the premises; and34.2 the tenant must obtain written permission from the lessor
to remove any fixture attached by the tenant; and34.3 notify the lessor of any damage caused by removing any
fixture and, at the option of the lessor, repair the damage or
compensate the lessor for any reasonable expenses
incurred by the lessor in repairing the damage; and34.4 the lessor must not unreasonably refuse permission for the
installation of a fixture or an alteration, addition or
renovation by the tenant.35. If the lessor wants to make an alteration or addition or affix a fixture to the premises, then:
35.1 the lessor must obtain the tenant’s permission prior to
affixing any fixture or making any renovation, alteration or
addition to the premises; and35.2 the tenant must not unreasonably refuse permission for the
lessor to affix any fixture or make any renovation,
alteration or addition to the premises.
LOCKS AND SECURITY DEVICES
36. The prescribed means of securing the premises are specified in the Residential Tenancies Regulations 1989. In every tenancy:
36.1 the lessor must provide and maintain such means to ensure
the premises are reasonably secure as prescribed in the
regulations; and36.2 any lock or security device at the premises must not be
altered, removed or added by a lessor or tenant without the
consent of the other; and
OTHER GROUNDS FOR ENDING AGREEMENT
41. The Residential Tenancies Act 1987 also authorises the lessor and the tenant to end this agreement on other grounds. The grounds for the lessor include sale of the residential premises, breach of this agreement by the tenant, where the agreement is frustrated (e.g. where the premises are destroyed or become uninhabitable)
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and hardship. The grounds for the tenant include breach of this
agreement by the lessor, where the agreement is frustrated
(e.g. where the premises are destroyed or become uninhabitable)
and hardship.42. For more information, refer to the Residential Tenancies Act 1987 or contact the Department of Commerce on 1300 30 40 54 or visit
43. Warning:
43.1 It is an offence for any person to obtain possession of the
residential premises without an order of the Magistrates
Court if the tenant does not willingly move out (a
termination notice issued by the lessor or property manager
is not a court order). The court may order fines and
compensation to be paid for such an offence.43.2 It is an offence for a tenant to fail to provide the lessor with
a forwarding address when vacating the premises.
SECURITY BOND
44. The security bond is held by the Bond Administrator.
45. The lessor agrees that where the lessor or the property manager applies to the Bond Administrator for the release of the security bond at the end of the tenancy, the lessor or property manager
will provide the tenant with evidence to support the amount
claimed.46. The Bond Administrator can only release the security bond when it receives either:
46.1 a Joint Application for Disposal of Security Bond form
signed by all the parties to the tenancy agreement; or46.2 an order of the court. 47. If the parties cannot agree on how the security bond is to be dispersed, either party can apply to the Magistrates Court to have the dispute decided.
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48. Warning: It is an offence for a lessor or a property manager to require a tenant to sign a Joint Application for Disposal of Security Bond form unless the residential tenancy agreement has terminated and the amount of the security bond to be paid to the tenant or lessor is stipulated on the form.
TENANCY DATABASES
49. A lessor or property manager can only list a person on a residential tenancy database if:
49.1 the person is a named tenant on the residential tenancy
agreement; and49.2 the residential tenancy agreement has been terminated; and 49.3 the person owes the lessor a debt that is greater than the
security bond or a court has made an order terminating the
tenancy agreement.
ADVICE, COMPLAINTS AND DISPUTES
DEPARTMENT OF COMMERCE50. The Residential Tenancies Act 1987 allows the Commissioner for Consumer Protection to give advice to parties to a residential tenancy agreement, to look into complaints and, wherever possible, help to settle them. The Department of Commerce may be contacted by telephone on 1300 30 40 54 or by visiting one of the Department’s offices.
51. The tenant should generally approach the lessor or property manager to solve any problem before approaching the Department of Commerce. The Department’s role is one of mediation and conciliation, it cannot issue orders or make determinations in respect of disputes.
IF A DISPUTE CANNOT BE RESOLVED
52. If a dispute arises between the lessor and the tenant and the dispute cannot be resolved, either party may apply to the Magistrates Court to have the dispute decided by the court. The court can make a range of orders, including:
52.1 restraining any action in breach of the agreement; and
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52.2 requiring a party to the agreement to perform a certain
action under the agreement; and52.3 order the payment of any amount owing under the
agreement; and52.4 order the payment of compensation for loss or injury.
FORM 1
RESIDENTIAL TENANCIES ACT 1987
Section 27C(6)
PROPERTY CONDITION REPORT
HOW TO COMPLETE THIS FORM
1. Before the tenancy begins, the lessor or the property manager should inspect the residential premises and record the condition of the premises by indicating whether the particular room item is clean, undamaged and working by placing “Y” (YES) or “N” (NO) in the appropriate column. Where necessary, comments should be included in the report.
2. Two copies of the report, which has been filled out and signed by the lessor or the property manager, must be given to the tenant within 7 days of the tenant moving into the premises.
3. As soon as possible after the tenant receives the property condition report, the tenant should inspect the residential premises and complete the tenant section on both copies of the
report. The tenant indicates agreement or disagreement with the
condition indicated by the lessor or the property manager by
placing “Y” (YES) or “N” (NO) in the appropriate column and by
making any appropriate comments on the form.4. condition report to the lessor or the property manager within
The tenant must return one copy of the completed property of the property condition report.
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5. If photographs or video recordings are taken at the time the property inspection is carried out, it is recommended that all photographs or video recordings are signed and dated by all parties. NOTE: Photographs and/or video recordings are not a
substitute for accurate written descriptions of the condition of the
property.6. As soon as practicable, and in any event within 14 days after the termination of the tenancy agreement, the lessor or the property manager should complete a property condition report, indicating the condition of the premises at the end of the tenancy. This
should be done in the presence of the tenant, unless the tenant has
been given a reasonable opportunity to be present and has not
attended the inspection.
IMPORTANT NOTES ABOUT THIS PROPERTY CONDITION
REPORT1. This property condition report is an important record of the condition of the residential premises when the tenancy begins. It may be used as evidence of the state of repair or general condition of the premises at the commencement of the tenancy if there is a dispute, particularly about the return of the security bond money and any damage to the premises. It is important to complete the property condition report accurately.
2. A property condition report must be filled out whether or not a security bond is paid.
3. At the end of the tenancy the premises must be inspected and the condition of the premises at that time will be compared to that stated in the original property condition report.
4. A tenant is not responsible for fair wear and tear to the premises. Fair wear and tear is a general term for anything that occurs through ordinary use such as the carpet becoming worn in frequently used areas. Wilful and intentional damage, or damage caused by negligence, is not fair wear and tear.
5. If you do not have enough space on the report, attach a separate sheet. All attachments should be signed and dated by all of the parties to the residential tenancy agreement.
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6. Information about the rights and responsibilities of lessors and tenants may be obtained by contacting the Department of Commerce on 1300 30 40 54 or visiting
ADDRESS OF RESIDENTIAL PREMISES: _____________________
Clean Undamaged Working Tenant Comments agrees
ENTRY
front door
screen door/ security door
walls/
picture hooks
windows/
screens
ceiling
light fittings
blinds/curtains
power points
floorcoverings
LOUNGE
ROOM
doors/doorway
frames
walls/
picture hooks
windows/
screens
ceiling
light fittings
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Clean Undamaged Working Tenant Comments agrees
blinds/curtains
TV/
power pointsfloorcoverings
DINING
ROOM
doors/doorway
frames
walls/
picture hooks
windows/
screens
ceiling
light fittings
blinds/curtains
power points
floorcoverings
KITCHEN
doors/doorway
frames
walls/
picture hooks
windows/
screens
ceiling
light fittings
blinds/curtains
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Clean Undamaged Working Tenant Comments agrees
power points
floorcoverings
cupboards/
drawers
bench tops/
tiling
sink/taps
stove top/ hot plates
oven/griller
exhaust fan/ range hood
EACH
BEDROOM
doors/doorway
frames
walls/
picture hooks
windows/
screens
ceiling
light fittings
blinds/curtains
power points
floorcoverings
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Clean Undamaged Working Tenant Comments agrees
EACH
BATHROOM
doors/doorway
frames
walls/tiles
windows/
screens
ceiling
light fittings
blinds/curtains
power points
floorcoverings
bath/taps
shower/screen/
taps
wash basin/taps
mirror/cabinet/
vanity
towel rails
toilet/cistern/
seat
toilet roll holder
heating/
exhaust fan/vent
LAUNDRY
doors/
doorway frames
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Clean Undamaged Working Tenant Comments agrees
walls/tiles
windows/
screens
ceiling
light fittings
blinds/curtains
power points
floorcoverings
washing
machine taps
exhaust fan/vent
washing tub
SECURITY/
SAFETY
smoke alarms
electrical
safety switch
keys/other
opening devices
GENERAL
garden
lawn/edges
letterbox/
street numberwater tanks/ septic tanks
garbage bins
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Clean Undamaged Working Tenant Comments agrees
paving/
driveways
clothesline
garage/carport/
storeroom
garden shed
hot water
system
gutters/
downpipes
APPROXIMATE DATES WHEN WORK LAST DONE ON
RESIDENTIAL PREMISES
Painting of premises (external): ...........................................................
Painting of premises (internal): ............................................................
Floorcoverings laid: .............................................................................
Floorcoverings professionally cleaned: ................................................Note: Further items and comments may be recorded on a separate sheet, signed by the lessor/property manager and the tenant, and attached to this report.
............................................................ Lessor/property manager’s signature
Date: .................................................
..........................................................
Tenant’s signature
Date: ................................................
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26. Schedule 4 Form 1A amended
In Schedule 4 Form 1A:
(a) delete “(Owner/agent)” and insert: (Lessor/property manager)
(b) delete “owner”(each occurrence) and insert: lessor
(c) delete “the owner’s agent” and insert: property manager of the premises
27. Schedule 4 Form 1B amended
In Schedule 4 Form 1B:
(a) delete “(Owner/agent)” and insert: (Lessor/property manager)
(b) delete “owner”(each occurrence) and insert: lessor
(c) delete “the owner’s agent” and insert: property manager of the premises
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28. Schedule 4 Form 1C replaced
Delete Schedule 4 Form 1C and insert:
FORM 1C
RESIDENTIAL TENANCIES ACT 1987
Section 61(a)
NOTICE OF TERMINATION
(NOTE: This form is NOT to be used in respect of non-payment of rent.)
TO .......................................................................................................
(Name of tenant(s))
I hereby give you notice of termination of your residential tenancy agreement and require you to deliver up vacant possession of the premises at:
.............................................................................................................
(Address of rented premises)
. ............................................................................................................
(Date on which vacant possession of the premises is to be given)ONLY ONE OF THE FOLLOWING GROUNDS IS TO BE
SPECIFIED — DELETE THE OTHER 6
1. This notice of NOT LESS THAN 7 DAYS is given to you on the breach has not been remedied (see the Residential Tenancies Act 1987 section 62).
Particulars of the breach are:
...................................................................................................
...................................................................................................
Notice of the breach was given to you on ...................................
(Note: This notice has no effect unless you were given a notice
specifying the breach and requiring that the breach be
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remedied not less than 14 days before you were given this
notice.)2. This notice of NOT LESS THAN 30 DAYS is given to you on the ground that the lessor has entered into a contract for sale of the premises and under the contract he or she is required to give vacant possession of the premises (see the Residential Tenancies Act 1987 section 63).
(Note: This notice cannot be given during the term of a fixed
term residential tenancy agreement.)
3. This notice of NOT LESS THAN 60 DAYS is given to you in exercise of the lessor’s right to give notice without specifying any ground for doing so (see the Residential Tenancies Act 1987 section 64).
(Note: This notice cannot be given during the term of a fixed
term residential tenancy agreement.)
4. This notice of NOT LESS THAN 7 DAYS is given to you on the ground (see the Residential Tenancies Act 1987 section 69) that the premises or part of the premises:
* have been destroyed
* have been rendered uninhabitable * have ceased to be lawfully useable as a residence * have been appropriated or acquired by an authority by
compulsory process(* delete as appropriate)
The lessor believes that this ground applies because ..................
......................................................................................................................................................................................................
(Note: This notice can be given during the term of a periodic
or a fixed term residential tenancy agreement.)
5. This notice of NOT LESS THAN 30 DAYS is given to you in exercise of the lessor’s right to end the residential tenancy
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agreement on its expiry date (see the Residential Tenancies
Act 1987 section 70A).
(Note: This notice cannot be given during the term of a periodic
residential tenancy agreement.)
6. the grounds that the lessor has determined, as a result of an
assessment carried out under the Residential Tenancies Act 1987
section 71D, that you are not eligible to reside in social housing
premises, or to reside in the class of social housing premises toThis notice of NOT LESS THAN 60 DAYS is given to you on Act 1987 section 71C).
(Note: This notice can be given during the term of a periodic or
a fixed term residential tenancy agreement.)
7. This notice of NOT LESS THAN 30 DAYS is given to you on the ground that the lessor has offered to enter into a new social housing tenancy agreement with you in respect of alternative
premises (see the Residential Tenancies Act 1987 section 71H).
(Note: This notice can be given during the term of a periodic or
a fixed term residential tenancy agreement.)
DATE: ...................................... SIGNED: ........................................
(Lessor/property manager)
ADDRESS: .........................................................................................
................................................................ POST CODE: ....................
SEE OVER FOR IMPORTANT INFORMATION
FORM 1C — REVERSE
IMPORTANT INFORMATION FOR TENANTS
•
The lessor is seeking to terminate your residential tenancy agreement and requires you to vacate the premises on the date specified in this notice.
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• If you do not vacate the premises, the lessor may apply to court for an order terminating your residential tenancy agreement and requiring you to vacate the premises. • You should seek advice immediately if you do not understand this notice or if you require further information. 29. Schedule 4 Form 2 amended
In Schedule 4 Form 2:
(a) delete “as owner” and insert: as lessor
(b) delete “of owner)” (each occurrence) and insert: of lessor)
(c) delete “an owner” and insert: a lessor
30. Schedule 4 Form 3 amended
In Schedule 4 Form 3:
(a) delete “owner of the premises and” and insert: lessor and
(b) delete “owner of the premises the” and insert: lessor the
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(c) delete “owner of the premises —” and insert: lessor —
(d) delete “his costs and any amount owing to him” and insert: the lessor’s costs and any amount owing to the lessor
(e) delete “of owner)” (each occurrence) and insert: of lessor)
31. Schedule 4 Form 4 deleted
Delete Schedule 4 Form 4.
32. Schedule 4 Form 5 amended
In Schedule 4 Form 5 delete “Owner” (each occurrence) and
insert:Lessor
33. Schedule 4 Form 6 amended
In Schedule 4 Form 6:
(a) after “Residential Tenancies Act 1987” insert: section 88A(3)
(b) delete “Officer issuing” and insert: Authorised person issuing
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(c) delete “If you do not want to be prosecuted in court for the offence,” and insert:
If you do not wish to have the complaint of the alleged offence
heard and determined by a court,(d) delete “‘Approved Officer —” and insert: ‘Authorised Person —
(e) delete “Approved Officer —” and insert: Authorised Person —
(f) delete “Approved Officer at” (each occurrence) and insert: Authorised Person at
34. Schedule 4 Form 7 amended
In Schedule 4 Form 7:
(a) after “Residential Tenancies Act 1987” insert: section 88A(7)
(b) delete “Officer withdrawing” and insert:
Authorised person withdrawing
(c) delete “Approved Officer —” and insert: Authorised Person —
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35. Schedule 5 replaced
Delete Schedule 5 and insert:
Schedule 5 — Prescribed offences and
modified penalties
[r. 13]
Modified
Offences under Residential Tenancies Act 1987 penalty s. 22(5) Unlawfully demanding or receiving fee or
reward for representing or assisting party to $1 000 proceedings s. 27A Failing to use prescribed form of written
residential tenancy agreement $1 000 s. 27B
Failing to give prescribed information to tenant $1 000 s. 27C(1)(a) Failing to prepare property condition report
within 7 days $1 000 s. 27C(1)(b) Failing to provide 2 copies of property condition
report within 7 days $1 000 s. 27C(4)(a)
Failing to inspect premises within 14 days $1 000 s. 27C(4)(b) Failing to prepare final property condition report
within 14 days $1 000 s. 27C(4)(c) Failing to provide copy of property condition
report within 14 days $1 000 s. 27(1) Requiring or receiving unauthorised amount for
or in relation to a residential tenancy agreement $1 000 s. 28(1) Requiring more than 2 weeks rent during first
2 weeks of tenancy $1 000 s. 28(2)
Requiring more than 2 weeks rent in advance $1 000 s. 29(1)(a) Requiring or receiving more than one security
bond $1 000
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Modified
Offences under Residential Tenancies Act 1987 penalty s. 29(1)(b) Requiring or receiving security bond of more
than 4 weeks rent plus pet bond (if applicable) $1 000 s. 29(4)(a)
Failing to give receipt for security bond $2 000 s. 29(4)(b) Failing to pay security bond to bond
administrator $2 000 s. 29(8)(a) Failing to ensure tenant does not sign bond disposal form before residential tenancy
agreement terminates $1 000 s. 29(8)(b) Failing to ensure tenant does not sign bond disposal form without amount of security bond
stipulated $1 000 s. 32 Requiring or receiving rent in excess of court
ordered amount $1 000 s. 33(1)
Failing to give receipt for rent $1 000 s. 34(1)
Failing to keep records of rent received $1 000 s. 51(1)
Failing to notify tenant of lessor’s details $1 000 s. 51(2) Failing to notify tenant of lessor’s name and
property manager’s name and details $1 000 s. 51(3)
Failing to notify tenant of new lessor’s details $1 000 s. 51(4) Failing to notify tenant of change of lessor’s
details within 14 days $1 000 s. 53(1)
Giving false name or place of employment $1 000 s. 53(2) Failing to notify lessor of new place of
employment $1 000 s. 53(3) Failing to provide forwarding address on
vacating premises $1 000 s. 54(1)(a) Failing to give tenant copy of residential tenancy
agreement $1 000
| 1834 | GOVERNMENT GAZETTE, WA | 3 May 2013 |
Residential Tenancies Amendment Regulations 2013
r. 35
Modified
Offences under Residential Tenancies Act 1987 penalty s. 54(1)(b) Failing to give tenant copy of executed
residential tenancy agreement $1 000 s. 57(2A) Executing residential tenancy agreement providing for accelerated rent or liquidated
damages $1 000 s. 59F(1) Lessor or tenant altering, removing or adding
lock without consent $2 000 s. 59F(2) Property manager altering, removing or adding
lock without consent $2 000 s. 63(3)
Giving false or misleading notice of termination $1 000 s. 79(3) Failing to give notice that abandoned goods have
been stored $1 000 s. 80A(6)
Failing to give reclaimed document to person $1 000 s. 80 Entering leased premises to recover possession
without court order $4 000 s. 82C(2) Failing to give written notice of usual use of
residential tenancy database $1 000 s. 82D(2) Failing to give written notice of personal
information in residential tenancy database $1 000 s. 82E(1) Listing personal information in residential
tenancy database contrary to section 82E(1) $1 000 s. 82F(1) Listing personal information in residential
tenancy database contrary to section 82F(1) $1 000 s. 82G(3) Failing to keep copy of written notice under
section 82G(2) for one year $1 000 s. 82H(2) Failing to amend or remove personal information
from residential tenancy database within 14 days $1 000 s. 82I(1) Lessor or lessor’s agent failing to give copy of
personal information within 14 days of request $1 000
3 May 2013 GOVERNMENT GAZETTE, WA 1835 Residential Tenancies Amendment Regulations 2013
r. 35
Modified
Offences under Residential Tenancies Act 1987 penalty s. 82I(2) Database operator failing to give copy of personal information in residential tenancy
database within 14 days of request $1 000 s. 82K(2) Keeping personal information in residential
tenancy database longer than permitted $1 000 s. 93(1) Failing to take reasonable steps to ensure security bond is transferred to bond administrator when
required $1 000 s. 96(2) Failing to pay bond, or part of bond, when
required $1 000
By Command of the Governor,
G. MOORE, Clerk of the Executive Council.
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