Residential Tenancies and Rooming Accommodation Regulation 2009 (Qld)

Residential Tenancies and Rooming Accommodation Regulation 2009

Part 1    Preliminary

1   Short title

This regulation may be cited as the Residential Tenancies and Rooming Accommodation Regulation 2009.

2   Commencement

This regulation commences on 1 July 2009.

3   Dictionary

The dictionary in schedule 7 defines particular terms used in this regulation.

Part 1A    Applications for residential tenancies and rooming accommodation

Division 1 Preliminary

3A   Definition

In this part—

heavy vehicle means a heavy vehicle under the Heavy Vehicle National Law (Queensland).

Division 2 Applications for residential tenancies

3B   Information for required application form—Act, s 57B

For section 57B(4)(g) of the Act, the following information is prescribed—

(a)the prospective tenant’s date of birth;

(b)the number of occupants intended to reside in the premises;

(c)the number of the occupants intended to reside in the premises who are under 18 years;

(d)the number and type of any pets intended to be kept at the premises if approved by the lessor;

(e)the number of each of the following types of vehicles the prospective tenant intends to park on the premises—

(i)boats;

(ii)caravans;

(iii)heavy vehicles;

(iv)trailers;

(v)other motor vehicles;

(f)if the premises are a moveable dwelling in, or intended to be situated in, a moveable dwelling park—the number of each of the types of vehicles mentioned in paragraph (e)(i) to (v) that the prospective tenant intends to park in the moveable dwelling park;

(g)if the prospective tenant can not provide details about their current employment or income—details about the prospective tenant’s financial ability to pay rent, other than statements of credit accounts or bank accounts belonging to the prospective tenant detailing transactions.

3C   Restricted way for submitting application—Act, s 57B

For section 57B(7) of the Act, definition restricted way, paragraph (b), a way that requires the prospective tenant to pay an amount in relation to submitting the application is prescribed.

Examples of ways that require a prospective tenant to pay an amount in relation to submitting an application—

1The prospective tenant is required to pay for a background check to be conducted to submit the application.

2The prospective tenant is required to pay a fee to submit the application to a real estate agent using a particular online platform.

Division 3 Applications for rooming accommodation

3D   Information for required application form—Act, s 76C

For section 76C(3)(g) of the Act, the following information is prescribed—

(a)the prospective resident’s date of birth;

(b)the number of occupants intended to reside in the room;

(c)the number of the occupants intended to reside in the room who are under 18 years;

(d)the number and type of any pets intended to be kept at the rental premises if approved by the provider;

(e)the number of each of the following types of vehicles the prospective resident intends to park on the rental premises—

(i)boats;

(ii)caravans;

(iii)heavy vehicles;

(iv)trailers;

(v)other motor vehicles;

(f)if the prospective resident can not provide details about their current employment or income—details about the prospective resident’s financial ability to pay rent, other than statements of credit accounts or bank accounts belonging to the prospective resident detailing transactions.

3E   Restricted way for submitting application—Act, s 76C

For section 76C(6) of the Act, definition restricted way, paragraph (b), a way that requires the prospective resident to pay an amount in relation to submitting the application is prescribed.

Examples of ways that require a prospective resident to pay an amount in relation to submitting an application—

1The prospective resident is required to pay for a background check to be conducted to submit the application.

2The prospective resident is required to pay a fee to submit the application to a real estate agent using a particular online platform.

Part 2    Standard terms and replacement terms

Division 1 Preliminary

4   Application of pt 2

This part does not apply to—

(a)a residential tenancy agreement for moveable dwelling premises under which the State or a State authority is the lessor; or

(b)a residential tenancy agreement that is not in writing; or

(c)a rooming accommodation agreement that is not in writing.

Division 2 Residential tenancy agreements

5   Purpose of div 2

The purpose of this division is to prescribe, for section 55 of the Act, standard terms for inclusion in a residential tenancy agreement to which this part applies.

6   General tenancy agreements

(1)Schedule 1, part 2 states the standard terms for a residential tenancy agreement to which this part applies, other than a residential tenancy agreement—

(a)for moveable dwelling premises; or

(b)that is a State tenancy agreement.

(2)A residential tenancy agreement to which the standard terms in schedule 1, part 2 apply is a general tenancy agreement.

(3)Schedule 1, part 1 states the information (the tenancy information) about a residential tenancy that must be included in a general tenancy agreement, other than a detail identified in the part as optional.

7   Moveable dwelling tenancy agreements

(1)Schedule 2, part 2 states the standard terms for a residential tenancy agreement for a long tenancy (moveable dwelling) to which this part applies.

(2)A residential tenancy agreement to which the standard terms in schedule 2, part 2 apply is a moveable dwelling tenancy agreement.

(3)Schedule 2, part 1 states the information (also the tenancy information) about a residential tenancy that must be included in a moveable dwelling tenancy agreement, other than a detail identified in the part as optional.

8   State tenancy agreements

(1)Schedule 3, part 2 states the standard terms for a residential tenancy agreement under which—

(a)the lessor is chief executive of the department in which the Housing Act 2003 is administered, acting on behalf of the State; or

(b)the lessor is the State and the tenant is an officer or employee of the State.

(2)A residential tenancy agreement to which the standard terms in schedule 3, part 2 apply is a State tenancy agreement.

(3)Schedule 3, part 1 states the information (also the tenancy information) about a residential tenancy that must be included in a State tenancy agreement, other than a detail identified in the part as optional.

Division 2A Community housing provider tenancy agreements

8A   Purpose of div 2A

The purpose of this division is to prescribe, for section 527C of the Act, replacement terms for inclusion in a community housing provider tenancy agreement.

8B   Community housing provider tenancy agreements

(1)Schedule 3A, part 2 states the replacement terms for a community housing provider tenancy agreement.

(2)Schedule 3A, part 1 states the information (also the tenancy information) for the replacement terms about a residential tenancy that must be included in a community housing provider tenancy agreement.

(3)The tenancy information of the community housing provider tenancy agreement is taken to include—

(a)the following details, if a notice given under section 527C(5) of the Actincludes those details—

(i)the lessor as item 1 of the tenancy information;

(ii)the lessor’s agent as item 3 of the tenancy information;

(iii)the rent amount as item 7 of the tenancy information;

(iv)the day of payment of rent as item 8 of the tenancy information;

(v)the method of payment of rent as item 9 of the tenancy information;

(vi)the place of payment of rent as item 10 of the tenancy information;

(vii)the payment of services for the premises as item 12 of the tenancy information;

(viii)how the services are to be paid as item 14 of the tenancy information; and

(b)the details of the tenancy information for a former agreement, other than tenancy information mentioned in paragraph (a).

(4)In this section—

former agreement, in relation to a community housing provider tenancy agreement, means the existing State tenancy agreement that is terminated under section 527C(2) of the Actand replaced by the community housing provider tenancy agreement.

item, in relation to tenancy information, means a numbered item in schedule 3A, part 1.

Division 3 Rooming accommodation agreements

9   Purpose of div 3

The purpose of this division is to prescribe, for section 73 of the Act, standard terms for inclusion in a rooming accommodation agreement.

10   Rooming accommodation agreements

(1)Schedule 4, part 2 states the standard terms for a rooming accommodation agreement to which this part applies.

(2)Schedule 4, part 1 states the information (the rooming accommodation information) about rooming accommodation that must be included in a rooming accommodation agreement, other than a detail identified in the part as optional.

Division 4 Other matters

11   Order and numbering of provisions

(1)A document purporting to be a residential tenancy agreement or rooming accommodation agreement is taken not to include the standard terms or replacement terms if—

(a)the order in which the standard terms or replacement terms appear in the document is different from the order of the terms as they appear in the relevant schedule for the agreement; or

(b)the way the standard terms or replacement terms are numbered is different from the way the terms are numbered in the relevant schedule for the agreement; or

(c)the tenancy information or rooming accommodation information for the agreement is not properly included in the document as part 1 of the agreement.

(2)However, a subclause in a residential tenancy agreement or rooming accommodation agreement may be numbered using a decimal numbering system instead of a numeric numbering system.

Example—

Subclauses 2(1) to (5) of the standard terms of a general tenancy agreement may be numbered as subclauses 2.1 to 2.5.

(3)If a subclause in a residential tenancy agreement or rooming accommodation agreement is numbered using a decimal numbering system, all consequential numbering changes must be made.

Example—

If a moveable dwelling tenancy agreement is numbered using a decimal numbering system, the reference in clause 29.3 of the standard terms of that agreement to ‘subclause (2)(a) and (b)’ must be changed to ‘subclause 29.2(a) and (b)’.

(4)In this section—

relevant schedule means—

(a)for a general tenancy agreement—schedule 1, part 2; or

(b)for a moveable dwelling tenancy agreement—schedule 2, part 2; or

(c)for a State tenancy agreement—schedule 3, part 2; or

(d)for a community housing provider tenancy agreement—schedule 3A, part 2; or

(e)for a rooming accommodation agreement—schedule 4, part 2.

Part 3    House rules

12   Prescribed house rules—Act, s 267(1)

For section 267(1) of the Act, schedule 5 states the house rules prescribed for rental premises.

Part 4    Approved reasons for listing personal information on a tenancy database

Division 1 Preliminary

13   Purpose of pt 4

The purpose of this part is to prescribe, for section 459(1)(c) of the Act, the reasons for which personal information about a person (the relevant tenant), who was a person named as a tenant in a residential tenancy agreement (the relevant agreement) that has ended, may be listed on a tenancy database.

14   Amount owing for particular approved reasons

(1)This section applies to an approved reason stated in division 2 if the reason relates to an amount owed by the relevant tenant.

(2)The approved reason applies only if the amount owed by the relevant tenant is more than the sum of—

(a)the minimum prescribed amount; and

(b)the amount stated for a tenancy guarantee, if any, applying to the relevant agreement.

(3)In this section—

minimum prescribed amount means—

(a)if the relevant tenant has paid the rental bond amount for the relevant agreement—the amount of the rental bond paid by the relevant tenant; or

(b)otherwise—the amount of 1 week of rent under the relevant agreement.

Note—

See section 180 of the Actfor information about tenancy guarantees.

Division 2 Approved reasons

15   Unpaid rent

A reason for listing personal information about the relevant tenant on a tenancy database is—

(a)the lessor under the relevant agreement gave the relevant tenant, under section 280 of the Act, a notice requiring the relevant tenant to remedy a breach of the relevant agreement relating to unpaid rent; and

(b)the relevant tenant failed to comply with the notice within the allowed remedy period; and

(c)the relevant tenant owes all or some of the amount to the lessor.

16   Amount owing under a conciliation agreement or tribunal order

A reason for listing personal information about the relevant tenant on a tenancy database is—

(a)the relevant tenant owes an amount to the lessor under the relevant agreement, arising from the relevant agreement, that the relevant tenant—

(i)agreed to pay under a conciliation agreement; or

(ii)was ordered to pay by a tribunal; and

(b)the time for paying the amount, under the conciliation agreement or tribunal order, has passed.

17   Amount owing after abandonment

(1)A reason for listing personal information about the relevant tenant on a tenancy database is—

(a)the relevant tenant abandoned the premises that were occupied under the relevant agreement; and

(b)the relevant tenant owes an amount, under the relevant agreement, to the lessor under the relevant agreement.

(2)However, subsection (1) does not apply if the relevant tenant has made an application to a tribunal under section 356 of the Actthat has not been finally dealt with.

18   Objectionable behaviour

A reason for listing personal information about the relevant tenant on a tenancy database is that, on an application by the lessor under the relevant agreement, a tribunal has made a termination order for the relevant agreement under section 345 of the Act.

19   Repeated breaches

A reason for listing personal information about the relevant tenant on a tenancy database is that, on an application by the lessor under the relevant agreement, a tribunal has made a termination order for the relevant agreement under section 347 of the Act.

Part 5    General provisions

19A   Prescribed minimum housing standards—Act, s 17A

(1)For section 17A of the Act, the standards stated in schedule 5A are the prescribed minimum housing standards for the following premises—

(a)residential premises let, or to be let, under a residential tenancy agreement;

(b)premises in which rooming accommodation is, or is to be, provided.

(2)From 1 September 2023, the prescribed minimum housing standards apply to premises if a residential tenancy agreement, or rooming accommodation agreement, for the premises starts on or after that date.

(3)From 1 September 2024, the prescribed minimum housing standards apply to all premises to which the standards do not already apply under subsection (2).

20   Payment under person’s direction—Act, s 141(2)

For section 141(2) of the Act, a person is taken to have contributed to a rental bond if, after making reasonable enquires, the authority is satisfied the person contributed to the rental bond.

21   [Repealed]

22   Prescribed water efficiency requirements—Act, s 166(11)

(1)For section 166(11) of the Act, the following water efficiency requirements are prescribed—

(a)for toilets—a dual flush toilet with—

(i)a maximum water volume of 6.5L for a full flush and 3.5L for a half flush; and

(ii)an average flush volume of not more than 4L;

(b)for shower heads—a maximum flow rate of 9L a minute;

(c)for internal cold water taps installed over a hand basin, kitchen sink or laundry trough—a maximum flow rate of 9L a minute.

(2)For subsection (1)(a)(ii), the average flush volume of a dual flush toilet is the volume worked out using the following formula—      where—

AV means the average flush volume.

FF means the volume of water used for a full flush.

HF means the volume of water used for a half flush.

Example—

A toilet using 6L for a full flush and 3L for a half flush would have an average flush volume of 3.6L.

(3)In this section—

maximum flow rate, for a shower head or tap, means the maximum volume of water that can flow through the shower head or tap as installed.

maximum water volume, for a full or half flush of a dual flush toilet, means the maximum volume of water used for each full or half flush.

23   Proceedings in which lessor’s agent may stand in lessor’s place—Act, s 206(1)(b)

For section 206(1)(b) of the Act, any application a lessor or tenant may make to a tribunal is a prescribed proceeding.

24   Proceedings in which provider’s agent may stand in provider’s place—Act, s 248(1)(b)

For section 248(1)(b) of the Act, any application a provider or resident may make to a tribunal is a prescribed proceeding.

25   Prescribed period for repeated breaches—Act, ss 299(1)(e), 315(1)(e), 376(1)(e) and 382(1)(e)

For sections 299(1)(e), 315(1)(e), 376(1)(e) and 382(1)(e) of the Act, the period prescribed is 12 months.

25A   Supporting evidence—Act, ss 308B and 381B

(1)For sections 308B(1)(b) and 381B(1)(b) of the Act, the following evidence is prescribed—

(a)any of the following orders or notices under the Domestic and Family Violence Protection Act 2012—

(i)a protection order;

(ii)a temporary protection order;

(iii)a police protection notice;

(iv)an interstate order;

(b)an injunction under the Family Law Act 1975 (Cwlth), section 68B(1)(a) or (b) or 114(1)(a);

(c)a report, in the approved form, about domestic violence signed by any of the following entities—

(i)a health practitioner;

(ii)a person who is eligible for membership of the Australian Association of Social Workers;

(iii)a refuge or crisis worker;

(iv)a domestic and family violence support worker or case manager;

(v)an Aboriginal and Torres Strait Islander medical service;

(vi)a solicitor.

(2)In this section—

health practitioner means a person registered under the Health Practitioner Regulation National Law to practise, other than as a student, in any of the following health professions under that law—

(a)Aboriginal and Torres Strait Islander health practice;

(b)medical;

(c)midwifery;

(d)nursing;

(e)occupational therapy;

(f)psychology.

26   Prescribed value for goods left on premises—Act, s 363(2)(a)

For section 363(2)(a) of the Act, the amount prescribed is $1,500.

27   Prescribed value for lost property left on premises—Act, s 393(2)(b) and (6)

(1)For section 393(2)(b) of the Act, the amount prescribed is $150.

(2)For section 393(6) of the Act, the amount prescribed is $600.

28   Storage period for goods left on premises—Act, s 363(3)

For section 363(3) of the Act, the period prescribed is—

(a)for a caravan, its contents and other goods used in occupying the caravan—3 months; or

(b)for other goods—1 month.

29   Procedures for selling goods by auction—Act, s 363

(1)This section prescribes procedures under section 363(5) of the Actfor a person selling goods by auction under section 363(4)(a) of the Act.

(2)The person must make reasonable efforts to contact the person entitled to the goods (the owner) to give the owner notice of the auction.

(3)For subsection (2), reasonable efforts include the following—

(a)attempting to contact the owner by telephone, including text message, email or private message on a social media platform;

(b)attempting to contact an emergency contact listed on the owner’s residential tenancy agreement;

(c)publishing a notice in an online newspaper for the city or State in which the owner is or was residing.

(4)If, after making reasonable efforts to contact the owner under this section, the person is unable to contact the owner or the owner does not make a claim to possession of the goods, the person may sell the goods by auction.

30   When a person is related to a director—Act, s 478(1)(a)

For section 478(1)(a) of the Act, a person is related to a director if any of the following applies—

(a)the person is, or has been, the director’s spouse;

(b)the person is the director’s child and is entirely or substantially dependent on the director;

(c)the person is entirely or substantially dependent on the director and the person’s affairs are so closely connected with the affairs of the director that a benefit derived by the person, or a substantial part of it, could pass to the director;

(d)the director is entirely or substantially dependent on the person and the director’s affairs are so closely connected with the affairs of the person that a benefit derived by the director, or a substantial part of it, could pass to the person.

31   When a director is related to a person—Act, s 478(3)

For section 478(3) of the Act, a director is related to a person if any of the following applies—

(a)the director is, or has been, the person’s spouse;

(b)the person is the director’s child and is entirely or substantially dependent on the director;

(c)the person is entirely or substantially dependent on the director and the person’s affairs are so closely connected with the affairs of the director that a benefit derived by the person, or a substantial part of it, could pass to the director;

(d)the director is entirely or substantially dependent on the person and the director’s affairs are so closely connected with the affairs of the person that a benefit derived by the director, or a substantial part of it, could pass to the person.

32   When a person is related to an employee—Act, s 518(1)(a)

For section 518(1)(a) of the Act, a person is related to an employee if any of the following applies—

(a)the person is, or has been, the employee’s spouse;

(b)the person is the employee’s child and is entirely or substantially dependent on the employee;

(c)the person is entirely or substantially dependent on the employee and the person’s affairs are so closely connected with the affairs of the employee that a benefit derived by the person, or a substantial part of it, could pass to the employee.

33   Prescribed days for certain provisions—Act, ss 544(2), 547(1) and 548(2)

(1)For section 544(2) of the Act, the day prescribed is 1 July 2010.

(2)For section 547(1) of the Act, the day prescribed is 1 July 2010.

(3)For section 548(2) of the Act, the day prescribed is 1 January 2010.

34   Fees

The fees payable under the Act are in schedule 6.

Part 6    Transitional provisions for Residential Tenancies and Rooming Accommodation Amendment Regulation (No. 1) 2014

35   Statements, documents, agreements and keys under existing State tenancy agreements

(1)This section applies if—

(a)in relation to an existing State tenancy agreement—

(i)the State has given a statement or document to a tenant; or

(ii)the State has entered into an agreement with a tenant, other than a repayment agreement; or

(iii)the State has supplied locks and keys for the premises to a tenant; and

Examples for paragraph (a)—

an agreement about fixtures under clause 25 of an existing State tenancy agreement

a copy of a body corporate by-laws under the Body Corporate and Community Management Act 1997 given for a townhouse under clause 20 of an existing State tenancy agreement

(b)the replacement lessor for the existing State tenancy agreement has given a notice to the State under section 527C of the Act.

(2)The statement, document or agreement is taken to be a statement, document or agreement for the purposes of the community housing provider tenancy agreement.

(3)The replacement lessor is taken to have supplied locks and keys for the premises to the tenant.

(4)In this section—

repayment agreement, in relation to an existing State tenancy agreement, means a written agreement entered into by the tenant and the State under the existing State tenancy agreement as a result of noncompliance with a housing assistance agreement.

36   Entry condition reports under existing State tenancy agreements

(1)This section applies if—

(a)there is an entry condition report for an existing State tenancy agreement; and

(b)the replacement lessor for the existing State tenancy agreement has given a notice to the State under section 527C of the Act.

(2)The entry condition report is taken to be the entry condition report for the community housing provider tenancy agreement and binds the parties to that agreement.

37   No requirement for exit condition reports or supply of keys under existing State tenancy agreements

(1)This section applies if a replacement lessor for an existing State tenancy agreement has given a notice to the State under section 527C of the Act.

(2)Despite the termination of the existing State tenancy agreement—

(a)the tenant is not required to return to the lessor all keys under clause 36 of the existing State tenancy agreement; and

(b)the tenant is not required to prepare an exit condition report for the premises under clause 38 of the existing State tenancy agreement.

38   Rent paid in advance under existing State tenancy agreements

(1)This section applies if, in relation to an existing State tenancy agreement—

(a)the replacement lessor has given a notice to the State under section 527C of the Act; and

(b)the tenant has paid the State an amount for rent in advance that relates to a period after the date stated in the notice.

(2)The rent relating to the period after the date stated in the notice must be paid by the State to the replacement lessor.

(3)The amount paid by the State to the replacement lessor is taken to be a payment of rent in advance by the tenant under the community housing provider tenancy agreement.

Schedule 1 General tenancy agreements

section 6

Part 1    Tenancy details

   

Item

1   Lessor

1.1Lessor’s name and address for service.

1.2Any other contact details for the lessor.

Note—

Item 1.2 is optional.

2   Tenant

2.1Tenant’s name.

2.2Any address for service or other contact details for the tenant.

Note—

Item 2.2 is optional. See clause 44.

3   Lessor’s agent

3.1If the lessor has an agent, the agent’s name and address for service.

3.2Any other contact details for the agent.

Note—

Item 3.2 is optional.

4   Service of notices by email or facsimile

4.1Whether a notice may be given to the lessor by email or facsimile.

4.2Whether a notice may be given to the tenant by email or facsimile.

4.3Whether a notice may be given to the lessor’s agent by email or facsimile.

5   Premises

5.1The address of the premises.

5.2Any inclusions for the premises.

Examples of inclusions—

furniture or other household goods let with the premises

5.3Details of any repair orders applying to the premises or inclusions for the premises.

6   Term of agreement

6.1Whether the agreement is a fixed term agreement or periodic agreement.

6.2The day the agreement starts.

6.3If the agreement is a fixed term agreement, the day the agreement finishes.

7   Rent—amount

The rent amount and whether it must be paid weekly, fortnightly or monthly.

Note—

See clause 8(1).

8   Rent—day of payment

The day of each week, fortnight or month on which the rent must be paid.

Note—

See clause 8(2).

9   Rent—methods of payment

The ways for the tenant to pay the rent.

Note—

See clause 8(3)(a).

10   Rent—place of payment

Where the rent must be paid.

Note—

Item 10 is optional. See clause 8(6) to (8).

10A   Rent—day of last increase

The day the rent was last increased for the premises.

11   Rental bond

The amount of any rental bond.

Note—

See clause 13.

12   Services

12.1Any services supplied to the premises, other than water, for which the tenant must pay.

Examples of services—

electricity and gas

Note—

See clause 16.

12.2Whether the tenant must pay for water supplied to the premises.

Note—

See clause 17.

13   Apportionment of charges

For each service listed for item 12.1, other than a service for which the premises are individually metered, the apportionment of the cost of the service that the tenant must pay.

Example of how an apportionment might be worked out—

the tenant must pay a percentage of the total charge

Note—

See clause 16(c).

14   How services must be paid for

For each service listed for item 12.1, how the tenant must pay for the service.

Note—

See clause 16(d).

15   Number of occupants

The number of persons allowed to reside at the premises.

Note—

See clause 23.

16   Body corporate by-laws

16.1Whether body corporate by-laws apply to the tenant’s occupation of the premises.

16.2Whether the tenant has been given a copy of the relevant by-laws.

Note—

See clause 22.

17   Pets

The type and number of pets approved by the lessor to be kept at the premises.

Note—

See clauses 33A to 33D.

18   Nominated repairers

18.1The name and telephone number of the lessor’s nominated repairer for each of the following repairs—

(a)electrical repairs;

(b)plumbing repairs;

(c)other repairs.

18.2Whether or not the nominated repairer is the tenant’s first point of contact for notifying of the need for emergency repairs.

Note—

This item does not apply if clause 31 does not apply (see clause 31(4)).

Part 2    Standard terms

Division 1 Preliminary

1   Interpretation

In this agreement—

(a)a reference to the premises includes a reference to any inclusions for the premises stated in this agreement for item 5.2; and

(b)a reference to a numbered section is a reference to the section in the Act with that number; and

(c)a reference to a numbered item is a reference to the item with that number in part 1; and

(d)a reference to a numbered clause is a reference to the clause of this agreement with that number.

2   Terms of a general tenancy agreement

(1)This part states, under the Residential Tenancies and Rooming Accommodation Act 2008 (the Act), section 55, the standard terms of a general tenancy agreement.

(2)The Act also imposes duties on, and gives entitlements to, the lessor and tenant that are taken to be included as terms of this agreement.

(3)The lessor and tenant may agree on other terms of this agreement (special terms).

(4)A duty or entitlement under the Act overrides a standard term or special term if the term is inconsistent with the duty or entitlement.

(5)A standard term overrides a special term if they are inconsistent.

Note—

Some breaches of this agreement may also be an offence under the Act, for example, if—

•the lessor or the lessor’s agent enters the premises in contravention of the rules of entry under sections 192 to 199; or

•the tenant does not sign and return the condition report to the lessor or the lessor’s agent under section 65.

3   More than 1 lessor or tenant

(1)This clause applies if more than 1 person is named in this agreement for item 1 or 2.

(2)Each lessor named in this agreement for item 1 must perform all of the lessor’s obligations under this agreement.

(3)Each tenant named in this agreement for item 2—

(a)holds their interest in the tenancy as a tenant in common unless a special term states the tenants are joint tenants; and

(b)must perform all the tenant’s obligations under this agreement.

Division 2 Period of tenancy

4   Start of tenancy

(1)The tenancy starts on the day stated in this agreement for item 6.2.

(2)However, if no day is stated or if the stated day is before the signing of this agreement, the tenancy starts when the tenant is or was given a right to occupy the premises.

5   Entry condition report—s 65

(1)The lessor must prepare, in the approved form, sign and give the tenant 1 copy of a condition report for the premises.

(2)The copy must be given to the tenant on or before the day the tenant occupies the premises under this agreement.

(3)The tenant must mark the copy of the report to show any parts the tenant disagrees with, and sign and return the copy to the lessor not later than 7 days after the later of the following days—

(a)the day the tenant occupies the premises;

(b)the day the tenant is given the copy of the condition report.

Note—

A well completed condition report can be very important to help the parties if there is a dispute about the condition of the premises when the tenancy started. For more information about condition reports, see the information statement.

(4)After the copy of the condition report is returned to the lessor by the tenant, the lessor must copy the condition report and return it to the tenant within 14 days.

(5)However, the lessor does not have to prepare a condition report for the premises if—

(a)this agreement has the effect of continuing the tenant’s right to occupy the premises under an earlier residential tenancy agreement; and

(b)in accordance with the Act, a condition report was prepared for the premises for the earlier residential tenancy agreement.

(6)If a condition report is not prepared for this agreement because subclause (5) applies, the condition report prepared for the earlier residential tenancy agreement is taken to be the condition report for this agreement.

6   Continuation of fixed term agreement—s 70

(1)This clause applies if—

(a)this agreement is a fixed term agreement; and

(b)none of the following notices are given, or agreements or applications made before the day the term ends (the end day)—

(i)a notice to leave;

(ii)a notice of intention to leave;

(iii)an abandonment termination notice;

(iv)a notice, agreement or application relating to the death of a sole tenant under section 277(7);

(v)a written agreement between the lessor and tenant to end the agreement.

(2)This agreement, other than a term about this agreement’s term, continues to apply after the end day on the basis that the tenant is holding over under a periodic agreement.

Note—

For more information about the notices, see the information statement.

7   Costs apply to early ending of fixed term agreement—s 357A

(1)This clause applies if—

(a)this agreement is a fixed term agreement; and

(b)the tenant ends this agreement before the term ends in a way not permitted under the Act.

(2)The tenant must pay the reletting costs under section 357A(3).

Note—

For when the tenant may end this agreement early under the Act, see clause 36 and the information statement.

(3)This clause does not apply if, after experiencing domestic violence, the tenant ends this agreement or the tenant’s interest in this agreement under chapter 5, part 1, division 3, subdivision 2A of the Act.

Division 3 Rent

8   When, how and where rent must be paid—ss 83–85

(1)The tenant must pay the rent stated in this agreement for item 7.

(2)The rent must be paid at the times stated in this agreement for item 8.

(3)The rent must be paid—

(a)in a way stated in this agreement for item 9; or

Note—

At least 2 ways for the tenant to pay the rent must be stated in this agreement. See section 83.

(b)in the way agreed after the signing of this agreement by—

(i)the lessor or tenant giving the other party a notice proposing the way; and

(ii)the other party agreeing to the proposal in writing; or

(c)if the lessor intends to change the way rent is paid to a way that is not stated in this agreement for item 9 and no way is agreed to after the signing of this agreement—in a way the lessor proposes by written notice to the tenant under section 84A.

(4)The lessor must give the tenant written notice advising of the costs associated with the ways to pay rent offered to the tenant that the tenant would not reasonably be aware of if the lessor or lessor’s agent knows or could reasonably be expected to find out about the costs.

(5)Also, the lessor must declare any financial benefit the lessor or lessor’s agent may receive if the tenant uses a particular way to pay rent.

(6)The rent must be paid at the place stated in this agreement for item 10.

(7)However, if, after the signing of this agreement, the lessor gives a notice to the tenant stating a different place for payment and the place is reasonable, the rent must be paid at the place while the notice is in force.

(8)If no place is stated in this agreement for item 10 and there is no notice stating a place, the rent must be paid at an appropriate place.

Examples of an appropriate place—

•the lessor’s address for service

•the lessor’s agent’s office

9   Rent in advance—s 87

The lessor may require the tenant to pay rent in advance only if the payment is not more than—

(a)for a periodic agreement—2 weeks rent; or

(b)for a fixed term agreement—1 month rent.

Note—

Under section 87(2), the lessor or the lessor’s agent must not require a payment of rent under this agreement in a period for which rent has already been paid.

10   Rent increases—ss 91 and 93

(1)If the lessor proposes to increase the rent, the lessor must give notice of the proposal to the tenant.

(2)The notice must state the amount of the increased rent and the day from when it is payable.

(3)The day stated must not be earlier than the later of the following—

(a)2 months after the notice is given;

(b)12 months after the last rent increase for the premises under section 93.

(4)Subject to an order of a tribunal, the increased rent is payable from the day stated in the notice, and this agreement is taken to be amended accordingly.

(5)However, the increased rent is payable by the tenant only if—

(a)the rent is increased in compliance with this clause; and

(b)the increased rent is not payable before the end of the minimum period before the rent may be increased under section 93; and

(c)the increase in rent does not relate to—

(i)compliance of the premises or inclusions with the prescribed minimum housing standards; or

(ii)keeping a pet or working dog at the premises.

(6)Also, if this agreement is a fixed term agreement, the rent may not be increased before the term ends unless—

(a)this agreement provides for the rent increase; and

(b)this agreement states the amount of the increase or how the amount of the increase is to be worked out: and

(c)the increase is made in compliance with the matters mentioned in paragraph (b).

11   Application to tribunal about excessive increase—s 92

(1)After the lessor gives the tenant notice of a proposed rent increase, the tenant may apply to the tribunal for an order setting aside or reducing the increase if the tenant believes the increase—

(a)is excessive; or

(b)is not payable under clause 10.

(2)However, the application must be made—

(a)within 30 days after the notice is received; and

(b)for a fixed term agreement—before the term ends.

12   Rent decreases—s 94

Under section 94, the rent may decrease in certain situations.

Note—

For details of the situations, see the information statement.

Division 4 Rental bond

13   Rental bond required—ss 111 and 116

(1)If a rental bond is stated in this agreement for item 11, the tenant must pay to the lessor or the lessor’s agent the rental bond amount—

(a)if a special term requires the bond to be paid at a stated time—at the stated time; or

(b)if a special term requires the bond to be paid by instalments—by instalments; or

(c)otherwise—when the tenant signs this agreement.

Note—

There is a maximum bond that may be required. See section 146 and the information statement.

(2)The lessor or the lessor’s agent must, within 10 days of receiving the bond or a part of the bond, pay it to the authority and give the authority a notice, in the approved form, about the bond.

(3)The bond is intended to be available to financially protect the lessor if the tenant breaches this agreement.

Example—

The lessor may claim against the bond if the tenant does not leave the premises in the required condition at the end of the tenancy.

Note—

For how to apply to the authority or a tribunal for the bond at the end of the tenancy, see the information statement and sections 125 to 141. Delay in applying may mean that payment is made on another application for payment.

14   Increase in bond—s 154

(1)The tenant must increase the rental bond if—

(a)the rent increases and the lessor gives notice to the tenant to increase the bond; and

(b)the notice is given at least 11 months after—

(i)this agreement started; or

(ii)if the bond has been increased previously by a notice given under this clause—the day stated in the notice, or the last notice, for making the increase.

(2)The notice must state the increased amount and the day by which the increase must be made.

(3)For subclause (2), the day must be at least 1 month after the tenant is given the notice.

Division 5 Outgoings

15   Outgoings—s 163

(1)The lessor must pay all charges, levies, premiums, rates or taxes for the premises, other than a service charge.

Examples—

body corporate levies, council general rates, sewerage charges, environment levies, land tax

(2)This clause does not apply if—

(a)the lessor is the State; and

(b)rent is not payable under the agreement; and

(c)the tenant is an entity receiving financial or other assistance from the State to supply rented accommodation to persons.

16   General service charges—ss 164 and 165

The tenant must pay a service charge, other than a water service charge, for a service supplied to the premises during the tenancy if—

(a)the tenant enjoys or shares the benefit of the service; and

(b)the service is stated in this agreement for item 12.1; and

(c)either—

(i)the premises are individually metered for the service; or

(ii)this agreement states for item 13 how the tenant’s apportionment of the cost of the service is to be worked out; and

(d)this agreement states for item 14 how the tenant must pay for the service.

Note—

Section 165(3) limits the amount the tenant must pay.

17   Water service charges—ss 164, 166 and 166A

(1)The tenant must pay an amount for the water consumption charges for the premises if—

(a)the tenant is enjoying or sharing the benefit of a water service to the premises; and

(b)the premises are individually metered for the supply of water or water is supplied to the premises by delivery by means of a vehicle; and

(c)this agreement states for item 12.2 that the tenant must pay for water supplied to the premises.

Note—

A water consumption charge does not include the amount of a water service charge that is a fixed charge for the water service.

(2)However, the tenant does not have to pay an amount—

(a)that is more than the amount of the water consumption charges payable to the relevant water supplier; or

(b)that is a fixed charge for the water service to the premises.

(3)Also, the tenant does not have to pay an amount for a reasonable quantity of water supplied to the premises for a period if, during the period, the premises are not water efficient for section 166.

Note—

For details about water efficiency, see the information statement.

(4)In deciding what is a reasonable quantity of water for subclause (3), regard must be had to the matters mentioned in section 169(4)(a) to (e).

(5)The lessor must give the tenant copies of relevant documents about the amount payable to the relevant water supplier within 4 weeks after the lessor receives the documents.

(6)The tenant must pay the amount of the charge to the lessor within 1 month of the lessor giving the tenant copies of relevant documents about the incurring of the amount.

(7)The tenant is not required to pay an amount for the water consumption charges if the tenant has not received a copy of the documents about the amount payable to the relevant water supplier.

(8)Subclause (9) applies if water consumption charges are payable for a period that includes part but not all of a period specified, or to be specified, in a water consumption charges document.

(9)The tenant may be required to pay an amount calculated under section 166A using—

(a)a meter reading for the premises recorded in a condition report; and

(b)a reasonable estimate of the volume of water supplied to the premises during the period for which water consumption charges are payable by the tenant mentioned in subclause (8); and

(c)the rate used to calculate the water consumption charge stated in the most recent water consumption charges document.

(10)In this clause—

water consumption charge, for premises, means the variable part of a water service charge assessed on the volume of water supplied to the premises.

Note—

If there is a dispute about how much water (or any other service charge) the tenant should pay, the lessor or the tenant may attempt to resolve the dispute by conciliation. See the information statement for details.

water consumption charges document means a document, issued to the lessor by the relevant water supplier, stating the amount of water consumption charges for the premises that are payable to the supplier.

Division 6 Rights and obligations concerning the premises during tenancy

Subdivision 1 Occupation and use of premises

18   No legal impediments to occupation—s 181

The lessor must ensure there is no legal impediment to occupation of the premises by the tenant as a residence for the term of the tenancy if, when entering into this agreement, the lessor knew about the impediment or ought reasonably to have known about it.

Examples of possible legal impediments—

•if there is a mortgage over the premises, the lessor might need to obtain approval from the mortgagee before the tenancy can start

•a certificate might be required under the Building Act 1975 before the premises can lawfully be occupied

•the zoning of the land might prevent use of a building on the land as a residence

19   Vacant possession and quiet enjoyment—ss 182 and 183

(1)The lessor must ensure the tenant has vacant possession of the premises (other than a part of the premises that the tenant does not have a right to occupy exclusively) on the day the tenant is entitled to occupy the premises under this agreement.

Editor’s note—

Parts of the premises where the tenant does not have a right to occupy exclusively may be identified in a special term.

(2)The lessor must take reasonable steps to ensure the tenant has quiet enjoyment of the premises.

(3)The lessor or the lessor’s agent must not interfere with the reasonable peace, comfort or privacy of the tenant in using the premises.

20   Lessor’s right to enter the premises—ss 192–199

The lessor or the lessor’s agent may enter the premises during the tenancy only if the obligations under sections 192 to 199 have been complied with.

Note—

See the information statement for details.

21   Tenant’s use of premises—ss 10 and 184

(1)The tenant may use the premises only as a place of residence or mainly as a place of residence or for another use allowed under a special term.

(2)The tenant must not—

(a)use the premises for an illegal purpose; or

(b)cause a nuisance by the use of the premises; or

Examples of things that may constitute a nuisance—

•using paints or chemicals on the premises that go onto or cause odours on adjoining land

•causing loud noises

•allowing large amounts of water to escape onto adjoining land

(c)interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant; or

(d)allow another person on the premises to interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant.

22   Units and townhouses—s 69

(1)The lessor must give the tenant a copy of any body corporate by-laws applicable to—

(a)the occupation of the premises; or

(b)any common area available for use by the tenant with the premises.

(2)The tenant must comply with the body corporate by-laws.

(3)Subclause (1) does not apply if—

(a)this agreement has the effect of continuing the tenant’s right to occupy the premises under an earlier residential tenancy agreement; and

(b)the lessor gave the tenant a copy of the body corporate by-laws in relation to the earlier agreement.

23   Number of occupants allowed

No more than the number of persons stated in this agreement for item 15 may reside at the premises.

Subdivision 2 Standard of premises

25   Lessor’s obligations—s 185

(1)At the start of the tenancy, the lessor must ensure—

(a)the premises are clean; and

(b)the premises are fit for the tenant to live in; and

(c)the premises are in good repair; and

(d)the lessor is not in breach of a law dealing with issues about the health or safety of persons using or entering the premises; and

(e)the premises and inclusions otherwise comply with any prescribed minimum housing standards applying to the premises or inclusions.

(2)While the tenancy continues, the lessor must—

(a)maintain the premises in a way that the premises remain fit for the tenant to live in; and

(b)maintain the premises in good repair; and

(c)ensure the lessor is not in breach of a law dealing with issues about the health or safety of persons using or entering the premises; and

(d)keep any common area included in the premises clean; and

(e)ensure the premises and inclusions otherwise comply with any prescribed minimum housing standards applying to the premises or inclusions.

Note—

For details about the maintenance, see the information statement.

(3)However, the lessor is not required to comply with subclause (1)(c) or (2)(a) for any non-standard items and the lessor is not responsible for their maintenance if—

(a)the lessor is the State; and

(b)the non-standard items are stated in this agreement and this agreement states the lessor is not responsible for their maintenance; and

(c)the non-standard items are not necessary and reasonable to make the premises a fit place in which to live; and

(d)the non-standard items are not a risk to health or safety; and

(e)for fixtures—the fixtures were not attached to the premises by the lessor.

(4)In this clause—

non-standard items means the fixtures attached to the premises and inclusions supplied with the premises stated in this agreement for item 5.2.

premises include any common area available for use by the tenant with the premises.

26   Tenant’s obligations generally—s 188(2), (3) and (5)

(1)The tenant must keep the premises clean, having regard to their condition at the start of the tenancy.

(2)The tenant must not maliciously damage, or allow someone else to maliciously damage, the premises.

(3)The tenant’s obligations under this clause do not apply to the extent the obligations would have the effect of requiring the tenant to repair, or compensate the lessor for, damage to the premises or inclusions caused by an act of domestic violence experienced by the tenant.

Subdivision 3 The dwelling

27   Fixtures or structural changes—ss 207–209

(1)The tenant may attach a fixture, or make a structural change, to the premises only if—

(a)the tenant gives the lessor a request, in the approved form, for approval to attach the fixture or make the structural change; and

(b)the lessor approves the request; and

(c)for body corporate premises—the body corporate approves the request.

Note—

Fixtures are generally items permanently attached to land or to a building that are intended to become part of the land or building. Attaching a fixture may include, for example, gluing, nailing or screwing the fixture to a wall.

(2)The lessor must—

(a)decide the request—

(i)within 28 days after receiving the request; or

(ii)if the premises are not body corporate premises—within a longer period, if agreed to by the tenant and lessor; and

(b)advise the tenant of the lessor’s decision; and

(c)if the lessor approves the request and the premises are body corporate premises—

(i)state that the lessor’s approval is subject to the approval of the body corporate; and

(ii)give the request to the body corporate within 28 days after receiving the request; and

(iii)advise the tenant as soon as reasonably practicable of the body corporate’s decision about the request.

(3)If the lessor approves the request, the lessor must give the tenant an agreement that—

(a)is in writing; and

(b)describes the nature of the fixture or structural change; and

(c)states any conditions of the agreement, including any conditions given by the body corporate.

Examples of conditions—

•that the tenant must maintain the fixture in a particular way

•that the tenant must remove the fixture

•that the tenant must repair damage caused by removing the fixture

•that the lessor must compensate the tenant for the fixture if the tenant can not remove it

(4)The tenant must comply with any conditions given by the lessor or body corporate.

(5)In this clause—

body corporate premises means premises—

(a)that are part of a body corporate scheme; and

(b)for which, under a body corporate law or body corporate by-law, the approval of the body corporate is required for the attachment of a fixture, or the making of a structural change, to the premises.

27A   Action by lessor for breach of agreement about fixture or structural change—s 209A

(1)This clause applies if—

(a)the tenant attaches a fixture, or makes a structural change, to the premises; and

(b)the lessor’s approval is required under section 208 to attach the fixture or make the structural change; and

(c)the tenant does not attach the fixture, or make the structural change, in accordance with the lessor’s agreement.

(2)The lessor may—

(a)take action for a breach of a term of this agreement; or

(b)waive the breach (that is, not take action for the breach) and treat the fixture or structural change as an improvement to the premises for the lessor’s benefit (that is, treat the fixture or structural change as belonging to the lessor, without having to compensate the tenant for it).

(3)In this clause—

lessor’s agreement means the agreement given to the tenant by the lessor under section 208 about attaching the fixture, or making the structural change, to the premises.

28   Supply of locks and keys—s 210

(1)The lessor must supply and maintain all locks necessary to ensure the premises are reasonably secure.

(2)The lessor must give the tenant, or if there is more than 1 tenant, 1 of the tenants, a key for each lock that—

(a)secures an entry to the premises; or

(b)secures a road or other place normally used to gain access to, or leave, the area or building in which the premises are situated; or

(c)is part of the premises.

(3)If there is more than 1 tenant, the lessor must give the other tenants a key for the locks mentioned in subclause (2)(a) and (b).

29   Changing locks—ss 211 and 212

(1)The lessor or tenant may change a lock at the premises only if—

(a)the other party to this agreement agrees to the change; or

(b)the lessor or tenant has a reasonable excuse for making the change; or

(c)the lessor or tenant believes the change is necessary because of an emergency; or

(d)the lock is changed to comply with an order of the tribunal.

(2)However, the tenant may also change a lock at the premises if the tenant—

(a)believes the change is necessary to protect the tenant or another occupant of the premises from domestic violence; and

(b)engages a locksmith or other qualified tradesperson to change the lock.

(3)The lessor or tenant must not act unreasonably in failing to agree to the change of a lock.

(4)If the lessor or tenant changes a lock, the lessor or tenant must give the other party to this agreement a key for the changed lock, unless—

(a)the other party agrees to not being given the key; or

(b)a tribunal orders that the key not be given to the other party.

(5)If the tenant changes a lock under subclause (2) and gives the lessor a key for the changed lock, the lessor must not give the key to any other person without the tenant’s agreement or a reasonable excuse.

(6)The right of the lessor or tenant to change a lock under this clause is subject to any of the following laws that apply to the premises—

(a)the Body Corporate and Community Management Act 1997;

(b)the Building Units and Group Titles Act 1980;

(c)a body corporate by-law.

Subdivision 4 Damage and repairs

30   Meaning of emergency and routine repairs—ss 214 and 215

(1)Emergency repairs are works needed to repair any of the following—

(a)a burst water service or serious water service leak;

(b)a blocked or broken lavatory system;

(c)a serious roof leak;

(d)a gas leak;

(e)a dangerous electrical fault;

(f)flooding or serious flood damage;

(g)serious storm, fire or impact damage;

(h)a failure or breakdown of the gas, electricity or water supply to the premises;

(i)a failure or breakdown of an essential service or appliance on the premises for hot water, cooking or heating;

(j)a fault or damage that makes the premises unsafe or insecure;

(k)a fault or damage likely to injure a person, damage property or unduly inconvenience a resident of the premises;

(l)a serious fault in a staircase, lift or other common area of the premises that unduly inconveniences a resident in gaining access to, or using, the premises.

(2)Also, emergency repairs are works needed for the premises or inclusions to comply with the prescribed minimum housing standards.

(3)Routine repairs are repairs other than emergency repairs.

31   Nominated repairer for emergency repairs—s 216

(1)The lessor’s nominated repairer for emergency repairs of a particular type must be stated either—

(a)in this agreement for item 18; or

(b)in a written notice given by the lessor to the tenant.

(2)Item 18 or the written notice must state—

(a)the name and telephone number of the nominated repairer; and

(b)whether or not the nominated repairer is the tenant’s first point of contact for notifying of the need for emergency repairs.

(3)The lessor must give written notice to the tenant of any change of the lessor’s nominated repairer or the telephone number of the nominated repairer.

(4)This clause does not apply if—

(a)the lessor has given the tenant a telephone number of the lessor; and

(b)under this agreement the lessor is to arrange for emergency repairs to be made to the premises or inclusions.

32   Notice of damage—s 217

(1)If the tenant knows the premises have been damaged, the tenant must give notice as soon as practicable of the damage.

(2)If the premises need routine repairs, the notice must be given to the lessor.

(3)If the premises need emergency repairs, the notice must be given to—

(a)the nominated repairer for the repairs; or

(b)if there is no nominated repairer for the repairs or the repairer can not be contacted—the lessor.

(4)This clause does not apply to the tenant for damage caused by an act of domestic violence experienced by the tenant.

33   Emergency repairs arranged by tenant—ss 218 and 219

(1)The tenant may arrange for a suitably qualified person to make emergency repairs or apply to the tribunal under section 221 for orders about the repairs if—

(a)the tenant has been unable to notify the lessor or nominated repairer of the need for emergency repairs of the premises; or

(b)the repairs are not made within a reasonable time after notice is given.

(2)The maximum amount that may be incurred for emergency repairs arranged to be made by the tenant is an amount equal to the amount payable under this agreement for 4 weeks rent.

Note—

For how the tenant may require reimbursement for the repairs, see sections 219(2) and (3) and 220 and the information statement.

Subdivision 5 Pets

33A   Keeping pets and other animals at premises—ss 184B and 184G

(1)The tenant may keep a pet or other animal at the premises only with the approval of the lessor.

(2)However, the tenant may keep a working dog at the premises without the lessor’s approval.

(3)The tenant has the approval of the lessor to keep a pet at the premises if keeping the pet at the premises is consistent with item 17.

Notes—

1If item 17 states 2 cats, the tenant is approved by the lessor to keep up to 2 cats at the premises.

2For additional approvals to keep a pet or other animal at the premises see clause 33C.

(4)An authorisation to keep the pet or working dog at the premises continues for the life of the pet or working dog and is not affected by any of the following matters—

(a)the ending of this agreement, if the tenant continues occupying the premises under a new agreement;

(b)a change in the lessor or lessor’s agent;

(c)for a working dog—the retirement of the dog from the service the dog provided as a working dog.

(5)An authorisation to keep a pet, working dog or other animal at the premises may be restricted by a body corporate by-law or other law about keeping animals at the premises.

Examples—

1The premises may be subject to a local law that limits the number or types of animals that may be kept at the premises.

2The premises may be subject to a body corporate by-law that requires the tenant to obtain approval from the body corporate before keeping a pet at the premises.

33B   Tenant responsible for pets and other animals—s 184C

(1)The tenant is responsible for all nuisance caused by a pet or other animal kept at the premises, including, for example, noise caused by the pet or other animal.

(2)The tenant is responsible for repairing any damage to the premises or inclusions caused by the pet or other animal.

(3)Damage to the premises or inclusions caused by the pet or other animal is not fair wear and tear.

33C   Request for approval to keep pet—ss 184D and 184E

(1)The tenant may, using the approved form, request the lessor’s approval to keep a stated pet at the premises.

(2)The lessor must respond to the tenant’s request within 14 days after receiving the request.

(3)The lessor’s response to the request must be in writing and state—

(a)whether the lessor approves or refuses the tenant’s request; and

(b)if the lessor approves the tenant’s request subject to conditions—the conditions of the approval; and

Note—

See clause 33D for limitations on conditions of approval to keep a pet at the premises.

(c)if the lessor refuses the tenant’s request—

(i)the grounds for the refusal; and

(ii)the reasons the lessor believes the grounds for the refusal apply to the request.

(4)The lessor may refuse the request for approval to keep a pet at the premises only on 1 or more of the following grounds—

(a)keeping the pet would exceed a reasonable number of animals being kept at the premises;

(b)the premises are unsuitable for keeping the pet because of a lack of appropriate fencing, open space or another thing necessary to humanely accommodate the pet;

(c)keeping the pet is likely to cause damage to the premises or inclusions that could not practicably be repaired for a cost that is less than the amount of the rental bond for the premises;

(d)keeping the pet would pose an unacceptable risk to the health and safety of a person, including, for example, because the pet is venomous;

(e)keeping the pet would contravene a law;

(f)keeping the pet would contravene a body corporate by-law applying to the premises;

(g)if the lessor proposed reasonable conditions for approval and the conditions comply with clause 33D—the tenant has not agreed to the conditions;

(h)the animal stated in the request is not a pet as defined in section 184A;

(i)another ground prescribed by a regulation under section 184E(1)(j).

(5)The lessor is taken to approve the keeping of the pet at the premises if—

(a)the lessor does not comply with subclause (2); or

(b)the lessor’s response does not comply with subclause (3).

33D   Conditions for approval to keep pet at premises—s 184F

(1)The lessor’s approval to keep a pet at the premises may be subject to conditions if the conditions—

(a)relate only to keeping the pet at the premises; and

(b)are reasonable having regard to the type of pet and the nature of the premises; and

(c)are stated in the written approval given to the tenant in a way that is consistent with clause 33C(3).

(2)Without limiting subclause (1)(b), the following conditions of the lessor’s approval are taken to be reasonable—

(a)if the pet is not a type of pet ordinarily kept inside—a condition requiring the pet to be kept outside at the premises;

(b)if the pet is capable of carrying parasites that could infest the premises—a condition requiring the premises to be professionally fumigated at the end of the tenancy;

(c)if the pet is allowed inside the premises—a condition requiring carpets in the premises to be professionally cleaned at the end of the tenancy.

(3)A condition of the lessor’s approval to keep a pet at the premises is void if the condition—

(a)would have the effect of the lessor contravening section 171 or 172; or

(b)would, as a term of this agreement, be void under section 173; or

(c)would increase the rent or rental bond payable by the tenant; or

(d)would require any form of security from the tenant.

(4)For subclause (2), the premises are professionally fumigated, and carpets are professionally cleaned, if the fumigation and cleaning are done to a standard ordinarily achieved by businesses selling those services.

Division 7 Restrictions on transfer or subletting by tenant

34   General—ss 238 and 240

(1)Subject to clause 35, the tenant may transfer all or a part of the tenant’s interest under this agreement, or sublet the premises, only if the lessor agrees in writing or if the transfer or subletting is made under a tribunal order.

(2)The lessor must act reasonably in failing to agree to the transfer or subletting.

(3)The lessor is taken to act unreasonably in failing to agree to the transfer or subletting if the lessor acts in a capricious or retaliatory way.

(4)The lessor or the lessor’s agent must not require the tenant to pay, or accept from the tenant, an amount for the lessor’s agreement to a transfer or subletting by the tenant, other than an amount for the reasonable expenses incurred by the lessor in agreeing to the transfer or subletting.

35   State assisted lessors or employees of lessor—s 237

(1)This clause applies if—

(a)the lessor is the State; or

(b)the lessor is an entity receiving assistance from the State to supply rented accommodation; or

(c)the tenant’s right to occupy the premises comes from the tenant’s terms of employment.

(2)The tenant may transfer the whole or part of the tenant’s interest under this agreement, or sublet the premises, only if the lessor agrees in writing to the transfer or subletting.

Division 8 When agreement ends

36   Ending of agreement—s 277

(1)This agreement ends only if—

(a)the lessor and tenant agree, in a separate written document, to end this agreement; or

(b)the lessor gives a notice to leave premises to the tenant under section 326 and the tenant hands over vacant possession of the premises to the lessor on or after the handover day; or

(c)the tenant gives a notice of intention to leave premises to the lessor under section 327 and hands over vacant possession of the premises to the lessor on or after the handover day; or

(d)the tenant vacates, or is removed from, the premises after receiving a notice from a mortgagee or appointed person under section 317; or

(e)the tenant abandons the premises and the period for which the tenant paid rent has ended; or

(f)the tribunal makes an order terminating this agreement.

(2)Also, this agreement ends for a sole tenant if—

(a)the tenant gives the lessor a notice ending tenancy interest and hands over vacant possession of the premises; or

Note—

See chapter 5, part 1, division 3, subdivision 2A of the Act for the obligations of the lessor and tenant relating to a notice ending tenancy interest.

(b)the tenant dies.

Note—

See section 324A for when this agreement ends if a sole tenant dies.

37   Condition premises must be left in—s 188(4) and (5)

(1)At the end of the tenancy, the tenant must leave the premises, as far as possible, in the same condition they were in at the start of the tenancy, fair wear and tear excepted.

Examples of what may be fair wear and tear—

•wear that happens during normal use

•changes that happen with ageing

(2)The tenant’s obligation mentioned in subclause (1) does not apply to the extent the obligation would have the effect of requiring the tenant to repair, or compensate the lessor for, damage to the premises or inclusions caused by an act of domestic violence experienced by the tenant.

38   Keys

At the end of the tenancy, the tenant must return to the lessor all keys for the premises.

39   Tenant’s forwarding address—s 205(2) and (3)

(1)When handing over possession of the premises, the tenant must, if the lessor or the lessor’s agent asks the tenant in writing to state the tenant’s new residential address, tell the lessor or the agent the tenant’s new residential address.

(2)However, subclause (1) does not apply if—

(a)the tenant has a reasonable excuse for not telling the lessor or agent the new address; or

(b)after experiencing domestic violence, the tenant ended this agreement, or the tenant’s interest in this agreement, under chapter 5, part 1, division 3, subdivision 2A of the Act.

40   Exit condition report—s 66

(1)As soon as practicable after this agreement ends, the tenant must prepare, in the approved form, and sign a condition report for the premises and give 1 copy of the report to the lessor or the lessor’s agent.

Example of what might be as soon as practicable—

when the tenant returns the keys to the premises to the lessor or the lessor’s agent

Note—

For the approved form for the condition report, see the information statement. The report may be very important in deciding who is entitled to a refund of the rental bond if there is a dispute about the condition of the premises.

(2)The lessor or the lessor’s agent must, within 3 business days after receiving the copy of the report—

(a)sign the copy; and

(b)if the lessor or agent does not agree with the report—show the parts of the report the lessor or agent disagrees with by marking the copy in an appropriate way; and

(c)if the tenant has given a forwarding address to the lessor or agent—make a copy of the report and return it to the tenant at the address.

(3)The lessor or agent must keep a copy of the condition report signed by both parties for at least 1 year after this agreement ends.

41   Goods or documents left behind on premises—ss 363 and 364

(1)The tenant must take all of the tenant’s belongings from the premises at the end of the tenancy.

(2)The lessor may not treat belongings left behind as the lessor’s own property, but must deal with them under sections 363 and 364.

Note—

For details of the lessor’s obligations under sections 363 and 364, see the information statement. They may include an obligation to store goods and may allow the lessor to sell goods and pay the net sale proceeds (after storage and selling costs) to the public trustee.

Division 9 Miscellaneous

42   Supply of goods and services—s 171

(1)The lessor or the lessor’s agent must not require the tenant to buy goods or services from the lessor or a person nominated by the lessor or agent.

(2)Subclause (1) does not apply to—

(a)a requirement about a service charge; or

Note—

See section 164 for what is a service charge.

(b)a condition of an approval to keep a pet if the condition—

(i)requires the carpets to be cleaned, or the premises to be fumigated, at the end of the tenancy; and

(ii)complies with clause 33D; and

(iii)does not require the tenant to buy cleaning or fumigation services from a particular person or business.

43   Lessor’s agent

(1)The name and address for service of the lessor’s agent is stated in this agreement for item 3.

(2)Unless a special term provides otherwise, the agent may—

(a)stand in the lessor’s place in any application to a tribunal by the lessor or the tenant; or

(b)do any thing else the lessor may do, or is required to do, under this agreement.

44   Notices

(1)A notice under this agreement must be written and, if there is an approved form for the notice, in the approved form.

Note—

See the information statement for a list of the approved forms.

(2)A notice from the tenant to the lessor may be given to the lessor’s agent.

(3)A notice may be given to a party to this agreement or the lessor’s agent—

(a)by giving it to the party or agent personally; or

(b)if an address for service for the party or agent is stated in this agreement for item 1, 2 or 3—by leaving it at the address, sending it by prepaid post as a letter to the address; or

(c)if a facsimile number for the party or agent is stated in this agreement for item 1, 2 or 3 and item 4 indicates that a notice may be given by facsimile—by sending it by facsimile to the facsimile number in accordance with the Electronic Transactions (Queensland) Act 2001; or

(d)if an email address for the party or agent is stated in this agreement for item 1, 2 or 3 and item 4 indicates that a notice may be given by email—by sending it electronically to the email address in accordance with the Electronic Transactions (Queensland) Act 2001.

(4)A party or the lessor’s agent may withdraw his or her consent to notices being given to them by facsimile or email only by giving notice to each other party that notices are no longer to be given to the party or agent by facsimile or email.

(5)If no address for service is stated in this agreement for item 2 for the tenant, the tenant’s address for service is taken to be the address of the premises.

(6)A party or the lessor’s agent may change his or her address for service, facsimile number or email address only by giving notice to each other party of a new address for service, facsimile number or email address.

(7)On the giving of a notice of a new address for service, facsimile number or email address for a party or the lessor’s agent, the address for service, facsimile number or email address stated in the notice is taken to be the party’s or agent’s address for service, facsimile number or email address stated in this agreement for item 1, 2 or 3.

(8)Unless the contrary is proved—

(a)a notice left at an address for service is taken to have been received by the party to whom the address relates when the notice was left at the address; and

(b)a notice sent by post is taken to have been received by the person to whom it was addressed when it would have been delivered in the ordinary course of post; and

(c)a notice sent by facsimile is taken to have been received at the place where the facsimile was sent when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; and

(d)a notice sent by email is taken to have been received by the recipient when the email enters the recipient’s email server.

Schedule 2 Moveable dwelling tenancy agreements

section 7

Part 1    Tenancy details

   

Item

1   Lessor

1.1Lessor’s name and address for service.

1.2Any other contact details for the lessor.

Note—

Item 1.2 is optional.

2   Tenant

2.1Tenant’s name.

2.2Any address for service or other contact details for the tenant.

Note—

Item 2.2 is optional. See clause 50.

3   Lessor’s agent

3.1If the lessor has an agent, the agent’s name and address for service.

3.2Any other contact details for the agent.

Note—

Item 3.2 is optional.

4   Service of notices by email or facsimile

4.1Whether a notice may be given to the lessor by email or facsimile.

4.2Whether a notice may be given to the tenant by email or facsimile.

4.3Whether a notice may be given to the lessor’s agent by email or facsimile.

5   The park

If the premises are in a moveable dwelling park, the name, address or other description of the moveable dwelling park.

6   Premises

6.1The location, or intended location, of the moveable dwelling.

Example—

site number

6.2A description of the moveable dwelling.

Examples—

caravan, site only

6.3Any inclusions for the premises.

Examples of inclusions—

annexe, furniture or other household goods let with the premises

6.4Details of any repair orders applying to the premises or inclusions for the premises.

7   Term of agreement

7.1Whether the agreement is a fixed term agreement or periodic agreement.

7.2The day the agreement starts.

7.3If the agreement is a fixed term agreement, the day the agreement finishes.

8   Rent—amount

The rent amount and whether it must be paid weekly, fortnightly or monthly.

Note—

See clauses 8(1) and 17.

9   Rent—day of payment

The day of each week, fortnight or month on which the rent must be paid.

Note—

See clause 8(2).

10   Rent—methods of payment

The ways for the tenant to pay the rent.

Note—

See clause 8(3)(a).

11   Rent—place of payment

Where the rent must be paid.

Note—

Item 11 is optional. See clause 8(6) to (8).

11A   Rent—day of last increase

The day the rent was last increased for the moveable dwelling, or its site, or both.

12   Rental bond

The amount of any rental bond.

Note—

See clause 13.

13   Services

Any services supplied to the premises for which the tenant must pay.

Examples of services—

electricity, gas, sewerage and water

Note—

See clause 16.

14   Park rules

14.1If the premises are in a moveable dwelling park, whether there are park rules for the park.

14.2Whether the tenant has been given a copy of the park rules.

Note—

See clause 22.

15   Number of occupants

The number of persons allowed to reside at the premises.

Note—

See clause 23.

16   Pets

The type and number of pets approved by the lessor to be kept at the premises.

Note—

See clauses 34A to 34D.

17   Nominated repairers

17.1The name and telephone number of the lessor’s nominated repairer for each of the following repairs—

(a)electrical repairs;

(b)plumbing repairs;

(c)other repairs.

17.2Whether or not the nominated repairer is the tenant’s first point of contact for notifying of the need for emergency repairs.

Note—

This item does not apply if clause 32 does not apply (see clause 32(4)).

Part 2    Standard terms

Division 1 Preliminary

1   Interpretation

(1)In this agreement—

(a)a reference to the premises includes a reference to any inclusions for the premises stated in this agreement for item 6.3; and

(b)a reference to a numbered section is a reference to the section in the Act with that number; and

(c)a reference to a numbered item is a reference to the item with that number in part 1; and

(d)a reference to a numbered clause is a reference to the clause of this agreement with that number.

(2)In this agreement, unless the context otherwise requires—

site-only premises means moveable dwelling premises that consist only of the site where a moveable dwelling is, or is intended to be, situated.

2   Terms of a moveable dwelling tenancy agreement

(1)This part states, under the Residential Tenancies and Rooming Accommodation Act 2008 (the Act), section 55, the standard terms of a moveable dwelling tenancy agreement.

(2)The Act also imposes duties on, and gives entitlements to, the lessor and tenant that are taken to be included as terms of this agreement.

(3)The lessor and tenant may agree on other terms of this agreement (special terms).

(4)If the premises are moveable dwelling premises in a moveable dwelling park stated in this agreement for item 5 (the park), any park rules for the time being in force are taken to be terms of this agreement.

(5)A duty or entitlement under the Act overrides a standard term or special term if the term is inconsistent with the duty or entitlement.

(6)A standard term overrides a special term if they are inconsistent.

Note—

Some breaches of this agreement may also be an offence under the Act, for example, if—

•the lessor or the lessor’s agent enters the premises in contravention of the rules of entry under sections 192 to 199; or

•the tenant does not sign and return the condition report to the lessor or the lessor’s agent under section 65.

3   More than 1 lessor or tenant

(1)This clause applies if more than 1 person is named in this agreement for item 1 or 2.

(2)Each lessor named in this agreement for item 1 must perform all of the lessor’s obligations under this agreement.

(3)Each tenant named in this agreement for item 2—

(a)holds their interest in the tenancy as a tenant in common unless a special term states the tenants are joint tenants; and

(b)must perform all the tenant’s obligations under this agreement.

Division 2 Period of tenancy

4   Start of tenancy

(1)The tenancy starts on the day stated in this agreement for item 7.2.

(2)However, if no day is stated or if the stated day is before the signing of this agreement, the tenancy starts when the tenant is or was given a right to occupy the premises.

5   Entry condition report—s 65

(1)The lessor must prepare, in the approved form, sign and give the tenant 1 copy of a condition report for the premises.

(2)The copy must be given to the tenant on or before the day the tenant occupies the premises under this agreement.

(3)The tenant must mark the copy of the report to show any parts the tenant disagrees with, and sign and return the copy to the lessor not later than 7 days after the later of the following day—

(a)the day the tenant occupies the premises;

(b)the day the tenant is given the copy of the condition report.

Note—

A well completed condition report can be very important to help the parties if there is a dispute about the condition of the premises when the tenancy started. For more information about condition reports, see the information statement.

(4)After the copy of the condition report is returned to the lessor by the tenant, the lessor must copy the condition report and return it to the tenant within 14 days.

(5)However, the lessor does not have to prepare a condition report for the premises if—

(a)this agreement has the effect of continuing the tenant’s right to occupy the premises under an earlier residential tenancy agreement; and

(b)in accordance with the Act, a condition report was prepared for the premises for the earlier residential tenancy agreement.

(6)If a condition report is not prepared for this agreement because subclause (5) applies, the condition report prepared for the earlier residential tenancy agreement is taken to be the condition report for this agreement.

6   Continuation of a fixed term agreement—s 70

(1)This clause applies if—

(a)this agreement is a fixed term agreement; and

(b)none of the following notices are given, or agreements or applications made before the day the term ends (the end day)—

(i)a notice to leave;

(ii)a notice of intention to leave;

17   Number of occupants allowed

(1)No more than the number of persons stated in this agreement for item 18.1 may reside in the room.

(2)No more than the number of persons stated in this agreement for item 18.2 may reside at the rental premises.

(3)However, more people may reside in the room or at the rental premises if the resident and the provider agree.

19   Supply of locks and keys—s 250

(1)The provider must supply and maintain all locks necessary to ensure the resident’s room are reasonably secure.

(2)The provider must give the resident a key for each lock that secures an entry to following—

(a)the resident’s room;

(b)a building or building within which the resident’s room and common areas are situated.

(3)The resident must not make a copy of the key without the provider’s permission.

(4)The resident must not tamper with a door lock in the rental premises.

20   Changing locks—s 251

(1)The resident may request the provider to change or repair a lock that secures entry to the resident’s room if the resident reasonably believes there is the likelihood of—

(a)risk to the resident’s safety; or

(b)theft of, or damage to, the resident’s belongings.

(2)The provider must not act unreasonably in failing to agree to change or repair the lock.

(3)Also, the provider must change or repair the lock if the request states it is made for the purpose of protecting the resident from domestic violence.

(4)If the provider changes a lock because of a request mentioned in subclause (3), the provider must not give the key for the changed lock to any other person other than the resident without the resident’s agreement or a reasonable excuse.

21   Fixtures or structural changes—ss 254–255A

(1)The resident may attach a fixture, or make a structural change, to the rental premises only if—

(a)the resident gives the provider a request, in the approved form, for approval to attach the fixture or make the structural change; and

(b)the provider approves the request; and

(c)for body corporate rental premises—the body corporate approves the request.

Note—

Fixtures are generally items permanently attached to land or to a building that are intended to become part of the land or building. Attaching a fixture may include, for example, gluing, nailing or screwing the fixture to a wall.

(2)The provider must—

(a)decide the request—

(i)within 28 days after receiving the request; or

(ii)if the rental premises are not body corporate rental premises—within a longer period, if agreed to by the resident and provider; and

(b)advise the resident of the provider’s decision; and

(c)if the provider approves the request and the rental premises are body corporate rental premises—

(i)state that the provider’s approval is subject to the approval of the body corporate; and

(ii)give the request to the body corporate within 28 days after receiving the request; and

(iii)advise the resident as soon as reasonably practicable of the body corporate’s decision about the request.

(3)If the provider approves the request, the provider must give the resident an agreement that—

(a)is in writing; and

(b)describes the nature of the fixture or structural change; and

(c)states any conditions of the agreement, including any conditions given by the body corporate.

Examples of conditions—

•that the resident must maintain the fixture in a particular way

•that the resident must remove the fixture

•that the resident must repair damage caused by removing the fixture

•that the provider must compensate the resident for the fixture if the resident can not remove it

(4)The resident must comply with any conditions given by the provider or body corporate.

(5)In this clause—

body corporate rental premises means rental premises—

(a)that are part of a body corporate scheme; and

(b)for which, under a body corporate law or body corporate by-law, the approval of the body corporate is required for the attachment of a fixture, or the making of a structural change, to the premises.

21A   Action by provider for breach of provider’s agreement about fixture or structural change—s 256

(1)This clause applies if—

(a)the resident attaches a fixture, or makes a structural change, to the rental premises; and

(b)the provider’s approval is required under section 255 to attach the fixture or make the structural change; and

(c)the resident does not attach the fixture, or make the structural change, in accordance with the provider’s agreement.

(2)The provider may—

(a)take action for a breach of a term of this agreement; or

(b)waive the breach (that is, not take action for the breach) and treat the fixture or structural change as an improvement to the rental premises for the provider’s benefit (that is, treat the fixture or structural change as belonging to the provider, without having to compensate the resident for it).

(3)In this clause—

provider’s agreement means the agreement given to the resident by the provider under section 255 about attaching the fixture, or making the structural change, to the rental premises.

22   Provider’s right to enter resident’s room—ss 257–262

The provider or the provider’s agent may enter the resident’s room during this agreement only if the obligations under sections 257 to 262 have been complied with.

Division 6A Pets

22A   Keeping pets and other animals in resident’s room—ss 256B and 256G

(1)The resident may keep a pet or other animal in the resident’s room only with the approval of the provider.

(2)However, the resident may keep a working dog in the resident’s room without the provider’s approval.

(3)The resident has the approval of the provider to keep a pet in the resident’s room if keeping the pet in the room is consistent with item 19.

Notes—

1If item 19 states 2 cats, the resident is approved by the provider to keep up to 2 cats in the resident’s room.

2For additional approvals to keep a pet or other animal in the resident’s room see clause 22C.

(4)An authorisation to keep the pet or working dog in the resident’s room continues for the life of the pet or working dog and is not affected by any of the following matters—

(a)the ending of this agreement, if the resident continues occupying the room under a new agreement;

(b)a change in the provider or provider’s agent;

(c)for a working dog—the retirement of the dog from the service the dog provided as a working dog.

(5)An authorisation to keep a pet, working dog or other animal in the resident’s room may be restricted by a body corporate by-law, house rules or other law about keeping animals at the rental premises.

Examples—

1The rental premises may be subject to a local law that limits the number or types of animals that may be kept at the premises.

2The rental premises may be subject to a body corporate by-law that requires the resident to obtain approval from the body corporate before keeping a pet at the premises.

22B   Resident responsible for pets and other animals—s 256C

(1)The resident is responsible for all nuisance caused by a pet or other animal kept in the resident’s room, including, for example, noise caused by the pet or other animal.

(2)The resident is responsible for repairing any damage to the resident’s room or inclusions caused by the pet or other animal.

(3)Damage to the resident’s room or inclusions caused by the pet or other animal is not fair wear and tear.

22C   Request for approval to keep pet—ss 256D and 256E

(1)The resident may, using the approved form, request the provider’s approval to keep a stated pet in the resident’s room.

(2)The provider must respond to the resident’s request within 14 days after receiving the request.

(3)The provider’s response to the request must be in writing and state—

(a)whether the provider approves or refuses the resident’s request; and

(b)if the provider approves the resident’s request subject to conditions—the conditions of the approval; and

Note—

See clause 22D for limitations on conditions of approval to keep a pet in the resident’s room.

(c)if the provider refuses the resident’s request—

(i)the grounds for the refusal; and

(ii)the reasons the provider believes the grounds for the refusal apply to the request.

(4)The provider may refuse the request for approval to keep a pet in the resident’s room only on 1 or more of the following grounds—

(a)keeping the pet would exceed a reasonable number of animals being kept in the room or at the rental premises;

(b)the room is unsuitable for keeping the pet because of a lack of appropriate space or another things necessary to humanely accommodate the pet;

(c)keeping the pet is likely to cause damage to the room or inclusions that could not practicably be repaired for a cost that is less than the amount of the rental bond for the room;

(d)keeping the pet would pose an unacceptable risk to the health and safety of a person, including, for example, because the pet is venomous;

(e)keeping the pet would contravene a law;

(f)keeping the pet would contravene a body corporate by-law or house rule applying to the rental premises;

(g)if the provider proposed reasonable conditions for approval and the conditions comply with clause 22D—the resident has not agreed to the conditions;

(h)the animal stated in the request is not a pet as defined in section 256A;

(i)another ground prescribed by a regulation under section 256E(1)(i).

(5)The provider is taken to approve the keeping of the pet in the resident’s room if—

(a)the provider does not comply with subclause (2); or

(b)the provider’s response does not comply with subclause (3).

22D   Conditions for approval to keep pet in resident’s room—s 256F

(1)The provider’s approval to keep a pet in the resident’s room may be subject to conditions if the conditions—

(a)relate only to keeping the pet in the resident’s room; and

(b)are reasonable having regard to the type of pet, the room and the rental premises; and

(c)are stated in the written approval given to the resident in a way that is consistent with clause 22C(3).

(2)Without limiting subclause (1)(b), the following conditions of the provider’s approval are taken to be reasonable—

(a)a condition requiring the pet generally be kept in the resident’s room;

(b)if the pet is capable of carrying parasites that could infest the resident’s room—a condition requiring the room to be professionally fumigated at the end of the this agreement;

(c)if the pet is allowed inside the resident’s room—a condition requiring carpets in the room to be professionally cleaned at the end of this agreement.

(3)A condition of the provider’s approval to keep a pet in the resident’s room is void if the condition—

(a)would have the effect of the provider contravening section 176 or 177; or

(b)would, as a term of this agreement, be void under section 178; or

(c)would increase the rent or rental bond payable by the resident; or

(d)would require any form of security from the resident.

(4)For subclause (2), the resident’s room is professionally fumigated, and carpets are professionally cleaned, if the fumigation and cleaning are done to a standard ordinarily achieved by businesses selling those services.

Division 7 When agreement ends

23   Ending of agreement—s 366

(1)This agreement ends only if—

(a)the provider and resident agree, in a separate written document, to end this agreement; or

(b)the provider gives the resident a notice requiring the resident to leave the rental premises and the resident leaves the premises; or

Note—

The notice must comply with chapter 5, part 2 of the Act.

(c)the resident or provider gives a notice terminating the agreement on a stated day; or

Note—

The notice must comply with chapter 5, part 2 of the Act.

(d)the resident vacates, or is removed from, the rental premises after receiving a notice from a mortgagee or appointed person under section 384; or

(e)the resident abandons the resident’s room and the period for which the resident has paid rent has ended; or

Note—

See section 509 for indications a resident has abandoned a room.

(f)the tribunal makes an order terminating this agreement.

(2)Also, this agreement ends for a sole resident if—

(a)the resident gives the provider a notice ending residency interest and vacates the rental premises; or

Note—

See chapter 5, part 2, division 3, subdivision 2A of the Act for the obligations of the resident and provider relating to a notice ending residency interest.

(b)the resident dies.

Note—

See section 387A for when this agreement ends if a sole resident dies.

24   Condition room must be left in—s 253(1)(i) and (2)

(1)At the end of this agreement, the resident must leave the resident’s room and inclusions, as far as possible, in the same condition they were in at the start of this agreement, fair wear and tear excepted.

Examples of what may be fair wear and tear—

•wear that happens during normal use

•changes that happen with ageing

(2)The resident’s obligation mentioned in subclause (1) does not apply to the extent the obligation would have the effect of requiring the resident to repair, or compensate the provider for, damage to the resident’s room or inclusions caused by an act of domestic violence experienced by the resident.

25   Keys

At the end of this agreement, the resident must return to the provider all keys for the resident’s room and the rental premises.

26   Goods or money left behind in rental premises—ss 392 and 393

(1)The resident must take all of the residents belongings from the rental premises at the end of this agreement.

(2)The provider must not treat belongings left behind as the provider’s own property, but must deal with them under sections 392 and 393.

Division 9 Miscellaneous

27   Supply of goods and services—s 176

(1)The provider or the provider’s agent must not require the resident to buy goods or services from the provider or a person nominated by the provider or agent.

(2)Subclause (1) does not apply to—

(a)a requirement about a food service, personal care service or utility service; or

Note—

See section 176 for what is a utility service and schedule 2 of the Act for what is a food service and a personal care service.

(b)a condition of an approval to keep a pet in the resident’s room if the condition—

(i)requires the carpets in the room to be cleaned, or the room to be fumigated, at the end of this agreement; and

(ii)complies with clause 22D; and

(iii)does not require the resident to buy cleaning or fumigation services from a particular person or business.

28   Provider’s agent

(1)The name and address for service of the provider’s agent is stated in this agreement for item 3.

(2)Unless a special term provides otherwise, the agent may—

(a)stand in the provider’s place in any application to a tribunal by the provider or the resident; or

(b)do any thing else the provider may do, or is required to do, under this agreement.

29   Notices

(1)A notice under this agreement must be written and, if there is an approved form for the notice, in the approved form.

(2)A notice from the resident to the provider may be given to the provider’s agent.

(3)A notice may be given to a party to this agreement, the provider’s agent or a representative—

(a)by giving it to the party, agent or representative personally; or

(b)if an address for service for the party, agent or representative is stated in this agreement for item 1, 2, 3 or 4—by leaving it at the address, sending it by prepaid post as a letter to the address; or

(c)if a facsimile number for the party, agent or representative is stated in this agreement for item 1, 2, 3 or 4 and item 5 indicates that a notice may be given by facsimile—by sending it by facsimile to the facsimile number in accordance with the Electronic Transactions (Queensland) Act 2001; or

(d)if an email address for the party, agent or representative is stated in this agreement for item 1, 2, 3 or 4 and item 5 indicates that a notice may be given by email—by sending it electronically to the email address in accordance with the Electronic Transactions (Queensland) Act 2001.

(4)A party, the provider’s agent or a representative may withdraw his or her consent to notices being given to them by facsimile or email only by giving notice to each other party that notices are no longer to be given to the party, agent or representative by facsimile or email.

(5)If no address for service is stated in this agreement for item 2 for the resident, the resident’s address for service is taken to be the address of the rental premises.

(6)A party, the provider’s agent or a representative may change his or her address for service, facsimile number or email address only by giving notice to each other party of a new address for service, facsimile number or email address.

(7)On the giving of a notice of a new address for service, facsimile number or email address for a party, the provider’s agent or a representative, the address for service, facsimile number or email address stated in the notice is taken to be the party’s, agent’s or representative’s address for service, facsimile number or email address stated in this agreement for item 1, 2, 3 or 4.

(8)Unless the contrary is proved—

(a)a notice left at an address for service is taken to have been received by the party to whom the address relates when the notice was left at the address; and

(b)a notice sent by post is taken to have been received by the person to whom it was addressed when it would have been delivered in the ordinary course of post; and

(c)a notice sent by facsimile is taken to have been received at the place where the facsimile was sent when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; and

(d)a notice sent by email is taken to have been received by the recipient when the email enters the recipient’s email server.

(9)In this clause—

representative means a person acting for the resident under section 525(1)(c).

Schedule 5 Prescribed house rules

section 12

1   Residents’ and guests’ behaviour

(1)Residents must not interfere with the reasonable peace, comfort or privacy of other residents.

(2)Residents must ensure their guests do not interfere with the reasonable peace, comfort or privacy of other residents.

2   Maintenance of rooms

(1)Residents must maintain their rooms—

(a)in a way that does not interfere with the reasonable comfort of other residents; and

(b)in a condition that does not create a fire or health hazard.

(2)Residents must not intentionally or recklessly damage or destroy any part of their rooms or a facility in their rooms.

3   Common areas

(1)The provider must take reasonable steps to ensure the common areas, and facilities provided in the common areas, are kept safe, clean and in good repair.

(2)Residents must leave common areas clean and tidy after using them.

(3)Residents must ensure their guests leave common areas clean and tidy after using them.

(4)Common areas in these rental premises include (insert description of common areas, e.g. lounge or television room, dining room, toilets and bathrooms, kitchen, hallway, patio, yard).

4   Guests

Residents must ensure their guests are aware of the house rules for these rental premises.

5   Access to residents’ rooms

(1)The provider must take reasonable steps to ensure residents have quiet enjoyment of their rooms.

(2)The provider must not enter residents’ rooms other than as provided under the Residential Tenancies and Rooming Accommodation Act 2008.

6   Door locks and keys

(1)Residents must not tamper with, or change, a door lock in the rental premises.

(2)Residents must not make copies of keys without the provider’s permission.

7   Animals

(1)Residents must not keep an animal on the rental premises without the provider’s permission.

(2)Subsection (1) does not apply to a working dog.

Schedule 5A Prescribed minimum housing standards

section 19A

Part 1    Safety and security

1   Weatherproof and structurally sound

(1)Premises must be weatherproof, structurally sound and in good repair.

(2)Premises are not weatherproof if the roofing or windows of the premises do not prevent water entering the premises when it rains.

(3)Without limiting subsection (1), premises are not structurally sound if—

(a)a floor, wall, ceiling or roof is likely to collapse because of rot or a defect; or

(b)a deck or stairs are likely to collapse because of rot or a defect; or

(c)a floor, wall or ceiling or other supporting structure is affected by significant dampness; or

(d)the condition of the premises is likely to cause damage to an occupant’s personal property.

2   Fixtures and fittings

The fixtures and fittings, including electrical appliances, for premises—

(a)must be in good repair; and

(b)must not be likely to cause injury to a person through the ordinary use of the fixtures and fittings.

3   Locks on windows and doors

(1)Premises let, or to be let, under a residential tenancy agreement must have a functioning lock or latch fitted to all external windows and doors to secure the premises against unauthorised entry.

(2)Premises let, or to be let, under a rooming accommodation agreement must have a functioning lock or latch fitted to all windows and doors of a resident’s room to secure the room against unauthorised entry.

(3)Subsection (1) or (2) apply only to the windows and doors that a person outside the premises or room could access without having to use a ladder.

4   Vermin, damp and mould

(1)Premises must be free of vermin, damp and mould.

(2)Subsection (1) does not apply to vermin, damp or mould caused by the tenant, including, for example, caused by a failure of the tenant to use an exhaust fan installed at the premises.

5   Privacy

(1)Premises must have privacy coverings for windows in all rooms in which tenants or residents are reasonably likely to expect privacy, including, for example, bedrooms.

(2)Privacy coverings for windows include any of the following—

(a)blinds;

(b)curtains;

(c)tinting;

(d)glass frosting.

(3)Subsection (1) does not apply to a window of a room if a line of sight between a person outside the premises and a person inside the room is obstructed by a fence, hedge, tree or other feature of the property.

Part 2    Reasonable functionality

6   Plumbing and drainage

Premises must—

(a)have adequate plumbing and drainage for the number of persons occupying the premises; and

(b)be connected to a water supply service or other infrastructure that supplies hot and cold water suitable for drinking.

7   Bathrooms and toilets

(1)The bathroom and toilet facilities at premises must provide the user with privacy.

(2)Each toilet must—

(a)function as designed, including flushing and refilling; and

(b)be connected to a sewer, septic system or other waste disposal system.

8   Kitchen

A kitchen, if included, must include a functioning cook-top.

9   Laundry

A laundry, if included, must include the fixtures required to provide a functional laundry other than whitegoods.

Schedule 6 Fees

section 34

Lessor’s fee for service supplied in sale or attempted sale of caravan (s 241 of the Act)—
(a)  if the sale price is not more than $18,000	5% of the sale price
(b)  if the sale price is more than $18,000	$952.70 plus 2.5% of the part of the sale price over $18,000

Schedule 7 Dictionary

section 3

general tenancy agreement see section 6(2).

heavy vehicle, for part 1A, see section 3A.

information statement means an information statement required under section 67 of the Act to be given to a tenant.

moveable dwelling tenancy agreement see section 7(2).

relevant agreement see section 13.

relevant tenant see section 13.

rooming accommodation information see section 10(2).

State authority means any of the following—

(a)the Governor in Council;

(b)a Minister;

(c)a department of the public service;

(d)a statutory agency, authority or instrumentality;

(e)a person holding or exercising the powers of a statutory office;

(f)a person who is—

(i)an officer or employee of an entity mentioned in paragraph (d) or (e); and

(ii)acting in an official capacity as an officer or employee of the entity;

(g)an officer appointed, or a person employed, under an Act.

State tenancy agreement see section 8(2).

tenancy information—

(a)for a general tenancy agreement, see section 6(3); or

(b)for a moveable dwelling tenancy agreement, see section 7(3); or

(c)for a State tenancy agreement, see section 8(3); or

(d)for a community housing provider tenancy agreement, see section 8B(2).