Standard form

Residential tenancy agreement

(where tenancy is for a term not exceeding 3 years)

 

This Agreement is in 2 parts:

Part 1 - Sets out the terms of the agreement.

Part 2 - Contains the condition report in respect of the residential premises.

 

 

IMPORTANT

1. The tenant is entitled to have time to read this agreement (and the completed condition report referred to in this agreement) and to obtain appropriate advice if necessary.

2. The landlord or the landlord’s agent must give the tenant a copy of the Renting guide as published by NSW Fair Trading.

3. The landlord is required to give the tenant a copy of this agreement for the tenant to keep.

 

 

 

Part 1: Terms of agreement

 

THIS AGREEMENT is made on       at           NSW

 

BETWEEN LANDLORD:

 

(Name/s):

(ACN):

(Address):

(Name of landlord’s agent): (ACN):

(Address):

 

AND TENANT:

 

(Name/s):

Other people who will ordinarily live at the premises may be listed here [cross out if not needed]:

 

PREMISES:

 

The landlord gives the tenant the right to occupy the premises at:

and the following parking space and storeroom [cross out if not needed]:

 

Where to go for help when you are renting

1. NSW Fair Trading looks after your bond money and manages the renting laws that cover this tenancy agreement. If you have any questions about your rights and responsibilities under this agreement, contact Fair Trading at www.fairtrading.nsw.gov.au or call 13 32 20.

Language assistance on 13 14 50 (ask for an interpreter in your language) TTY 1300 723 404

2. Your real estate agent or landlord (write contact number here):

3. Tenants Advice and Advocacy Service at www.tenants.org.au

 

The premises are unfurnished/The premises are furnished/The furniture and furnishings set out in the condition report are included. [Cross out whichever is not needed.]

No more than     persons may ordinarily live in the premises at any one time.

 

RENT:

 

The rent is $        payable every

The tenant must pay in advance on the The rent must be paid:

(a)          to the landlord, or the landlord’s agent, at

, or

(b)          at any other reasonable place the landlord names in writing, or

(c)           into the following account

, or any other account nominated by the landlord. Payment must be made by the following method [eg in cash, by cheque, by bank account deposit or by any other method agreed to and set out here]:

 

TERM:

 

The term of this agreement is and ending on

 

CONTINUATION:

 

At the end of the term the tenant can stay in the residential premises at the same rent (or at an increased rent if the rent is increased in accordance with the Residential Tenancies Act 1987) but otherwise under the same terms unless or until the agreement is ended in accordance with the Residential Tenancies Act 1987.

 

RENTAL BOND

 

[cross out if there is not going to be a bond]:

A rental bond of $

must be paid by the tenant to the landlord or the landlord’s agent on or before signing this agreement.

 

The Agreement   

 

1.            The landlord agrees to give the tenant:

1.1         a copy of this agreement at or before the time the agreement is signed and given by the tenant to the landlord or a person on the landlord’s behalf, and

1.2         a copy of the agreement signed by both the landlord and the tenant as soon as reasonably practicable.

Rent

2.            The tenant agrees to pay rent on time.

3.            The landlord agrees to provide a receipt for any rent paid to the landlord or to ensure that the landlord’s agent provides a receipt for any rent paid to the agent. If the rent is not paid in person, the landlord agrees only to make the receipt available for collection by the tenant or to post it to the tenant. (The landlord is not required to provide or make available a receipt if rent is paid into the landlord’s account.)

Payment of council rates, land tax, water and other charges

4.            The landlord agrees to pay:

4.1         Council rates, and

4.2         for water, other than water that the tenant has agreed to pay for under clauses 5.3 and 5.4 of this agreement, and

4.3         land taxes, and

4.4         the cost of installing any meters to measure the supply of water, electricity or gas, and

4.5         charges under any other Act for the residential premises.

5.            The tenant agrees to pay:

5.1         for electricity, and

5.2         for gas, and

5.3         for excess water, and

5.4         any other charge for water set out in the additional terms of this agreement if the charge for water is calculated according to the metered amount of water consumed and there is no minimum rate chargeable, and

5.5         any excess garbage or sanitary charges, and

5.6         any charges for pumping out a septic system.

Possession of the Premises

6.            The landlord agrees:

6.1         to make sure the residential premises are vacant so the tenant can move in on the date agreed, and

6.2         there is no legal reason that the landlord knows about, or should know about when signing this agreement, why the premises cannot be used as a residence for the term of this agreement.

Tenant’s right to quiet enjoyment

7.            The landlord agrees:

7.1         that the tenant will have quiet enjoyment of the residential premises without interruption by the landlord or any person claiming by, through or under the landlord or having superior title to that of the landlord, and

7.2         that the landlord or the landlord’s agent will not interfere, or cause or permit any interference, with the reasonable peace, comfort or privacy of the tenant in using the premises.

Use of the premises

8.            The tenant agrees:

8.1         not to use the residential premises, or cause or permit the premises to be used, for any illegal purpose, and

8.2         not to cause or permit a nuisance, and

8.3         not to interfere, or cause or permit interference, with the reasonable peace, comfort or privacy of neighbours.

Landlord’s access to the premises

9.            The landlord, the landlord’s agent or any person authorised in writing by the landlord, during the currency of this agreement, may only enter the residential premises in the following circumstances:

9.1         in an emergency (including entry for the purpose of carrying out urgent repairs), or

9.2         if the Consumer, Trader and Tenancy Tribunal so orders, or

9.3         if there is good reason for the landlord to believe the premises are abandoned, or

9.4         to inspect the premises, if the tenant gets 7 days’ notice (no more than 4 inspections are allowed in any period of 12 months), or

9.5         to carry out necessary repairs, if the tenant gets 2 days’ notice on each occasion, or

9.6         to show the premises to prospective buyers or mortgagees on a reasonable number of occasions, if the tenant gets reasonable notice on each occasion, or

9.7         to show the premises to prospective tenants on a reasonable number of occasions if the tenant gets reasonable notice on each occasion (this is only allowed during the last 14 days of the agreement), or

9.8         to install a smoke alarm or replace a battery in a smoke alarm in the residential premises, if the tenant gets 2 days’ notice on each occasion, or

9.9         if the tenant agrees.

10.         If a person has power to enter the residential premises under clause 9.4, 9.5, 9.6 or 9.7 of this agreement the person:

10.1       must not enter the premises on a Sunday or a public holiday, unless the tenant agrees, and

10.2       may enter the premises only between the hours of 8.00 a.m. and 8.00 p.m., unless the tenant agrees to another time.

11.         Except in an emergency (including to carry out urgent repairs), a person other than the landlord or the landlord’s agent must produce to the tenant the landlord’s or the landlord’s agent’s written permission to enter the residential premises.

Cleanliness, repairs and damage to the premises

12.         The landlord agrees:

12.1       to make sure the residential premises are reasonably clean and fit to live in, and

12.2       to keep the premises in reasonable repair, considering the age of, the amount of rent paid for and the prospective life of the premises.

13.         The tenant agrees:

13.1       to keep the residential premises reasonably clean, and

13.2       to notify the landlord as soon as practicable of any damage to the premises, and

13.3       not to intentionally or negligently cause or permit any damage to the premises, and

13.4       when the agreement ends, to leave the premises as nearly as possible in the same condition (fair wear and tear excepted) as set out in the condition report for the residential premises that forms part of this agreement.

Note. The condition report that forms part of this agreement is the condition report set out in Part 2 of this agreement unless:

(a)          the agreement is a renewed agreement, and

(b)          the landlord and tenant have agreed that clause 28 of this agreement applies, and

(c)           a date has been inserted in clause 28, in which case the specified earlier agreement forms part of this agreement.

Alterations and additions to the premises

14.         The tenant agrees:

14.1       not to attach any fixture or renovate, alter or add to the residential premises without the landlord’s written permission, and

14.2       not to remove, without the landlord’s written permission, any fixture attached by the tenant, and

14.3       to notify the landlord of any damage caused by removing any fixture attached by the tenant, and

14.4       to repair any damage caused by removing the fixture or compensate the landlord for the cost of repair, if the landlord asks.

15.         The landlord agrees to compensate the tenant as soon as possible for the value of a fixture attached by the tenant if the landlord refuses to allow its removal.

Urgent repairs

16.         The landlord agrees to pay the tenant, within 14 days after receiving written notice from the tenant, any reasonable costs (not exceeding $1,000) the tenant has incurred for making urgent repairs (of the type set out below) so long as:

16.1       the damage was not caused as a result of a breach of this agreement by the tenant, and

16.2       the tenant gives or makes a reasonable attempt to give the landlord notice of the damage, and

16.3       the tenant gives the landlord a reasonable opportunity to make the repairs, and

16.4       the tenant makes a reasonable attempt to have any appropriate tradesperson named in this agreement make the repairs, and

16.5       the repairs are carried out, where appropriate, by licensed or properly qualified persons, and

16.6       the tenant as soon as possible gives or tries to give the landlord written details of the repairs, including the cost and the receipts for anything the tenant pays for.

17.         The type of urgent repairs to the residential premises for which the landlord agrees to make payment are repairs to:

17.1       a burst water service, or

17.2       a blocked or broken lavatory system, or

17.3       a serious roof leak, or

17.4       a gas leak, or

17.5       a dangerous electrical fault, or

17.6       flooding or serious flood damage, or

17.7       serious storm or fire damage, or

17.8       a failure or breakdown of the gas, electricity or water supply to the premises, or

17.9       a failure or breakdown of any essential service on the premises for hot water, cooking, heating or laundering, or

17.10     any fault or damage that causes the premises to be unsafe or not secure.

Tradesperson/s:

Locks and security devices

18.         The landlord agrees:

18.1       to provide and maintain locks or other security devices necessary to keep the residential premises reasonably secure, and

18.2       not to alter, remove or add any lock or other security device without reasonable excuse (which includes an emergency or an order of the Consumer, Trader and Tenancy Tribunal) unless the tenant agrees, and

18.3       to give the tenant a copy of the key or opening device or information to open any lock or security device which is added or altered, except where the tenant agrees not to be given a copy or the Tribunal so orders.

19.         The tenant agrees:

19.1       not to alter, remove or add any lock or other security device without reasonable excuse (which includes an emergency or an order of the Consumer, Trader and Tenancy Tribunal) unless the landlord agrees, and

19.2       to give the landlord a copy of the key or opening device or information to open any lock or security device which is altered or added, except where the landlord agrees not to be given a copy or the Tribunal so orders.

Smoke alarms

19A. The landlord agrees:

19A.1 to install any smoke alarms that are required by law to be installed on the residential premises, and 19A.2 not to remove or interfere with the operation of any such smoke alarm except with reasonable excuse, and

19A.3 if any such smoke alarm has a replaceable battery (other than a back up battery), to ensure that a new battery is installed in the smoke alarm at the beginning of the term of this agreement and, if the battery needs to be replaced at any time, and the tenant is physically unable to change the battery, to replace the battery with a new battery as soon as reasonably practicable after being notified that the battery needs to be replaced.

19B. The tenant agrees:

19B.1 not to remove or interfere with the operation of any smoke alarm installed on the residential premises except with reasonable excuse, and 19B.2 if any such smoke alarm has a replaceable battery (other than a back up battery), to ensure that the battery is replaced whenever necessary or, if the tenant is physically unable to change the battery, to notify the landlord as soon as reasonably practicable after becoming aware that the battery needs to be replaced, and

19B.3 to notify the landlord if any smoke alarm installed on the residential premises is not functioning properly.

Tenant’s responsibility for the actions of others

20.         The tenant agrees to be responsible to the landlord for any act or omission by any person the tenant allows on the residential premises who breaks any of the terms of the agreement.

Right to assign or sub-let

21.         A tenant may with the landlord’s prior permission assign the whole or part of the tenant’s interest under this agreement or sub-let the residential premises.

22.         The landlord agrees not to charge for giving permission other than for the landlord’s reasonable expenses in giving permission.

Landlord’s change of address

23.         The landlord agrees:

23.1       if the address of the landlord changes (and the landlord does not have an agent), to give the tenant notice in writing of the change within 14 days, and

23.2       if the name or business address of the landlord’s agent changes or the landlord appoints an agent, to give the tenant notice in writing of the change or the agent’s name or business address, as appropriate, within 14 days, and

23.3       if the landlord or landlord’s agent is a corporation and the name of the secretary or other responsible agent of the corporation changes or the address of the registered office of the corporation changes, to give the tenant notice in writing of the change within 14 days.

Change of address of certain tenants

24.         The tenant (who is a corporation other than a statutory corporation) agrees, if the address of the registered office of the tenant changes, to give the landlord notice in writing of the changed address.

Copy of certain by-laws to be provided

25.         The landlord agrees to give to the tenant within 7 days of entering into this agreement a copy of the by-laws applying to the residential premises if they are premises under the Strata Schemes Management Act 1996, the Strata Schemes (Leasehold Development) Act 1986, the Community Land Development Act 1989 or the Community Land Management Act 1989.

Mitigation of loss

26.         The rules of law relating to mitigation of loss or damage on breach of a contract apply to a breach of this agreement. (For example, if the tenant breaches this agreement the landlord will not be able to claim damages for loss which could have been avoided by reasonable effort by the landlord.)

Rental bond

27.         The landlord agrees that where the landlord or the landlord’s agent applies to the Rental Bond Board or the Consumer, Trader and Tenancy Tribunal for payment of the whole or part of the rental bond to the landlord, then the landlord or the landlord’s agent will provide the tenant with details of the amount claimed and with copies of any quotations, accounts and receipts that are relevant to the claim.

Agreement to use previous condition report

28.         The landlord and tenant agree that the condition report included in a residential tenancy agreement entered into by the tenant and dated [insert ] a date if the landlord and tenant agree to this clause] forms part of this agreement.

Additional terms

Additional terms may be included in this agreement if:

(a)          both the landlord and tenant agree to the terms, and

(b)          they do not conflict with the Residential Tenancies Act 1987 or any other Act, and

(c)           they do not conflict with the standard terms of this agreement.

ANY ADDITIONAL TERMS ARE NOT REQUIRED BY LAW AND ARE NEGOTIABLE.

Additional term about water

[Cross out this clause if it is not applicable]

29.         The tenant agrees to pay for all water used during the term of the agreement (in addition to any excess water for which the tenant has agreed to pay under clause 5.3 where the charge for the water is calculated according to the metered amount of water consumed and there is no minimum rate chargeable.

Notes

1.           Definitions

In this agreement:

“landlord” means the person who grants the right to occupy residential premises under this agreement, and includes the person’s heirs, executors, administrators and assigns,

“landlord’s agent” means a person who acts as the agent of the landlord and who (whether or not the person carries on any other business) carries on business as an agent for:

(a)          the letting of residential premises, or

(b)          the collection of rents payable for any tenancy of residential premises,

“regulations” means regulations under the Residential Tenancies Act 1987,

“rental bond” means money paid by the tenant as security to carry out this agreement,

“residential premises” means any premises or part of premises (including any land occupied with the premises) used or intended to be used as a place of residence,

“tenancy” means the right to occupy residential premises under this agreement,

“tenant” means the person who has the right to occupy residential premises under this agreement, and includes the person’s heirs, executors, administrators and assigns.

2.           Notes on ending the tenancy

The first step to end a tenancy is, almost always, for the landlord or the tenant to give a notice of termination. The tenancy ends when the tenant moves out, on or after the day specified in the notice, or when the Consumer, Trader and Tenancy Tribunal orders the tenancy to end.

3.           Notices of termination

(1)          A notice of termination must:

(a)          be in writing, and

(b)          state the address of the rented premises, and

(c)           be signed and dated, and

(d)          allow the required period of time, and

(e)          give the date the tenant intends to, or is requested to, move out on, and

(f)           give the reasons for ending the agreement (if any), and

(g)          be properly given.

(2)          If the notice is given by or on behalf of a landlord, the notice must state that “information about the tenant’s rights and obligations can be found in the residential tenancy agreement”.

4.           How notices are properly given

(1)          A notice of termination given to a tenant may be:

(a)          posted to the tenant’s home, or

(b)          given to the tenant personally, or

(c)           given to a person aged over 16 who normally pays the rent, or

(d)          given to a person aged over 16 at the premises to pass on to the tenant.

(2)          A notice of termination given to a landlord may be:

(a)          posted to the landlord’s address, or

(b)          given to the landlord (or to the landlord’s agent) personally, or

(c)           posted or faxed to the landlord’s agent’s place of business, or

(d)          given to a person aged over 16 who normally collects the rent.

5.           When and how much notice can be given?

(1)          When and how much notice can be given depends on the type of residential tenancy agreement and the reasons for giving notice.

(2)          There are 2 types of agreements; “fixed term agreements” and “continuing agreements”:

(a)          a “fixed term agreement” is one that is for a specified period of time and ends on a specified date. If the date this agreement is due to end (see page 1 of this agreement) has not passed you are still on a fixed term agreement, and

(b)          a “continuing agreement” does not end on a specified date. These agreements usually begin when a fixed term agreement expires and a new one is not entered into, although an agreement can be a continuing one from the beginning.

6.           How to end a fixed term agreement

A fixed term agreement may be ended for the following reasons, provided that at least 14 days’ notice is given:

(a)          if the tenant breaks one of the agreement’s terms,

(b)          if the tenant is more than 14 days in arrears of rent,

(c)           if the landlord breaks one of the agreement’s terms,

(d)          if the landlord or tenant want to end the tenancy at the end of a fixed term agreement (in which case, notice can be given until the final day of the fixed term period, otherwise the agreement becomes a continuing agreement).

7.           How to end a continuing agreement

(1)          Unlike fixed term agreements, the amount of notice that a tenant or a landlord must give to end a continuing agreement is not always the same.

(2)          A continuing agreement may be ended by a landlord in the following ways:

(a)          without stating a reason (in which case at least 60 days’ notice must be given),

(b)          on exchange of a sale contract that requires vacant possession of the rented premises (in which case at least 30 days’ notice must be given),

(c)           if the tenant breaks one of the agreement’s terms or is more than 14 days in arrears of rent (in which case at least 14 days’ notice must be given).

(3)          A continuing agreement may be ended by a tenant:

(a)          without reason (in which case at least 21 days’ notice must be given), or

(b)          if the landlord breaks one of the agreement’s terms (in which case at least 14 days’ notice must be given).

8.           Vacant possession

A notice of termination does not end the tenancy by itself. The tenant must return vacant possession of the premises to the landlord, on or after the day specified in the notice, for the tenancy to end. An application may be made to the Consumer, Trader and Tenancy Tribunal if the tenant does not vacate when required.

9.           Warning

It is an offence for any person to obtain possession of the premises without an order of the Consumer, Trader and Tenancy Tribunal if the tenant does not willingly move out. Fines and compensation can be ordered by a court in relation to such offences.

10.         Rent increases

(1)          The landlord cannot increase the rent during the fixed term unless the agreement sets out the amount of the increase or the method of calculating the amount of the rent increase.

(2)          The tenant must get 60 days’ notice in writing if the landlord wants to increase the rent. This applies even when the agreement provides for, or permits, a rent increase. Where a notice of an increase has been given and the landlord and tenant subsequently agree to a lesser increase than in the notice, the landlord does not need to give a further 60 days’ notice.

(3)          The tenant can apply to the Consumer, Trader and Tenancy Tribunal within 30 days of getting the notice of the rent increase for an order that the rent increase is excessive, having regard to the general market level of rents for similar premises in similar locations.

(4)          If the landlord has reduced or withdrawn any goods, services or facilities, the tenant can at any time apply to the Tribunal for an order that the rent is excessive.

The landlord and tenant enter into this agreement (which includes the condition report) and agree to all its terms.

Signed by the landlord in the presence of [Name of witness]

[Signature of landlord]:

[Signature of witness]:

Signed by the tenant in the presence of [Name of witness]

[Signature of tenant]:

[Signature of witness]:

The tenant acknowledges that, at or before the time of signing this residential tenancy agreement, the tenant was given a copy of the Renting guide: Your basic rights and responsibilities as a tenant, as published by NSW Fair Trading

[Signature of tenant]:

 

Residential Tenancy Agreement Part 2: Condition report

How to complete this report

1.            Three copies of this condition report are filled out and signed by the landlord or the landlord’s agent.

2.            The landlord or the landlord’s agent record the condition of the residential premises by indicating whether the particular room item is clean, undamaged and working by placing “Y” (YES) or “N” (NO) in the appropriate column (see example below).

3.            Two copies of the report which have been filled in and signed by the landlord or the landlord’s agent are given to the tenant at or before the time of entering into the agreement. The landlord keeps the third copy.

4.            The tenant indicates agreement or disagreement with the condition indicated by the landlord or landlord’s agent by placing “Y” (YES) or “N” (NO) in the appropriate columns (see example below).

5.            The tenant returns one copy of the completed condition report to the landlord or landlord’s agent and keeps the second copy.

6.            At, or as soon as practicable after, the termination of a residential tenancy agreement, both the landlord and tenant should complete the copy of the condition report that they retained, indicating the condition of the premises at the end of the tenancy. This should be done in the presence of the other party, unless the other party has been given a reasonable opportunity to be present and has not attended the inspection.

Fair

Trading

www.fairtrading.nsw.gov.au

Important notes about this report

1.            This condition report is an important record of the condition of the premises when the tenancy begins.

2.            At the end of the tenancy the premises will be inspected and the condition of the premises at that time will be compared to that stated in the original condition report.

3.            It is important to complete the condition report accurately. It may be vital if there is a dispute, particularly about the return of the rental bond money and any damage to the premises.

4.            If the tenant disagrees with the landlord’s condition report this must be confirmed in writing, preferably on the condition report, either by placing “N” (NO) in the appropriate column and by making an appropriate comment alongside that column.

5.            The Consumer, Trader and Tenancy Tribunal has the power to hear disputes about the validity of a condition report.

 

 

 

Sample condition report

 

 

               walls/ceiling       Y             Y                            N            Crack in wall over door

UJ           doors/windows/screens Y             N                           Y             window screen torn

C

z

£

1—

2             blinds/curtains   Y             N                           Y             cord broken, no curtains

               lights/power points          Y             Y             Y             Y            

UJ           floor/coverings  N            Y                            Y             carpet stain near window

               other                                                                

               walls/ceiling       Y             Y                            Y            

               doors/windows/screens Y             Y             Y             Y            

               blinds/curtains   Y             Y             Y             Y             no curtains

2             lights/power points          Y             Y             Y             Y             light shade cracked

zכ o        floor/coverings  Y             Y                            Y            

               television points               Y             Y             ?             Y             unable to test (working)

               heating                                                            

               other                                                                

Condition of premises at START of tenancy

 

Where to go for help when you are renting

1.            NSW Fair Trading looks after your bond money and manages the renting laws that cover this tenancy agreement. If you have any questions about your rights and responsibilities under this agreement, contact Fair Trading at www.fairtrading.nsw.gov.au or call 13 32 20. Language assistance on 13 14 50 (ask for an interpreter in your language) TTY 1300 723 404.

2.            Your real estate agent or landlord (write contact number here):

3.            Tenants Advice and Advocacy Service at www.tenants.org.au

Residential Tenancy Agreement Part 2: Condition report

Address of premises:

 

 

 

WATER METER READING: FURNITURE: (See attached list)

Landlord/agent's signature:

Tenant's signature:

Date:

Note. Further items and comments may be added on a separate sheet signed by the landlord/agent and the tenant and attached to this report.

LANDLORD'S PROMISE TO UNDERTAKE WORK [Delete if not required]

The landlord agrees to undertake the following cleaning, repairs, additions or other work during the tenancy:

The landlord agrees to complete that work by:

Landlord/agent's signature:

Tenant's signature:

Date:

Residential Tenancy Agreement Part 2: Condition report

Address of premises:

 

 

WATER METER READING: Landlord/agent's signature: Tenant's signature:

Date: