VICTORIAN RESIDENTIAL TENANCY AGREEMENT

Transcription

1 VICTORIAN RESIDENTIAL TENANCY AGREEMENT 1

2 EXPLANATORY NOTES T his Residential T enancy Agreement is a legally binding contract between you, as T ENANT, and the LANDLORD under the Residential Tenancies Act 1997 for the term specified and any extension thereof. Please read all terms and conditions carefully. Where the LANDLORD has appointed an agent to manage the property, the agent has the legal duty to ensure that the T ENANT complies with their obligations under this Agreement. It is your responsibility, as T ENANT, to inform the LANDLORD or the LANDLORD S agent of any repairs or maintenance that may be required. It is the LANDLORD S obligation to ensure your notice is acted upon in accordance with the Residential Tenancies Act T he LANDLORD or any person acting with the LANDLORD S authority may only enter the Rented Premises with your consent, except in the case of an emergency. From time to time the LANDLORD may require your permission to access the Rented Premises to c onduct repairs and maintenance, inspections or to show the Rented Premises to a prospective tenant or buyer. You must not prevent the LANDLORD S lawful access to the Rented Premises by unreasonable refusing entry. You are required to notify the LANDLORD or LANDLORD S agent in writing if you intend to vacate the Rented Premises before this Agreement expires. You may be required to pay compensation to the LANDLORD for costs associated with establishing a new T enancy and for the payment of any Rent shortfall between the new T enancy and the Rent payable by you under this Agreement. In the event of an unresolved dispute arising between you and the LANDLORD with respect to your rights and obligations under this Agreement, you may refer your dispute to the Dire ctor of Housing for resolution. 2

3 IMPORTANT NOTES ABOUT THIS AGREEMENT 1. T he T ENANT is entitled to take the time to review this Agreement, along with the completed condition report, and to obtain appropriate advice, if necessary. 2. T he LANDLORD is required to hand the T ENANT a copy of this Agreement signed by the T ENANT and the LANDLORD within 14 days from the date of this Agreement. 3. T he LANDLORD must give the T ENANT a copy of the booklet, Renting a Home (A Guide for T ENANT S and LANDLORDS), at the start of the T enancy. 4. When a Bond is paid the LANDLORD and T ENANT must complete a Condition Report and both keep a copy for their records. DEFINITIONS LANDLORD means: a. the person by whom the Rented Premises are let under this Residential T enancy Agreement; or b. the person by whom the Rented Premises are to be let under a proposed Residential T enancy Agreement. LANDLORD S agent means the person who acts as the agent of a LANDLORD and who (whether or not the person carries on any other business) carries on the business as an agent for: a. the letting of Rented Premises; or b. the collection of rents payable for any T enancy of Rented Premises. Rent means a payment under this Residential T enancy Agreement payable by the T ENANT in respect of a period of the T enancy. Rented Premises means any agreement, whether express or implied, under which any person lets Rented Premises as a residence. Bond means an amount payable by a T ENANT as security for the performance of his obligations under a Rented Premises. Tenancy means the right of occupancy under a Rented Premises. TENANT means the grantee of the right of occupancy under a Rented Premises or hi s legal representative, heir or assign. 3

4 RESIDENTIAL TENANCY AGREEMENT (VICTORIA) This Agreement is made on the [insert date] day of [month], 20[year], and mutually agreed upon by and between LANDLORD: [name of landlord] ABN [insert ABN] Phone No [insert phone number] [insert address]. LANDLORD S AGENT: [name of landlord s agent] ABN [insert ABN] Phone No [insert phone number] [insert address]. AND TENANT 1: [name of tenant] ABN [insert ABN] Phone No [insert phone number] [insert address]. TENANT 2: [name of tenant] ABN - [insert ABN] Phone No [insert phone number] [insert address]. TENANT 3: [name of tenant] ABN - [insert ABN] Phone No [insert phone number] [insert address]. TENANT 4: 4

5 [name of tenant] ABN - [insert ABN] Phone No [insert phone number] [insert address]. 1. RENTED PREMISES: T he LANDLORD grants the T ENANT the right to occupy the Rented Premises at [insert address] Furnishings are set out in the condition report (if included). No more than [insert number] persons may normally live in the Rented Premises at any one time. 2. RENT: T he Rent is $ [insert amount] payable every [insert frequency] starting on [insert date] day of [insert month], 20[year]. T he T ENANT must pay the Rent in advance on the [day/date] of every [insert relevant]. T he Rent must be paid: a) T o the LANDLORD, or the LANDLORD S agent, at [insert address]; or b) At any other reasonable place the LANDLORD informs the T ENANT of in writing; or c) Into the following bank account [BSB] [account number] or any other bank account nominated by the LANDLORD. d) Payment must be made by the following method (e.g. in cash, by cheque, by bank account deposit or by any other method agreed to and set out here) 3. BOND T he T ENANT must pay a Bond of $ [amount] to the LANDLORD/agent on [insert date]. In accordance with the Residential Tenancies Act 1997, the LANDLORD must lodge the Bond with the Residential T enancies Bond Authority within 10 business days after receiving the Bond. If there is more than one T ENANT and they do not contribute equally to the total Bond, the amounts they each contribute are listed here: 5

6 [T enant 1] $[Amount] [T enant 2] $[Amount] If the T ENANT does not receive a Bond receipt from the Residential T enancies Bond Authority within 15 business days of paying the Bond, the T ENANT should contact the Residential T enancies Bond Authority. 4. TERM T he term of this Agreement is [insert relevant] beginning on [insert relevant] day of [relevant], [insert] and ending on [insert relevant] day of [insert], [relevant] (Term). Unless this Agreement terminates in accordance with the Residential Tenancies Act 1997, this Agreement will continue as a periodic T enancy; OR T his Agreement will commence from [insert relevant] day of [insert], [insert] and continue until terminated in accordance with the Residential Tenancies Act PAYMENT OF COUNCIL RATES, LAND TAX, ELECTRICITY,GAS,WATER AND OTHER CHARGES T he LANDLORD agrees to pay: a) council rates; b) for water, other than excess water; c) land taxes; d) the cost of installing any meters to measure the supply of water, electricity or gas;. T he T ENANT agrees to be responsible for all charges associated with the consumption of services supplied to the Rented Premises including; e) electricity; f) for gas; g) for excess water; h) telephone; 6

7 i) any excess garbage or sanitary charges; j) any charges for pumping out a septic system. 6. CONDITION OF THE RENTED PREMISES T he LANDLORD must a) ensure that the Rented Premises are maintained in good repair; b) if the LANDLORD owns or controls the common areas relating to those Rented Premises, take reasonable steps to ensure that the common areas are maintained in good repair. 7. CLEANLINESS AND CARE OF THE RENTED PREMISES T he LANDLORD must ensure that the Rented Premises are in a reasonably clean condition and vacant on the day on which it is agreed that the T ENANT is to enter into occupation of the Rented Premises. T he T ENANT agrees a) to keep the Rented Premises in a reasonably clean condition during the period of this Agreement; b) to keep the Rented Premises and common areas clear of all household rubbish; c) to wrap and place all garbage in the wheelie bins provided; d) to put the bin out for collection on a weekly basis; e) to maintain the gardens that form part of the Rented Premises during the T enancy in substantially the same condition as applied at the commencement of the T erm. f) If, in the opinion of the LANDLORD or the LANDLORD S agent, the T ENANT is not maintaining the lawns, garden area, pool or spa in a satisfactory condition, the T ENANT agrees to bear the cost of employing professional services to carry out such work; g) to be responsible for the insurance of their personal effects as they may deem necessary and the LANDLORD will have no responsibility whatsoever for insuring such items; h) to use the leased Rented Premises only as a private residence and for no other purpose, unless otherwise provided for in writing by the LANDLORD; i) to take reasonable precautions not to do anything that may cause prejudice to or increase the 7

8 premium payable by the LANDLORD under any policy of insurance relating to the property. 8. DAMAGE TO THE RENTED PREMISES a) T he T ENANT must take reasonable care to avoid damaging the Rented Premises and any common areas; b) T he T ENANT, when (or if) they becomes aware of damage to the Rented Premises, must give notice to the LANDLORD of any damage to the Rented Premises as soon practicable; c) T he T ENANT agrees not to put anything harmful down any sink, toilet or drain or do anything likely to cause a blockage or damage to the plumbing. T he T ENANT further agrees to pay the cost of repairs for any damage or blockage caused by the T ENANT S negligence; d) T he T ENANT agrees that when the T enancy ends, the T ENANT will leave the Rented Premises in substantially the same condition (fair wear and tear excepted) as set out in the condition report for the Rented Premises that forms part of this Agreement. 9. ALTERATIONS AND ADDITIONS TO THE RENTED PREMISES T he T ENANT agrees: a) not to attach any fixture or renovate, alter or add to the Rented Premises witho ut the LANDLORD S written permission; b) not to remove, without the LANDLORD S written permission, any fixture attached by the T ENANT ; c) to notify the LANDLORD of any damage caused by removing any fixture attached by the T ENANT ; d) to repair any damage caused by removing the fixture or compensate the LANDLORD for the cost of such repair, if the LANDLORD asks. 10. USE OF RENTED PREMISES a) T he T ENANT must not use or allow the Rented Premises to be used for any illegal purpose; b) T he T ENANT must not use or allow the Rented Premises to be used in such a manner as to cause a nuisance or cause an interference with the reasonable peace, comfort or privacy of any occupier of neighbouring premises. 8

9 11. URGENT REPAIRS T he LANDLORD agrees to pay the T ENANT, within 14 days after receiving written notice from the T ENANT, for any reasonable costs (not exceeding $1000) the T ENANT has incurred for making urgent repairs (of the type set out below) so long as: a) T he damage was not caused as a result of a breach of this Agreement by the T ENANT ; b) T he T ENANT gives, or makes a reasonable attempt to give, the LANDLORD notice of the damage; c) T he T ENANT gives the LANDLORD a reasonable opportunity to make the repairs; d) T he T ENANT makes a reasonable attempt to have a nominated repairer named in th is Agreement make the repairs; e) T he repairs are carried out, where appropriate, by licensed or properly qualified persons; f) T he T ENANT, 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 T ENANT pays for. 12. The types of urgent repair to the Rented Premises for which the LANDLORD agrees to make payment are repairs to: a) A burst water service; 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 or fire damage; h) A failure or breakdown of the gas, electricity or water supply to the Rented Premises; i) A failure or breakdown of any essential service on the Rented Premises for hot water, cooking, heating or laundering; j) failure or breakdown in any appliance or fitting supplied by the LANDLORD that will result in a substantial amount of water being wasted; k) a serious fault in a lift or staircase; l) any fault or damage that makes the Rented Premises unsafe or not secure. 13. EMERGENCY CONTACT INFORMATION 9

10 In the event that emergency repairs are needed, the LANDLORD or the LANDLORD S agent can be contacted using the details stated in this Agreement. T he LANDLORD S Nominated Repairers are Electrician: [Insert Name] ph [Insert Number] Plumber: [Insert Name] ph [Insert Number] Other: [Insert if Applicable] ph [Insert if Applicable] 14. SWIMMING POOLS AND SPAS Where the Rented Premises includes a swimming pool or spa the T ENANT agrees: a) to observe any instructions from the LANDLORD about use and maintenance of the pool or spa. b) to bear the cost of all chemical treatments and labour required to keep the pool or spa in good condition. c) to ensure all filtration systems are cleaned regularly. d) to have written consent from the LANDLORD before draining the pool or spa. e) to immediately notify the LANDLORD of any equipment malfunction or damage. 15. LOCKS AND SECURITY DEVICES T he LANDLORD agrees: a) to provide and maintain locks or other security devices necessary to keep the Rented Premises and ancillary property reasonably secure; and b) not to alter, remove or add any lock or other security device without the T ENANT S consent or reasonable excuse; and c) to immediately give the T ENANT a copy of the key or opening devic e or information to open any lock or security device which is added or altered. 16. The TENANT agrees: a) not to alter, remove or add any lock or other security device on the Rented Premises or ancillary property without the LANDLORD S consent or reasonable exc use; and b) to give the LANDLORD a copy of the key or opening device or information to open any lock or 10

11 security device which is altered or added as soon as practicable. 17. QUIET ENJOYMENT T he LANDLORD must take all reasonable steps to ensure that the T ENANT has quiet enjoyment of the Rented Premises. 18. ASSIGNMENT OR SUB-LETTING a) T he T ENANT must not assign or sub-let the whole or any part of the Rented Premises without the written consent of the LANDLORD. b) T he LANDLORD S consent must not be unreasonably withheld. c) T he LANDLORD must not demand or receive any fee or payment for the consent, except in respect of any fees, costs or charges incurred by the LANDLORD in relation to the preparation of a written assignment of this Agreement. 19. TERMINATION T he T ENANT agrees: a) to notify the LANDLORD or the LANDLORD S agent of the T ENANT S forwarding address upon termination of this Agreement; b) to deliver vacant possession of the Rented Premises in a peaceful and prompt manner upon termination of this Agreement, by securely locking the Rented Premises and handing over all keys to the LANDLORD or the LANDLORD S agent. c) T he LANDLORD may terminate this T enancy in accordance with the Residential Tenancies Act 1997 where the T ENANT fails to honour their full obligation under this Agreement. 20. RESIDENTIAL TENANCIES ACT 1997 Each party must comply with the Residential Tenancies Act (NOT E: Reference should be made to the Residential T enancies Act 1997 for further rights and duties.) 21. INDEMNIFICATION T he T ENANT agrees to indemnify and hold harmless the LANDLORD or LANDLORD S agent 11

12 against: a) Any damage to or loss of the T ENANT S property; b) T he injury or death of the T ENANT. 22. ADDITIONAL TERMS T he LANDLORD and the T ENANT may agree to add additional terms to the T enancy Agreement but they must not; a) conflict with the standard terms of this Agreement. b) be inconsistent with or take away any of the rights and duties included in the Residential Tenancies Act LANDLORD'S CHANGE OF ADDRESS T he LANDLORD agrees: a) if the address of the LANDLORD changes (and the LANDLORD does not have an agent), to give the T ENANT notice in writing of the change within 14 days; and b) if the name or business address of the LANDLORD S agent changes or the LANDLORD appoints an agent, to give the T ENANT notice in writing of the change or the agent's name or business address, as appropriate, within 14 days. 24. CHANGE OF ADDRESS OF CERTAIN TENANTS T he T ENANT (who is a corporation other than a statutory corporation) agrees, if the address of the registered office of the T ENANT changes, to give the LANDLORD notice in writing of the change of address. 25. PETS Unless otherwise provided for in writing, no pets are to be kept on the Rented Premises. T his section has been left blank for any other additional terms agreed. T HE LANDLORD AND T ENANT ENT ER INT O T HIS AGREEMENT (WHICH INCLUDES T HE CONDIT ION REPORT ) AND AGREE T O ALL OF IT S T ERMS. 12

13 SIGNED BY T HE LANDLORD in the presence of: [Insert Name] x (signature of witness) x (Signature of LANDLORD) SIGNED BY T HE T ENANT in the presence of: [Insert Name] x (signature of witness) x (Signature of tenant) SIGNED BY T HE T ENANT in the presence of: [Insert Name] x (signature of witness) x (Signature of tenant) 13