Form 1aa - Residential Tenancy Agreement (Page 4 of 10) in pdf

PART B

STANDARD TERMS APPLICABLE TO ALL RESIDENTIAL TENANCY AGREEMENTS

The Residential Tenancies Act 1987 and the Residential Tenancies Regulations 1989 apply to this agreement. Both the lessor

and the tenant must comply with these laws. Some of the rights and obligations in that legislation are outlined below.

RIGHT TO OCCUPY THE PREMISES

The tenant has the right to exclusive occupation and quiet enjoyment of the residential premises during the tenancy.

The residential premises include the additional items but do not include the exclusions noted under “RESIDENTIAL

PREMISES” in Part A.

COPY OF AGREEMENT

The lessor or the property manager must give the tenant:

2.1

a copy of this agreement when this agreement is signed by the tenant; and

2.2

a copy of this agreement signed by both the lessor or the property manager and the tenant within 14 days after

it has been signed and delivered by the tenant.

RENT

The tenant must pay rent on time or the lessor may issue a notice of termination and, if the rent is still not paid in full,

the lessor may take action through the court to evict the tenant.

The tenant must not withhold rent because the tenant is of the view that the lessor is in breach of the agreement.

The lessor or property manager must not:

5.1

require the tenant to pay more than 2 weeks rent in advance; or

5.2

require the tenant to pay rent by post-dated cheque; or

5.3

use rent paid by the tenant for the purpose of any amount payable by the tenant other than rent; or

5.4

require the tenant to pay any monetary amount other than rent, security bond and pet bond.

The lessor or property manager must give a rent receipt to the tenant within 3 days of the rent being paid unless the

rent is paid into an authorised bank or credit union account nominated by the lessor.

A tenancy agreement cannot contain a provision for a penalty, damages or extra payment if the tenant fails to keep to

the agreement or breaches any law. If an agreement allows a reduced rent or a rebate, refund or other benefit if the

tenant does not breach the agreement, the tenant is entitled to the reduction, rebate, refund or other benefit in any

event.

Warning: it is an offence for a tenant to fail or refuse to pay any rent due under a residential tenancy agreement with

the intention that the amount of such rent be recovered by the lessor from the tenant’s security bond.

PAYMENT OF COUNCIL RATES, LAND TAX, WATER AND OTHER CHARGES

The lessor must pay all rates, taxes or charges imposed in respect of the premises under the Local Government Act

1995, the Land Tax Act 2002 or any written law under which a rate, tax or charge is imposed for water supply or

sewerage services under the Water Agencies (Powers) Act 1984 (other than a charge for water consumed). The lessor is

responsible for any contribution levied under the Strata Titles Act 1985 and any contribution levied on a proprietor

under the Strata Titles Act 1985.

PUBLIC UTILITY SERVICES

10. Public utility services have the meaning given in the Land Administration Act 1997 and refers to services such as gas,

electricity and water.

11. If the premises are not separately metered to measure the tenant’s consumption of a public utility service at the

premises and the tenant is expected to pay for his or her consumption of the public utility service, the lessor and tenant

must agree in writing an alternative method of calculating the charge to be paid by the tenant for the consumption of

that public utility service.

12. The tenant must not be required to pay a charge in relation to a public utility service provided to the premises unless

the charge is calculated by reference to the tenant’s actual consumption of the public utility service at the premises and

the tenant is given written notice of the charge.

13. If the premises are separately metered, the notice of the charge must specify:

13.1

the relevant meter reading or readings; and

13.2

the charge per metered unit; and

13.3

the amount of GST payable in respect of the provision of the public utility service to the residential premises.

FORM 1 AA Residential Tenancy Agreement Page 4 of 10

Form 1aa - Residential Tenancy Agreement Page 4

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