Form 1aa - Residential Tenancy Agreement (Page 5 of 10) in pdf

14. If the premises are not separately metered, the notice of the charge must specify:

14.1

the calculation as per the agreed method; and

14.2

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

POSSESSION OF THE PREMISES

15. The lessor must:

15.1

give the tenant vacant possession of the premises on the day on which the tenant is entitled to enter into

occupation of the premises under the agreement; and

15.2

take all reasonable steps to ensure that, at the time of signing this agreement, there is no legal reason why the

tenant cannot occupy the premises as a residence for the term of this agreement.

TENANT’S RIGHT TO QUIET ENJOYMENT

16. The tenant is entitled to quiet enjoyment of the premises without interruption by the lessor or any person claiming by,

through or under the lessor or having superior title to that of the lessor.

17. The lessor or the property manager will not interfere with, or cause or permit any interference with, the reasonable

peace, comfort or privacy of the tenant in the use of the premises. The lessor or the property manager must also take

all reasonable steps to ensure that the lessor’s other neighbouring tenants do not interfere with the reasonable peace,

comfort or privacy of the tenant in the use of the premises.

USE OF THE PREMISES BY TENANT

18. The tenant must:

18.1

use the premises as a place of residence; and

18.2

not use or allow the premises to be used for any illegal purpose; and

18.3

not cause or permit a nuisance; and

18.4

not intentionally or negligently cause or permit damage to the residential premises; and

18.5

advise the lessor or property manager as soon as practicable if any damage occurs; and

18.6

keep the premises in a reasonable state of cleanliness; and

18.7

not cause or allow to be caused injury to the lessor, property manager or any person lawfully on adjacent

premises; and

18.8

not allow anyone who is lawfully at the premises to breach the terms of this agreement.

19. The tenant is responsible for the conduct or omission of any person lawfully on the premises that results in a breach of

the agreement.

LESSOR’S GENERAL OBLIGATIONS FOR RESIDENTIAL PREMISES

20. In this clause, premises includes fixtures and chattels provided with the premises but does not include:

20.1

any fixture or chattel disclosed by the lessor to the tenant as not functioning before the agreement was entered

into; or

20.2

any other fixture or chattel that the tenant could not reasonably have expected to be functioning at the time

the agreement was entered into.

21. The lessor must:

21.1

provide vacant possession of the premises and in a reasonable state of cleanliness and repair; and

21.2

maintain and repair the premises in a timely manner; and

21.3

comply with all laws affecting the premises including building, health and safety laws.

URGENT REPAIRS

22. Urgent repairs are defined by the Residential Tenancies Act 1987 and fall into 2 categories: repairs that are necessary

for the supply or restoration of an essential service and other urgent repairs.

Essential services are listed in the Residential Tenancies Regulations 1989 as electricity, gas, a functioning refrigerator (if

one is provided with the premises), waste water management treatment and water (including the supply of hot water).

Arrangements for repairs that are necessary to supply or restore an essential service must be made with a suitable

repairer within 24 hours. Other urgent repairs are those that are not an essential service, but may nevertheless cause

damage to the premises, injure a person or cause undue hardship or inconvenience to the tenant. Arrangements for

these repairs must be made within 48 hours.

23. In every tenancy, if the need for urgent repair arises other than as a result of a breach of the agreement by the tenant:

23.1

the tenant is to notify the lessor or the property manager of the need for urgent repairs as soon as practicable;

and

FORM 1 AA Residential Tenancy Agreement Page 5 of 10

Form 1aa - Residential Tenancy Agreement Page 5

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