Form 1aa - Residential Tenancy Agreement (Page 8 of 10) in pdf

40.2

if either the lessor or tenant does not want to renew the agreement, by giving written notice of termination. The

notice must be given to the other party at least 30 days prior to the date on which vacant possession of the

premises is to be delivered to the lessor. The notice may be given at any time up until the end of the fixed term

but cannot take effect until the term ends.

ENDING A PERIODIC AGREEMENT

41. If this agreement is a periodic agreement it may be ended:

41.1

by agreement in writing between the lessor and the tenant; or

41.2

by either the lessor or the tenant by giving written notice of termination to the other party. The notice may be

given at any time. The lessor must give at least 60 days’ notice and the tenant must give at least 21 days’ notice.

OTHER GROUNDS FOR ENDING AGREEMENT

42. The Residential Tenancies Act 1987 also authorises the lessor and tenant to end this agreement on other grounds. The

grounds for the lessor include sale of the residential premises, breach of this agreement by the tenant, where the

agreement is frustrated (e.g. where the premises are destroyed or become uninhabitable) and hardship. The grounds

for the tenant include breach of this agreement by the lessor, where the agreement is frustrated (e.g. where the

premises are destroyed or become uninhabitable) and hardship.

43. For more information, refer to the Residential Tenancies Act 1987 or contact the Department of Commerce

on 1300 30 40 54 or visit

44. Warning:

44.1

It is an offence for any person to obtain possession of the residential premises without an order of the

Magistrates Court if the tenant does not willingly move out (a termination notice issued by the lessor or property

manager is not a court order). The court may order fines and compensation to be paid for such an offence.

44.2

It is an offence for a tenant to fail to provide the lessor with a forwarding address when vacating the premises.

SECURITY BOND

45. The security bond is held by the Bond Administrator.

46. The lessor agrees that if the lessor or the property manager applies to the Bond Administrator for all or part of the

security bond to be released to the lessor, the lessor or property manager will provide the tenant with evidence to

support the amount that the lessor is claiming.

47. The Bond Administrator can only release the security bond when it receives either:

47.1

a Joint Application for Disposal of Security Bond form signed by all the parties to the tenancy agreement; or

47.2

an order of the court.

48. If the parties cannot agree on how the security bond is to be dispersed, either party can apply to the Magistrates Court

to have the dispute decided.

49. Warning: It is an offence for a lessor or a property manager to require a tenant to sign a Joint Application for Disposal of

Security Bond form unless the residential tenancy agreement has terminated, the rent to be paid under the tenancy

agreement is decreased or a pet is no longer kept at the premises, and the amount of the security bond to be paid to

the tenant or lessor is stipulated on the form.

TENANCY DATABASES

50. A lessor or property manager can only list a person on a residential tenancy database if:

50.1

the person is a named tenant on the residential tenancy agreement; and

50.2

the residential tenancy agreement has been terminated; and

50.3

the person owes the lessor a debt that is greater than the security bond or a court has made an order

terminating the tenancy agreement.

NOTICES

51A. A notice under this agreement must be given:

51A.1 in the prescribed form; or

51A.2 if there is no prescribed form but there is an approved form — in the approved form; or

51A.3 if there is no prescribed form or approved form — in writing.

51B. A notice from the tenant to the lessor may be given to the property manager or the lessor’s agent.

51C. A notice under this agreement may be given to a person:

51C.1 by giving it to the person directly; or

51C.2 if an address for service for the person is given in the agreement — by posting it to, or leaving it at, the address

for service; or

FORM 1 AA Residential Tenancy Agreement Page 8 of 10

Form 1aa - Residential Tenancy Agreement Page 8

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