Form 18a - General Tenancy Agreement Page 7

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General tenancy agreement (Form 18a)
Residential Tenancies and Rooming Accommodation Act 2008
Division 9 Miscellaneous
(b) the lessor gives a notice to leave the premises to the
tenant and the tenant hands over vacant possession of the
42 Supply of goods and services – s 171
premises to the lessor on or after the handover day; or
(c) the tenant gives a notice of intention to leave the premises
(1) The lessor or the lessor’s agent must not require the tenant to
to the lessor and hands over vacant possession of the
buy goods or services from the lessor or a person nominated
premises to the lessor on or after the handover day; or
by the lessor or agent.
(d) a tribunal makes an order terminating this agreement; or
(2) Subclause (1) does not apply to a requirement about a service
(e) the tenant abandons the premises; or
charge.
(f) after receiving a notice from a mortgagee under section
Note – See section 164 for what is a service charge.
317, the tenant vacates, or is removed from, the premises.
43 Lessor’s agent
Note – For when a notice to leave or a notice of intention to leave may
be given and its effect and when an application for a termination order
(1) The name and address for service of the lessor’s agent is stated
may be made to a tribunal, see the information statement.
in this agreement for item 3.
(2) Also, if a sole tenant dies, this agreement terminates in
(2
Unless a special term provides otherwise, the agent may –
accordance with section 277(7) or (8).
(a) stand in the lessor’s place in any application to a tribunal
Note – See the information statement for details.
by the lessor or the tenant; or
(b) do any thing else the lessor may do, or is required to do,
37 Condition premises must be left in – s 188(4)
under this agreement.
At the end of the tenancy, the tenant must leave the premises,
44 Notices
as far as possible, in the same condition they were in at the
start of the tenancy, fair wear and tear excepted.
(1) A notice under this agreement must be written and, if there is
an approved form for the notice, in the approved form.
Examples of what may be fair wear and tear –
• wear that happens during normal use
Note – See the information statement for a list of the approved forms.
• changes that happen with ageing
(2) A notice from the tenant to the lessor may be given to the
lessor’s agent.
38 Keys
(3) A notice may be given to a party to this agreement or the
At the end of the tenancy, the tenant must return to the lessor all
lessor’s agent –
keys for the premises.
(a) by giving it to the party or agent personally; or
(b) if an address for service for the party or agent is stated in this
39 Tenant’s forwarding address – s 205(2)
agreement for item 1, 2 or 3 – by leaving it at the address,
sending it by prepaid post as a letter to the address; or
(1) When handing over possession of the premises, the tenant
must, if the lessor or the lessor’s agent asks the tenant in writing
(c) if a facsimile number for the party or agent is stated in this
to state the tenant’s new residential address, tell the lessor or
agreement for item 1, 2 or 3 and item 4 indicates that a
the agent the tenant’s new residential address.
notice may be given by facsimile – by sending it by facsimile
(2) However, subclause (1) does not apply if the tenant has a reasonable
to the facsimile number in accordance with the Electronic
excuse for not telling the lessor or agent the new address.
Transactions (Queensland) Act 2001; or
(d) if an email address for the party or agent is stated in this
40 Exit condition report – s 66
agreement for item 1, 2 or 3 and item 4 indicates that a
notice may be given by email – by sending it electronically
(1) As soon as practicable after this agreement ends, the tenant
to the email address in accordance with the Electronic
must prepare, in the approved form, and sign a condition report
Transactions (Queensland) Act 2001.
for the premises and give 1 copy of the report to the lessor or
(4) A party or the lessor’s agent may withdraw his or her consent to
the lessor’s agent.
notices being given to them by facsimile or email only by giving
Example of what might be as soon as practicable – when the tenant
notice to each other party that notices are no longer to be given
returns the keys to the premises to the lessor or the lessor’s agent
to the party or agent by facsimile or email.
Note – For the approved form for the condition report, see the
(5) If no address for service is stated in this agreement for item 2
information statement. The report may be very important in deciding
for the tenant, the tenant’s address for service is taken to be the
who is entitled to a refund of the rental bond if there is a dispute about
the condition of the premises.
address of the premises.
(2) The lessor or the lessor’s agent must, within 3 business days
(6) A party or the lessor’s agent may change his or her address
after receiving the copy of the report –
for service, facsimile number or email address only by giving
notice to each other party of a new address for service, facsimile
(a) sign the copy; and
number or email address.
(b) if the lessor or agent does not agree with the report – show
(7) On the giving of a notice of a new address for service, facsimile
the parts of the report the lessor or agent disagrees with
number or email address for a party or the lessor’s agent, the
by marking the copy in an appropriate way; and
address for service, facsimile number or email address stated
(c) if the tenant has given a forwarding address to the lessor
in the notice is taken to be the party’s or agent’s address
or agent – make a copy of the report and return it to the
for service, facsimile number or email address stated in this
tenant at the address.
agreement for item 1, 2 or 3.
(3) The lessor or agent must keep a copy of the condition report
(8) Unless the contrary is proved –
signed by both parties for at least 1 year after this agreement ends.
(a) a notice left at an address for service is taken to have been
41 Goods or documents left behind on premises –
received by the party to whom the address relates when the
ss 363 and 364
notice was left at the address; and
(b) a notice sent by post is taken to have been received by the
(1) The tenant must take all of the tenant’s belongings from the
person to whom it was addressed when it would have been
premises at the end of the tenancy.
delivered in the ordinary course of post; and
(2) The lessor may not treat belongings left behind as the lessor’s own
(c) a notice sent by facsimile is taken to have been received at
property, but must deal with them under sections 363 and 364.
the place where the facsimile was sent when the sender’s
Note – For details of the lessor’s obligations under sections 363 and
facsimile machine produces a transmission report indicating
364, see the information statement. They may include an obligation to
all pages of the notice have been successfully sent; and
store goods and may allow the lessor to sell goods and pay the net sale
(d) a notice sent by email is taken to have been received by the
proceeds (after storage and selling costs) to the public trustee.
recipient when the email enters the recipient’s email server.
Page 7 of 8
v14 Apr13

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