Residential Tenancy Periodic Agreement (Page 2 of 4) in pdf

TERMS OF THE AGREEMENT

Application of the Act and Regulations

The landlord and the tenant are legally bound to comply with the provisions of the Residential Tenancies

Act 1995 and the associated Regulations. An agreement or arrangement that is inconsistent with this Act or

purports to exclude, modify or restrict the operation of this Act, is (unless the inconsistency, exclusion,

modification or restriction is expressly permitted under this Act) to that extent void.

Maintenance of premises - landlord

The landlord will hand over the premises and ancillary property in a reasonable state of cleanliness,

maintain the premises in a reasonable state of repair and abide by all legal requirements regarding the

buildings and health and safety in respect of the premises.

Maintenance of premises - tenant

The tenant will keep the premises and ancillary property in a reasonable state of cleanliness and will notify

the landlord of any damage to the premises or any state of disrepair that arises during the tenancy. The

tenant must not intentionally or negligently cause or permit damage to the premises or ancillary property.

Use of premises

The tenant will not use, allow or cause the premises to be used for any illegal purpose or cause, or allow a

nuisance. The tenant must not cause or permit an interference with the reasonable peace, comfort or

privacy of another person who resides in the immediate vicinity of the premises.

Handing over vacant possession without legal impediment

At the commencement of the agreement the landlord will hand over vacant possession of the premises to the

tenant (except for any part reserved for the landlord’s own use set out in this document). When handing

over vacant possession the landlord agrees that there is no legal impediment (either known or that should

reasonably be known) that would prevent the tenant from using the premises as a residence for the term of

the tenancy.

Tenant's right to peace comfort and privacy

The landlord will not cause or allow any interference with the peace, comfort or privacy of the tenant and

will take all reasonable steps to enforce this obligation upon any other tenant of the landlord in occupation

of other premises.

Landlord's right of entry

All entry is to be made between 8am and 8pm on any day other than a Sunday or public holiday. The

landlord may, subject to the conditions in term 6 above, enter the premises:

(a) in an emergency;

(b) at a time previously arranged with the tenant, but not more than once every week to collect rent.

(provided a reasonable alternative method of paying rent not involving attendance at the premises has been

offered, but not accepted by the tenant);

to fourteen days before entering the premises specifying a period of up to 2 hours within which the

proposed entry will occur. A 2 hour period does not apply if the premises are in a remote location or it is

necessary for the landlord or agent to be accompanied by a person at the inspection;

(d) to carry out garden maintenance, but only at a time previously arranged with the tenant no more than 7

days before the day of entry or by giving written notice 7 to 14 days before entering the premises;

(e) to carry out necessary maintenance or repairs after giving at least 48 hours notice;

(f) after giving reasonable notice to the tenant to show the premsises to prospective tenants during the last

28 days of a tenancy;

(g) to show the premises to prospective purchasers on not more than 2 occasions in any 7 day period after

giving reasonable notice, or at a time previously arranged with the tenant;

(h) to determine whether a breach has been remedied after having given notice of a breach under section 80

of the Act to the tenant and after giving written notice of no less than 7 and no more than 14 days on a

prescribed form;

(i) for some other genuine purpose after giving written notice 7 to 14 days before entering, or

with the consent of the tenant;

(j) if the landlord believes on reasonable grounds that the tenant has abandoned the premises.

If the tenant indicates that he or she wants to be present during the entry, the landlord must make

reasonable effort to negotiate an entry time that is convenient for the tenant to be present, taking into

account the commitments of both the tenant and the persons entering the premises. This does not apply to

Page 2 of 4

Residential Tenancy Periodic Agreement Page 2

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