Useruploads Files Tenancyagreement Conditionreport
Useruploads Files Tenancyagreement Conditionreport
Standard form
RENT:
The rent is $_________ payable every _________________ starting on ________________________________
The tenant must pay in advance on the__________________ of every_ _________________________________
The rent must be paid:
(a) to the landlord, or the landlord’s agent, at
____________________________________________________________________________________ , or
(b) at any other reasonable place the landlord names in writing, or
(c) into the following account __________________________________________________________________
__________________________________________________ , or any other account nominated by the landlord.
Payment must be made by the following method [eg in cash, by cheque, by bank account deposit or by any
other method agreed to and set out here]:_________________________________________________________
_______________________________________________________________________________________
TERM:
The term of this agreement is ________________________ , beginning on______________________________
and ending on_ __________________________________ .
CONTINUATION:
At the end of the term the tenant can stay in the residential premises at the same rent (or at an increased rent
if the rent is increased in accordance with the Residential Tenancies Act 1987) but otherwise under the same
terms unless or until the agreement is ended in accordance with the Residential Tenancies Act 1987.
For information about your rights and responsibilities under this agreement, contact Fair Trading at www.fairtrading.nsw.gov.au or call 13 32 20.
The Agreement
1. The landlord agrees to give the tenant:
1.1 a copy of this agreement at or before the time the agreement is signed and given by the tenant to the
landlord or a person on the landlord’s behalf, and
1.2 a copy of the agreement signed by both the landlord and the tenant as soon as reasonably practicable.
Rent
2. The tenant agrees to pay rent on time.
3. The landlord agrees to provide a receipt for any rent paid to the landlord or to ensure that the landlord’s agent
provides a receipt for any rent paid to the agent. If the rent is not paid in person, the landlord agrees only to
make the receipt available for collection by the tenant or to post it to the tenant. (The landlord is not required to
provide or make available a receipt if rent is paid into the landlord’s account.)
For information about your rights and responsibilities under this agreement, contact Fair Trading at www.fairtrading.nsw.gov.au or call 13 32 20.
Use of the premises
8. The tenant agrees:
8.1 not to use the residential premises, or cause or permit the premises to be used, for any illegal purpose, and
8.2 not to cause or permit a nuisance, and
8.3 not to interfere, or cause or permit interference, with the reasonable peace, comfort or privacy of
neighbours.
For information about your rights and responsibilities under this agreement, contact Fair Trading at www.fairtrading.nsw.gov.au or call 13 32 20.
Note. The condition report that forms part of this agreement is the condition report set out in Part 2 of this
agreement unless:
(a) the agreement is a renewed agreement, and
(b) the landlord and tenant have agreed that clause 28 of this agreement applies, and
(c) a date has been inserted in clause 28, in which case the specified earlier agreement forms part of this
agreement.
Urgent repairs
16. The landlord agrees to pay the tenant, within 14 days after receiving written notice from the tenant, any
reasonable costs (not exceeding $1,000) the tenant has incurred for making urgent repairs (of the type set out
below) so long as:
16.1 the damage was not caused as a result of a breach of this agreement by the tenant, and
16.2 the tenant gives or makes a reasonable attempt to give the landlord notice of the damage, and
16.3 the tenant gives the landlord a reasonable opportunity to make the repairs, and
16.4 the tenant makes a reasonable attempt to have any appropriate tradesperson named in this agreement
make the repairs, and
16.5 the repairs are carried out, where appropriate, by licensed or properly qualified persons, and
16.6 the tenant as soon as possible gives or tries to give the landlord written details of the repairs, including the
cost and the receipts for anything the tenant pays for.
17. The type of urgent repairs to the residential premises for which the landlord agrees to make payment are
repairs to:
17.1 a burst water service, or
17.2 a blocked or broken lavatory system, or
17.3 a serious roof leak, or
17.4 a gas leak, or
17.5 a dangerous electrical fault, or
17.6 flooding or serious flood damage, or
17.7 serious storm or fire damage, or
17.8 a failure or breakdown of the gas, electricity or water supply to the premises, or
17.9 a failure or breakdown of any essential service on the premises for hot water, cooking, heating or
laundering, or
17.10 any fault or damage that causes the premises to be unsafe or not secure.
Tradesperson/s:
For information about your rights and responsibilities under this agreement, contact Fair Trading at www.fairtrading.nsw.gov.au or call 13 32 20.
Locks and security devices
18. The landlord agrees:
18.1 to provide and maintain locks or other security devices necessary to keep the residential premises
reasonably secure, and
18.2 not to alter, remove or add any lock or other security device without reasonable excuse (which includes an
emergency or an order of the Consumer, Trader and Tenancy Tribunal) unless the tenant agrees, and
18.3 to give the tenant a copy of the key or opening device or information to open any lock or security device
which is added or altered, except where the tenant agrees not to be given a copy or the Tribunal so orders.
19. The tenant agrees:
19.1 not to alter, remove or add any lock or other security device without reasonable excuse (which includes an
emergency or an order of the Consumer, Trader and Tenancy Tribunal) unless the landlord agrees, and
19.2 to give the landlord a copy of the key or opening device or information to open any lock or security device
which is altered or added, except where the landlord agrees not to be given a copy or the Tribunal so
orders.
Smoke alarms
19A. The landlord agrees:
19A.1 to install any smoke alarms that are required by law to be installed on the residential premises, and
19A.2 not to remove or interfere with the operation of any such smoke alarm except with reasonable excuse,
and
19A.3 if any such smoke alarm has a replaceable battery (other than a back up battery), to ensure that a new
battery is installed in the smoke alarm at the beginning of the term of this agreement and, if the battery
needs to be replaced at any time, and the tenant is physically unable to change the battery, to replace
the battery with a new battery as soon as reasonably practicable after being notified that the battery
needs to be replaced.
19B. The tenant agrees:
19B.1 not to remove or interfere with the operation of any smoke alarm installed on the residential premises
except with reasonable excuse, and
19B.2 if any such smoke alarm has a replaceable battery (other than a back up battery), to ensure that the
battery is replaced whenever necessary or, if the tenant is physically unable to change the battery, to
notify the landlord as soon as reasonably practicable after becoming aware that the battery needs to be
replaced, and
19B.3 to notify the landlord if any smoke alarm installed on the residential premises is not functioning properly.
For information about your rights and responsibilities under this agreement, contact Fair Trading at www.fairtrading.nsw.gov.au or call 13 32 20.
Landlord’s change of address
23. The landlord agrees:
23.1 if the address of the landlord changes (and the landlord does not have an agent), to give the tenant notice
in writing of the change within 14 days, and
23.2 if the name or business address of the landlord’s agent changes or the landlord appoints an agent, to give
the tenant notice in writing of the change or the agent’s name or business address, as appropriate, within
14 days, and
23.3 if the landlord or landlord’s agent is a corporation and the name of the secretary or other responsible agent
of the corporation changes or the address of the registered office of the corporation changes, to give the
tenant notice in writing of the change within 14 days.
Mitigation of loss
26. The rules of law relating to mitigation of loss or damage on breach of a contract apply to a breach of this
agreement. (For example, if the tenant breaches this agreement the landlord will not be able to claim damages
for loss which could have been avoided by reasonable effort by the landlord.)
Rental bond
27. The landlord agrees that where the landlord or the landlord’s agent applies to the Rental Bond Board or the
Consumer, Trader and Tenancy Tribunal for payment of the whole or part of the rental bond to the landlord, then
the landlord or the landlord’s agent will provide the tenant with details of the amount claimed and with copies of
any quotations, accounts and receipts that are relevant to the claim.
Additional terms
Additional terms may be included in this agreement if:
(a) both the landlord and tenant agree to the terms, and
(b) they do not conflict with the Residential Tenancies Act 1987 or any other Act, and
(c) they do not conflict with the standard terms of this agreement.
ANY ADDITIONAL TERMS ARE NOT REQUIRED BY LAW AND ARE NEGOTIABLE.
For information about your rights and responsibilities under this agreement, contact Fair Trading at www.fairtrading.nsw.gov.au or call 13 32 20.
Additional term about water
[Cross out this clause if it is not applicable]
29. The tenant agrees to pay for all water used during the term of the agreement (in addition to any excess water
for which the tenant has agreed to pay under clause 5.3 where the charge for the water is calculated according
to the metered amount of water consumed and there is no minimum rate chargeable.
Notes
1. Definitions
In this agreement:
“landlord” means the person who grants the right to occupy residential premises under this agreement, and includes
the person’s heirs, executors, administrators and assigns,
“landlord’s agent” means a person who acts as the agent of the landlord and who (whether or not the person carries
on any other business) carries on business as an agent for:
(a) the letting of residential premises, or
(b) the collection of rents payable for any tenancy of residential premises,
“regulations” means regulations under the Residential Tenancies Act 1987,
“rental bond” means money paid by the tenant as security to carry out this agreement,
“residential premises” means any premises or part of premises (including any land occupied with the premises) used
or intended to be used as a place of residence,
“tenancy” means the right to occupy residential premises under this agreement,
“tenant” means the person who has the right to occupy residential premises under this agreement, and includes the
person’s heirs, executors, administrators and assigns.
2. Notes on ending the tenancy
The first step to end a tenancy is, almost always, for the landlord or the tenant to give a notice of termination. The
tenancy ends when the tenant moves out, on or after the day specified in the notice, or when the Consumer, Trader
and Tenancy Tribunal orders the tenancy to end.
3. Notices of termination
(1) A notice of termination must:
(a) be in writing, and
(b) state the address of the rented premises, and
(c) be signed and dated, and
(d) allow the required period of time, and
(e) give the date the tenant intends to, or is requested to, move out on, and
(f) give the reasons for ending the agreement (if any), and
(g) be properly given.
(2) If the notice is given by or on behalf of a landlord, the notice must state that “information about the tenant’s rights
and obligations can be found in the residential tenancy agreement”.
For information about your rights and responsibilities under this agreement, contact Fair Trading at www.fairtrading.nsw.gov.au or call 13 32 20.
4. How notices are properly given
(1) A notice of termination given to a tenant may be:
(a) posted to the tenant’s home, or
(b) given to the tenant personally, or
(c) given to a person aged over 16 who normally pays the rent, or
(d) given to a person aged over 16 at the premises to pass on to the tenant.
(2) A notice of termination given to a landlord may be:
(a) posted to the landlord’s address, or
(b) given to the landlord (or to the landlord’s agent) personally, or
(c) posted or faxed to the landlord’s agent’s place of business, or
(d) given to a person aged over 16 who normally collects the rent.
5. When and how much notice can be given?
(1) When and how much notice can be given depends on the type of residential tenancy agreement and the reasons
for giving notice.
(2) There are 2 types of agreements; “fixed term agreements” and “continuing agreements”:
(a) a “fixed term agreement” is one that is for a specified period of time and ends on a specified date. If the
date this agreement is due to end (see page 1 of this agreement) has not passed you are still on a fixed term
agreement, and
(b) a “continuing agreement” does not end on a specified date. These agreements usually begin when a fixed
term agreement expires and a new one is not entered into, although an agreement can be a continuing one
from the beginning.
6. How to end a fixed term agreement
A fixed term agreement may be ended for the following reasons, provided that at least 14 days’ notice is given:
(a) if the tenant breaks one of the agreement’s terms,
(b) if the tenant is more than 14 days in arrears of rent,
(c) if the landlord breaks one of the agreement’s terms,
(d) if the landlord or tenant want to end the tenancy at the end of a fixed term agreement (in which case, notice can
be given until the final day of the fixed term period, otherwise the agreement becomes a continuing agreement).
7. How to end a continuing agreement
(1) Unlike fixed term agreements, the amount of notice that a tenant or a landlord must give to end a continuing
agreement is not always the same.
(2) A continuing agreement may be ended by a landlord in the following ways:
(a) without stating a reason (in which case at least 60 days’ notice must be given),
(b) on exchange of a sale contract that requires vacant possession of the rented premises (in which case at least
30 days’ notice must be given),
(c) if the tenant breaks one of the agreement’s terms or is more than 14 days in arrears of rent (in which case at
least 14 days’ notice must be given).
(3) A continuing agreement may be ended by a tenant:
(a) without reason (in which case at least 21 days’ notice must be given), or
(b) if the landlord breaks one of the agreement’s terms (in which case at least 14 days’ notice must be given).
For information about your rights and responsibilities under this agreement, contact Fair Trading at www.fairtrading.nsw.gov.au or call 13 32 20.
8. Vacant possession
A notice of termination does not end the tenancy by itself. The tenant must return vacant possession of the premises
to the landlord, on or after the day specified in the notice, for the tenancy to end. An application may be made to the
Consumer, Trader and Tenancy Tribunal if the tenant does not vacate when required.
9. Warning
It is an offence for any person to obtain possession of the premises without an order of the Consumer, Trader and
Tenancy Tribunal if the tenant does not willingly move out. Fines and compensation can be ordered by a court in
relation to such offences.
10. Rent increases
(1) The landlord cannot increase the rent during the fixed term unless the agreement sets out the amount of the
increase or the method of calculating the amount of the rent increase.
(2) The tenant must get 60 days’ notice in writing if the landlord wants to increase the rent. This applies even when
the agreement provides for, or permits, a rent increase. Where a notice of an increase has been given and the
landlord and tenant subsequently agree to a lesser increase than in the notice, the landlord does not need to give
a further 60 days’ notice.
(3) The tenant can apply to the Consumer, Trader and Tenancy Tribunal within 30 days of getting the notice of the rent
increase for an order that the rent increase is excessive, having regard to the general market level of rents for
similar premises in similar locations.
(4) If the landlord has reduced or withdrawn any goods, services or facilities, the tenant can at any time apply to the
Tribunal for an order that the rent is excessive.
The landlord and tenant enter into this agreement (which includes the condition report)
and agree to all its terms.
[Signature of landlord]:_____________________________________________________________________
[Signature of witness]:_____________________________________________________________________
[Signature of tenant]:______________________________________________________________________
[Signature of witness]:_____________________________________________________________________
The tenant acknowledges that, at or before the time of signing this residential tenancy agreement, the tenant was
given a copy of the Renting guide: Your basic rights and responsibilities as a tenant, as published by NSW Fair Trading.
[Signature of tenant]:______________________________________________________________________
For information about your rights and responsibilities under this agreement, contact Fair Trading at www.fairtrading.nsw.gov.au or call 13 32 20.
Residential Tenancy Agreement
Part 2: Condition report www.fairtrading.nsw.gov.au
Condition of premises
Where to go for help when
mag
nt ag
ing
at START of tenancy
n
Unda
Work
Clea
Tena
walls/ceiling Y Y N
Comments
Crack in wall over door
you are renting
doors/windows/screens Y N Y window screen torn
1. NSW Fair Trading looks after your bond money and
ENTRANCE
rees
rees
ed
ed
Condition of premises Condition of premises
ma g
ma g
nt ag
nt ag
ing
ing
at START of tenancy at START of tenancy
n
Unda
Unda
Work
Work
Clea
Clea
Tena
Tena
Comments Comments
walls/ceiling walls/ceiling
doors/windows/screens doors/windows/screens
BEDROOM 3
ENTRANCE
blinds/curtains blinds/curtains
lights/power points lights/power points
floor/coverings floor/coverings
other other
walls/ceiling walls/ceiling
doors/windows/screens doors/windows/screens
OTHER ROOM
blinds/curtains blinds/curtains
LOUNGE
floor/coverings shower
television points shower screen
heating wash basin
other tiling
walls/ceiling mirror/cabinet
doors/windows/screens towel rails
blinds/curtains toilet/w.c.
lights/power points heating
floor/coverings other
cupboards/drawers walls/ceiling
bench tops/tiling doors/windows/screens
KITCHEN
blinds/curtains gates/fences
lights/power points grounds/garden
floor/coverings doors
GENERAL
other staircases
walls/ceiling letter box
doors/windows/screens street number
BEDROOM 2
WATER METER READING: ________________________________________________ LANDLORD’S PROMISE TO UNDERTAKE WORK [Delete if not required]
FURNITURE: (See attached list) The landlord agrees to undertake the following cleaning, repairs, additions or other work
rees
rees
ed
ed
Condition of premises Condition of premises
ma g
ma g
nt ag
nt ag
ing
ing
at END of tenancy at END of tenancy
n
Unda
Unda
Work
Work
Clea
Clea
Tena
Tena
Comments Comments
walls/ceiling walls/ceiling
doors/windows/screens doors/windows/screens
BEDROOM 3
ENTRANCE
blinds/curtains blinds/curtains
lights/power points lights/power points
floor/coverings floor/coverings
other other
walls/ceiling walls/ceiling
doors/windows/screens doors/windows/screens
OTHER ROOM
blinds/curtains blinds/curtains
LOUNGE
floor/coverings shower
television points shower screen
heating wash basin
other tiling
walls/ceiling mirror/cabinet
doors/windows/screens towel rails
blinds/curtains toilet/w.c.
lights/power points heating
floor/coverings other
cupboards/drawers walls/ceiling
bench tops/tiling doors/windows/screens
KITCHEN
blinds/curtains gates/fences
lights/power points grounds/garden
floor/coverings doors
GENERAL
other staircases
walls/ceiling letter box
doors/windows/screens street number
BEDROOM 2
Tenant’s signature:_______________________________________________________
Date:_________________________________________________________________