Professional Documents
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Complete With Docusign Lease Renewal EXP 02
Complete With Docusign Lease Renewal EXP 02
Complete With Docusign Lease Renewal EXP 02
IMPORTANT INFORMATION
Please read this before completing the residential tenancy agreement (the Agreement).
1. This form is your written record of your tenancy agreement. This is a binding contract under the Residential Tenancies Act 2010, so
please read all terms and conditions carefully.
2. If you need advice or information on your rights and responsibilities, please call NSW Fair Trading on 13 32 20 or visit
www.fairtrading.nsw.gov.au before signing the Agreement.
3. If you require extra space to list additional items and terms, attach a separate sheet. All attachments should be signed and dated by
both the landlord or the landlord's agent and the tenant to show that both parties have read and agree to the attachments.
4. The landlord or the landlord's agent must give the tenant a copy of the signed Agreement and any attachments, two copies or one
electronic copy of the completed condition report and a copy of NSW Fair Trading's Tenant Information Statement publication.
AGREEMENT
This Agreement is made on / / at: 1/10 Bay Street, Tweed Heads NSW 2485 NSW BETWEEN
LANDLORD
Insert name and telephone number or other contact details of Landlord(s).
Name/s: Hickling
Phone: Mobile: Email: haciendap@gmail.com
Other Contact Details:
If the landlord does not ordinarily reside in New South Wales, specify the State, Territory or, if not in Australia, country in which the
landlord ordinarily resides: NSW
Note. The above details must be provided for landlord(s), including at least one contact method, whether or not there is a landlord's
agent.
LANDLORD'S AGENT DETAILS (insert name of Landlord's Agent (if any) and contact details)
Name/s: Amanda Patterson Boutique Properties T/as Local Realty Sales & Rentals
Address: 1/10 Bay Street ACN:
Tweed Heads NSW 2485 ABN: 40671393976
Phone: ( 07 ) 5599 1905 Mobile: 0409 442 588 Email: admin@localrealty.com.au
Licence No.: NSW:1425642 QLD:3663506 Licence Expiry: NSW:20/04/26 QLD:30/10/24
TERM OF AGREEMENT
The term of this Agreement is:
6 Months 12 Months 18 Months 2 Years 3 Years 5 Years
Other (Please specify) 4 Months
Periodic (no end date)
starting on: 06 / 08 / 2024 and ending on: 02 / 12 / 2024 (cross out if not applicable)
Note. For a residential tenancy agreement having a fixed term of more than 3 years, the agreement must be annexed to the form
approved by the Registrar-General for registration under the Real Property Act 1900.
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RESIDENTIAL PREMISES Note: insert any excluded items in the Other Additional Terms Item on the signature page
The residential premises are: Site 9MV / 37 Chinderah Bay Drive, Chinderah NSW 2487
The residential premises include: (include any inclusions, for example, a parking space, garages or furniture provided. Attach additional
pages if necessary.)
As Per Entry Condition Report and Inventory
Furnished
1 x Car space
Park Rules
Gas bottle to be replace by tenant when it runs out
RENT/RENT INCREASE
The rent is: $550.00 per: Week payable in advance starting on: 12 / 12 / 2023
Note. Under section 33 of the Residential Tenancies Act 2010, a landlord, or landlord's agent, must not require a tenant to pay more than
2 weeks rent in advance under this Agreement.
Rent Increase 1: Then from: / / pay: per: Week
Rent Increase 2: Then from: / / pay: per: Week
Note. Where the fixed term tenancy is for a term of two years or more the above Rent Increases are not to be completed. See Clause
74.2.
The tenant must pay the rent in advance on the Tuesday of every Week (see Clause 4.2)
The method by which the rent must be paid:
(a) to: at:
by cash or Electronic Funds Transfer (EFT), or
(b) into the following account:
Account Name: A Pattereson TA Local Realty NSW Trust Bank: Westpac
BSB: 032563 Account No.: 329041 Payment Reference: 2188
or any other account nominated by the landlord; or
(c) as follows:
Note. The Landlord or Landlord's Agent must permit the Tenant to pay the rent by at least one means for which the Tenant does not incur
a cost (other than bank fees or other account fees usually payable for the Tenant's transactions) (see Clause 4.1) and that is reasonably
available to the Tenant.
Note. All rental bonds must be lodged with NSW Fair Trading. If the bond is paid to the landlord or another person, it must be deposited
within 10 working days after it is paid using the Fair Trading approved form. If the bond is paid to the landlord's agent, it must be deposited
within 10 working days after the end of the month in which it is paid.
IMPORTANT INFORMATION
MAXIMUM NUMBER OF OCCUPANTS
No more than 1 persons may ordinarily live in the Premises at any one time.
Other people who will ordinarily live at the premises may be listed here: (cross out if not needed)
No Other Approved Occupants
URGENT REPAIRS
Nominated tradespeople for urgent repairs:
Electrical Repairs: Contact Local Realty Sales and Rentals Phone: ( 07 ) 5599 1905
Plumbing Repairs: Contact Local Realty Sales and Rentals Phone: ( 07 ) 5599 1905
Building Repairs: Contact Local Realty Sales and Rentals Phone: ( 07 ) 5599 1905
Other Repairs: Contact Local Realty Sales and Rentals Phone: 0488 058 078
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WATER USAGE
Will the Tenant be required to pay separately for water usage? Yes No If 'yes', see Clauses 12 and 13
UTILITIES
Is electricity supplied to the premises from an embedded network? Yes No
Is gas supplied to the premises from an embedded network? Yes No
For more information on consumer rights if electricity or gas is supplied from an embedded network contact NSW Fair Trading.
SMOKE ALARMS
Indicate whether the smoke alarms installed in the residential premises are hardwired or battery operated:
Hardwired smoke alarm Battery operated smoke alarm
If the smoke alarms are battery operated, are the batteries in the smoke alarms of a kind the tenant can replace? Yes No
If yes, specify the type of battery that needs to be used if the battery in the smoke alarm needs to be replaced:
Contact Local Realty Sales and Rentals
If the smoke alarms are hardwired, are the back-up batteries in the smoke alarms of a kind the tenant can
replace? Yes No
If yes, specify the type of back-up battery that needs to be used if the back-up battery in the smoke alarm needs to be replaced:
NA
If the Strata Schemes Management Act 2015 applies to the residential premises, is the owners corporation of the
strata scheme responsible for the repair and replacement of smoke alarms in the residential premises? Yes No
STRATA BY-LAWS
Are there any strata or community scheme by-laws applicable to the residential premises? Yes No
If 'yes', see Clauses 38 and 39
Tenant
Does the tenant give express consent to the electronic service of notices and documents? Yes No If yes, see clause 50.
Email Address: andrewrylko@hotmail.com
[Specify email address to be used for the purpose of serving notices and documents.]
CONDITION REPORT
A condition report relating to the condition of the premises must be completed by or on behalf of the Landlord before or when this
Agreement is given to the tenant for signing.
If this Agreement is for premises already occupied by the tenant under a previous agreement, the landlord and tenant agree that the
condition report, prepared for a tenancy agreement dated 11 / 12 / 2023 and entered into by the tenant, applies to this Agreement.
TENANCY LAWS
The Residential Tenancies Act 2010 and the Residential Tenancies Regulation 2019 apply to this Agreement. Both the Landlord and the
Tenant must comply with these laws.
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Note 1. Section 52 of the Residential Tenancies Act 2010 specifies 20.4 the tenant makes a reasonable attempt to have any
the minimum requirements that must be met for residential appropriate tradesperson named in this agreement make the
premises to be fit to live in. These include that the residential repairs, and
premises: 20.5 the repairs are carried out, where appropriate, by licensed or
(a) are structurally sound, and properly qualified persons, and
(b) have adequate natural light or artificial lighting in each room 20.6 the tenant, as soon as possible, gives or tries to give the
of the premises other than a room that is intended to be landlord written details of the repairs, including the cost and
used only for the purposes of storage or a garage, and the receipts for anything the tenant pays for.
(c) have adequate ventilation, and Note. The type of repairs that are urgent repairs are defined in the
(d) are supplied with electricity or gas and have an adequate Residential Tenancies Act 2010 and are defined as follows-
number of electricity outlet sockets or gas outlet sockets for (a) a burst water service,
the supply of lighting and heating to, and use of appliances (b) an appliance, fitting or fixture that uses water or is used to
in, the premises, and supply water that is broken or not functioning properly, so
(e) have adequate plumbing and drainage, and that a substantial amount of water is being wasted,
(f) are connected to a water supply service or infrastructure that (c) a blocked or broken lavatory system,
supplies water (including, but not limited to, a water bore or (d) a serious roof leak,
water tank) that is able to supply to the premises hot and (e) a gas leak,
cold water for drinking and ablution and cleaning activities, (f) a dangerous electrical fault,
and (g) flooding or serious flood damage,
(g) contain bathroom facilities, including toilet and washing (h) serious storm or fire damage,
facilities, that allow privacy for the user.
(i) a failure or breakdown of the gas, electricity or water supply
Note 2. Premises are structurally sound only if the floors, ceilings,
to the premises,
walls, supporting structures (including foundations), doors,
(j) a failure or breakdown of any essential service on the
windows, roof, stairs, balconies, balustrades and railings:
residential premises for hot water, cooking, heating, cooling
(a) are in a reasonable state of repair, and or laundering,
(b) with respect to the floors, ceilings, walls and supporting (k) any fault or damage that causes the premises to be unsafe
structures-are not subject to significant dampness, and or insecure.
(c) with respect to the roof, ceilings and windows-do not allow
water penetration into the premises, and SALE OF THE PREMISES
(d) are not liable to collapse because they are rotted or 21. The landlord agrees:
otherwise defective. 21.1 to give the tenant written notice that the landlord intends to
19.2 to make sure that all light fittings on the residential premises sell the residential premises, at least 14 days before the
have working light globes on the commencement of the premises are made available for inspection by potential
tenancy, and purchasers, and
19.3 to keep the residential premises in a reasonable state of 21.2 to make all reasonable efforts to agree with the tenant as to
repair, considering the age of, the rent paid for and the the days and times when the residential premises are to be
prospective life of the premises, and available for inspection by potential purchasers.
19.4 not to interfere with the supply of gas, electricity, water, 22. The tenant agrees not to unreasonably refuse to agree to
telecommunications or other services to the residential days and times when the residential premises are to be
premises (unless the interference is necessary to avoid available for inspection by potential purchasers.
danger to any person or enable maintenance or repairs to be 23. The landlord and the tenant agree:
carried out), and 23.1 that the tenant is not required to agree to the residential
19.5 not to hinder a tradesperson's entry to the residential premises being available for inspection more than twice in a
premises when the tradesperson is carrying out period of a week, and
maintenance or repairs necessary to avoid health or safety 23.2 that, if they fail to agree, the landlord may show the
risks to any person, or to avoid a risk that the supply of gas, residential premises to potential purchasers not more than
electricity, water, telecommunications or other services to twice in any period of a week and must give the tenant at
the residential premises may be disconnected, and least 48 hours notice each time.
19.6 to comply with all statutory obligations relating to the health
LANDLORD'S ACCESS TO THE PREMISES
or safety of the residential premises, and
19.7 that a tenant who is the victim of a domestic violence offence 24. The landlord agrees that the landlord, the landlord's agent
or a co-tenant who is under the same agreement as the or any person authorised in writing by the landlord, during
victim of the domestic violence offence but is not a relevant the currency of this agreement, may only enter the
domestic violence offender is not responsible to the landlord residential premises in the following circumstances:
for any act or omission by a co-tenant that is a breach of this 24.1 in an emergency (including entry for the purpose of carrying
agreement if the act or omission constitutes or resulted in out urgent repairs),
damage to the premises and occurred during the 24.2 if the Civil and Administrative Tribunal so orders,
commission of a domestic violence offence. 24.3 if there is good reason for the landlord to believe the
URGENT REPAIRS premises are abandoned,
24.4 if there is good reason for serious concern about the health
20. The landlord agrees to pay the tenant, within 14 days after
of the tenant or any other person on the residential premises
receiving written notice from the tenant, any reasonable
and a reasonable attempt has been made to obtain consent
costs (not exceeding $1,000) that the tenant has incurred for
to the entry,
making urgent repairs to the residential premises (of the type
set out below) so long as: 24.5 to inspect the premises, if the tenant is given at least 7 days
written notice (no more than 4 inspections are allowed in any
20.1 the damage was not caused as a result of a breach of this
period of 12 months),
agreement by the tenant, and
24.6 to carry out, or assess the need for, necessary repairs, if the
20.2 the tenant gives or makes a reasonable attempt to give the
tenant is given at least 2 days notice each time,
landlord notice of the damage, and
20.3 the tenant gives the landlord a reasonable opportunity to
make the repairs, and
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24.7 to carry out, or assess the need for, work relating to statutory 30.3 to pay the cost of a fixture, installed by or on behalf of the
health and safety obligations relating to the residential tenant, or any renovation, alteration or addition to the
premises, if the tenant is given at least 2 days notice each residential premises, unless the landlord otherwise agrees,
time, and
24.8 to show the premises to prospective tenants on a reasonable 30.4 not to remove, without the landlord's permission, any fixture
number of occasions if the tenant is given reasonable notice attached by the tenant that was paid for by the landlord or for
on each occasion (this is only allowed during the last 14 which the landlord gave the tenant a benefit equivalent to the
days of the agreement), cost of the fixture, and
24.9 to value the property, if the tenant is given 7 days notice (not 30.5 to notify the landlord of any damage caused by removing
more than one valuation is allowed in any period of 12 any fixture attached by the tenant, and
months), 30.6 to repair any damage caused by removing the fixture or
24.10 to take photographs, or make visual recordings, of the inside compensate the landlord for the reasonable cost of repair.
of the premises in order to advertise the premises for sale or 31. The landlord agrees not to unreasonably withhold consent
lease, if the tenant is given reasonable notice and to a fixture, or to an alteration, addition or renovation that is
reasonable opportunity to move any of their possessions of a minor nature.
that can reasonably be moved out of the frame of the Note. The Residential Tenancies Regulation 2019 provides a list of
photograph or the scope of the recording (this is only the kinds of fixtures or alterations, additions or renovations of a
allowed once in a 28 day period before marketing of the minor nature to which it would be unreasonable for a landlord to
premises starts for sale or lease or the termination of this withhold consent and which of those fixtures, or alterations,
agreement), additions or renovations the landlord may give consent to on the
24.11 if the tenant agrees. condition that the fixture or alteration, addition or renovation is
25. The landlord agrees that a person who enters the carried out by an appropriately qualified person.
residential premises under clause 24.5, 24.6, 24.7, 24.8, LOCKS AND SECURITY DEVICES
24.9 or 24.10 of this agreement:
32. The landlord agrees:
25.1 must not enter the premises on a Sunday or a public holiday,
32.1 to provide and maintain locks or other security devices
unless the tenant agrees, and
necessary to keep the residential premises reasonably
25.2 may enter the premises only between the hours of 8.00 a.m.
secure, and
and 8.00 p.m., unless the tenant agrees to another time,
and 32.2 to give each tenant under this agreement a copy of the key
or opening device or information to open any lock or security
25.3 must not stay on the residential premises longer than is
device for the residential premises or common property to
necessary to achieve the purpose of the entry to the
which the tenant is entitled to have access, and
premises, and
32.3 not to charge the tenant for the cost of providing the copies
25.4 must, if practicable, notify the tenant of the proposed day
except to recover the cost of replacement or additional
and time of entry.
copies, and
26. The landlord agrees that, except in an emergency
32.4 not to alter, remove or add any lock or other security device
(including to carry out urgent repairs), a person other than
without reasonable excuse (which includes an emergency,
the landlord or the landlord's agent must produce to the
an order of the Civil and Administrative Tribunal, termination
tenant the landlord's or the landlord's agent's written
of a co-tenancy or an apprehended violence order
permission to enter the residential premises.
prohibiting a tenant or occupant from having access) or
27. The tenant agrees to give access to the residential unless the tenant agrees, and
premises to the landlord, the landlord's agent or any person, 32.5 to give each tenant under this agreement a copy of any key
if they are exercising a right to enter the residential premises or other opening device or information to open any lock or
in accordance with this agreement. security device that the landlord changes as soon as
PUBLISHING PHOTOGRAPHS OR VISUAL RECORDINGS practicable (and no later than 7 days) after the change.
28. The landlord agrees that the landlord or the landlord's 33. The tenant agrees:
agent must not publish any photographs taken or visual 33.1 not to alter, remove or add any lock or other security device
recordings made of the inside of the residential premises in without reasonable excuse (which includes an emergency,
which the tenant's possessions are visible unless they first an order of the Civil and Administrative Tribunal, termination
obtain written consent from the tenant. of a co-tenancy or an apprehended violence order
Note. See section 55A of the Residential Tenancies Act 2010 for prohibiting a tenant or occupant from having access) or
when a photograph or visual recording is published. unless the landlord agrees, and
29. The tenant agrees not to unreasonably withhold consent. If 33.2 to give the landlord a copy of the key or opening device or
the tenant is in circumstances of domestic violence, within information to open any lock or security device that the
the meaning of section 105B of the Residential Tenancies tenant changes within 7 days of the change.
Act 2010, it is not unreasonable for the tenant to withhold 34. A copy of a changed key or other opening device need not
consent. be given to the other party if the other party agrees not to be
given a copy or the Civil and Administrative Tribunal
FIXTURES, ALTERATIONS, ADDITIONS OR RENOVATIONS authorises a copy not to be given or the other party is
TO THE PREMISES prohibited from access to the residential premises by an
30. The tenant agrees: apprehended violence order.
30.1 not to install any fixture or renovate, alter or add to the TRANSFER OF TENANCY OR SUB-LETTING BY TENANT
residential premises without the landlord's written
permission, and 35. The landlord and the tenant agree that:
30.2 that certain kinds of fixtures or alterations, additions or 35.1 the tenant may, with the landlord's written permission,
renovations that are of a minor nature specified by clause transfer the tenant's tenancy under this agreement or sub-let
22(2) of the Residential Tenancies Regulation 2019 may the residential premises, and
only be carried out by a person appropriately qualified to 35.2 the landlord may refuse permission (whether or not it is
carry out those alterations unless the landlord gives consent, reasonable to do so) to the transfer of the whole of the
and tenancy or sub-letting the whole of the residential premises,
and
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35.3 the landlord must not unreasonably refuse permission to a SMOKE ALARMS
transfer of part of a tenancy or a sub-letting of part of the 42. The landlord agrees to:
residential premises, and
42.1 ensure that smoke alarms are installed in accordance with
35.4 without limiting clause 35.3, the landlord may refuse
the Environmental Planning and Assessment Act 1979 if that
permission to a transfer of part of the tenancy or to
Act requires them to be installed in the premises and are
sub-letting part of the residential premises if the number of
functioning in accordance with the regulations under that
occupants would be more than is permitted under this
Act, and
agreement or any proposed tenant or sub-tenant is listed on
a residential tenancy database or it would result in 42.2 conduct an annual check of all smoke alarms installed on the
overcrowding of the residential premises. residential premises to ensure that the smoke alarms are
functioning, and
Note. Clauses 35.3 and 35.4 do not apply to social housing tenancy
agreements. 42.3 install or replace, or engage a person to install or replace, all
36. The landlord agrees not to charge for giving permission removable batteries in all smoke alarms installed on the
residential premises annually, except for smoke alarms that
other than for the landlord's reasonable expenses in giving
have a removable lithium battery, and
permission.
42.4 install or replace, or engage a person to install or replace, a
CHANGE IN DETAILS OF LANDLORD OR LANDLORD'S AGENT removable lithium battery in a smoke alarm in the period
37. The landlord agrees: specified by the manufacturer of the smoke alarm, and
37.1 if the name and telephone number or contact details of the 42.5 engage an authorised electrician to repair or replace a
landlord change, to give the tenant notice in writing of the hardwired smoke alarm, and
change within 14 days, and 42.6 repair or replace a smoke alarm within 2 business days of
37.2 if the address of the landlord changes (and the landlord does becoming aware that the smoke alarm is not working unless
not have an agent), to give the tenant notice in writing of the the tenant notifies the landlord that the tenant will carry out
change within 14 days, and the repair to the smoke alarm and the tenant carries out the
37.3 if the name, telephone number or business address of the repair, and
landlord's agent changes or the landlord appoints an agent, 42.7 reimburse the tenant for the costs of a repair or replacement
to give the tenant notice in writing of the change or the of a smoke alarm in accordance with clause 18 of the
agent's name, telephone number and business address, as Residential Tenancies Regulation 2019, that the tenant is
appropriate, within 14 days, and allowed to carry out.
37.4 if the landlord or landlord's agent is a corporation and the Note 1. Under section 64A of the Residential Tenancies Act 2010,
name or business address of the corporation changes, to repairs to a smoke alarm includes maintenance of a smoke alarm in
give the tenant notice in writing of the change within 14 days, working order by installing or replacing a battery in the smoke
and alarm.
37.5 if the State, Territory or country in which the landlord Note 2. Clauses 42.2-42.7 do not apply to a landlord of premises
ordinarily resides changes, to give the tenant notice in that comprise or include a lot in a strata scheme (within the
writing of the change within 14 days. meaning of the Strata Schemes Management Act 2015) if the
owners corporation is responsible for the repair and replacement of
COPY OF CERTAIN BY-LAWS TO BE PROVIDED
smoke alarms in the residential premises.
[Cross out if not applicable]
Note 3. A tenant who intends to carry out a repair to a smoke alarm
38. The landlord agrees to give to the tenant, before the tenant may do so only in the circumstances prescribed for a tenant in
enters into this agreement, a copy of the by-laws applying to clause 15 of the Residential Tenancies Regulation 2019.
the residential premises if they are premises under the Note 4. Section 64A of the Act provides that a smoke alarm
Strata Schemes Management Act 2015.
includes a heat alarm.
39. The landlord agrees to give to the tenant, within 7 days of 43. The tenant agrees:
entering into this agreement, a copy of the by-laws applying
43.1 to notify the landlord if a repair or a replacement of a smoke
to the residential premises if they are premises under the
alarm is required, including replacing a battery in the smoke
Strata Schemes Development Act 2015, the Community
alarm, and
Land Development Act 1989 or the Community Land
Management Act 1989. 43.2 that the tenant may only replace a battery in a
battery-operated smoke alarm, or a back-up battery in a
MITIGATION OF LOSS hardwired smoke alarm, if the smoke alarm has a removable
40. The rules of law relating to mitigation of loss or damage on battery or a removable back-up battery, and
breach of a contract apply to a breach of this agreement. 43.3 to give the landlord written notice, as soon as practicable if
(For example, if the tenant breaches this agreement, the the tenant will carry out and has carried out a repair or
landlord will not be able to claim damages for loss which replacement, or engages a person to carry out a repair or
could have been avoided by reasonable effort by the replacement, in accordance with clauses 15-17 of the
landlord.) Residential Tenancies Regulation 2019.
RENTAL BOND Note. Clauses 43.2 and 43.3 do not apply to tenants under social
housing tenancy agreements or tenants of premises that comprise
[Cross out this clause if no rental bond is payable]
or include a lot in a strata scheme (within the meaning of the Strata
41. The landlord agrees that, where the landlord or the Schemes Management Act 2015) if the owners corporation is
landlord's agent applies to the Rental Bond Board or the Civil responsible for the repair and replacement of smoke alarms in the
and Administrative Tribunal for payment of the whole or part residential premises.
of the rental bond to the landlord, the landlord or the
44. The landlord and the tenant each agree not to remove or
landlord's agent will provide the tenant with:
interfere with the operation of a smoke alarm installed on the
41.1 details of the amount claimed, and residential premises unless they have a reasonable excuse
41.2 copies of any quotations, accounts and receipts that are to do so.
relevant to the claim, and Note. The regulations made under the Environmental Planning and
41.3 a copy of a completed condition report about the residential Assessment Act 1979 provide that it is an offence to remove or
premises at the end of the residential tenancy agreement. interfere with the operation of a smoke alarm or a heat alarm in
particular circumstances.
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SWIMMING POOLS 50.2 to notify the other party in writing within 7 days if the email
[Cross out this clause if there is no swimming pool] address specified for electronic service of notices and other
documents changes, and
45. The landlord agrees to ensure that the requirements of the
50.3 that they may withdraw their consent to the electronic
Swimming Pools Act 1992 have been complied with in
service of notices and other documents at any time, by
respect of the swimming pool on the residential premises.
notifying the other party in writing, and
[Cross out the following clause if there is no swimming pool or the
50.4 if a notice is given withdrawing consent to electronic service
swimming pool is situated on land in a strata scheme (within the
meaning of the Strata Schemes Management Act 2015) or in a of notices and other documents, following the giving of such
community scheme (within the meaning of the Community Land notice, no further notices or other documents are to be
Development Act 1989) and that strata or community scheme served by email.
comprises more than 2 lots] BREAK FEE FOR FIXED TERM OF NOT MORE THAN 3 YEARS
46. The landlord agrees to ensure that at the time that this 51. The tenant agrees that, if the tenant ends the residential
residential tenancy agreement is entered into: tenancy agreement before the end of the fixed term of the
46.1 the swimming pool on the residential premises is registered agreement, the tenant must pay a break fee of the following
under the Swimming Pools Act 1992 and has a valid amount if the fixed term is not more than 3 years:
certificate of compliance under that Act or a relevant 51.1 4 weeks rent if less than 25% of the fixed term has expired,
occupation certificate within the meaning of that Act, and
51.2 3 weeks rent if 25% or more but less than 50% of the fixed
46.2 a copy of that valid certificate of compliance or relevant term has expired,
occupation certificate is provided to the tenant. 51.3 2 weeks rent if 50% or more but less than 75% of the fixed
Note. A swimming pool certificate of compliance is valid for 3 years term has expired,
from its date of issue. 51.4 1 week's rent if 75% or more of the fixed term has expired.
LOOSE-FILL ASBESTOS INSULATION This clause does not apply if the tenant terminates a fixed term
47. The landlord agrees: residential tenancy agreement for a fixed term of more than 3 years
47.1 if, at the time that this residential tenancy agreement is or if the tenant terminates a residential tenancy agreement early for
entered into, the premises have been and remain listed on a reason that is permitted under the Residential Tenancies Act
the LFAI Register, the tenant has been advised in writing 2010.
by the landlord that the premises are listed on that Note. Permitted reasons for early termination include destruction of
Register, or residential premises, breach of the agreement by the landlord and
47.2 if, during the tenancy, the premises become listed on the an offer of social housing or a place in an aged care facility, and
LFAI Register, to advise the tenant in writing, within 14 days being in circumstances of domestic violence. Section 107 of the
of the premises being listed on the Register, that the Residential Tenancies Act 2010 regulates the rights of the landlord
premises are listed on the Register. and tenant under this clause.
52. The landlord agrees that the compensation payable by the
COMBUSTIBLE CLADDING tenant for ending the residential tenancy agreement before
48. The landlord agrees that if, during the tenancy, the landlord the end of the fixed term of not more than 3 years is limited
becomes aware of any of the following facts, the landlord will to the amount specified in clause 51 and any occupation fee
advise the tenant in writing within 14 days of becoming payable under the Residential Tenancies Act 2010 for goods
aware of the fact: left on the residential premises.
48.1 that the residential premises are part of a building in Note. Section 107 of the Residential Tenancies Act 2010 also
relation to which a notice of intention to issue a fire safety regulates the rights of landlords and tenants for a residential
order, or a fire safety order, has been issued requiring tenancy agreement with a fixed term of more than 3 years.
rectification of the building regarding external combustible
ADDITIONAL TERMS
cladding,
[Additional terms may be included in this agreement if:
48.2 that the residential premises are part of a building in relation
to which a notice of intention to issue a building product (a) both the landlord and the tenant agree to the terms, and
rectification order, or a building product rectification order, (b) they do not conflict with the Residential Tenancies Act 2010,
has been issued requiring rectification of the building the Residential Tenancies Regulation 2019 or any other Act,
regarding external combustible cladding, and
48.3 that the residential premises are part of a building where a (c) they do not conflict with the standard terms of this
development application or complying development agreement.
certificate application has been lodged for rectification of the ANY ADDITIONAL TERMS ARE NOT REQUIRED BY LAW AND
building regarding external combustible cladding. ARE NEGOTIABLE.]
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54.4 to comply with any council requirements. ADDITIONAL TERM - CARE AND USE OF PREMISES
55. The tenant agrees to have the carpet professionally 59. The tenant agrees, in addition to the requirements of
cleaned or to pay the cost of having the carpet professionally Clauses 16, 17 and 18 of this agreement:
cleaned at the end of the tenancy if cleaning is required 59.1 they must only use the premises as their place of
because an animal has been kept on the residential residence. Should the tenant wish to use the premises for a
premises during the tenancy. purpose other than or in addition to their place of residence
56.1 The tenant agrees: (including but not limited to sub-letting), the tenant must
(a) to have the residential premises fumigated, at the first make a request in writing to the landlord. Any consent
tenant's own expense, if the fumigation is required will be at the absolute discretion of the landlord, and if
because animals have been kept on the residential granted, must be in writing and may be subject to additional
premises during the tenancy. terms.
(b) where there is any damage to the residential 59.2 to not paint, mark, affix posters, use nails, screws or
premises as a result of animals having been kept on adhesives, or in any way deface the premises (whether
the residential premises, to repair such damage at the internally or externally) without first obtaining the prior written
tenant's own expense. consent of the landlord.
(c) to indemnify the landlord in respect of any damage to 59.3 to place all household rubbish suitably bagged and
property or claims made as a result of damage to any wrapped in the bin provided by the local authority and to
person or property caused or arising from animals put the bin out for collection on the designated day for
having been kept on the residential premises during collection and to remove the bin to the premises as soon
the tenancy. as practicable after it has been emptied and return it to its
(d) when requested, to provide written evidence of allotted place. Where bins are lost or stolen it is the
compliance with Clauses 55, 56.1(a) and 56.1(b) to tenant's responsibility to replace the bins at the tenant's
the landlord/landlord's agent. cost.
56.2 The tenant agrees not to keep animals on the residential 59.4 not to use any sink, basin, toilet, drain or like facility in or
premises without obtaining the landlord's consent, as may connected to the premises for other than their intended use
be provided in the space allowed in clause 53 or otherwise or do anything that might damage or block the plumbing
and where such consent is provided, the provisions of drainage or sewerage system on the premises.
clauses 53, 54, 55 and 56.1 will apply to all animals kept on 59.5 not to hang washing or other articles outside anywhere but
the premises. the areas designated for this purpose.
59.6 to maintain all garden areas including watering trees and
ADDITIONAL TERM - CONDITION REPORT
other plants, to mow the lawn and remove garden rubbish
57. Where the landlord has in compliance with the Residential (including pet waste) from the garden and lawn areas.
Tenancies Act 2010 provided the tenant with the signed 59.7 keep the premises free of rodents, cockroaches and other
condition report and the tenant has not returned the vermin and to notify the landlord promptly of any vermin or
condition report within 7 days after taking possession of the pest infestation which, should the presence of such
residential premises the tenant will be deemed to have vermin or infestation have arisen due to act or neglect on
accepted the condition report. the part of the tenant, shall be the tenant's responsibility to
57.1 The condition report will form part of and be included in this remedy.
agreement. 59.8 where a product, fixture or fitting provided with the
57.2 The tenant acknowledges that prior to signing this premises has a warning label or safety instructions
agreement, the tenant was provided with two physical copies attached the tenant is not to deface, damage or remove
(or one electronic copy) of any applicable condition report such label.
required to be provided to the tenant under the Residential 59.9 to properly look after and not alter or remove any landlord's
Tenancies Act 2010. property including fixtures, furniture, electrical and other
ADDITIONAL TERM - INSPECTIONS appliance and equipment let with the premises and only to
operate appliances or equipment in accordance with the
58.1 The tenant will permit the landlord/landlord's agent, on
manufacturer's instructions or landlord's directions.
entering the residential premises in accordance with Clause
24.5 (inspect the premises) of the Standard Terms, to record 59.10 where a water efficiency device is installed on the premises,
not to remove, modify, tamper with, or damage in any way
the condition of the residential premises by taking photos
(whether directly or indirectly) such device.
and/or videos. The photos or videos will be used to compare
with any photos or videos taken in the preparation of the 59.11 not to affix any television antenna to the premises.
condition report provided to the tenant at the start of the 59.12 not to maliciously or negligently damage the premises or any
tenancy. Such comparison is to assist in identifying any part of the premises.
damage or defects that may arise during the tenancy. 59.13 to replace cracked and/or broken glass where such
Photos or videos may not be used for advertising or any breakage has arisen as a result of malicious damage or
other purpose and copies will be provided to the tenant on other action on the part of the tenant or it's guest/s.
request at no charge. Should the landlord/landlord's agent 59.14 at the commencement of the tenancy, the Landlord has
require photos or videos of the residential premises for any provided the premises with all light bulbs, LED lights and
purpose other than as outlined above the landlord/landlord's fluorescent tubes in good working order. The Tenant will
agent must obtain the tenant's written authorisation. promptly replace, at the Tenant's cost, blown or damaged
light bulbs, LED lights or fluorescent tubes (and starters, if
58.2 Reasonable care will be taken to avoid including details of required) and ensure all are in a working condition at the end
the tenant's personal property and effects in such photos or of the tenancy. Where damage has been occasioned by the
videos. Landlord or its Agent, it shall be the Landlord's responsibility
to replace such damaged equipment.
59.15 to take all reasonable steps to prevent the occurrence of
mould or dampness in or about the premises and will advise
the landlord promptly of the occurrence of mould and
dampness at the premises.
59.16 to notify the landlord of any infectious disease at the
premises.
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59.17 where, for the purposes of Clause 43.1 of this agreement, ADDITIONAL TERM - TERMINATION
the tenant becomes aware or suspects that any smoke 62. On termination or expiration of the term the tenant agrees:
alarm (or similar device) present in the residential
(a) to deliver vacant possession in accordance with the
premises is faulty, to promptly notify the landlord/landlord's
termination notice; and
agent.
(b) to deliver up all keys and security devices; and
ADDITIONAL TERM - SWIMMING POOL SAFETY AND (c) to advise as soon as possible of the tenants contact
MAINTENANCE address.
If Clause 45 is deleted this clause is not applicable. 63. The termination of this agreement by notice or otherwise
60. Swimming Pool Safety and Maintenance shall not affect in anyway either party's right to
60.1 At the commencement of the tenancy, the landlord will: compensation for breach of the terms of this agreement nor
either party's obligations to comply with this agreement and
(a) handover the pool in a condition that is safe for use
the Residential Tenancies Act 2010.
(b) provide to the tenant a copy of the pool compliance
64. Should a fixed term agreement for more than 3 years be
certificate together with all relevant documentation
and instructions on the use and maintenance of the terminated by the tenant (other than as permitted under the
swimming pool. Residential Tenancies Act 2010) before the ending date:
(a) the tenant will be required to pay rent until the tenant
60.2 During the term of the tenancy:
has moved out and handed back the keys; and
(a) the tenant must comply with all safety requirements
(b) the tenant may be liable to pay for the balance term of
of the Swimming Pools Act 1992 in particular
the tenancy, any loss of rent incurred by the landlord
ensure:
in re-letting the premises where the
(1) child-restraint barriers are in place and
landlord/landlord's agent has taken reasonable steps
properly maintained,
to reduce or minimise rental losses; and
(2) access gates and doors are securely closed at
(c) the parties are not relieved from their obligations to
all times,
mitigate any loss on termination; and
(3) at all times to maintain and not interfere with,
(d) the landlord may seek Tribunal orders for
move or obscure in any way warning notices
compensation, including out of pocket and other
and resuscitation signs in the immediate
reasonable expenses, as provided by sections
vicinity of the swimming pool,
187(1)(c) and (d) and 187(2) of the Act.
(4) at all times, there are no climbable objects
65.1 Acceptance by the landlord of payment of rent or other
near the child-restraint barriers that would
allow children to access the swimming pool. monies owing by the tenant after service of a notice of
termination by the tenant will not amount to or be seen as a
(b) where a child-restraint barrier, warning sign or
waiver of such notice or any of the landlord's rights under
resuscitation sign is damaged and becomes
this agreement, the Residential Tenancies Act 2010 or any
ineffective the tenant must advise the landlord or the
other applicable law.
agent immediately.
65.2 Where the tenancy is at an end and the tenant does not
(c) the tenant is responsible for general maintenance
vacate the premises, the landlord is entitled to and expressly
including:
reserves the right to make an application to the Civil and
(1) regular cleaning of filter baskets Administrative Tribunal for vacant possession and/or
(2) maintaining required water levels compensation.
(3) removing vegetation and other rubbish from
ADDITIONAL TERM - END OF TERM OR OCCUPANCY
the pool
(4) maintaining the pool water condition 66. The tenant will on vacating the premises:
(5) regular pool services (a) Return all keys, keycards and other security devices
(6) payment of costs for all required pool (if any) and make good the cost of replacement
chemicals should any of these items not be returned or be lost at
any time.
(7) advising the landlord or the agent immediately
of any pool related problem. (b) At the end of the tenancy have all carpets cleaned to
60.3 Immediately prior to the end of the term of the tenancy the a standard no less than the standard as provided by
tenant will provide to the landlord or the agent: the landlord/landlord's agent at the start of the
tenancy.
(a) opportunity to inspect the pool; and/or
(c) Fair wear and tear excepted, repair damage to the
(b) a pool condition report completed by a professional
premises arising or as a result of the tenant's or its
pool service company.
guest's actions including damage (if any) caused by
The tenant is to return the pool in good order and condition
the tenant's pets.
as at the beginning of the tenancy.
(d) Remove all the tenant's property from the premises
60.4 The landlord is responsible for repair of the pool and repair
including rubbish and property on the premises not
or replacement of the pool equipment resulting from general
the property of the landlord.
wear and tear and for reasons beyond the tenant's control
and responsibility however, the tenant will be responsible for (e) Leave the premises (including the grounds) in a neat
any damage or want of repair arising from the tenant's failure and tidy condition.
to comply with its obligations. (f) Fumigate as reasonably required if pets have been on
the premises.
60.5 If the tenant does not maintain the pool and pool equipment
(g) Provide written evidence (eg. receipt, invoice) of
to the satisfaction of the landlord acting reasonably, the
compliance with the requirements of Clauses 66 (c)
tenant will be in default and the landlord may seek to
and (f) to the landlord/landlord's agent on or before
recover, in compliance with the Act, any loss or damage
vacating.
incurred.
(h) Return all remote control devices in good working
ADDITIONAL TERM - RENTAL BOND order and condition including batteries, and where not
61. The parties agree the rental bond cannot be used for returned, make good the cost of replacement.
payment of the rent unless the landlord and tenant both
agree in writing.
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ADDITIONAL TERM - OCCUPANTS (c) You as the tenant agree the landlord's agent may,
67. Taking into account the provisions of Clause 17.3 of this subject to the Privacy Act 1988 (CTH) (where
applicable), collect, use and disclose such information
agreement, all persons using the premises as occupants or
to:
otherwise must comply with the provisions of this agreement
and the Residential Tenancies Act 2010. (1) the landlord of the premises to which this
agreement applies, insofar as such information
ADDITIONAL TERM - TELECOMMUNICATION SERVICES is relevant to the managing and/or leasing of
68. On termination the tenant agrees to leave the premises; and/or
telecommunication services (for example telephone, (2) residential tenancy databases for the purpose
internet, television or cable) and associated hardware, of enabling a proper assessment of the risk in
fittings and fixtures, in the same condition as at the start of providing you with the tenancy and if
the tenancy, and ensure (if required) the services continue, applicable listing tenancy agreement
are transferred or terminated (as the landlord/agent may breaches (subject to the provisions of Part 11
direct). Division 2 of the Residential Tenancies Act
69. Prior to entering into this agreement the tenant must satisfy 2010); and/or
itself as to the availability and suitability of any (3) previous managing agents or landlords and
telecommunication services and associated hardware, nominated referees to confirm information
fixtures and fittings to the premises. provided by you; and/or
70. The landlord gives no warranty as to the provision or (4) tradespeople and similar contractors engaged
adequacy of such telecommunication services or as to the by the landlord/landlord's agent in order to
provision or serviceability of any hardware, fixtures and facilitate the carrying out of works with respect
fittings in the premises relating to such services. to the premises; and/or
ADDITIONAL TERM - STATUTES AND BY-LAWS (5) the landlord's insurance companies;
authorised real estate personnel; courts and
71. The tenant will at all times comply with all applicable
tribunals and other third parties as may be
statutes, orders, regulations, by-laws (including by-laws
required by the landlord's agent relating to the
referred to in Clauses 38 and 39 if applicable) and
administration of the premises and use of the
management statements relating to the premises including
landlord's agent's services; and/or
health and safety, noise or the tenant's occupation of the
premises generally. (6) a utility connection provider where you request
the landlord's agent to facilitate the connection
ADDITIONAL TERM - INSURANCE and/or disconnection of your utility services;
72. The landlord is not responsible for insuring the tenant's own and/or
property. (7) Owners Corporations.
73. The tenant agrees not to, by act or omission, either directly (d) Documents or copies of documents provided to
or indirectly, do anything which would: establish the identity of the tenant or persons entitled
(a) cause any increase in the premium of any insurance to deal on behalf of the tenant, will be retained by the
the landlord may have over the premises (or their landlord's agent in accordance with the Australian
contents); or Privacy Principles and will not be used for any
(b) cause or expose the landlord to any claim on any purpose other than confirming the identity of such
such insurance policy; or person/s.
(c) cause any such insurance policy to be invalidated. (e) Without provision of certain information the landlord's
agent may not be able to act effectively or at all in the
ADDITIONAL TERM - RENT INCREASE DURING THE TERM administration of this agreement.
74.1 In the case of a fixed term agreement of less than 2 years (f) The tenant has the right to access such Personal
the landlord and tenant agree, if a rent increase is stated in Information and may require correction or amendment
the rent/rent increase item on the second page of this of any inaccurate, incomplete, out of date or irrelevant
agreement only then may the rent be increased during the information.
term and such increase shall be as set out in the rent/rent (g) The landlord's agent will provide (where applicable),
increase item on the second page of this agreement. on request, a copy of its Privacy Policy.
74.2 In the case of a fixed term agreement of 2 years or more
the landlord and the tenant agree, rent payable during the ADDITIONAL TERM - DATA COLLECTION
term may only be increased once in any period of 12 76. Upon signing this agreement the parties agree the landlord's
months and where the tenant has been given at least 60 agent, and the form completion service provider providing
days written notice before the increased rent is payable this form, may without disclosing Personal Information
specifying the increased rent and the day from which it is collect, use and disclose to Data Collection Agencies
payable. information contained in this agreement.
ADDITIONAL TERM - PRIVACY ADDITIONAL TERM - RELATED DOCUMENTS / NOTICES /
75. (a) The landlord's agent must comply with the provisions ELECTRONIC COMMUNICATIONS
of the Australian Privacy Principles (Privacy Act 77. (a) The parties agree and confirm any documents and
1988 (CTH)) and where required maintain a Privacy communications in relation to this Agreement may,
Policy. subject to clause 50, be forwarded electronically and
(b) The Privacy Policy outlines how the landlord's agent where this document has been forwarded
collects and uses Personal Information provided by electronically (either for signing or otherwise) the
you as the tenant, or obtained by other means, to party receiving the document confirms having
provide the services required by you or on your consented to the delivery of the document (and any
behalf. other materials) by way of the electronic means of
delivery before receiving the documentation.
(b) A Related Document to be served on any party under
this Tenancy Agreement shall be in writing and may
be served on that party:
(1) by delivering it to the party personally; or
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(2) by leaving it for the party at that party's (6) personal information means personal information as
address as stated in this Tenancy Agreement; defined in the Privacy Act 1988 (CTH).
or (7) related document means any written
(3) by posting it to the party by ordinary mail or communication (including Notices) with regard to this
security mail as a letter addressed to the party matter between the parties, including any Electronic
at the address as stated in this Tenancy Documents.
Agreement; or (8) rental bond means money paid by the tenant as
(4) by email, where the party has given express security to carry out this agreement.
consent in accordance with clause 50; or (9) residential premises means any premises or part of
(5) by delivery to an alternative address, provided premises (including any land occupied with the
in writing by the party, by any of the methods premises) used or intended to be used as a place of
outlined in Clauses 77(b)(1) to (4) above. residence.
(c) A document posted shall be deemed to have been (10) tenancy means the right to occupy residential
served, unless the contrary is shown, at the time premises under this agreement.
when, by the ordinary course of post, the document (11) tenant means the person who has the right to occupy
would be delivered. residential premises under this agreement, and
(d) A document sent by electronic communication will be includes the person to whom such a right passes by
deemed to have been received in accordance with transfer or operation of the law and a sub-tenant of
Section 13A of the Electronic Transactions Act 2000 the tenant.
(NSW).
2. CONTINUATION OF TENANCY (if fixed term agreement)
(e) Documents given by a party's solicitor will be deemed
Once any fixed term of this agreement ends, the
to have been given by and with the authority of the
agreement continues in force on the same terms as a
party.
periodic agreement unless the agreement is terminated by
(f) Documents must be served before 5pm on a
the landlord or the tenant in accordance with the
business day, failing which, such document will be
Residential Tenancies Act 2010 (see notes 3 and 4).
deemed to have been served on the next business
Clauses 5 and 6 of this agreement provide for rent to be
day.
able to be increased if the agreement continues in force,
(g) The parties acknowledge and agree an Electronic with certain restrictions.
Document readily accessible via a link within a
Related Document is received when the Related 3. ENDING A FIXED TERM AGREEMENT
Document is served and will be opened when the If this agreement is a fixed term agreement, it may be ended
Related Document is opened. by the landlord or the tenant by giving written notice of
(h) The parties agree to execution, delivery and service termination. The notice may be given at any time up until the
of documents electronically by a method provided by end of the fixed term but cannot take effect until the term
DocuSign or such other agreed electronic signature ends. The landlord must give at least 30 days notice and the
service provider. tenant must give at least 14 days notice.
4. ENDING A PERIODIC AGREEMENT
NOTES If this agreement is a periodic agreement, it may be ended
1. DEFINITIONS by the landlord or the tenant by giving written notice of
termination. The notice may be given at any time. The
In this agreement:
landlord must give at least 90 days notice and the tenant
(1) data collection agency means an agency or must give at least 21 days notice.
organisation that collects real estate data to provide
information to the real estate, finance and property 5. OTHER GROUNDS FOR ENDING AGREEMENT
valuation industries to enable data analysis. The Residential Tenancies Act 2010 also authorises the
(2) electronic document means any electronic landlord and the tenant to end this agreement on other
communication (including Notices) as defined in the grounds. The grounds for the landlord ending the agreement
Electronic Transactions Act 2000 (NSW) including include sale of the residential premises requiring vacant
any electronically generated document situated on an possession, breach of this agreement by the tenant, due to
external server readily accessible via a link within an hardship or if the agreement is frustrated because the
electronic communication or other electronically premises are destroyed, become wholly or partly
generated document. uninhabitable or cease to be lawfully usable as a residence
(3) landlord means the person who grants the right to or are appropriated or acquired by any authority by
occupy residential premises under this agreement, compulsory process.
and includes a successor in title to the residential The grounds for the tenant include breach by the landlord of
premises whose interest is subject to that of the information disclosure provisions under section 26 of the Act
tenant and a tenant who has granted the right to (not revealed when this agreement was entered into), breach
occupy residential premises to a sub-tenant. of this agreement by the landlord, due to hardship or if the
(4) landlord's agent means a person who acts as the agreement is frustrated because the premises are destroyed,
agent of the landlord and who (whether or not the become wholly or partly uninhabitable or cease to be lawfully
person carries on any other business) carries on usable as a residence or are appropriated or acquired by any
business as an agent for: authority by compulsory process.
(a) the letting of residential premises, or For more information refer to that Act or contact NSW Fair
(b) the collection of rents payable for any tenancy Trading on 13 32 20.
of residential premises. 6. WARNING
(5) LFAI Register means the register of residential It is an offence for any person to obtain possession of the
premises that contain or have contained loose-fill residential premises without an order of the Civil and
asbestos insulation that is required to be maintained Administrative Tribunal or a judgment or order of a court if
under Division 1A of Part 8 of the Home Building Act the tenant does not willingly move out. A court can order
1989. fines and compensation to be paid for such an offence.
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SIGNATURES
THE LANDLORD AND THE TENANT ENTER INTO THIS AGREEMENT AND AGREE TO ALL ITS TERMS.
Note. Section 9 of the Electronic Transactions Act 2000 allows for agreements to be signed electronically in NSW if the parties consent. If
an electronic signature is used then it must comply with Division 2 of Part 2 of the Electronic Transactions Act 2000.
23-06-2024
SIGNED BY THE TENANT: Date: / /
(Signature of tenant)
23-06-2024
SIGNED BY THE TENANT/S: Date: / /
(Signatures of tenants)
For information about you rights and obligations as a landlord or tenant, contact:
(a) NSW Fair Trading on 13 32 20 or www.fairtrading.nsw.gov.au, or
(b) Law Access NSW on 1300 888 529 or www.lawaccess.nsw.gov.au, or
(c) your local Tenants Advice and Advocacy Service at www.tenants.org.au
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Addendum A
A1. Other Additional Terms Plants or their containers are not to be placed directly onto
timber floors or decking.
Air Conditioning Filters and Exhaust Fans
=======================================
The Tenant/s agree to clean the air conditioner filters,
Plugs
ceiling fans and exhaust fans every 6 months and upon
vacating the Premises.
The Tenant acknowledges that all plugs for the kitchen,
=======================================
bathroom/s, laundry and the Premises in general, remain
with the Premises at the end of the tenancy. Failing which,
Change of Details
the Tenant will be responsible for replacement.
=======================================
The Tenant will keep the Agent updated with any change
of personal details previously provided to the Agent
Repairs and Maintenance - Notify Agent of
including mobile numbers and email addresses.
Incomplete/Unsatisfactory Works
=======================================
Where required repairs or maintenance have been carried
Connection of Services
out, the Tenant will notify the Agent if in the Tenant's opinion
the works are unsatisfactory or incomplete.
The Tenants acknowledge and agree it is the Tenants'
=======================================
responsibility to arrange for connection of electricity (other
than as required in accordance with Clause 10.2) and
Smoking - In the House
telecommunication services upon commencement of
occupancy.
No smoking by any Tenant or guest is permitted in the
=======================================
indoor areas of the Premises nor shall the Tenant leave
around the Premises, debris arising from smoking.
Inflatable Swimming Pools and Spa Pools
=======================================
The Tenant/s agree not to construct on and/or use at the
Smoking - Outside the house
Premises an inflatable swimming pool or a spa pool (other
than as is supplied by the Landlord) that is capable of
No smoking by any Tenant or guest is permitted in the
being filled with water to a depth of more than 300mm.
indoor areas of the unit or house or in any location in which
Such pools are considered swimming pools under the
the smoke can blow into the home or other common areas
Swimming Pools Act 1992 and require compliant pool
nor shall the Tenant leave around the Premises, debris
fencing and/or pool barriers.
arising from smoking.
=======================================
=======================================
Gutters
Tenancy Database
Where the period of tenancy is longer than 12 months, the
Where the tenancy has ended and the Tenant has breached
Tenant will as necessary, but not less than once in every
this Agreement and as a result owes the Landlord an
12 month period, cause to be cleared of leaves and other
amount that is more than the rental bond or the Tribunal has
debris, all gutters forming part of the Premises.
made a termination order, the Landlord may list personal
=======================================
information about the Tenant in a residential tenancy
database.
Objects Causing Damage
=======================================
The Tenant will not cause to be constructed or placed
Emergency
upon any part of the Premises, without first obtaining the
written consent of the Landlord, any shed, container,
If you have an emergency and require a tradesman please
above ground pool or any other object likely to cause
refer to page 2 for any contact details but please use your
damage to the Premises or grounds forming part of the
judgement and ONLY use if you have a problem that is
Premises.
dangerous, a threat to your health or may cause substantial
=======================================
property damage.
Pay TV
If you find yourself in danger, please call 000, for a flood or
storm emergency, please call SES 132 500.
1. The parties acknowledge there is currently no pay TV
========================================
service installed or connected to the Premises. The Tenant
will not, without first having obtained the Landlord's
Lock Outs
approval in writing, have installed or connected to the
Premises any pay TV service. The Landlord's permission
If you happen to lock yourself out or misplace your keys,
shall be in accordance with Clause 31.
please note that a fee of
2. At the end of the tenancy the Tenant will not remove
$100 will be charged for a team member to meet you at the
the connection without the Landlord's approval.
office or alternately please contact a locksmith
=======================================
(Border Locksmith - 07 55 361611) ***which will be at
tenant/s expense.
Plants (On Timber Flooring)
=======================================
Addendum A (continued)
Agents Rent Arrears Policy
=======================================
Mould
======================================
Garden Maintenance is the responsiblility of the Hacienda
Park
March 2020
Tenant
information statement
What you must know before you start renting
Penalties apply to landlords or agents if any of the above 7 minimum standards. Before you rent the
above is not done. property, you should tell the landlord or agent to
take steps (such as make repairs) to make sure the
What you must be given before you sign an
property is fit to live in.
agreement
Before you sign an agreement or move into the Residential tenancy agreement
property, the landlord or agent must give you: The tenancy agreement is a legal agreement. It
• a copy of this Tenant information statement must include certain standard terms that cannot
be changed or deleted. It may also include
• a copy of the proposed tenancy agreement,
additional terms. Verbal agreements are still
filled out in the spaces provided
binding on you and the landlord.
• 2 hard copies, or 1 electronic copy, of the
condition report for the property completed by Condition report
the landlord or agent You should have already received a copy of the
• a copy of the by-laws, if the property is in a condition report, completed by the landlord or
strata scheme. agent, before you signed the agreement. This is an
important piece of evidence and you should take
What you must be given at the time you sign
the time to check the condition of the property at
an agreement
the start of the tenancy. If you do not complete
At the time you sign the agreement, the landlord the report accurately, money could be taken out of
or agent must give you: your bond (after you move out) to pay for damage
that was already there when you moved in.
• for any swimming or spa pools on the property,
a valid certificate of compliance or occupation You must complete and give a copy of the
certificate (issued within the last 3 years). This condition report to your landlord or agent within 7
does not apply if you are renting a property in days after moving into the property. You must also
a strata or community scheme that has more keep a copy of the completed report.
than 2 lots.
Rent, receipts and records
Before or at the start of the tenancy
Rent is a regular payment you make to the landlord
The landlord or agent must give you: to be able to live in the property. You cannot be
asked to pay more than 2 weeks’ rent in advance.
• a copy of the key (or other opening device
Your landlord or agent cannot demand more rent
or information) to open any lock or security
until it is due.
device for the rented property or common
property, at no cost to you or any tenant Your landlord or agent can serve you with 14 days’
named in the agreement. termination notice if you are more than 14 days
behind with the rent.
The property must be fit to live in
Your landlord or agent must:
The property must be reasonably clean, fit to live
in and in a reasonable state of repair. • give you rent receipts (unless rent is paid into a
nominated bank account)
To be fit to live in, the property must (at a
• keep a record of rent you pay
minimum):
• provide you with a copy of the rent record
1. be structurally sound
within 7 days of your written request for it.
2. have adequate natural or artificial lighting in
each room, except storage rooms or garages Rental bonds
3. have adequate ventilation The bond is money you may have to pay at the
4. be supplied with electricity or gas, and have start of the tenancy as security. It must be in
enough electricity or gas sockets for lighting, the form of money and not as a guarantee. Your
heating and other appliances landlord or agent can only ask for 1 bond for a
tenancy agreement. The bond payable cannot be
5. have adequate plumbing and drainage
more than 4 weeks rent. If the landlord agrees, you
6. have a water connection that can supply hot can pay the bond in instalments.
and cold water for drinking, washing and
cleaning Your landlord or agent cannot make you pay a
bond before the tenancy agreement is signed. If
7. have bathroom facilities, including toilet and
you pay the bond directly to Fair Trading using
washing facilities, that allow users’ privacy.
Rental Bonds Online (RBO) the landlord or agent
The property could have other issues that may will receive confirmation of this before they finalise
make it unfit for you to live in, even if it meets the the tenancy agreement.
Your landlord or agent must give you the option For a fixed-term of 2 years or more, or for a
to use RBO to pay your bond. You can use RBO to periodic agreement (i.e. where the fixed-term has
securely pay your bond direct to NSW Fair Trading expired or no fixed-term is specified), the rent can
using a credit card or BPAY, without the need to only be increased once in a 12-month period. You
fill out and sign a bond lodgement form. Once must get at least 60 days written notice.
registered, you can continue to use your RBO
account for future tenancies. Paying for electricity, gas and water usage
You may have to pay the cost for certain utilities as
If you decide not to use RBO, you can ask your
set out in the agreement. For example, you will pay
agent or landlord for a paper bond lodgement
for all:
form for you to sign, so that it can be lodged with
Fair Trading. The landlord must deposit any bond • electricity, non-bottled gas or oil supply charges
you pay them with Fair Trading within 10 working if the property is separately metered. Some
days. If the bond is paid to the agent, the agent exceptions apply for electricity or gas
must deposit the bond with Fair Trading within 10 • charges for the supply of bottled gas during the
working days after the end of the month in which tenancy.
the bond was paid.
There are limits on when you need to pay for water
Discrimination when applying for rental usage charges. You can only be asked to pay for
property water usage if the property is separately metered
(or water is delivered by vehicle) and meets the
It is against the law for a landlord or agent to
following water efficiency measures:
discriminate on the grounds of your race, age,
disability, gender, sexual orientation, marital status • all showerheads have a maximum flow rate of 9
or pregnancy. litres per minute
• all internal cold-water taps and single mixer taps
If you feel that a landlord or agent has declined
for kitchen sinks or bathroom hand basins have
your tenancy application or has treated you less
a maximum flow rate of 9 litres per minute
favourably because of the above, you can contact
the NSW Anti-Discrimination Board on • any leaking taps or toilets on the property
1800 670 812 or the Australian Human Rights are fixed at the start of the agreement and
Commission on 1300 656 419. whenever other water efficiency measures are
installed, repaired or upgraded
It is not against the law if a landlord or agent
• from 23 March 2025, toilets are dual flush and
chooses not to have a tenant who smokes, or has a
have a minimum 3-star WELS rating.
poor tenancy history or issues with rent payments.
Repairs and maintenance
Communicating with your landlord or agent The property must always be fit for you to live
Your landlord must provide you with their name in. The landlord is responsible for any repairs or
and a way for you to contact them directly, even if maintenance, so the property is in a reasonable
your landlord has an agent. state of repair. They must also ensure the property
This information must be given to you in writing meets health and safety laws.
before or when you sign the tenancy agreement, You are responsible for looking after the property
or it can be included in the agreement you sign. and keeping it clean and undamaged. If the
Your landlord must also let you know, in writing, property includes a yard, lawns and gardens, you
within 14 days of any changes to their details. must also keep these areas neat and tidy.
Some formal communication between you and the You need to tell your landlord or the agent of any
landlord or agent must be in writing to be valid, for necessary repairs or damage as soon as possible.
example, termination notices. You can use email to They are responsible for arranging and paying for
serve notices or other documents but only if the the repair costs unless you caused or allowed the
landlord or agent has given you permission to use damage. You are not responsible for any damage
their nominated email address for this purpose. caused by a perpetrator of domestic violence
during a domestic violence offence.
During the tenancy If the repair is an urgent repair e.g. where there is
Can rent be increased during the tenancy? a burst water service, a blocked or broken toilet, a
gas leak or dangerous electrical fault, your landlord
For a fixed-term of less than 2 years, rent can
or agent should organise these repairs as soon as
only be increased during the fixed-term if the
reasonably possible, after being notified. If they do
agreement sets out the increased amount or how
not respond to an urgent repair, you may be able
the increase will be calculated. No written notice of
to organise the work yourself and be reimbursed
the increase is required.
a maximum amount of $1,000 within 14 days from How to make ‘minor’ changes to the property
requesting payment in writing. A list of urgent You can only make minor changes to the property
repairs is available on the Fair Trading website. with your landlord’s written consent, or if the
You can apply to Fair Trading for a rectification agreement allows it. Your landlord can only refuse
order if your landlord refuses or does not provide your request if it is reasonable to do so e.g. if the
and maintain the property in a reasonable state work involves structural changes or is inconsistent
of repair. Similarly, your landlord can apply to Fair with the nature of the property.
Trading for a rectification order if you refuse or do There are certain types of ‘minor’ changes where it
not repair damage you have caused or allowed. You would be unreasonable for your landlord to refuse
can also apply to the NSW Civil and Administrative consent. For example:
Tribunal (the Tribunal) if your landlord does not • secure furniture to a non-tiled wall for safety
carry out repairs. reasons
Smoke alarms must be working • fit a childproof latch to an outdoor gate in a single
Landlords must ensure that smoke alarms are dwelling
installed on all levels of the property. Your landlord • insert fly screens on windows
must maintain the smoke alarms in your property • install or replace internal window covering
to ensure they are working. (e.g. curtains)
You should notify your landlord or agent if a • install cleats or cord guides to secure blind or
smoke alarm is not working. They are responsible curtain cords
for repairing (including replacing a battery) or • install child safety gates inside the property
replacing a smoke alarm within 2 business days • install window safety devices for child safety
after they become aware that it is not working. (non-strata only)
You can choose to replace a removable battery if it • install hand-held shower heads or lever-style taps
needs replacing, but you must notify the landlord if to assist elderly or disabled occupants
and when you do this. You are not responsible for • install or replace hooks, nails or screws for
maintaining, repairing or replacing a smoke alarm. hanging pictures etc.
However, there are some circumstances where you can
• install a phone line or internet connection
arrange for a smoke alarm to be repaired or replaced.
• plant vegetables, flowers, herbs or shrubs in the
Privacy and access garden
You have the right to reasonable peace, comfort • install wireless removable outdoor security camera
and privacy when renting. Tenancy laws restrict • apply shatter-resistant film to window or glass
when and how often your landlord, agent or other doors
authorised person can enter the property during
• make changes that don’t penetrate a surface, or
the tenancy. Your landlord, agent or authorised
permanently modify a surface, fixture or structure
person can enter the property without your
of the property.
consent in certain circumstances if proper notice (if
applicable) is provided. Some exceptions apply. The landlord can also
require that certain minor changes be carried out by
For example: a qualified person.
• in an emergency, no notice is necessary
You will be responsible for paying for the changes
• if the Tribunal orders that access is allowed and for any damage you cause to the property.
• to carry out, or assess the need for, necessary Certain rules apply for removing any modifications
repairs or maintenance of the property, if you at the end of the tenancy.
have been given at least 2 days’ notice
Your rights in circumstances of domestic
• to carry out urgent repairs, no notice is necessary
violence
• to carry out repairs or replacement of a smoke
Every person has the right to feel safe and live free
alarm, if you have been given at least 1 hours’
from domestic violence. If you or your dependent
notice
child are experiencing domestic violence in a rental
• to inspect or assess the need for repair or property, there are options available to you to
replacement of a smoke alarm, if you have been improve your safety.
given at least 2 business days’ notice
If you or your dependent child need to escape
• to carry out a general inspection of the property violence, you can end your tenancy immediately,
if you have been given at least 7 days’ written
notice (no more than 4 inspections during a
12-month period).
without penalty. To do this you must give your Getting the rental bond returned
landlord a termination notice with the relevant You should receive the bond in full at the end of the
evidence and give a termination notice to any co- tenancy unless there is a reason for the landlord to
tenants. make a claim against the bond. For example if:
Or, if you wish to stay in your home, you can apply • rent or other charges (e.g. unpaid water usage
to the Tribunal for an order to end the tenancy of bills, break fee) are owing
the perpetrator (if they are another co-tenant).
• copies of the keys were not given back and the
A tenant or any innocent co-tenant is not liable locks needed to be changed
for property damage caused by the perpetrator of
violence during a domestic violence offence. • you caused damage or did not leave the
property in a reasonably clean condition
Ending the tenancy compared to the original condition report, apart
from ‘fair wear and tear’.
Termination notice must be given
You are not liable for fair wear and tear to the
A tenancy agreement is a legally binding agreement property that occurs over time with the use of
that can only be ended in certain ways. A tenancy the property, even when the property receives
will usually be ended by you or your landlord giving reasonable care and maintenance.
notice to the other party and you vacating on or by
the date specified in the notice.
Checklist
To end a tenancy, you need to give the landlord
You should only sign the agreement when you can
or agent a written termination notice with the
answer Yes to the following.
applicable notice period. In some cases, you can
apply directly to the Tribunal for a termination The tenancy agreement
order without issuing a termination notice (for I have read the agreement and asked questions if
example if you are experiencing hardship). there were things I did not understand.
If you do not leave by the date specified in the I understand the fixed-term of the agreement is
termination notice, the landlord or agent can apply negotiated before I sign, which means it can be
to the Tribunal for termination and possession for 6 months, 12 months, or some other period.
orders. If you do not comply with the Tribunal
order, only a Sheriff’s Officer can legally remove I understand that I must be offered at least one
you from the property under a warrant for way to pay the rent that does not involve paying
possession. a fee to a third party.
You cannot be locked out of your home under I understand that any additional terms to the
any circumstances unless a Sheriff’s Officer is agreement can be negotiated before I sign.
enforcing a warrant for possession issued by the I have checked that all additional terms to
Tribunal or a court. the agreement are allowed. For example, the
agreement does not include a term requiring me
Break fee for ending a fixed term agreement
to have the carpet professionally cleaned when I
early
leave, unless it is required because the landlord
If you end a fixed term agreement early that is for has allowed me to keep a pet on the property.
3 years or less, mandatory break fees may apply
based on the stage of the agreement. If it applies,
Promised repairs
the set fee payable will be:
For any promises the landlord or agent makes
• 4 weeks rent if less than 25% of the lease
to fix anything (e.g. replace the oven, etc.) or
had expired
do other work (e.g. paint a room, clean up the
• 3 weeks rent if 25% or more but less than backyard, etc.):
50% of the lease had expired
I have made sure these have already been done
• 2 weeks rent if 50% or more but less than
or
75% of the lease had expired
I have an undertaking in writing (before signing
• 1 week’s rent if 75% or more of the lease
the agreement) that they will be done.
had expired.
The break fee does not apply if you end the
agreement early for a reason allowed under the Act.