Form 1Aa – Fill Out and Use This PDF

TERM OF AGREEMENT

(* delete as appropriate)

*	This residential tenancy agreement is periodic -	starting on	_____/_______/_______.
*	This residential tenancy agreement is fixed -	starting on	_____/_______/_______ and
		ending on	_____/_______/_______.

Note: The start date for the agreement should not be a date prior to the date on which the tenant is entitled to enter into occupation of the premises.

RESIDENTIAL PREMISES

The residential premises are [insert address]_______________________________________________________________ and

include/exclude*(* delete as appropriate):

____________________________________________________________________________________________________

[include any additional matters, such as a parking space or furniture provided, or any exclusions, such as sheds]

MAXIMUM NUMBER OF OCCUPANTS

No more than [insert number] _____________ persons may ordinarily live at the premises at any one time.

RENT

(* delete as appropriate)

The rent is [insert amount] $_____________ per week/calculated by reference to tenants income

[insert calculation] ______________________

Payable weekly/fortnightly* in advance starting on _____/_______/_______.

The method by which the rent must be paid is: (* delete as appropriate)

(a)by cash or cheque*; or

(b)into the following account or any other account nominated by the lessor*:

BSB: ______ Account number: _______________ Account name: ______________________ Payment reference:________

or

(c)as follows*: ____________________________________________________________________________________

SECURITY BOND

A security bond of [insert amount] $____________and a pet bond of [insert amount] $____________must be paid by the tenant on

signing this agreement.

Note: Unless the rent for the premises exceeds $1,200 per week, the security bond must not exceed the sum of 4 weeks’ rent plus a pet bond not exceeding $260 (if a pet is permitted to be kept at the premises). The pet bond is to be used to meet costs of fumigation of the premises.

RENT INCREASE

In the case of a periodic tenancy (see “TERM OF AGREEMENT”) any rent increase will be no sooner than 6 months after the commencement of this tenancy agreement and the date of the last increase. The lessor must give at least 60 days notice of the increase.

Note: If rent is calculated by reference to income, the requirement to provide a notice of rent increase only applies if the method of calculating the rent is changed.

In the case of a fixed-term tenancy (see “TERM OF AGREEMENT”) the rent increase will be [insert maximum increase or method of

________________________and take effect no sooner than 6 months after the

commencement of this tenancy agreement and the date of the last increase. The lessor must give at least 60 days notice of the increase.

Note: For fixed-term lease agreements exceeding 12 months, refer to Part C for details of subsequent rent increases.

WATER SERVICES

Is scheme water connected to the premises? Yes ฀

No ฀

Note: If the property is not connected to scheme water, the tenant may have to purchase water at his or her own expense.

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WATER USAGE COSTS (SCHEME WATER)

The tenant is required to pay [insert number] _______________% of water consumption costs.

PERMISSION TO CONTACT THE WATER SERVICES PROVIDER

Does the tenant have the lessor’s permission to contact the water services provider for the premises to access accounts for water consumption at the premises and to communicate with the water services provider in relation to concessions available to the tenant or supply faults at the premises? Yes ฀ No ฀

ELECTRICITY, GAS AND OTHER UTILITIES

Indicate for the utilities below whether or not the premises are separately metered:

Electricity Yes ฀	No ฀	Gas Yes ฀	No ฀	Water Yes ฀	No	฀
Other [please specify]: ___________________________________________________________ Yes ฀						No ฀

Where the premises are separately metered to measure consumption of a specific utility, the tenant must pay for the connection and consumption costs as per the relevant account for the premises.

Where the premises are not separately metered to measure the consumption of a specific utility, the tenant must pay the consumption costs for that utility which will be calculated as follows:

•Electricity: [insert method of calculation] ___________________________________________________________________________

•Gas: [insert method of calculation] ________________________________________________________________________________

•Water: [insert method of calculation] ______________________________________________________________________________

•Other [please specify]: ________________________________ [insert method of calculation] _________________________________

STRATA BY-LAWS

Strata by-laws ARE/ARE NOT* (*delete as appropriate) applicable to the residential premises. A copy of the by-laws are attached: Yes ฀ No ฀

PETS

The pets listed may be kept at the premises: __________________________________________________________________

RIGHT OF TENANT TO ASSIGN OR SUB-LET

(* delete as appropriate)

*The tenant may assign the tenant’s interest under this agreement or sub-let the premises.

*The tenant may not assign the tenant’s interest under this agreement or sub-let the premises.

*The tenant may assign the tenant’s interest under this agreement or sub-let the premises only with the written consent of the lessor.

RIGHT OF TENANT TO AFFIX AND REMOVE FIXTURES

(* delete as appropriate)

*The tenant must not affix any fixture or make any renovation, alteration or addition to the premises.

*The tenant may only affix any fixture or make any renovation, alteration or addition to the premises with the lessor’s written permission.

PROPERTY CONDITION REPORTS

A property condition report detailing the condition of the premises must be completed by or on behalf of the lessor and 2 copies provided to the tenant within 7 days of the tenant moving into the premises.

If the tenant disagrees with any information contained in the property condition report, the tenant must note his or her disagreement on a copy of the property condition report and return this to the lessor or property manager within 7 days of receipt of the property condition report from the lessor. If the tenant does not give a copy of the property condition report back to the lessor, the tenant is taken to accept the property condition report as a true and accurate description of the condition of the premises.

A final property condition report must be completed by or on behalf of the lessor and provided to the tenant as soon as practicable but in any event within 14 days of the termination of the tenancy. The tenant must be given a reasonable opportunity to be present at the final inspection.

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14.If the premises are not separately metered, the notice of the charge must specify:

14.1the calculation as per the agreed method; and

14.2the amount of GST payable in respect of the provision of the public utility service to the residential premises.

POSSESSION OF THE PREMISES

15.The lessor must:

15.1give the tenant vacant possession of the premises on the day on which the tenant is entitled to enter into occupation of the premises under the agreement; and

15.2take all reasonable steps to ensure that, at the time of signing this agreement, there is no legal reason why the tenant cannot occupy the premises as a residence for the term of this agreement.

TENANT’S RIGHT TO QUIET ENJOYMENT

16.The tenant is entitled to quiet enjoyment of the premises without interruption by the lessor or any person claiming by, through or under the lessor or having superior title to that of the lessor.

17.The lessor or the property manager will not interfere with, or cause or permit any interference with, the reasonable peace, comfort or privacy of the tenant in the use of the premises. The lessor or the property manager must also take all reasonable steps to ensure that the lessor’s other neighbouring tenants do not interfere with the reasonable peace, comfort or privacy of the tenant in the use of the premises.

USE OF THE PREMISES BY TENANT

18.The tenant must:

18.1use the premises as a place of residence; and

18.2not use or allow the premises to be used for any illegal purpose; and

18.3not cause or permit a nuisance; and

18.4not intentionally or negligently cause or permit damage to the residential premises; and

18.5advise the lessor or property manager as soon as practicable if any damage occurs; and

18.6keep the premises in a reasonable state of cleanliness; and

18.7not cause or allow to be caused injury to the lessor, property manager or any person lawfully on adjacent premises; and

18.8not allow anyone who is lawfully at the premises to breach the terms of this agreement.

19.The tenant is responsible for the conduct or omission of any person lawfully on the premises that results in a breach of the agreement.

LESSOR’S GENERAL OBLIGATIONS FOR RESIDENTIAL PREMISES

20.In this clause, premises includes fixtures and chattels provided with the premises but does not include:

20.1any fixture or chattel disclosed by the lessor to the tenant as not functioning before the agreement was entered into; or

20.2any other fixture or chattel that the tenant could not reasonably have expected to be functioning at the time the agreement was entered into.

21.The lessor must:

21.1provide vacant possession of the premises and in a reasonable state of cleanliness and repair; and

21.2maintain and repair the premises in a timely manner; and

21.3comply with all laws affecting the premises including building, health and safety laws.

URGENT REPAIRS

22.Urgent repairs are defined by the Residential Tenancies Act 1987 and fall into 2 categories: repairs that are necessary for the supply or restoration of an essential service and other urgent repairs.

Essential services are listed in the Residential Tenancies Regulations 1989 as electricity, gas, a functioning refrigerator (if one is provided with the premises), waste water management treatment and water (including the supply of hot water). Arrangements for repairs that are necessary to supply or restore an essential service must be made with a suitable repairer within 24 hours. Other urgent repairs are those that are not an essential service, but may nevertheless cause damage to the premises, injure a person or cause undue hardship or inconvenience to the tenant. Arrangements for these repairs must be made within 48 hours.

23.In every tenancy, if the need for urgent repair arises other than as a result of a breach of the agreement by the tenant:

23.1the tenant is to notify the lessor or the property manager of the need for urgent repairs as soon as practicable; and

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23.2the lessor is to ensure that the repairs are carried out by a suitable repairer as soon as practicable after that notification; and

23.3if, within 24 hours (in the case of repairs for the supply or restoration of essential services) or 48 hours (in the case of other urgent repairs), the lessor or property manager cannot be contacted, or, having notified the lessor or property manager of the need for the repairs, the lessor fails to ensure that the repairs will be carried out by a suitable repairer as soon as practicable after that notification, the tenant may arrange for the repairs to be carried out by a suitable repairer to the minimum extent necessary to effect those repairs; and

23.4if a tenant arranges for repairs to be carried out under clause 23.3, the lessor must, as soon as practicable after the repairs are carried out, reimburse the tenant for any reasonable expense incurred by the tenant in arranging for those repairs to be carried out and paying for those repairs.

LESSOR’S ACCESS TO THE PREMISES

24.The lessor, property manager or person acting on behalf of the lessor, can only enter the premises in the following circumstances:

24.1in any case of emergency;

24.2to conduct up to 4 routine inspections in a 12 month period after giving the tenant at least 7 days, but not more than 14 days’, written notice;

24.3where the agreement allows the rent to be collected at the premises where rent is payable not more frequently than once every week;

24.4to inspect and secure the premises if there are reasonable grounds to believe that the premises have been abandoned and the tenant has not responded to a notice from the lessor;

24.5carrying out or inspecting necessary repairs to or maintenance of the premises, at any reasonable time, after giving the tenant not less than 72 hours’ notice in writing before the proposed entry;

24.6showing the premises to prospective tenants, at any reasonable time and on a reasonable number of occasions during the period of 21 days preceding the termination of the agreement, after giving the tenant reasonable notice in writing;

24.7showing the premises to prospective purchasers, at any reasonable time and on a reasonable number of occasions, after giving the tenant reasonable notice in writing;

24.8if the tenant agrees at, or immediately before, the time of entry;

24.9in accordance with the Residential Tenancies Act 1987 section 46(6A) and (6B).

25.There are directions within the Residential Tenancies Act 1987 which guide tenants, lessors and property managers on appropriate behaviour in relation to gaining or granting access to the premises. The following summary may assist.

REASONABLE TIME

26.Reasonable time means:

26.1between 8.00 am and 6.00 pm on a weekday; or

26.2between 9.00 am and 5.00 pm on a Saturday; or

26.3at any other time agreed between the lessor and each tenant.

REQUIREMENT TO NEGOTIATE A DAY AND TIME FOR A PROPOSED ENTRY BY THE LESSOR

27.If it would unduly inconvenience the tenant for the lessor or property manager to enter the premises as specified in a notice of an intention to enter premises on a particular day, the lessor or property manager must make a reasonable attempt to negotiate a day and time that does not unduly inconvenience the tenant.

REQUIREMENT TO GIVE TENANT NOTICE OF PROPOSED ENTRY

28.Where the lessor or property manager gives a tenant notice of an intention to enter premises on a particular day, the notice must specify the day and whether it will be before or after 12.00 pm.

TENANT ENTITLED TO BE PRESENT

29.The tenant is entitled to be on the premises during the entry by the lessor, the property manager or any other person acting on behalf of the lessor.

ENTRY MUST BE REASONABLE AND NO LONGER THAN NECESSARY

30.The lessor or property manager exercising a right of entry:

30.1must do so in a reasonable manner; and

30.2must not, without the tenant’s consent, stay or permit others to stay on the premises longer than is necessary to achieve the purpose of the entry.

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LESSOR’S OBLIGATION TO COMPENSATE TENANT IF DAMAGE TO TENANT’S GOODS

31.If the lessor or property manager (or any person accompanying the lessor or property manager) causes damage to the tenant’s goods when exercising a right of entry, the lessor is obliged to compensate the tenant.

ALTERATIONS AND ADDITIONS TO THE PREMISES

32.If the tenancy agreement allows the tenant to affix a fixture or make a renovation, alteration or addition to the premises, then:

32.1the tenant must obtain permission from the lessor prior to affixing any fixture or making any renovation, alteration or addition to the premises; and

32.2the tenant must obtain permission from the lessor to remove any fixture attached by the tenant and make good any damage; and

32.3notify the lessor of any damage caused by removing any fixture and, at the option of the lessor, repair the damage or compensate the lessor for any reasonable expenses incurred by the lessor in repairing the damage; and

32.4the lessor must not unreasonably refuse permission for the installation of a fixture or an alteration, addition or renovation by the tenant.

33.If the lessor wants to make an alteration or addition or affix a fixture to the premises, then:

33.1the lessor must obtain the tenant’s permission prior to affixing any fixture or making any renovation, alteration or addition to the premises; and

33.2the tenant must not unreasonably refuse permission for the lessor to affix any fixture or make any renovation,

alteration or addition to the premises.

33A. For the purposes of the Residential Tenancies Act 1987 section 47(4), the tenant may make the following prescribed alterations:

33A.1 the renovation, alteration or addition of any of the following —

•security alarms and cameras;

•locks, screens and shutters on windows;

•security screens on doors;

•exterior lights;

•locks on gates;

33A.2 the pruning of shrubs and trees to improve visibility around the residential premises.

33B. Under the Residential Tenancies Act 1987 section 47(5):

33B.1 the cost of making the prescribed alterations must be borne by the tenant; and

33B.2 the tenant must give written notice to the lessor of the tenant’s intention to make the prescribed alterations; and 33B.3 work on the prescribed alterations must be undertaken by a qualified tradesperson, a copy of whose invoice the tenant

must provide to the lessor within 14 days of the alterations being completed; and

33B.4 the prescribed alterations must be effected having regard to the age and character of the property and any applicable strata company by-laws; and

33B.5 the tenant must restore the premises to their original condition at the end of the residential tenancy agreement if the lessor requires the tenant to do so and, where restoration work has been undertaken by a tradesperson, must provide to the lessor a copy of that tradesperson’s invoice within 14 days of that work having been performed.

LOCKS AND SECURITY DEVICES

34.The prescribed means of securing the premises are specified in the Residential Tenancies Regulations 1989. In every tenancy:

34.1the lessor must provide and maintain such means to ensure the premises are reasonably secure as prescribed in the regulations; and

34.2any lock or security device at the premises must not be altered, removed or added by a lessor or tenant without the consent of the other or except in accordance with clause 34.4; and

34.3the lessor or the tenant must not unreasonably withhold the consent referred to in clause 34.2; and

34.4a tenant may alter or add any lock or other means of securing the residential premises in accordance the Residential Tenancies Act 1987 section 45(2)(a), and the tenant and lessor must comply with section 45(2)(b) and (c) in relation to copies of keys to altered or added locks or other means of securing the residential premises.

TRANSFER OF TENANCY OR SUB-LETTING BY TENANT

35.If the tenancy agreement allows the tenant to assign his or her interest or sub-let the premises with the lessor’s consent:

35.1the tenant cannot assign his or her interest or sub-let the premises without the written consent of the lessor; and

35.2the lessor must not unreasonably withhold such consent; and

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35.3the lessor must not make any charge for giving such consent other than the lessor’s reasonable incidental expenses.

CONTRACTING OUT

36. It is an offence to contract out of any provision of the Residential Tenancies Act 1987.

ENDING THE RESIDENTIAL TENANCY AGREEMENT

37.This residential tenancy agreement can only be terminated in certain circumstances.

38.The tenant agrees, when this agreement ends, to give vacant possession of the premises to the lessor. Before giving vacant possession to the lessor the tenant must:

38.1remove all the tenant’s goods from the residential premises; and

38.2leave the residential premises as closely as possible in the same condition, fair wear and tear excepted, as at the commencement of the tenancy; and

38.3return to the lessor all keys, and other opening devices or similar devices, provided by the lessor.

39.The tenant may be liable for losses incurred by the lessor if the above requirements are not met.

ENDING A FIXED-TERM AGREEMENT

40.If this agreement is a fixed-term agreement it may be ended:

40.1by agreement in writing between the lessor and the tenant; or

40.2if either the lessor or tenant does not want to renew the agreement, by giving written notice of termination. The notice must be given to the other party at least 30 days prior to the date on which vacant possession of the premises is to be delivered to the lessor. The notice may be given at any time up until the end of the fixed term but cannot take effect until the term ends.

ENDING A PERIODIC AGREEMENT

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

41.1by agreement in writing between the lessor and the tenant; or

41.2by either the lessor or the tenant by giving written notice of termination to the other party. The notice may be given at any time. The lessor must give at least 60 days’ notice and the tenant must give at least 21 days’ notice.

ENDING A TENANT’S INTEREST IN A RESIDENTIAL TENANCY AGREEMENT BECAUSE OF FAMILY VIOLENCE

41A. A tenant’s interest in a residential tenancy agreement may be ended:

41A.1 by the tenant under the Residential Tenancies Act 1987 section 60(1)(ba) if the tenant or a dependant of the tenant is, during the tenancy period, likely to be subjected or exposed to family violence; or

41A.2 by the tenant under the Residential Tenancies Act 1987 section 60(1)(bb) if the tenant receives a copy of a notice of a termination referred to in paragraph 41A.1 from another tenant; or

41A.3 by a court under the Residential Tenancies Act 1987 section 60(1)(bc) if a family violence order is in force against a tenant to protect another tenant or if the court is satisfied that the tenant has committed family violence against another tenant or their dependant during the tenancy period.

OTHER GROUNDS FOR ENDING AGREEMENT

42.The Residential Tenancies Act 1987 also authorises the lessor and tenant to end this agreement on other grounds. The grounds for the lessor include sale of the residential premises, breach of this agreement by the tenant, where the agreement is frustrated (e.g. where the premises are destroyed or become uninhabitable) and hardship. The grounds for the tenant include breach of this agreement by the lessor, where the agreement is frustrated (e.g. where the premises are destroyed or become uninhabitable) and hardship.

43.For more information, refer to the Residential Tenancies Act 1987 or contact the Department of Mines, Industry Regulation and Safety on 1300 30 40 54 or visit www.commerce.wa.gov.au/ConsumerProtection.

44.Warning:

44.1It is an offence for any person to obtain possession of the residential premises without an order of the Magistrates Court if the tenant does not willingly move out (a termination notice issued by the lessor or property manager is not a court order). The court may order fines and compensation to be paid for such an offence.

44.2It is an offence for a tenant to fail to provide the lessor with a forwarding address when vacating the premises.

SECURITY BOND

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

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

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bond to be released to the lessor, the lessor or property manager will provide the tenant with evidence to support the amount that the lessor is claiming.

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

47.1a Joint Application for Disposal of Security Bond form signed by all the parties to the tenancy agreement; or

47.2an order of the court.

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

49.Warning: It is an offence for a lessor or a property manager to require a tenant to sign a Joint Application for Disposal of Security Bond form unless the residential tenancy agreement has terminated, the rent to be paid under the tenancy agreement is decreased or a pet is no longer kept at the premises, and the amount of the security bond to be paid to the tenant or lessor is stipulated on the form.

TENANCY DATABASES

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

50.1the person is a named tenant on the residential tenancy agreement; and

50.2the residential tenancy agreement has been terminated; and

50.3the person owes the lessor a debt that is greater than the security bond or a court has made an order terminating the tenancy agreement.

NOTICES

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

51A.1 in the prescribed form; or

51A.2 if there is no prescribed form but there is an approved form — in the approved form; or 51A.3 if there is no prescribed form or approved form — in writing.

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

51C. A notice under this agreement may be given to a person: 51C.1 by giving it to the person directly; or

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

51C.3 if the person has agreed under Part A to the electronic service of notices — by sending the notice to the email address or facsimile number given in Part A.

51D. A person may withdraw his or her consent to a notice being given to the person by email or facsimile by giving a notice to that effect to each other party to the agreement.

ADVICE, COMPLAINTS AND DISPUTES

DEPARTMENT OF MINES, INDUSTRY REGULATION AND SAFETY

52.The Residential Tenancies Act 1987 allows the Commissioner for Consumer Protection to give advice to parties to a residential tenancy agreement, to look into complaints and, wherever possible, help to settle them. The Department of Mines, Industry Regulation and Safety may be contacted by telephone on 1300 30 40 54 or by visiting one of the Department’s offices.

53.The tenant should generally approach the lessor or property manager to solve any problem before approaching the Department of Mines, Industry Regulation and Safety. The Department’s role is one of mediation and conciliation, it cannot issue orders or make determinations in respect of disputes.

IF A DISPUTE CANNOT BE RESOLVED

54.If a dispute arises between the lessor and the tenant and the dispute cannot be resolved, either party may apply to the Magistrates Court to have the dispute decided by the court. The court can make a range of orders, including:

54.1restraining any action in breach of the agreement; and

54.2requiring a party to the agreement to perform a certain action under the agreement; and

54.3order the payment of any amount owing under the agreement; and

54.4order the payment of compensation for loss or injury.

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PART C

IMPORTANT INFORMATION

Additional terms may be included in this agreement if:

(a)both the lessor and tenant agree to the terms; and

(b)they do not conflict with the Residential Tenancies Act 1987, the Residential Tenancies Regulations 1989, or any other law; and

(c)they do not breach the provisions about unfair contract terms in the Fair Trading Act 2010; and

(d)they do not conflict with the standard terms of this agreement.

ADDITIONAL TERMS ARE NOT REQUIRED BY THE RESIDENTIAL TENANCIES ACT 1987. HOWEVER, ONCE THE PARTIES SIGN THIS AGREEMENT, THE ADDITIONAL TERMS ARE BINDING UPON THE PARTIES UNLESS THE TERM IS FOUND TO BE UNLAWFUL.

ADDITIONAL TERMS:

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

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THE LESSOR AND TENANT ENTER INTO THIS AGREEMENT AND AGREE TO ALL ITS TERMS.

Signed by the LESSOR/PROPERTY MANAGER

_____________________________________________	______/______/_______
[Signature of lessor/property manager]	Date

Signed by the TENANT/S (strike-out non-applicable signature blocks)

_____________________________________________	______/______/_______
[Signature of tenant]	Date

_____________________________________________	______/______/_______
[Signature of tenant]	Date

_____________________________________________	______/______/_______
[Signature of tenant]	Date

_____________________________________________	______/______/_______
[Signature of tenant]	Date

For further information about rights and obligations as a lessor or tenant, refer to the Residential Tenancies Act 1987 or contact the Department of Mines, Industry Regulation and Safety on 1300 304 054 or www.commerce.wa.gov.au/Tenancy

For Translating and Interpreting Services please telephone TIS on 13 14 50 and ask to speak to the Department of Mines, Industry Regulation and Safety (1300 304 054) for assistance.

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