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Application of

Residential Tenancies

Act and Regulations.

24B–1

CONDITIONS

1.The OWNER and TENANT shall comply with the provisions of the Residential Tenancies Act

1987 and the Residential Tenancies Regulations 1989 as they apply to each party. The definition and interpretation of words used in this AGREEMENT shall be the same as the Residential Tenancies

Act 1987.

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Payment of Rent.

Owner to provide and maintain premises in reasonable repair.

Tenant to maintain cleanliness and report damage.

—Illegal purposes —Nuisance —Purposes other than dwelling.

Vacant possession without legal impediment to be given at commencement of agreement.

2.The OWNER lets and the TENANT takes the premises situated at

................................................................................................................................................................................

3.The OWNER shall hand over the residential premises in a reasonable state of cleanliness and maintain the residential premises in a reasonable state of repair having regard to their age, character and expected life and shall comply with all requirements in respect of buildings, health and safety in respect of residential premises.

4.The TENANT shall keep the residential premises in a reasonable state of cleanliness and shall notify the owner as soon as practicable but within 3 days of any damage to the residential premises and of any state of disrepair which arises during the term of the tenancy.

5.The TENANT shall not use the premises or cause or permit the premises to be used for any illegal purposes or cause or permit a nuisance. The premises shall be used solely for the purposes of a residence and the TENANT shall not cause or permit the premises to be used for any other purpose.

6.On the date of the commencement of the agreement, the OWNER will grant vacant possession to the TENANT of the residential premises and the OWNER states that at the time of entering the agreement there is no legal impediment either known or imputed to him to the occupation of the residential premises as a residence for the term of the tenancy.

Interference with tenant’s peace and comfort and privacy.

Owner’s right of entry.

—with consent

—emergency

—inspection

—repairs

—prospective tenants

—prospective purchasers

Locks and security devices.

24B–2

7.The OWNER shall not cause or permit any interference with the reasonable peace, comfort or privacy of the TENANT in the use of the premises and shall take all reasonable steps to enforce this obligation upon any other TENANT of the OWNER in occupation of adjacent premises.

8.The OWNER may, subject to the obligations contained in paragraph 7 above, enter the premises in the following circumstances:

(a)with the consent of the TENANT given at, or immediately before, the time of entry;

(b)in any case of emergency;

(c)for the purpose of inspecting the premises or any other purpose on a day and at a reasonable hour specified in a notice given to the TENANT between seven and fourteen days in advance;

(d)for the purpose of carrying out necessary repairs to or maintenance of the premises, at any reasonable hour, after giving to the TENANT not less than seventy‐two hours notice;

(e)for the purpose of showing the premises to prospective tenants, at any reasonable hour and on a reasonable number of occasions during the period of twenty‐one days preceding the termination

of this agreement, after giving the TENANT reasonable notice;

(f)for the purpose of showing the premises to prospective purchasers, at any reasonable hour and on a reasonable number of occasions, after giving the TENANT reasonable notice.

9.The OWNER shall provide and maintain such locks and other devices as are necessary to ensure that the premises are reasonably secure and neither the OWNER nor the TENANT shall alter, remove or add any such lock or device without the consent of the other given at or immediately before the time of alteration, removal or addition of any such lock or device.

—Fixtures

—renovations —alterations or additions.

Removal of fixtures.

Compensation for damage caused by removal of fixtures.

Rates, taxes and charges.

Water consumption.

Sub letting or assignment.

Notice of termination for breach of agreement by tenant (other than non‐payment of rent).

Notice of termination for breach of agreement by tenant (non‐payment of rent).

Termination for breach of agreement by owner.

Termination by owner.

Termination by owner. —no ground.

Termination by tenant. —no ground.

24B–3

10.The TENANT shall not affix any fixture or make any renovation, alteration or addition to the residential premises, without the prior consent of the OWNER, provided that such consent shall not be unreasonably withheld.

11.Where the OWNER has given consent pursuant to paragraph 10 above the TENANT may remove any fixture that the tenant has affixed in the premises during the tenancy, unless the removal of the fixture would cause irreparable damage to the premises.

12.Where the TENANT causes damage to the premises by the removal of any fixture installed by the TENANT the tenant shall notify the OWNER, at whose option the tenant will repair or compensate the OWNER for any reasonable expenses incurred by the OWNER in repairing the damage.

13.The OWNER shall bear the cost of all rates, taxes or charges imposed in respect of the premises under any of the following Acts: Local Government Act 1995, Land Tax Act 2002, any written law under which a rate, tax or charge is imposed for ‘water services’, as defined in the Water Agencies (Powers) Act 1984, other than a charge for water consumed. The OWNER shall pay ............% of charges for water consumed and the TENANT shall pay the balance.

14.The TENANT may sub let the premises or assign the tenant’s interest under the AGREEMENT subject to the prior consent of the OWNER which consent shall not be unreasonably withheld. No charge shall be made by the OWNER for that consent, other than reasonable expenses incidental thereto.

15.If the TENANT does not keep his or her part of the agreement except for not paying rent, the OWNER may give a notice (‘the first notice’) requiring that the matter be put right. If the TENANT does not put the matter right, then not less than 14 days after the first notice was given the OWNER may give another notice (‘the second notice’) in the form of Form 1C of the Residential Tenancies Regulations to the TENANT ending the tenancy not less than seven days after the second notice is given.

16.If the TENANT does not pay rent due under the agreement or gives a bad cheque in payment of rent due under the agreement, the OWNER may either—

(i)give a notice (‘the first notice’) to the TENANT requiring payment of the outstanding rent and, if the rent is not paid, give another notice (‘the second notice’) to the TENANT in the form of Form 1A of the Residential Tenancies Regulations, not less than 14 days after the first notice was given, ending the tenancy not less than seven days after the second notice is given: or

(ii)on the day after the rent was due or on the dishonouring of the cheque, give notice to the TENANT in the form of Form 1B of the Residential Tenancies Regulations ending the tenancy not less than seven days after the notice is given.

In the case of (ii) the tenancy shall not end if the TENANT pays the rent due under the agreement before the day specified in the notice for vacation of the premises. In addition, an application by the OWNER to a competent court to end the tenancy shall not be continued if the TENANT pays the rent due together with the amount of any court application fee at least one day before the scheduled court hearing.

17.Where the OWNER has breached any term of this AGREEMENT the TENANT may apply to a competent court for an order terminating the AGREEMENT.

18.The OWNER may give the TENANT at least thirty days’ notice of termination of this AGREEMENT in the form of Form 1C of the Residential Tenancies Regulations if a contract has been entered into for sale of the premises under which vacant possession of the premises is required to be given.

19.The OWNER may give the TENANT at least 60 days’ notice of termination of this AGREEMENT without specifying any ground for the notice. The notice shall be in the form of Form 1C of the Residential Tenancies Regulations.

20.The TENANT may give the OWNER at least twenty‐one days’ notice of termination of this AGREEMENT without specifying any ground for the notice. The notice shall be in writing, shall be signed by the TENANT, shall identify the premises the subject of the AGREEMENT, and shall specify the day on which the TENANT will deliver up possession of the premises.

Termination by mutual agreement.

Contracting out of provisions in the Residential Tenancies Act.

21.The agreement may be terminated if both the OWNER and the TENANT agree in writing signed by both parties that the tenancy agreement be ended and the date it is to be ended.

22.Owners and Tenants should be aware that it is an offence to contract out of certain provisions of the Residential Tenancies Act 1987 and should seek advice from the Department of Commerce (Department) before doing so. Advice regarding residential tenancies can be obtained free of charge from the Department’s Telephone Advice Line 1300 30 40 54.

Apart from certain cases it is an offence (maximum fine ‐ $2000) to make an agreement that includes anything that is contrary to the provisions of the Residential Tenancies Act 1987.