Tenant Handbook - maloneys.com.au · The Tenant Handbook We have designed this handbook to be a guide for our tenants. We hope that it will give you access to quick tips and answers

Tenant Handbook

proven, preferred and now guaranteed

© Copyright Maloney’s

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The Tenant HandbookWe have designed this handbook to be a guide for our tenants. We hope that it willgive you access to quick tips and answers to frequently asked questions when it comesto renting.

This handbook comes divided into 2 sections:

1. TENANT INFORMATIONThese are plain english information outlining our procedures and interpretations of the Act for our tenants reference.

2. THE PRESCRIBED TERMSThese are the rules of your tenancy that property investors and tenants are bound to and that we as property managers have to work within.

We hope that you take the time to read this document and refer back to it in the future.

If you need to contact our office with any questions you have or maintenance theoffice contact details and hours are as below.

www.maloneys.com.au—this is the best way to contact us for non urgent matters

Phone: 6232 0100Fax: 6239 5711

Monday to Friday 8.30 am to 5.30 pmSaturday 9.00am to 12.00pm

Peter and Sue Maloney

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Tenants Information

CONTENTSTEnAnTS InForMATIon

MoVInG In

InSUrAnCE

BonD PAYMEnTS

rEnTAL PAYMEnTS

LooKInG AFTEr THE ProPErTY

CHAnGES To TEnAnCY AGrEEMEnTS

roUTInE InSPECTIonS

SEASonAL GArDEnInG

BrEAK LEASE

rEnT InCrEASES

LEASE rEnEWALS

noTICE To rEMEDY

TEnAnTS rEQUESTS

VACATInG

VACATInG CECKLIST

WATEr USAGE

BoDY CorPorATE

ACTEW WATEr TABLE

ASBESToS ADVICE

SCHEDULE PrESCrIBED TErMS

rESIDEnTIAL TEnAnCIES ACT 1997SCHEDULE PrESCrIBED TErMS



Maloney’s Tenant Handbook - Commercial in ConfidenceEvery care has been taken to verify the correctness of details in this brochure. Interested partiesare requested to take such actions as necessary to satisfy themselves of any pertinent matters.

Connecting your utilitiesIt is important that now you have the keys to yournew home you arrange to have the utilities andservices connected in your name. Below are thenumbers for a selection of service providers thatmay be helpful:

Electricity ACTEWAGL 13 10 93

Gas ACTEWAGL 13 19 09

Telephone Transact 13 30 61

Telstra 13 22 00

optus 1800 780 219

Pay TV Foxtel 1300 785 622

It is important it is a condition of your tenancy thatif a phone landline is intact when you takeoccupancy that you ensure it is fully intact whenyou vacate. If this service is not used or connectedthe phone company after a short time come andremove the line which results in high costs forreconnection.

KeysYou will be issued a set of keys for each tenantlisted on the agreement only, this does not includeoccupants. Should you wish to copy keys or requestextra sets this will be at your expense. All keysissued to you at the commencement of yourtenancy as well as any copies must be returned tous when you vacate.

If you misplace your keys during business hours youare welcome to borrow our office set whilst copiesor replacements are arranged at your expense. Ifthe locks require replacement please ensure thatyou provide our office with a set of the new keys.

Other handy contact numbersEmergency 000

Police 13 14 44

Action bus service 13 17 10

Taxi service 13 22 27

Canberra connect 13 22 81

Canberra Hospital 6244 2222

Calvary Hospital 6201 6111

MOVING IN

INSURANCEIt is essential for tenants to insure their ownproperty through contents and motor vehicleinsurance.

The lessor is not responsible to protect the tenants'property, EVEn if the damage is caused by aproblem with the rented premises i.e. roof leakage,storm water etc.

In the event of a break in, or attempted break in,the tenant is required to contact Maloney's realEstate as soon as possible.

report the incident to the Police and make surethat you get a "Police Attendance number" for usewith any insurance claims necessary.

If after hours, contact the emergency tradesmanon your tenancy agreement for any essentialrepairs.

If security flyscreens are fitted to the doors, ensurethat these are locked when the premises areunattended.

If you are one of our tenants that rent in anapartment block, do not leave garage accesscards/keys/remotes in your vehicle. If they arestolen, you will have to pay for replacement itemsand costs.

BOND PAYMENTSTHE BOND WILL BE HELD DURING THETERM OF THE TENANCY AGREEMENT BYTHE "OFFICE OF RENTAL BONDS"The bond will not exceed the equivalent of 4 weeksrent of the original tenancy agreement.

The bond is not accessible to either party (Lesseeor Lessor) during a tenancy agreement.

The bond must not be used by the tenant to payrent.

The bond may only be released in part or in full:

• By the tenant to the lessor

• By the lessor to the tenant

• By an uncontested application for the release ofthe bond

• In the case of a contested application, by anorder by the residential Tenancies Tribunal

The release of bond monies will only take place atthe end of a tenancy agreement after inspection bythe lessor (or the agent on behalf of the lessor) andthe lessor (or their agent) is satisfied with thecondition and cleanliness of the premises.

The tenant is obliged under prescribed term 99 ofthe tenancy agreement to advise the lessor (ortheir agent) of a forwarding address on vacatingthe premises.


All Maloney’s new tenants are required to pay rentby direct debit, this is where we actually withdrawthe funds from your selected bank account. Thereis no cost for this facility and we adjust all rentaldue dates to fall on the day that you request.

Maloneys have a zero tolerance policy for rentarrears. You will be contacted by telephone andSMS daily if your rent falls between 3-7 days late.notice to remedy will be issued if you reach 8 dayslate and may result in a notice to vacate.

rent is to be paid in advance at all times. Thismeans that you have to pay for the upcoming rentperiod in advance ie. If you pay rent on a Thursdayfortnightly basis, every Thursday you pay for thenext fortnight and so on. The amount in advance isused up each time and on the day rent falls duethey are no longer in advance until the nextpayment is received. Tenants sometimes think thatwhen they give us notice they have a spare twoweeks rent ‘in advance’ up their sleeves. This is notthe case.

All rent paid to dates in Maloney’s system are up tobut not including, this means that the paid to dateon your receipt is the next day that rent is due.

If at any stage you wish to change the date yourrental payments are due or to change your bankaccount details you must advise us in writing. Youcan do this via fax, e-mail or post.

When you decide to vacate the property the finalrent is calculated on a daily basis up to the day youactually vacate the premises and keys are returned.You do not pay rent for the day that the finalinspection is carried out.

RENTAL PAYMENTS

HeatersPlease ensure that no combustible or flammablematerial is placed on or near heater to avoid a firerisk. If you have a ducted heating system pleaseensure that the filter is cleaned regularly.Combustion heaters are to be kept clean of ashbuild up and a mat placed in front of them to avoiddamage to the flooring by coals or ash falling gout.Please obtain approval before using any fireplacewithin a property sometime these are ornamentalonly or the chimney has been blocked up. Should itbe approved for use all care must be taken as anydamage caused by coals, ash or sparks falling willbe your responsibility.

Air conditionersPlease ensure that filters on any air conditioningunit are cleaned regularly this ensures efficient andeffective performance. Should the unit requirerepair or servicing and it is found to be due tounclean filters the cost of this repair may be passedon to you.

Damage to the propertyPlease ensure that all damage to the property isreported to our office as soon as possible after theevent.

Fixtures and fittingsIf you wish to install or remove any fixtures orfittings you must make a request in writing. Youmust not paint any part of the property or removecurtains or carpeting without written approval.

Picture hooksYou must not install any hooks in the propertywithout approval. Please forward a written requestadvising where and what type of hooks you wouldlike to add. You must have our written approval inwriting prior to any addition. You must not paintany part of the property.

Noise/DisruptionYou must take care to ensure that you do notdisrupt your neighbours with noise. It is arequirement under the tenant agreement and mayresult in notice to remedy. This incudes thebehaviour of any visitors you may have at theproperty. Particular care must be given inapartment or townhouse complexes.

ConsumablesThe replacement of light globes and batteries inremote controls or smoke alarms is yourresponsibility. Should you replace these items andthey still not function please report to our office.

No smokingAll of Maloney’s rental properties have a smokefree policy. We respect your right to smokehowever we request that you smoke outside of thepremises. If you still choose to smoke inside theproperty any costs for specialised cleaning toremove odours or damage will be yourresponsibility.

Pot plants and AquariumsPlease do not have pot plants or aquariums insidethe premises. Pot plants placed on hard surfacesparticularly tiles and linoleum may leave an indent,stain or damage. Pot plants placed on carpets runsthe risk of carpet rot or staining, even with platesor containers underneath. Aquariums like potplants can leave marks on floors and the weight ofa filled aquarium may cause permanentindentations and damage to carpet.

House cracking and movementPlease notify us if you notice any movement orcrack to walls or ceilings. If pre-existing cracksappear to be growing larger please also let usknow.

LOOKING AFTER THE PROPERTYIt is a requirement of the tenancy agreement that you take care of the property.


LOOKING AFTER THE PROPERTY Continued

Vermin or pestsVermin and pests are an unfortunate fact of lifeparticularly in the colder months. Your first actionshould be to purchase traps or bait to try andrectify the situation along with ensuring that allfood is contained and spills, crumbs and pet foodthat attract vermin are cleaned up promptly. Thesame goes for general spider entry into theproperty. Should you be experiencing an infestationplease report it via our websitewww.maloneys.com.au

TermitesTermites can quickly cause extensive damage to aproperty. Signs can include wood becoming brittle,sounding hollow when tapped or knocked or thepresence of mud deposits and actual termitesthemselves. If you see any signs of termites ortermite damage please bring this to our attentionimmediately.

Carpet CleaningCarpets should be cleaned on six to twelve monthlybasis simply due to general living. The best time todo this is during the warmer months. We do notrecommend the use of do-it-yourself machines asthey do not always remove the water that ispumped into the carpets adequately and in thelong term cause more damage than good.

General CleaningPart of your requirements under the TenancyAgreement is to keep the property reasonablyclean. Please pay particular attention the followingitems on a regular basis:

• Stove (particularly behind and down sides),griller, oven and spill bowls must be cleaned.

• remove dirty marks from doors, walls, switches,power points and skirting boards.

• Air vents should be dusted or wiped over.Particularly those for heating and coolingsystems.

• Bathrooms, toilets, basins, shower recesses,tracks, tiles, soap dishes and glass to be free ofall grime, soap residue and mould.

• All windows, sills, screens and tracks to beregularly cleaned and dusted.

• Exhaust fan covers should be taken from ceilingand washed

• Venetian blinds should be dusted and cleaned,curtains kept free from dust and if suitablemachine washed.

• Floors should be regularly swept and mopped,and carpets vacuumed regularly.

• Cobwebs to be removed inside and outside ofhome.

• Light fittings should be cleaned of dust andcobwebs.

• Ventilation – please ensure all rooms areadequately ventilated to avoid problemsassociated with condensation which can causemould and health issues. This is particularlyimportant during the colder months whencondensation can cause serious damage tocurtains, paint work and carpets.

Taking care in the kitchen• Please ensure that chopping boards are used on

bench tops and sinks to avoid cut marks andscratches

• Please ensure that dishwashers are cleaned on aregular basis and that filters are cleaned of foodremains.

• Ensure that range hood filters are kept clean andthe range hood cleaned of oil build up regularly

• Be on the lookout for any water inside ofcupboards or underneath dishwashers andreport immediately to avoid permanent waterdamage

• Please take care when using certain cleaningproducts and/or scourers when cleaning toavoid permanent damage to surfaces i.e.stainless steel can become permanentlydamaged by oven cleaners always readinstructions.

Taking care in wet areas• Should a sink or bath tub become blocked first

try a cleaning product like Draino. Followinstructions carefully, if the bath, sink or basinremains blocked please report to us via ourwebsite. Take care to ensure foreign objects arenot placed down the drains, should a plumberbe employed to unblock drains and the blockageis caused by something foreign the expense willbe billed to the tenant.

• Should you notice loose tiles to walls, theshower recess or behind the laundry tub pleaseensure that you let us know

• Likewise should you notice any water damageadjacent to shower recesses, bathtubs etc.,please let us know immediately.

Taking care out side the property• Weeding garden beds, paths, paving and other

external areas are the responsibility of thetenant as is the trimming of bushes and shrubsin and around the garden.

• Lawns need to be mown regularly and the edgeskept neat and tidy.

• Supplied hoses, fittings and accessories are tobe kept in good condition and be in place at theend of the tenancy free from damage.

• Please ensure that rubbish is removed from theproperty regularly this includes items such as carparts, old pieces of furniture and lawn clippings.

• Please ensure that vehicles are only parked inthe allocated parking areas, at no time shouldthey be parked on lawns, gardens or any otherarea not designated as vehicle parking. Anypermanent damage caused to lawns andgardens will be the tenants responsibility andcost to rectify.

• Please also note that any vehicle that may dripoil should have a drip tray placed underneath it.oil spills should be cleaned up immediately toprevent permanent stains. Any permanentstaining on concrete driveways, carports orgarage floors will result in compensation beingcharged to the tenant.

Swimming pools or spasIf the property that you are renting has a swimmingpool or spa please pay attention to the following:

• Unless it is agreed otherwise in your tenancyagreement the cleaning and maintenance of thepool or spa will be the responsibility of thetenant. The pool must be maintained in itsoriginal clean state and any costs incurred toreturn the pool to this during or at the end ofthe tenancy will be the tenants.

• The pool or spa must be kept topped with waterand must not be emptied without writtenapproval from us.

• The cost of all chemicals required will be thetenants responsibility.

• The tenant must maintain and keep in goodcondition any pool covers, accessories, cleaningand maintenance equipment. They must bestored out of the sun and supplied covers mustbe neatly rolled or folded when not in use.

• We must be notified immediately if pool fencesand gates are not functioning correctly. Statepool/spa regulations must be adhered to at alltime.

These can be found at www.actpla.act.gov.au


Any changes to tenancy agreements need to beapproved in writing before they take place.

These changes include:

• removing a tenant

• Adding a new tenant

• Adding an occupant

• new tenants taking over existing tenancy

Removing a TenantIf you want an existing tenant to be released fromthe agreement and replaced by a new tenant, youare required to put this request in writing. The newtenant needs to be approved by completing aMaloney’s application form. The request is thentaken to the owner for a decision. The mostimportant aspect of this change is the rentpayment arrangements. The remaining tenantsmust pay the portion of rent previously paid by theleaving tenant and new forms are required. Forexample if three people were originally on theagreement, paying 33%, 33% and 34%, and onecancelled the remaining tenants would need toauthorise us to take 50% and 50% from theiraccounts. This needs to be in the form of newdirect debit forms.

If you are planning to have someone replace thatexisting tenant, until he/she is approved, the rentstill needs to be paid as per the tenancy agreement(see below).

Adding a New TenantThe applicant needs to be approved by completinga Maloney’s application form. This request then ispassed onto the owner for a decision.

rental arrangements remain the same until theapplicant is approved.

once the change has been approved a newtenancy agreement must be signed and a bondtransfer form must be signed by all current tenantsand all the tenants who will be staying in theproperty. Any physical payment of funds to anyoutgoing tenant from the new tenant must besorted between yourselves. All new tenants mustagree to signing the original condition report andthis is then endorsed by the tribunal as the ingoingcondition report for the new tenancy.

Adding an OccupantAn occupant of the property is not on the tenancyagreement; they are the Lease Holder’sresponsibility. To be a new occupant of a property,you still need to be approved by completing aMaloney’s application form. A request in writing toadd the occupant then goes to the owner for adecision. rent cannot be deducted from anoccupants account. The rental arrangements foroccupants need to be worked out between thetenants and the occupants separately.

New Tenants Taking Over Existing TenancyThis request is very important to be IN WRITING.

once received it is then passed on to the owner forapproval. The rental arrangements are the same asfor removing a Tenant. The leaseholder cannot bereleased from the tenancy (when on a fixed term)without approval from the owner.

CHANGES TO TENANCY AGREEMENTS

During your tenancy you will have twice yearlyroutine inspections, as per clause 77 of “ThePrescribed Terms” of your lease agreement, youwill be notified in writing at least 7 days prior whenyour inspection will be carried out.

This inspection will be carried out on the day andtime specified and you are not required to bepresent during this inspection as the office set ofkeys can be used to carry out the inspection.

our office carries out the inspections in ageographically grouped batch, so your assistance isrequested in making sure that you notify alloccupants of the date that the inspection will beperformed as soon as possible after receiving yourletter. Should you find the need to reschedule thebooked inspection or change the time we will doour best to meet your needs however inspectionsare only carried out between 9.00 am and 5.00 pmMonday to Friday.

In addition to your routine inspections you will alsohave a First Inspection within 28 days of the start ofyour tenancy and a pre-vacate inspection oncenotice to vacate has been issued. Please note thatroutine inspections and pre-vacate inspections willnot be as detailed as the final check out inspection.

We will be taking photos at the inspections therewill be a minimum of 2 internal and 2 externalshots in order for us to be able to report to theowner that the property is being maintainedcorrectly and to show any repairs or maintenancerequired. These photos will not be used foranything other than the inspection purposes.

What we will be checking at routine inspections:

• The property must be clean and tidy

• The carpet must not be obstructed by itemsother than furniture and must be stain free

• Stove, grill, oven, exhaust fans and dishwashersare all clean

• Windows and sills are cleaned and free ofmoisture

• Bathrooms are to be free of all mould and soapscum including ceilings

• Toilets are to be cleaned inside and out

• Lawns are to mowed, edges trimmed andgardens weeded where applicable

• Approved pets should be restrained for propertyinspections for their safety and ours. Anydroppings to be picked up and removed.

ROUTINE INSPECTIONS

If you have chosen to rent a property with a gardenyou are responsible for maintaining the gardensand grounds. This includes watering, mowing,trimming, weeding, the removal of waste and theprevention of damage i.e. not parking vehicles onlawns or gardens.Excess garden waste is not to be used as mulch!

SPRING

A good time for a clean up, in preparation for plantgrowth.Reset sprinkler systems (if available)

SUMMER

Adjust periods for watering lawns and garden beds.

Tenants have a responsibility to keep the grass andplants healthy and trimmed.

AUTUMN

rake leaves, reset sprinkler systems (if available).Remove waste material.

WINTER

Maintain appropriate water to gardens and lawns(frosts actually dry grass and plants out)

If any water restrictions are in place this is not anexcuse for not watering the lawns and plants at aproperty. If you have rented a property with agarden you will be responsible for themaintenance. A copy of the scheme of temporaryrestrictions outlining each stage for waterrestrictions is at the rear of this handbook

SEASONAL GARDENING


When you sign a tenancy agreement you areagreeing to be bound by the terms and conditionsset out in the agreement, including the period ofthe fixed term.

If you decide you wish to vacate the premisesduring the fixed term period, you are required torequest that you wish to end the tenancyagreement.

We will try to come to an arrangement that willallow you to vacate during the fixed term withminimal costs to you. In this instance we willrequire you to pay the same compensation to theowner that is allowable under the residentialTenancies Act, which is, rent up until the propertyhas been re-let plus compensation towards theowner’s costs of re-letting. The compensation willbe calculated taking into account the length left onyour fixed term agreement. All rent must continueto be paid in advance as per your tenancyagreement. Your final inspection will be carried outshortly after the vacate date.

If you do not agree to the above terms we willapply to the tribunal for them to rule on the costsand rent that you are to pay. We try to avoid this asit is time consuming for both parties. If the matteris heard the Tribunal will listen to your reasons forwanting to terminate the agreement and ourarguments on behalf of the lessor and then make aruling that all parties must adhere to.

If you decide to vacate the premises during thisprocess you are still responsible for maintaining theproperty i.e. keeping the power connected, keepingthe property clean and well presented andmaintaining the grounds. rental payments during thisprocess must be kept up to date and in advance. Asper clause 26 of the prescribed terms of youragreement “the tenant must not use the bond moneyto pay the rent for the last weeks of the tenancy.

Should you fail to adhere to the terms of thetenancy agreement even if you have vacated, arecommendation will be made to the lessor toapply to the Tribunal for compensation.

BREAK LEASE

The residential Tenancies Act Prescribed Termsstate; ‘The amount of the rent shall not vary fromperiod to period except as provided for in theagreement and The residential Tenancies ACT.’ And‘The rent may not be increased at intervals of lessthan 12 months from either the beginning of thetenancy agreement for the first rental increase, orafter that, from the date of the last increase.

At Maloney’s you can generally expect your rent tobe increased every 12 months. We will always giveyou at least eight weeks notice and this will be keptin line with your normal rent due date.

We will increase your rent using the formulaprovided in the residential Tenancies Act that thetribunal use for determining fair increases; thismeans that the rental increase is deemed to be afair amount taking into consideration the currentCPI.

If you think that the increase is excessive or wouldlike to make an offer of a lower amount pleaseadvise us in writing and we will contact the lessorfor further instructions. If an agreement cannot bereached as to the amount of the increase you maymake an application at the tribunal to have thematter heard by a registrar. The tenancy agreementstates that you must do this before the increasecomes into effect, at the tribunal a registrar willmake an order that both parties must adhere towithout question.

RENT INCREASES

During a tenancy any request from a tenant exceptfor urgent repairs is required to be in writing. Thesecan be faxed, e-mailed or posted. Verbal requestswill not be actioned.

This includes requests to change rental payments,maintenance, changes of tenants, disputes ofrental increases etc.

once a written request is received we will contactthe owner for their instructions.

Maloney’s will contact you once we have beenadvised by the lessor of their decision.

Maloney’s will always try to respond to any writtenrequest promptly, however we are unable toapprove requests without speaking to the owner.Your patience while we are waiting to hear fromthe owner is always appreciated.

once the fixed term of a tenancy agreementexpires if your rent has been paid on time and yourproperty is maintained your lessor may requestthat you sign another fixed term or alternativelyyou may contact us asking us if another agreementcan be signed.

If you have requested a new agreement and in themean time your lease has expired you do not needto worry, your lease agreement continues on aperiodic basis.

neither you nor your owner can insist that theother party sign another agreement.

If you have been offered a new agreement and youdo not want to sign on for another fixed termplease contact us and let us know. We need toadvise your owner of your decision.

There are pros and cons for signing a new lease,you should think carefully before signing anotherfixed term agreement:

1. If you sign on for another fixed term and decideto vacate during that term, you will be breakingyour lease and there are penalties for this.

2. If you are renting in a group situation and signon for another fixed term, you are signing acontract that all parties will be there for thewhole term. Making changes to a fixed termagreement is not possible without penalties.

3. You cannot be given notice to vacate during afixed term unless you have breached youragreement.

4. Your rent cannot be increased during a fixedterm; however notice of an increase followingthe end of a fixed term may be given during thefixed term.

If you are renewing your agreement it will beposted to you, please sign it and the prescribedterms and return it to us straight away. Until wehave signed the returned lease on the lessor’sbehalf you will remain on a periodic agreement.

LEASE RENEWALS

TENANTS REQUESTS

During a tenancy if you break any clause of theagreement a notice to remedy will be issued.

A notice to remedy needs to be in writing and statethe clause that has been broken. It must provideyou with 14 days to remedy the problem.

If the breach is not rectified within the 14 dayperiod, a 14 day notice to vacate may be issued.

If you do not vacate the premises following a noticeto vacate an application will be made to thetribunal to have the tenancy agreement terminatedand an eviction order issued.

If you breach the tenancy agreement on threeoccasions on any ground – on the third occasionthe lessor may serve a notice to vacate and neednot give you 14 days to remedy.

NOTICE TO REMEDY


If you are coming to the end of your current fixedterm agreement or you are on a periodicagreement you may give three weeks writtennotice to vacate at any time. A notice to vacateform can be complete online atwww.maloneys.com.au.

The period of notice commences the day wereceive your notice, not the day that it is written. Itis a very good idea to contact us the day after youhave sent your notice to confirm that it has beenreceived. This includes e-mailed or faxed notices. Ifyou are posting your notice please take intoconsideration the postage time.

once your notice is received we will respond inwriting to you and advise your lessor that theproperty is coming vacant.

The final rental paid-to date will be the dayfollowing the date you vacate, and that will be thesame day that your final inspection will be carriedout. As all rental paid-to dates at Maloney’s are upto but not including you are not paying rent for theday that the final inspection is carried out.However if the property is not ready for inspectionon the day that you have stated or the keys are notreturned to our office you may be charged rentaluntil the date the matter is finalised.

It is a very good idea to make sure that you checkall the items on the cleaning checklist are carriedout. If the property is not cleaned to the standardthat is expected or there is damage that needsattending attempts will be made to give you theopportunity to rectify the problem, however acleaner or tradesperson may be employed at yourexpense if we are unable to contact you or you donot rectify the problem within a 48 hour period.

Please remember that tiredness after moving intoanother property can often hamper thoroughnesswhen cleaning, this can lead to frustration if itemsare required to be cleaned again following the finalinspection. We encourage you to employ aprofessional cleaner as this can help have yourbond returned quickly.

rental payments during the notice period must bekept up to date and in advance. As per clause 26 ofthe prescribed terms of your agreement “thetenant must not use the bond money to pay therent for the last weeks of the tenancy.”

Should a Tenancy Agreement be entered into withthe new tenants and the property is not availablefor occupation by the date stipulated by you, underthe Act, the new tenant has the right to claimcompensation from you for the following:

• removal costs

• Accommodation costs

• Storage costs

Your bond will be returned once the finalinspection has been carried out, any items thatneed rectifying are complete e.g. cleaning, damagerepaired, all keys returned, all rent is paid and thelessor has approved the release. At this stage anemail will be sent to the ACT office of rental Bondswho will look after the refund from there.

VACATING

This checklist will help you prepare for your finalinspection. To avoid cleaning charges and possibledeductions from your bond we strongly suggestthat you attend to the following items prior to yourfinal inspection. Whilst we will attempt to allow youaccess to the property if further items need to beattended to we cannot guarantee this will be anoption and as a result your bond refund may bedelayed by a claim.

THE FOLLOWING ITEMS WILL BE CHECKED ATYOUR FINAL INSPECTION:

Inside the property• All damage to the property must be repaired

BEForE check out

• All furniture and furnishings to be replacedaccording to the inventory

• Furniture and upholstery where applicable mustbe left clean and intact

• Stove (particularly behind and down sides),griller, oven and spill bowls must be cleaned

• All of kitchen, inside cupboards, drawers,splashback tiles

• range hood filters to be cleaned and all greasyresidue removed

• Where applicable, fridge, dryers and washingmachines to be cleaned inside, out and behind.Filters to be cleaned where applicable

• Exhaust fan covers to be taken from ceiling andwashed

• Air vents, heating and cooling ducts and filters tobe dusted or wiped over

• All light fitting must be cleaned, remove all dustand remove any dead insects. All bulbs must bein working order

• Carpets must be professionally cleaned a receiptto be produced at inspection

• Any dirty marks, fingerprints and scuff marks tobe removed from doors, walls and skirtings

• All windows, sills, screens and tracks to becleaned including sliding doors. Glass to becleaned inside and out

• Flyscreens and screen doors ensure are cleanand/or brushed to remove dust. Mesh to beintact

• If applicable, venetian blinds must be wiped clean

• All floors and skirtings to be wiped over ormopped. Ensure corners and hard to get placesare not missed

• Particular attention is to be paid to thebathrooms, clean bathroom cabinets inside andout, basins, shower recesses, tracks, tiles, soapdishes and glass to be free of all soap residue,grime and mould. Please wash shower curtain orreplace. Plugs are to be in place

• Toilets, ensure cistern, seat, bowl and aroundthe base are cleaned. Don’t forget the skirtingtiles and behind the toilet

• Laundry, ensure that the trough is clean insideand out. Plug to be present

• Any mould on ceilings needs to be removed bycleaning, particularly in wet areas

• Cupboards/Drawers, please wipe out all shelvesand clean doors inside and out

• Cobwebs to be removed inside and outside ofhome

• Chimneys are to be cleaned where applicableand a receipt produced.

VACATING CHECKLIST


Outside the property• Lawns to be mowed, edges trimmed this is best

done only a couple of days before the finalinspection

• Gardens, flowerbeds and pebble or bark areasto be weed free. remove any rubbish includingcigarette butts

• All rubbish and compost to be removed fromthe premises. Be sure to check sheds, and underhouse or decking

• Driveways, carports and concrete/paved areas, tobe swept clean and free of oil, grease, leaves etc

• Gutters and downpipes are free of debris.

If you have a pet• Property to be treated for pest control for flea

eradication, receipt to be produced

• All pet droppings to be removed from lawns,gardens beds and out of the way areas anddisposed of

• Any evidence of the pet to be removed forexample pet hair, urine on areas such asverandah posts or walls

• Check curtains, fly screens and screen doors forcat/dog claw damage. replace screen wire ifrequired

• Any other damage caused by your pet to berectified

• Ensure that watering systems are free fromdamage and repaired accordingly.

Other items• Please also ensure that you have redirected your

mail to your new address, new tenants areadvised to return to sender any mail theyreceive that is not theirs

• Please ensure that you have contact utilitiescompanies to have services disconnected

• Keys from all occupants are collected andreturned to our office prior to the finalinspection.

VACATING CHECKLIST continued

Under the residential Tenancies Act, Clause 46states ‘The tenant shall be responsible for allcharges associated with the consumption ofservices supplied to the premises, includingelectricity, gas, water and telephone.

Water consumption accounts will be sent to youquarterly and unless you advise us otherwise thepayment will be direct debited with your nextrental payment from the date of the invoice.

The payment of water consumed by you does nothowever mean that you are not responsible for thewatering of lawns and gardens. Clause 64.B) states‘The tenant shall leave the premises in substantiallythe same condition as the premises were in at thecommencement of the tenancy agreement, fairwear and tear excepted.’ If the gardens have beendamaged by lack of water you will be heldresponsible at the end of your tenancy.

WATER USAGE

19

If you are renting a unit, apartment, townhouse orduplex there are extra things you need to be awareof relating to the body corporate.

ParkingYou may only park in bays that are assigned to youand your visitors and in some cases there is novisitor parking provided.

Noise and disturbanceUnder the by-laws of the complex excessive noiseand inappropriate/offensive behaviour is notpermitted and can result in a notice to remedybeing issued.

Taking responsibility for your visitorsIt is your responsibility to ensure that your visitorsobey the by-laws of the body corporate and thattheir behaviour is appropriate. This includes whenthey are walking to and from the car park.

Common propertyCommon areas of the property cannot be used tomaintain your own garden or vegetable patch.

Children are not permitted to play in commonareas such as driveways rubbish bin areas oranywhere that could be dangerous

You may need permission from the ownerscorporation to transport furniture or park a vehiclefor transporting furniture on common property.This will not always be provided.

Unit Titles Regulation 2001 – Schedule 1:Default Articles3. Repairs and maintenance(1) A unit owner must ensure that the unit is in a

state of good repair

(2) A unit owner must carry out any work inrelation to the unit, and do anything else inrelation to the unit, that is required by anyterritory law.

4. Erections and alterations(1) A unit owner may erect or alter any structure in

or on the unit or the common property only—

(a) in accordance with the expresspermission of the owners corporation byunopposed resolution; and

(b) in accordance with the requirements ofany applicable territory law (forexample, a law requiring developmentapproval to be obtained for the erectionor alteration).

(2) Permission may be given subject to conditionsstated in the resolution.

5. Use of common property

A unit owner must not use the common property,or permit it to be used, to interfere unreasonablywith the use and enjoyment of the commonproperty by an owner, occupier or user of anotherunit.

6. Hazardous use of unit

A unit owner must not use the unit, or permit it tobe used, so as to cause a hazard to an owner,occupier or user of another unit.

7. Use of unit—nuisance or annoyance(1) A unit owner must not use the unit, or permit it

to be used, in a way that causes a nuisance orsubstantial annoyance to an owner, occupier oruser of another unit

(2) This article does not apply to a use of a unit ifthe executive committee has given an owner,occupier or user of the unit written permissionfor that use

(3) Permission may be given subject to statedconditions

(4) Permission may be withdrawn by specialresolution of the owners corporation.

BODY CORPORATE


8. Noise(1) A unit owner must not make, or permit to be

made, such a noise within the unit as might (inthe circumstances) be reasonably likely to causesubstantial annoyance to an owner, occupier oruser of another unit

(2) This article does not apply to the making of anoise if the executive committee has given theperson responsible for making the noise writtenpermission to do so

(3) Permission may be given subject to statedconditions

(4) Permission may be withdrawn by specialresolution of the owners corporation.

9. Illegal use of unit

A unit owner must not use the unit, or permit it tobe used, to contravene a law in force in the ACT.

10. What may an executive committeerepresentative do?(1) An executive committee representative may do

any of the following in relation to a unit at allreasonable times:

(a) if the committee has reasonable groundsfor suspecting that there is a breach ofthe Unit Titles Act 2001 or the articles inrelation to a unit—inspect the unit toinves-tigate the breach

(b) carry out any maintenance requiredunder the Act or these articles

(c) do anything else the owners corporationis required to do under the Act or thesearticles.

(2) An executive committee representative mayenter a unit and remain in the unit for as longas is necessary to do something mentioned insubarticle (1).

(3) An executive committee representative is notauthorised to do anything in rela-tion to a unitmentioned in subarticle (1) unless—

(a) the executive committee or therepresentative has given the owner,occupier or user of the unit reasonablenotice of his or her intention to do thething; or

(b) in an emergency, it is essential that it bedone without notice.

BODY CORPORATE continued

page 1 of 2

SCHEME OF TEMPORARY RESTRICTIONS ON THE USE OF WATER FROM ACTEW CORPORATION WATER SUPPLY SYSTEM

This Scheme, approved under the Utilities (Water Conservation) Regulation 2006, applies only to water drawn from ACTEW Corporation Limited’s potable water supply system unless the contrary intention appears. “Potable water” means water within the health and aesthetic values supplied in accordance with the Drinking Water Quality Code of Practice made under the Public Health Act 1997.

When it considers that it is necessary or desirable to do so in order to ensure that, on a medium to longer-term sustainable basis, it is able to meet its obligation under section 84 of the Utilities Act 2000 to supply potable water in accordance with its standard customer contract, ACTEW must:

• after consultation with the Minister and the Environment Protection Authority; and• by reference to the desirability of reducing water usage on an ongoing basis, the source capacity or quality of stored water available to it and/or the level of reduction in current and future

water consumption which it considers necessary,impose water restrictions under a Stage specified in the table below under Regulation 12 of the Utilities (Water Conservation) Regulation 2006.

In deciding the target for reduction in water consumption to be achieved and thus which Stage of temporary restrictions should be in force, ACTEW may have regard to: • dam storage levels;• the time of the year and likely future consumption of water;• daily consumption levels in the immediately preceding period;• daily consumption levels in corresponding periods in previous years;• currently available weather forecasts and other meteorological advice;• the desirability of reducing water usage on an ongoing basis;• the desirability of avoiding excessive reliance on only one of the ACT’s water catchments;• the possibility that, if restrictions do not sufficiently reduce current water consumption, water available for later supply may be of a quality that may cause damage to property; and• any other relevant consideration.

When ACTEW considers that continued operation of a Stage of temporary water restrictions is no longer required, ACTEW must revoke the imposition of that Stage of temporary restrictions but may impose another Stage of temporary restrictions if it considers it necessary or desirable to do so. ACTEW may, whether on application or of its own initiative, grant exemptions or partial exemptions to specified customers, to a specified class of customers, or to all customers, and such exemptions may be expressed to operate for the whole period during which this Scheme is in force or only for a specified period. Where exemptions are granted, ACTEW shall publish notice of that grant in a daily newspaper circulating in the ACT or otherwise directly notify affected customers or members of a class of affected customers.

Where customers can demonstrate serious detriment from application of this Scheme or a Stage of temporary restrictions, application can be made for an exemption or partial exemption. Applications for exemption must be made in writing and submitted to ACTEW, provided that ACTEW may agree to accept particular classes of applications by telephone (for example, where medical reasons limit a person’s capacity to make written application). Exemptions or partial exemptions will only be granted in writing. Applications should include a statement of the reasons why an exemption or partial exemption is sought and set out, in particular, what serious detriment is claimed will be incurred if the application is not granted. Without limiting the grounds on which ACTEW might grant an exemption or partial exemption, applications may be granted where there is a compelling health or public hygiene reason or where compliance with temporary restrictions would be likely to cause disproportionate or unintended financial damage to the applicant.

At any time, the ACT Government retains discretion to declare a State of Emergency under the Emergencies Act 2004 under which supply and/or use of water may be restricted to Emergency Use Only.

Stage 1 Stage 2 Stage 3 Stage 4

Target Annual Reduction Relative to Water Conservation Measures

10% 25% 35% 55%

Restrictions on Use Restrictions on Use Restrictions on Use Restrictions on Use

1. Private gardens andlawns; commercial nurseries, market gardens and turf-growing businesses

Sprinkler and other irrigation systems can be used to water lawns and plants only between 7am and 10am and between 7pm and 10pm on alternate days as per the “odds and evens” system. A hand-held hose fitted with a trigger nozzle, a bucket or a watering can may be used at any time. At all times gardens and lawns may only be watered without causing pooling or runoff.

No sprinkler or other irrigation system, other than a dripper system, may be used. A hand-held hose fitted with a trigger nozzle, a bucket, a watering can or a dripper system may be used to water lawns and plants between 7am and 10am and between 7pm and 10pm on alternate days as per the “odds and evens” system. At all times gardens and lawns may only be watered without causing pooling or runoff.

No sprinkler or other irrigation system may be used. Watering of lawns not permitted. A hand-held hose fitted with a trigger nozzle, a bucket or a watering can may be used to water plants between 7am and 10am and between 7pm and 10pm on alternate days as per the “odds and evens” system. At all times gardens may only be watered without causing pooling or runoff.

External watering of lawns and plants only permitted using non-potable water.

2. Lawns and plants at parks, sports amenities, golf courses and public gardens

The target of a 10% reduction in water use should be met. At all times lawns and plants may only be watered without causing pooling or runoff.



External watering of lawns and plants only permitted using non-potable water.

3. Paved areas Water must not be used to clean paved areas unless necessary as a result of accident, fire, health hazard or other emergency.

Water must not be used to clean paved areas unless necessary as a result of accident, fire, health hazard or other emergency.



4. Private ponds and fountains

Only fountains that recirculate water may be operated and they may be topped up only by using a hand-held hose fitted with a trigger nozzle, a bucket or a watering can. Ponds may only be topped up using a hand-held hose fitted with a trigger nozzle, a bucket or a watering can.

Fountains must be switched off. Ponds may only be topped up using a hand-held hose fitted with a trigger nozzle, a bucket or a watering can.

Fountains must be switched off. Only ponds that support fish may be topped up, and then only using a hand-held hose fitted with a trigger nozzle, a bucket or a watering can.

Fountains must be switched off. Only ponds that support fish may be topped up, and then only using a hand-held hose fitted with a trigger nozzle, a bucket or a watering can.

5. Public ponds andfountains

Existing ponds must not be filled or topped up other than with non-potable water. Only existing fountains that recirculate water may be operated and they may be topped up only with non-potable water. New ponds and fountains may not be filled with any water or used.

Existing ponds must not be filled or topped up other than with non-potable water. Only existing fountains that recirculate water may be operated and they may be topped up only with non-potable water. New ponds and fountains may not be filled with any water or used.

Existing ponds must not be filled or topped up other than with non-potable water. New ponds may not be filled with any water. No fountains may be operated or filled or topped up with any water

Ponds must not be filled or topped up with any water. No fountains may be operated or filled or topped up with any water.

page 2 of 2

Stage 1 Stage 2 Stage 3 Stage 4

Target Annual Reduction Relative to Water Conservation Measures

10% 25% 35% 55%

6. Private swimmingpools

Existing pools must not be either emptied or refilled without written exemption. Any pool not previously filled must not be filled without written exemption. Previously filled pools may be topped up using a hand-held hose.

Pools must not be filled, emptied or refilled without written exemption. Previously filled pools must not be topped up without a written exemption unless:

(a) the pool is covered when not in use; and

(b) topping up is undertaken with a hand-held hose only between 7 am to 10 am or 7 pm to 10 pm on alternate days as per the “odds and evens” system.

Pools must not be emptied, filled or topped up without written exemption.

Pools must not be emptied, filled or topped up without written exemption.

7. Public swimmingpools

Existing pools must not be either emptied or refilled without written exemption but may be topped up. Any pool not previously filled must not be filled without written exemption.

Existing pools must not be either emptied or refilled without written exemption but may be topped up. Any pool not previously filled must not be filled without written exemption.

Pools may not be emptied, filled or topped up without written exemption.

Pools may not be emptied, filled or topped up without written exemption.

8. Water storage tanks, dams, and lakes.

Must not be filled or topped up other than with non-potable water.




9. Vehicles If not washed at a commercial car wash, any vehicle should be washed on a lawn or other porous surface wherever practicable and then may only be washed, not more than once per week, by using:

(i) a bucket or watering can; (ii) a high-pressure low-volume cleaner; or

(iii) a hand-held hose fitted with a trigger nozzle.

No restriction on commercial car wash operations. Boat motors may be flushed or rinsed after use.

If not washed at a commercial car wash, any vehicle should be washed on a lawn or other porous surface wherever practicable and then may only be used, not more than once per month, by using:

(i) a bucket or watering can; (ii) a high-pressure low-volume cleaner; or (iii) a hand-held hose fitted with a trigger nozzle.

Any vehicle may be washed at a commercial car wash only if it recycles water and holds an exemption allowing use of potable water. Boat motors may be flushed or rinsed after use.

No washing of any vehicle except at a commercial car wash that recycles water and holds an exemption allowing use of potable water. Boat motors may be flushed or rinsed after use.

No vehicle washing. Boat motors may be flushed or rinsed after use.

10. Windows andbuildings

Windows and buildings can be washed at any time but only with a bucket and mop, squeegee or brush or with a high-pressure low-volume cleaner. Otherwise, water must not be used unless necessary as a result of accident, fire, health hazard or other emergency. Building Gutters may be cleaned at any time

No washing unless necessary as a result of accident, fire, health hazard or other emergency, provided that building gutters may be cleaned at any time



11. Construction andrelated activities

Water can only be used for dust or other pollutant suppression by means of a hand-held hose fitted with a flow cut-off device, or a vehicle fitted with sprinklers. Unless impractical, water may only otherwise be used by means of a hose fitted with a flow cut-off device. Wherever practicable non-potable water should be used.

Unless impractical, water may only be used by means of a hose fitted with a flow cut-off device. Wherever practicable non-potable water should be used.

Unless impractical, water may only be used by means of a hose fitted with a flow cut-off device. Wherever practicable non-potable water should be used.

Only non-potable water should be used unless otherwise exempted in writing.

Notes: 1. “Commercial Nurseries” and “Market Gardens” include any land primarily used to propagate, grow or display plants of any description for the purpose of the sale or other distribution for profit of those plants or

the produce of them. “Turf growing” means the propagation, growth and harvesting of lawn turf for sale. 2. “Dripper system” means a system that releases water in drips through use of low-pressure drip devices placed on or below the ground in close proximity to the root zones of plants. 3. “High-pressure low-volume cleaner” means a machine which has a pump to increase the pressure and reduce the flow of water delivered from a trigger nozzle.4. “Pooling or runoff” means water that either puddles on, or runs off, the surface of the soil when it is saturated. 5. “Paved Area” means an outside area with a concrete, asphalt, brick, tile, bitumen, timber or similar impervious surface (whether or not it is covered by a roof, pergola or other structure), such as a courtyard,

decking, footpath, driveway or street.6. “Private” means residential, business and non-Government premises.7. “Public” means government places and private places operated for public use. 8. “Sprinkler” and “Irrigation System” means a device or system designed to distribute water, whether by sprinkling, spraying, dripping, weeping or otherwise.9. “Trigger nozzle” means a nozzle, attached to a hand-held hose, which is controlled by (a) a trigger which must be depressed continuously or locked open by hand for water to flow; or (b) a discrete switch or button

which can be turned on or off by hand with a single or limited movement. 10. The “odds and evens” system means that, if a street number ends in an odd number (i.e. 1, 3, 5, 7 or 9), water use on days when the date also ends in an odd number. Similarly, if a street number ends in an even

number (i.e. 0, 2, 4, 6 or 8) then water can only be used for a restricted use on days when the date also ends in an even number or on the 31st day of any month.

page 2 of 2

A A

B

W

W W

“Turf growing” means the propagation, growth and harvesting of lawn turf for sale. 2

5

Similarly, if a street number ends in an evenn


25

Schedule Prescribed Terms



26


The lessor and tenant must comply with theterms of the tenancy agreement1. (1) This tenancy agreement is made under the

residential Tenancies Act 1997(theresidential Tenancies Act)

(2) The lessor and the tenant may agree to addadditional clauses to the tenancy agreementbut they must not be inconsistent with, ormodify, existing clauses (except wherepermitted by the Act)

2. By signing this tenancy agreement, the lessorand tenant agree to be bound by its termsduring the period of the tenancy it creates

3. A party to this tenancy agreement cannotcontract out of it or out of the provisions of theresidential Tenancies Act, except as provided inthat Act

4. A fixed term tenancy must be for the singleperiod specified in the tenancy agreement

5. A periodic tenancy includes a tenancy that isnot specified to be for a fixed term, includingsuch a tenancy which commences on theexpiration of a fixed term tenancy

6. A reference in this tenancy agreement to anotice to vacate and a notice of intention tovacate is taken to be a reference to atermination notice under the residentialTenancies Act.

Costs and procedures for establishing a tenancy agreement7. The lessor bears the cost of preparation and

execution of this tenancy agreement

8. The tenant must be responsible for any legalcosts that the tenant incurs in relation topreparation and execution of this tenancyagreement

9. The lessor must give a copy of the proposedtenancy agreement to the tenant before thecommencement of the tenancy

10. The tenancy agreement must be signed by thetenant and by the lessor (or by their authorisedagents)

11. The lessor must give a copy of the tenancyagreement, signed by each party, to the tenant

as soon as possible after it has been signed byeach party, but no later than 3 weeks after thetenant has returned a signed copy

12. If the lessor does not return the tenancyagreement to the tenant, as provided by clause11, the tenancy agreement has full effect in theterms signed by the tenant on occupation ofthe premises or acceptance of rent.

Information13. (1) The lessor must provide to the tenant a

copy of an information booklet concerningresidential tenancies authorised by thecommissioner of fair trading before thecommencement of this agreement

(2) If it is not possible to provide the tenantwith a booklet, the lessor must inform thetenant of the booklet and where it may beobtained

(3) Where the premises are under the UnitTitles Act 1970. The lessor must provide tothe tenant a copy of the body corporaterules or by laws before the commencementof this agreement.

Bond and Condition Report

Maximum Bond14. Payment of a bond is not necessary unless

required by the lessor

15. only one bond is payable for the tenancycreated by this tenancy agreement

16. The amount of the bond shall not exceed theamount of four weeks rent.

Lodgement of the bond with the Office of RentalBonds.17. If the lessor requires a bond, the bond must be

lodged with the office of rental Bonds

18. Either party may lodge the bond with the officeof rental Bonds.

If the lessor and tenant agree that the tenant is tolodge the bond19. If the parties agree that the tenant is to lodge

the bond, the following applies:

Residential Tenancies ACT 1997Schedule Prescribed Terms

27

a) The tenant must complete and sign the bondlodgement form provided by the office ofrental Bonds and the lessor must do the same

b) The tenant must lodge the bond and bondlodgement form with the office of rental bonds

i) The tenant must lodge the bond whether ornot the lessor signs the bond lodgementform

ii) payment of the bond to the office of rentalBonds shall be in cash, by bank cheque orby other such means permitted by thatoffice; and

c) The lessor may require lodgement of the bondbefore he or she gives possession of thepremises to the tenant and if this is the case,the tenant must be able to take possession ofthe premises as soon as the tenant provides thelessor with evidence of lodgement of the bond(such evidence includes the receipt of theoffice of rental Bonds).

If the lessor is to lodge the bond20. If the lessor is to lodge the bond, the following

applies:

a) on receiving the bond, the lessor must givethe tenant a receipt for the bond

b) The lessor must complete and sign the bondlodgement form and the tenant must do thesame

c) The lessor must complete and sign the bondlodgement form with the office of rentalBonds within 10 days of receiving the bond,or the commencement of the tenancy,which ever date is the later. If the lessor hasa real estate agent, the agent has 30 days tolodge the bond

d) The lessor must lodge the bond whether ornot the tenant completes the bondlodgement form.

Condition Report21. (1) Within one day of the tenant taking

possession of the premises, the lessor mustgive 2 copies of a condition reportcompleted by him or her to the tenant. (2)The condition report must be on, or to the

effect of, the condition report formpublished by the Territory

22. (1) The tenant must examine the report andindicate on the report his or her agreementor disagreement with the items

(2) Within 2 weeks after the day the tenantreceives the report, the tenant must return1 copy of the report to the lessor, signed bythe tenant and indicating the tenant’sagreement or disagreement with the reportor parts of the report

23. The lessor must keep the condition report for aperiod of not less than 1 year after the end ofthe tenancy.

Rent and other chargesrent and bond only as payment for the tenancy

24. The lessor must not require any payment otherthan rent or bond for the following:

a) The granting, extension, transfer or renewal ofa tenancy or subtenancy

b) Vacating of premises

c) obtaining a key to the premises

d) Information on the availability of tenancies.

Holding deposits25. The residential Tenancies Act prohibits the

taking of holding deposits

Payment of rent26. (1) The tenant must pay the rent on time

(2) The tenant must not use the bond money topay the rent for the last weeks of thetenancy

(3) The tenant and the lessor may agree tochange the way rent is paid (including, forexample, where the rent is paid or whetherit is to be paid into a nominated bankaccount or whether it is to be paid inperson)

(4) The tenant and lessor may agree that rent ispaid electronically.

27. The lessor must not require the tenant to payrent by post-dated cheque


Maxi mum rent in advance28. The lessor must not require an amount of rent

paid in advance greater than one calendarmonth.

Rent receipts29. If rent is paid in person to the lessor or a real

estate agent, a receipt must be given at thattime

30. In other circumstances where rent is paid tothe lessor, a receipt must be provided or sentby post within 1 week of its receipt

31. (1) A receipt for payment of rent shall specifythe amount paid

(2) A receipt should specify the following:

a) The date of payment

b) The period in relation to which thepayment is made

c) The premises in relation to which thepayment is made

d) Whether the payment is for bond or rent

(3) If these particulars are not included in thereceipt, the lessor shall provide thisinformation to the tenant within 28 days ofa request by the tenant

32. A receipt is not required if the rent is paid bythe tenant directly into an account nominatedby the lessor or real estate agent.

Rent records33. (1) The lessor must keep, or cause to be kept,

records of the payment of rent

(2) Those records must be retained for a periodof not less than 12 months after the end ofthe tenancy.

Increase in rent34. The amount of rent must not vary from period

to period except as provided by this tenancyagreement and the residential Tenancies Act

35. The rent may not be increased at intervals ofless than 12 months from either the beginningof the tenancy agreement for the first increase,or after that, from the date of the last increase

36. (1) This clause applies if—

a) if the housing commissioner is the lessorunder this tenancy agreement; and b)the commissioner has decided toincrease the rent after a review of rentunder the Housing Assistance ACT 1987,section 23

(2) Despite clause 35 , the housingcommissioner may increase the rent. (3)However, if a previous review of rent hasbeen undertaken, the increase undersubclause (2) must not take effect earlierthan 1 year after the date of the last rentincrease for the premises took effect

37. The restriction on increase in rent shall applyprovided the identity of at least one of thetenants who occupy the premises remains thesame as at the time of the last increase.

Review of excessive rent increases38. The lessor must give the tenant 8 weeks written

notice of intention to increase the rent andinclude in the notice the amount of theincrease, and the date on which it is proposedto increase the rent

39. (1) The tenant may apply in writing to thetribunal for review of an excessive increasein rent (time limits for applying and themeaning of Excessive is set out in theresidential Tenancies Act)

(2) on such application being made, noincrease in rent is payable until so orderedby the tribunal

40. If the tenant remains in occupation of thepremises without applying to the tribunal forreview, the increase in rent takes effect fromthe date specified in the notice

41. If the tenant wishes to vacate the premisesbefore the increase takes effect, he or she mustgive 3 weeks notice to the lessor.

Lessor’s costs42. The lessor is responsible for the cost of the

following:

a) rates and taxes relating to the premises

Residential Tenancies ACT 1997Schedule Prescribed Terms continued

b) services for which the lessor agrees tobe responsible

c) services for which there is not a separatemetering device so that amountsconsumed during the period of thetenancy cannot be accurately decided

d) all services up to the time ofmeasurement or reading at thebeginning of the tenancy

e) all services after reading ormeasurement at the end of the tenancyproviding the tenant has not made anyuse of the service after the reading

43. (1) The lessor must pay for any physicalinstallation of services (e.g. Water,electricity, gas, telephone line)

(2) The tenant is responsible for the connectionof all services that will be supplied in thetenant’s name

44. The lessor must pay the annual supply chargeassociated with the supply of water orsewerage

45. If the premises are a unit under the Units TitlesAct 2001, the lessor is responsible for all ownercorporation charges.

Tenant’s costs46. The tenant is responsible for the connection of

all services associated with the consumption ofservices supplied to the premises, includingelectricity, gas, water and telephone

47. The tenant is not required by the lessor toconnect or continue a telephone service.

Reading of metered services48. (1) The lessor is responsible for undertaking or

arranging all readings or measurement ofservices, other than those which areconnected in the name of the tenant

(2) The lessor must provide the tenant with anopportunity to verify readings andmeasurement

49. If the lessor does not arrange reading ormeasurement of a service connected in thename of the lessor by the day after the date ofexpiry of notice to vacate give in accordance

with this tenancy agreement or the residentialTenancies Act, the lessor is responsible forpayment of the unread or unmeasured serviceafter the date of the last reading ormeasurement

50. (1) If the tenant vacates the premises withoutgiving notice prior to departure, the lessormust arrange a reading or measurement ofservices connected in the lessor’s namewithin a reasonable time of the lessorbecoming aware of the departure of thetenant

(2) The tenant shall be responsible for paymentof services to the date of that reading ormeasurement.

Tenant’s use of the premises without interference51. The lessor guarantees that there is no legal

impediment to the use of the premises forresidential purposes by the tenant

52. The lessor must not cause or permit anyinterference with the reasonable peace,comfort or privacy of the tenant in the use bythe tenant of the premises

53. Unless otherwise agreed in writing, the tenantshall have exclusive possession of the premises,as described in the agreement, from the date ofcommencement of the tenancy agreementprovided for in the agreement.

Lessors to make repairs

Lessor to provide premises in a reasonable state atthe start of the tenancy54. (1) At the start of a tenancy, the lessor must

ensure that the premises, includingfurniture, fittings and appliances (unlessexcluded in writing in the tenancyagreement), are—a) Fit for habitation; andb) reasonably clean; andc) In a reasonable state of repair; andd) reasonably secure.

(2) An exclusion must be in writing and may,but need not, be included in the tenancyagreement (if in writing)

(3) The lessor or the tenant may change locks(at his or her own cost unless otherwise


agreed) with the agreement of the otherparty (which will not be unreasonablywithheld)

(4) The lessor or the tenant may change locks(at his or her own cost) in an emergencywithout the agreement of the other party

(5) If a lock is changed, a copy of the key to thechanged lock must be provided to the otherparty as soon as possible.

Lessor to make repairs55. (1) The lessor must maintain the premises in a

reasonable state of repair having regard totheir condition at the commencement ofthe tenancy agreement

(2) The tenant must notify the lessor of anyneed for repairs

(3) This section does not require the tenant tonotify the lessor about anything that anordinary tenant would reasonably beexpected to do, for example, changing alight globe or a fuse

56. The lessor is not obliged to repair damagecaused by the negligence or wilful act of thetenant

57. Subject to clause 55, the lessor must makerepairs, other than urgent repairs, within 4weeks of being notified of the need for therepairs (unless otherwise agreed).

Repairs in unit title premises58. If the premises are a unit under the Unit Titles

Act 2001, and the tenant’s use and enjoymentof the premises reasonably requires repairs tothe common property, the lessor must take allnecessary steps to require the ownerscorporation to make the repairs as quickly aspossible.

Urgent repairs59. The tenant must notify the lessor (or the

lessor’s nominee) of the need for urgent repairsas soon as practicable, and the lessor must,subject to clause 82, carry out those repairs assoon as necessary, having regard to the natureof the problem

60. The following are urgent repairs in relation tothe premises, or services or fixtures supplied bythe lessor:

a) A burst water service

b) A blocked or broken lavatory systemc) A serious roof leakd) A gas leake) A dangerous electrical faultf) Flooding or serious flood damageg) Serious storm or fire damageh) A failure of gas, electricity or water

supply to the premisesi) The failure of a refrigerator supplied

with the premisesj) A failure or breakdown of any service on

the premises essential for hot water,cooking, heating or laundering

k) A fault or damage that causes theresidential premises to be unsafeor insecure

l) A fault or damage likely to cause injuryto person or property

m) A serious fault in any door, staircase,lift or other common area whichinhibits or unduly inconveniences thetenant in gaining access to and useof the premises.

Tenant may authorise urgent repairs in certaincircumstances61. If the lessor (or the lessor’s nominee) cannot be

contacted, or fails to effect urgent repairswithin a reasonable time, the tenant mayarrange for urgent repairs to be effected to amaximum value of up to 5% of the rent of theproperty over a year

62. The following procedures apply to urgentrepairs arranged by the tenant:

a) The repairs arranged by the tenant mustbe made by the qualified tradespersonnominated by the lessor in the tenancyagreement

b) If the lessor has not nominated atradesperson, or the nominatedtradesperson cannot be contacted or isotherwise unavailable, the repairs mustbe performed by a qualifiedtradesperson of the tenant’s choosing

c) If the repairs are arranged by the tenantin accordance with these procedures,


the lessor is liable for the cost of repairsand the tradesperson may bill the lessordirect

d) If the tenant does not act in strictcompliance with this clause, the tenantis personally liable for the cost of anyurgent repairs arranged by the tenant.

Tenant to look after the premises

The tenant must take reasonable care of thepremises and keep the premises reasonably clean63. During the tenancy, the tenant shall-

a) not intentionally or negligently damagethe premises or permit such damage;and

b) notify the lessor of any damage as soonas possible; and

c) Take reasonable care of the premisesand their contents, and keep themreasonably clean, having regard to theircondition at the time of thecommencement of the tenancy and thenormal incidents of living.

64. The Tenant must leave the premises-

a) In substantially the same state ofcleanliness, removing all his or herbelong-ings and any other goodsbrought onto the premises during theduration of the tenancy agreement; and

b) In substantially the same condition asthe premises were in at thecommencement of the tenancyagreement, fair wear and tear excepted.

65. The lessor must not require the tenant to makealterations, improvements or renovations to thepremises.

Tenant to observe rules of body corporate66. If the premises are unit under the Unit Titles

Act 2001, the tenant must comply with thearticles of the owners corporation, and with anynotice served in accordance with the articles, tothe extent that they are not inconsistent withthe standard residential tenancy terms in thisagreement.

Tenant must make no alterations and shall notadd any fixtures or fittings with out the consentof the lessor67. The tenant must not make any additions or

alterations to the premises without the writtenconsent of the lessor

68. (1) The tenant must not add any fixtures orfittings to the premises without the consentof the lessor

(2) The lessor’s consent must not beunreasonably withheld

(3) The tenant must make good any damage tothe premises on removal of any fixtures andfittings

(4) Any fixtures or fittings not removed by thetenant prior to the tenant leaving thepremises shall become the property of thelessor.

Tenant must not use the premises for illegalpurposes and shall not disturb the neighbours69. Unless otherwise agreed in writing, the tenant

must only use the premises for residentialpurposes

70. The tenant shall not:

a) use the premises, or permit them to beused, for an illegal purpose to thedetriment of the lessor’s interest in thepremises; or

b) cause or permit nuisance; or

c) interfere, or permit interference, withthe quiet enjoyment of the occupiers ofnearby premises

71. The tenant must not leave the premises vacantfor more than 21 days without notifying thelessor.

Tenant must not sell, dispose of, or sublet thetenancy without the consent of the lessor72. (1) The tenant must not assign or sublet the

premises or any part of them without thewritten consent of the lessor

(2) Consent may be given at any time

(3) no rights in respect of the premises may becreated in any third party prior to consentbeing obtained from the lessor.


Tenant may be responsible for damage or otherbreach of the tenancy agreement by visitors orguests73. The tenant is personally responsible for the

actions or omissions of visitors, guests or otherpersons on the premises if:

a) the action or omission would ifperformed by the tenant haveconstituted a breach of this tenancyagreement; and

b) the person is on the premises with thepermission of the tenant

74. The tenant is not personally responsible for theactions or omissions of a person who is on thepremises:

a) at the request of the lessor; or

b) to assist the lessor perform any of theduties of the lessor under this tenancyagreement (whether at the request ofthe lessor or the tenant); or

c) without the consent of the tenant.

Lessor’s access to the premises

Lessor cannot enter the premises except asprovided in this tenancy agreement75. (1) The lessor must not require access to the

premises during the tenancy except as providedby the law, this tenancy agreement, theresidential Tenancies Act, or an order of thetribunal.

(2) The tenant may permit access to thepremises by the lessor at any time

(3) If requested, the lessor or the lessor’s agentmust provide identification to the tenant.

76. The lessor must not have access to thepremises-

a) on Sundays; or

b) on public holidays; or

c) before 8 am and after 6 pm;

other than-

d) for the purpose of carrying out urgentrepairs or for health or safety reasons inrelation to the premises; or

e) with the consent of the tenant.

Access in accordance with the tenancy agreement

Routine Inspections77. The lessor may inspect the premises twice in

each period of 12 months following thecommencement of the tenancy.

78. In addition to the inspections provided for inthe previous clause, the lessor may make aninspection of the premises-

a) within 1 month of the commencementof the tenancy; and

b) in the last month of the tenancy.

79. (1) The lessor must give the tenant 7 dayswritten notice of an inspection

(2) The inspection must take place at a timeagreed between the parties with reasonableregard to the work and other commitmentsboth of the tenant and of the lessor (ortheir agents)

(3) If the parties are unable to agree on anappropriate time, the lessor or the tenantmay apply to the tribunal for an orderpermitting access at specified time.

Access for purchasers and new tenants80. The tenant must permit reasonable access to

the premises during the period of 21 dayspreceding the end of the tenancy, on the lessorgiving 24 hours notice, in order to allowinspection of the premises by prospectivetenants

81. The tenant must permit reasonable access tothe premises, on the lessor giving 24 hoursnotice, in order to allow inspection of thepremises by prospective purchasers of thepremises provided:

a) the lessor intends to sell the premises;and

b) the lessor has previously notified thetenant in writing of his or her intentionto sell.

Access for making or inspecting repairs82. (1) on giving the tenant 1 week notice (or such

other agreed period), the lessor may enterthe premises at a reasonable time, having


regard to the interests of the tenant and thelessor, for the purpose of making orinspecting repairs

(2) In the case of urgent repairs the lessor mustgive reasonable notice and enter thepremises at a reasonable time having regardto the interests of the tenant and the lessor.

Notice to vacate by the lessor83. The notice to vacate must be in writing, in the

form required by the residential Tenancies Act,and must include the following information:

a) the address of the premises

b) the ground (s) on which the notice isissued, together with sufficientparticulars to identify the circumstancesgiving rise to the ground (s)

c) that the lessor requires the tenant tovacate the premises by the expiry of therequired notice period and that thetenancy shall end on the day the tenantvacates the premises.

Notice of intention to vacate by the tenant84. (1) If the tenant serves a notice of intention to

vacate and vacates the premises inaccordance with the notice, the tenancyterminates on the date of vacating thepremises.

(2) on receiving a notice of intention to vacate,the lessor may –

a) accept the notice and accept that thetenancy must end on the datenominated in the notice; or

b) apply to the tribunal for confirmation ofthe tenancy agreement, an order forcompensation or both.

85. The notice of intention to vacate must be in thesame form and contain the same information asthe notice to vacate from the lessor except thenotice shall contain the statement that thetenant intends to vacate the premises on acertain date and the tenancy terminates on thatdate.

Termination where the premises are not fit forhabitation86. The lessor or the tenant may, by written notice,

terminate the tenancy on a date specified inthe notice on the following grounds:

a) the premises are not fit for habitationb) the premises are not available or will not

be available due to Government actionwithin a period of 4 weeks of the datethat notice is given.

87. (1) In either case the lessor must give not lessthat 1 week’s notice of termination of thetenancy, and the rent abates from the datethat the premises are uninhabitable

(2) The tenant may give 2 days notice oftermination of the tenancy

(3) If neither the lessor or the tenant givenotice of termination of the tenancy, therent abates for the period that the premisesare unable to be used for habitation, but thetenancy shall resume when they are able tobe used again.

Termination of the tenancy by the tenant

Termination on or after the end of the fixed term88. (1) The tenant may give notice to terminate a

periodic tenancy by giving the lessor notless that 3 week’s notice of the date onwhich he or she intends to vacate thepremises

(2) The tenancy ends on the date specified bythe tenant.

89. (1) The tenant may give notice to terminate afixed term tenancy at or after the end of thetenancy by giving 3 weeks notice of the datewhen the tenant intends to vacate thepremises

(2) The tenancy ends on the date specified bythe tenant.

Termination for breach by the lessor90. If the lessor breaches the tenancy agreement,

and the tenant wishes to terminate the tenancyagreement, the tenant may either-

a) apply to the tribunal for an orderterminating the tenancy; or


b) give the lessor written notice ofintention to terminate the tenancy inaccordance with clause 91.

91. If the tenant decides to proceed by way ofnotice to the lessor, the following proceduresapply:

a) the tenant must give the lessor a writtennotice that the lessor has 14 days toremedy the breach if the breach iscapable of remedy

b) if the lessor remedies the breach withinthat 14 day period- the tenancycontinues

c) if the lessor does not remedy the breachwithin the time specified in the notice,or if the breach is not capable ofremedy-the tenant must give 2 weeksnotice of intention to vacate

d) the tenancy agreement terminates onthe date specified by the tenant;

e) rent is payable to the date specified inthe notice or to the date that the tenantvacated the premises, whichever is thelater

f) if the lessor remedies in the breachduring the period of the notice ofintention to vacate, the tenant, at thetenant’s option, may withdraw the noticeor may terminate the tenancy agreementon the date specified in the notice byvacating the premises on that date.

Termination of the tenancy by the lessorTermination for failure to pay rent92. The tribunal may order the termination of the

tenancy and eviction of the tenant on theground of non-payment of rent in the followingcircumstances:

a) rent has been unpaid for 1 week. The firstday of this period concludes at midnight onthe day on which the unpaid rent was due;

b) the lessor has served a notice to remedy onthe tenant for the failure to pay the rent,being a notice-

(i) served not earlier than 1 week after theday on which the rent was due; and

(ii) containing a statement that if the tenantpays the rent outstanding to the date ofpayment within 7 days of the date ofservice of the notice to remedy, nofurther action shall be taken and thetenancy continues;

c) if all rent is not paid within 1 week of thedate of service of the notice to remedy-thelessor may then serve a notice to vacate onthe tenant requiring the tenant to vacatethe premises within 2 weeks of service ofthe notice to vacate

d) no earlier than the date on which the noticeto vacate is served, the lessor may apply tothe tribunal for an order terminating thetenancy and evicting the tenant

e) the tribunal hearing of the application toterminate and evict must not be earlier thanthe end of the period specified in the noticeto vacate

f) during any tenancy in which the lessor haspreviously issued 2 notices to remedy, thelessor may serve a notice to vacate 1 weekafter the day on which the rent has fallendue without serving a notice to remedy.

Termination of tenancy for breach other thannon-payment of rent93. The tribunal may order the termination of the

tenancy and eviction of the tenant on theground of breach of the tenancy agreement inthe following circumstances:

a) the lessor must serve a notice in writingrequiring the tenant within 2 weeks afterthe day of service to remedy the breach if itis capable of remedy

b) if the breach is not remedied within 2 weeksafter the day of service or if the breach isnot capable of remedy-the lessor must givea notice to vacate the premises within 2weeks after the date of service of the noticeto vacate


c) if the tenant does not vacate the premiseswithin the period of 2 weeks after the dateof service of a notice to vacate-the lessormay apply to the tribunal for an orderterminating the tenancy and for the evictionof the tenant

d) if the tenant breaches the terms of thetenancy on 3 occasions on any ground-onthe third occasion the lessor may serve anotice to vacate and need not give thetenant 2 weeks to remedy the breach.

Termination of tenancy without cause94. The lessor may serve a notice to vacate during

the term of a tenancy requiring the tenant tovacate the premises at the expiration of thenotice provided that-

a) the notice is for 26 weeks; and

b) the notice does not require the tenantto vacate the premises during a fixedterm.

95. (1) If a tenant is required to vacate thepremises in accordance with clause 94, thetenant may vacate the premises at any timeduring the 2 weeks before the datespecified in the notice to vacate providedthe tenant gives 4 days notice of intentionto vacate

(2) In this case, the tenancy terminates on thedate that the tenant vacates the premises.

Termination of periodic tenancy96. (1) If there is a periodic tenancy, the lessor may

serve on the tenant a notice to vacate forthe following periods on the followinggrounds:

a) 4 weeks notice if the lessor genuinelyintends to live in the premises

b) 4 weeks notice if the lessor genuinelybelieves the lessor’s immediate relativeintends to live in the premises

c) 4 weeks notice if the lessor genuinelybelieves an interested person intends tolive in the premises

d) 8 weeks notice if the lessor genuinelyintends to sell the premises

e) 12 weeks notice if the lessor genuinelyintends to reconstruct, renovate or makemajor repairs to the premises and thereconstruction, renovation or repairscannot reasonably be carried out withthe tenant living in the premises.

(2) In this clause-

immediate relative means a son, daughter,son-in law, daughter-in-law, mother, father,mother-in-law, father-in-law, brother, sister,brother-in-law or sister-in-law

Interested person, for a lessor, means aperson who is not an immediate relative ofthe lessor but who has a close family orpersonal relationship with the lessor andwho has a reasonable expectation arisingfrom that relationship that the lessor wouldprovide accommodation for that person

97. (1) If a tenant is required to vacate thepremises in accordance with clause 96, thetenant may vacate the premises at any timeduring the 2 weeks prior to the datespecified in the notice to vacate provided heor she gives the lessor 4 days notice ofintention to vacate

(2) In this case, the tenancy terminates on thedate that the tenant vacates the premises.

Notices of address for service98. (1) At the commencement of the tenancy, the

lessor and the tenant must give an addressfor service of notices

(2) If such address changes during the tenancy,the lessor or tenant must advise the otherparty of the new address for service within2 weeks of the change.

99. on vacating the premises, the tenant mustadvise the lessor of a forwarding address

100. If 2 or more people share a tenancy, exceptwhere this agreement otherwise provides, theydo so as joint tenants.

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