Residential Tenancies and Rooming Accommodation Regulation 2009

1Short title

This regulation may be cited as the Residential Tenancies and Rooming Accommodation Regulation 2009.

2Commencement

This regulation commences on 1 July 2009.

3Dictionary

The dictionary in schedule 7 defines particular terms used in this regulation.

pt 2 hdg amd 2014 SL No. 342 s 3

4Application of pt 2

This part does not apply to—

(a)a residential tenancy agreement for moveable dwelling premises under which the State or a State authority is the lessor; or

(b)a residential tenancy agreement that is not in writing; or

(c)a rooming accommodation agreement that is not in writing.

5Purpose of div 2

The purpose of this division is to prescribe, for section 55 of the Act, standard terms for inclusion in a residential tenancy agreement to which this part applies.

6General tenancy agreements

(1)Schedule 1, part 2 states the standard terms for a residential tenancy agreement to which this part applies, other than a residential tenancy agreement—

(a)for moveable dwelling premises; or

(b)that is a State tenancy agreement.

(2)A residential tenancy agreement to which the standard terms in schedule 1, part 2 apply is a general tenancy agreement.

(3)Schedule 1, part 1 states the information (the tenancy information) about a residential tenancy that must be included in a general tenancy agreement, other than a detail identified in the part as optional.

7Moveable dwelling tenancy agreements

(1)Schedule 2, part 2 states the standard terms for a residential tenancy agreement for a long tenancy (moveable dwelling) to which this part applies.

(2)A residential tenancy agreement to which the standard terms in schedule 2, part 2 apply is a moveable dwelling tenancy agreement.

(3)Schedule 2, part 1 states the information (also the tenancy information) about a residential tenancy that must be included in a moveable dwelling tenancy agreement, other than a detail identified in the part as optional.

8State tenancy agreements

(1)Schedule 3, part 2 states the standard terms for a residential tenancy agreement under which—

(a)the lessor is chief executive of the department in which the Housing Act 2003 is administered, acting on behalf of the State; or

(b)the lessor is the State and the tenant is an officer or employee of the State.

(2)A residential tenancy agreement to which the standard terms in schedule 3, part 2 apply is a State tenancy agreement.

(3)Schedule 3, part 1 states the information (also the tenancy information) about a residential tenancy that must be included in a State tenancy agreement, other than a detail identified in the part as optional.

pt 2 div 2A hdg ins 2014 SL No. 342 s 4

8APurpose of div 2A

The purpose of this division is to prescribe, for section 527C of the Act, replacement terms for inclusion in a community housing provider tenancy agreement.

s 8A ins 2014 SL No. 342 s 4

8BCommunity housing provider tenancy agreements

(1)Schedule 3A, part 2 states the replacement terms for a community housing provider tenancy agreement.

(2)Schedule 3A, part 1 states the information (also the tenancy information) for the replacement terms about a residential tenancy that must be included in a community housing provider tenancy agreement.

(3)The tenancy information of the community housing provider tenancy agreement is taken to include—

(a)the following details, if a notice given under section 527C(5) of the Act includes those details—

(i)the lessor as item 1 of the tenancy information;

(ii)the lessor’s agent as item 3 of the tenancy information;

(iii)the rent amount as item 7 of the tenancy information;

(iv)the day of payment of rent as item 8 of the tenancy information;

(v)the method of payment of rent as item 9 of the tenancy information;

(vi)the place of payment of rent as item 10 of the tenancy information;

(vii)the payment of services for the premises as item 12 of the tenancy information;

(viii)how the services are to be paid as item 14 of the tenancy information; and

(b)the details of the tenancy information for a former agreement, other than tenancy information mentioned in paragraph (a).

(4)In this section—

item, in relation to tenancy information, means a numbered item in schedule 3A, part 1.

former agreement, in relation to a community housing provider tenancy agreement, means the existing State tenancy agreement that is terminated under section 527C(2) of the Act and replaced by the community housing provider tenancy agreement.

s 8B ins 2014 SL No. 342 s 4

9Purpose of div 3

The purpose of this division is to prescribe, for section 73 of the Act, standard terms for inclusion in a rooming accommodation agreement.

10Rooming accommodation agreements

(1)Schedule 4, part 2 states the standard terms for a rooming accommodation agreement to which this part applies.

(2)Schedule 4, part 1 states the information (the rooming accommodation information) about rooming accommodation that must be included in a rooming accommodation agreement, other than a detail identified in the part as optional.

11Order and numbering of provisions

(1)A document purporting to be a residential tenancy agreement or rooming accommodation agreement is taken not to include the standard terms or replacement terms if—

(a)the order in which the standard terms or replacement terms appear in the document is different from the order of the terms as they appear in the relevant schedule for the agreement; or

(b)the way the standard terms or replacement terms are numbered is different from the way the terms are numbered in the relevant schedule for the agreement; or

(c)the tenancy information or rooming accommodation information for the agreement is not properly included in the document as part 1 of the agreement.

(2)However, a subclause in a residential tenancy agreement or rooming accommodation agreement may be numbered using a decimal numbering system instead of a numeric numbering system.

Example—

Subclauses 2(1) to (5) of the standard terms of a general tenancy agreement may be numbered as subclauses 2.1 to 2.5.

(3)If a subclause in a residential tenancy agreement or rooming accommodation agreement is numbered using a decimal numbering system, all consequential numbering changes must be made.

Example—

If a moveable dwelling tenancy agreement is numbered using a decimal numbering system, the reference in clause 29.3 of the standard terms of that agreement to ‘subclause (2)(a) and (b)’ must be changed to ‘subclause 29.2(a) and (b)’.

(4)In this section—

relevant schedule means—

(a)for a general tenancy agreement—schedule 1, part 2; or

(b)for a moveable dwelling tenancy agreement—schedule 2, part 2; or

(c)for a State tenancy agreement—schedule 3, part 2; or

(d)for a community housing provider tenancy agreement—schedule 3A, part 2; or

(e)for a rooming accommodation agreement—schedule 4, part 2.

s 11 amd 2014 SL No. 342 s 5

12Prescribed house rules—Act, s 267(1)

For section 267(1) of the Act, schedule 5 states the house rules prescribed for rental premises.

pt 4 hdg amd 2016 SL No. 53 s 4

13Purpose of pt 4

The purpose of this part is to prescribe, for section 459(1)(c) of the Act, the reasons for which personal information about a person (the relevant tenant), who was a person named as a tenant in a residential tenancy agreement (the relevant agreement) that has ended, may be listed on a tenancy database.

s 13 amd 2016 SL No. 53 s 5

14Amount owing for particular approved reasons

(1)This section applies to an approved reason stated in division 2 if the reason relates to an amount owed by the relevant tenant.

(2)The approved reason applies only if the amount owed by the relevant tenant is more than the sum of—

(a)the minimum prescribed amount; and

(b)the amount stated for a tenancy guarantee, if any, applying to the relevant agreement.

(3)In this section—

minimum prescribed amount means—

(a)if the relevant tenant has paid the rental bond amount for the relevant agreement—the amount of the rental bond paid by the relevant tenant; or

(b)otherwise—the amount of 1 week of rent under the relevant agreement.

Note—

See section 180 of the Act for information about tenancy guarantees.

s 14 sub 2016 SL No. 53 s 6

15Unpaid rent

A reason for listing personal information about the relevant tenant on a tenancy database is—

(a)the lessor under the relevant agreement gave the relevant tenant, under section 280 of the Act, a notice requiring the relevant tenant to remedy a breach of the relevant agreement relating to unpaid rent; and

(b)the relevant tenant failed to comply with the notice within the allowed remedy period; and

(c)the relevant tenant owes all or some of the amount to the lessor.

s 15 amd 2016 SL No. 53 s 7

16Amount owing under a conciliation agreement or tribunal order

A reason for listing personal information about the relevant tenant on a tenancy database is—

(a)the relevant tenant owes an amount to the lessor under the relevant agreement, arising from the relevant agreement, that the relevant tenant—

(i)agreed to pay under a conciliation agreement; or

(ii)was ordered to pay by a tribunal; and

(b)the time for paying the amount, under the conciliation agreement or tribunal order, has passed.

s 16 amd 2016 SL No. 53 s 8

17Amount owing after abandonment

(1)A reason for listing personal information about the relevant tenant on a tenancy database is—

(a)the relevant tenant abandoned the premises that were occupied under the relevant agreement; and

(b)the relevant tenant owes an amount, under the relevant agreement, to the lessor under the relevant agreement.

(2)However, subsection (1) does not apply if the relevant tenant has made an application to a tribunal under section 356 of the Act that has not been finally dealt with.

s 17 amd 2016 SL No. 53 s 9

18Objectionable behaviour

A reason for listing personal information about the relevant tenant on a tenancy database is that, on an application by the lessor under the relevant agreement, a tribunal has made a termination order for the relevant agreement under section 345 of the Act.

s 18 amd 2016 SL No. 53 s 10

19Repeated breaches

A reason for listing personal information about the relevant tenant on a tenancy database is that, on an application by the lessor under the relevant agreement, a tribunal has made a termination order for the relevant agreement under section 347 of the Act.

s 19 amd 2016 SL No. 53 s 11

19APrescribed minimum housing standards—Act, s 17A

(1)For section 17A of the Act, the standards stated in schedule 5A are the prescribed minimum housing standards for the following premises—

(a)residential premises let, or to be let, under a residential tenancy agreement;

(b)premises in which rooming accommodation is, or is to be, provided.

(2)From 1 September 2023, the prescribed minimum housing standards apply to premises if a residential tenancy agreement, or rooming accommodation agreement, for the premises starts on or after that date.

(3)From 1 September 2024, the prescribed minimum housing standards apply to all premises to which the standards do not already apply under subsection (2).

s 19A ins 2021 Act No. 19 s 98

20Payment under person’s direction—Act, s 141(2)

For section 141(2) of the Act, a person is taken to have contributed to a rental bond if, after making reasonable enquires, the authority is satisfied the person contributed to the rental bond.

22Prescribed water efficiency requirements—Act, s 166(11)

(1)For section 166(11) of the Act, the following water efficiency requirements are prescribed—

(a)for toilets—a dual flush toilet with—

(i)a maximum water volume of 6.5L for a full flush and 3.5L for a half flush; and

(ii)an average flush volume of not more than 4L;

(b)for shower heads—a maximum flow rate of 9L a minute;

(c)for internal cold water taps installed over a hand basin, kitchen sink or laundry trough—a maximum flow rate of 9L a minute.

(2)For subsection (1)(a)(ii), the average flush volume of a dual flush toilet is the volume worked out using the following formula—

      where—

AV means the average flush volume.

FF means the volume of water used for a full flush.

HF means the volume of water used for a half flush.

Example—

A toilet using 6L for a full flush and 3L for a half flush would have an average flush volume of 3.6L.

(3)In this section—

maximum flow rate, for a shower head or tap, means the maximum volume of water that can flow through the shower head or tap as installed.

maximum water volume, for a full or half flush of a dual flush toilet, means the maximum volume of water used for each full or half flush.

s 22 amd 2024 SL No. 160 s 5

23Proceedings in which lessor’s agent may stand in lessor’s place—Act, s 206(1)(b)

For section 206(1)(b) of the Act, any application a lessor or tenant may make to a tribunal is a prescribed proceeding.

24Proceedings in which provider’s agent may stand in provider’s place—Act, s 248(1)(b)

For section 248(1)(b) of the Act, any application a provider or resident may make to a tribunal is a prescribed proceeding.

25Prescribed period for repeated breaches—Act, ss 299(1)(e), 315(1)(e), 376(1)(e) and 382(1)(e)

For sections 299(1)(e), 315(1)(e), 376(1)(e) and 382(1)(e) of the Act, the period prescribed is 12 months.

25ASupporting evidence—Act, ss 308B and 381B

(1)For sections 308B(1)(b) and 381B(1)(b) of the Act, the following evidence is prescribed—

(a)any of the following orders or notices under the Domestic and Family Violence Protection Act 2012—

(i)a protection order;

(ii)a temporary protection order;

(iii)a police protection notice;

(iv)an interstate order;

(b)an injunction under the Family Law Act 1975 (Cwlth), section 68B(1)(a) or (b) or 114(1)(a);

(c)a report, in the approved form, about domestic violence signed by any of the following entities—

(i)a health practitioner;

(ii)a person who is eligible for membership of the Australian Association of Social Workers;

(iii)a refuge or crisis worker;

(iv)a domestic and family violence support worker or case manager;

(v)an Aboriginal and Torres Strait Islander medical service;

(vi)a solicitor.

(2)In this section—

health practitioner means a person registered under the Health Practitioner Regulation National Law to practise, other than as a student, in any of the following health professions under that law—

(a)Aboriginal and Torres Strait Islander health practice;

(b)medical;

(c)midwifery;

(d)nursing;

(e)occupational therapy;

(f)psychology.

s 25A ins 2021 Act No. 19 s 99

26Prescribed value for goods left on premises—Act, s 363(2)(a)

For section 363(2)(a) of the Act, the amount prescribed is $1,500.

27Prescribed value for lost property left on premises—Act, s 393(2)(b) and (6)

(1)For section 393(2)(b) of the Act, the amount prescribed is $150.

(2)For section 393(6) of the Act, the amount prescribed is $600.

s 27 amd 2024 SL No. 160 s 6

28Storage period for goods left on premises—Act, s 363(3)

For section 363(3) of the Act, the period prescribed is—

(a)for a caravan, its contents and other goods used in occupying the caravan—3 months; or

(b)for other goods—1 month.

29Procedures for selling goods by auction—Act, s 363

(1)This section prescribes procedures under section 363(5) of the Act for a person selling goods by auction under section 363(4)(a) of the Act.

(2)The person must make reasonable efforts to contact the person entitled to the goods (the owner) to give the owner notice of the auction.

(3)For subsection (2), reasonable efforts include the following—

(a)attempting to contact the owner by telephone, including text message, email or private message on a social media platform;

(b)attempting to contact an emergency contact listed on the owner’s residential tenancy agreement;

(c)publishing a notice in an online newspaper for the city or State in which the owner is or was residing.

(4)If, after making reasonable efforts to contact the owner under this section, the person is unable to contact the owner or the owner does not make a claim to possession of the goods, the person may sell the goods by auction.

s 29 sub 2024 Act No. 27 s 123 sch 1

30When a person is related to a director—Act, s 478(1)(a)

For section 478(1)(a) of the Act, a person is related to a director if any of the following applies—

(a)the person is, or has been, the director’s spouse;

(b)the person is the director’s child and is entirely or substantially dependent on the director;

(c)the person is entirely or substantially dependent on the director and the person’s affairs are so closely connected with the affairs of the director that a benefit derived by the person, or a substantial part of it, could pass to the director;

(d)the director is entirely or substantially dependent on the person and the director’s affairs are so closely connected with the affairs of the person that a benefit derived by the director, or a substantial part of it, could pass to the person.

31When a director is related to a person—Act, s 478(3)

For section 478(3) of the Act, a director is related to a person if any of the following applies—

(a)the director is, or has been, the person’s spouse;

(b)the person is the director’s child and is entirely or substantially dependent on the director;

(c)the person is entirely or substantially dependent on the director and the person’s affairs are so closely connected with the affairs of the director that a benefit derived by the person, or a substantial part of it, could pass to the director;

(d)the director is entirely or substantially dependent on the person and the director’s affairs are so closely connected with the affairs of the person that a benefit derived by the director, or a substantial part of it, could pass to the person.

32When a person is related to an employee—Act, s 518(1)(a)

For section 518(1)(a) of the Act, a person is related to an employee if any of the following applies—

(a)the person is, or has been, the employee’s spouse;

(b)the person is the employee’s child and is entirely or substantially dependent on the employee;

(c)the person is entirely or substantially dependent on the employee and the person’s affairs are so closely connected with the affairs of the employee that a benefit derived by the person, or a substantial part of it, could pass to the employee.

33Prescribed days for certain provisions—Act, ss 544(2), 547(1) and 548(2)

(1)For section 544(2) of the Act, the day prescribed is 1 July 2010.

(2)For section 547(1) of the Act, the day prescribed is 1 July 2010.

(3)For section 548(2) of the Act, the day prescribed is 1 January 2010.

34Fees

The fees payable under the Act are in schedule 6.

pt 6 hdg ins 2014 SL No. 342 s 6

35Statements, documents, agreements and keys under existing State tenancy agreements

(1)This section applies if—

(a)in relation to an existing State tenancy agreement—

(i)the State has given a statement or document to a tenant; or

(ii)the State has entered into an agreement with a tenant, other than a repayment agreement; or

(iii)the State has supplied locks and keys for the premises to a tenant; and

Examples for paragraph (a)—

an agreement about fixtures under clause 25 of an existing State tenancy agreement

a copy of a body corporate by-laws under the Body Corporate and Community Management Act 1997 given for a townhouse under clause 20 of an existing State tenancy agreement

(b)the replacement lessor for the existing State tenancy agreement has given a notice to the State under section 527C of the Act.

(2)The statement, document or agreement is taken to be a statement, document or agreement for the purposes of the community housing provider tenancy agreement.

(3)The replacement lessor is taken to have supplied locks and keys for the premises to the tenant.

(4)In this section—

repayment agreement, in relation to an existing State tenancy agreement, means a written agreement entered into by the tenant and the State under the existing State tenancy agreement as a result of noncompliance with a housing assistance agreement.

s 35 ins 2014 SL No. 342 s 6

36Entry condition reports under existing State tenancy agreements

(1)This section applies if—

(a)there is an entry condition report for an existing State tenancy agreement; and

(b)the replacement lessor for the existing State tenancy agreement has given a notice to the State under section 527C of the Act.

(2)The entry condition report is taken to be the entry condition report for the community housing provider tenancy agreement and binds the parties to that agreement.

s 36 ins 2014 SL No. 342 s 6

37No requirement for exit condition reports or supply of keys under existing State tenancy agreements

(1)This section applies if a replacement lessor for an existing State tenancy agreement has given a notice to the State under section 527C of the Act.

(2)Despite the termination of the existing State tenancy agreement—

(a)the tenant is not required to return to the lessor all keys under clause 36 of the existing State tenancy agreement; and

(b)the tenant is not required to prepare an exit condition report for the premises under clause 38 of the existing State tenancy agreement.

s 37 ins 2014 SL No. 342 s 6

38Rent paid in advance under existing State tenancy agreements

(1)This section applies if, in relation to an existing State tenancy agreement—

(a)the replacement lessor has given a notice to the State under section 527C of the Act; and

(b)the tenant has paid the State an amount for rent in advance that relates to a period after the date stated in the notice.

(2)The rent relating to the period after the date stated in the notice must be paid by the State to the replacement lessor.

(3)The amount paid by the State to the replacement lessor is taken to be a payment of rent in advance by the tenant under the community housing provider tenancy agreement.

s 38 ins 2014 SL No. 342 s 6

section 6

1Lessor

1.1Lessor’s name and address for service.

1.2Any other contact details for the lessor.

Note—

Item 1.2 is optional.

2Tenant

2.1Tenant’s name.

2.2Any address for service or other contact details for the tenant.

Note—

Item 2.2 is optional. See clause 44.

3Lessor’s agent

3.1If the lessor has an agent, the agent’s name and address for service.

3.2Any other contact details for the agent.

Note—

Item 3.2 is optional.

4Service of notices by email or facsimile

4.1Whether a notice may be given to the lessor by email or facsimile.

4.2Whether a notice may be given to the tenant by email or facsimile.

4.3Whether a notice may be given to the lessor’s agent by email or facsimile.

5Premises

5.1The address of the premises.

5.2Any inclusions for the premises.

Examples of inclusions—

furniture or other household goods let with the premises

5.3Details of any repair orders applying to the premises or inclusions for the premises.

6Term of agreement

6.1Whether the agreement is a fixed term agreement or periodic agreement.

6.2The day the agreement starts.

6.3If the agreement is a fixed term agreement, the day the agreement finishes.

7Rent—amount

The rent amount and whether it must be paid weekly, fortnightly or monthly.

Note—

See clause 8(1).

8Rent—day of payment

The day of each week, fortnight or month on which the rent must be paid.

Note—

See clause 8(2).

9Rent—methods of payment

The ways for the tenant to pay the rent.

10Rent—place of payment

Where the rent must be paid.

Note—

Item 10 is optional. See clause 8(5) to (7).

10ARent—day of last increase

The day the rent was last increased for the premises.

11Rental bond

The amount of any rental bond.

Note—

See clause 13.

12Services

12.1Any services supplied to the premises, other than water, for which the tenant must pay.

Examples of services—

electricity and gas

Note—

See clause 16.

12.2Whether the tenant must pay for water supplied to the premises.

Note—

See clause 17.

13Apportionment of charges

For each service listed for item 12.1, other than a service for which the premises are individually metered, the apportionment of the cost of the service that the tenant must pay.

Example of how an apportionment might be worked out—

the tenant must pay a percentage of the total charge

Note—

See clause 16(c).

14How services must be paid for

For each service listed for item 12.1, how the tenant must pay for the service.

Note—

See clause 16(d).

15Number of occupants

The number of persons allowed to reside at the premises.

Note—

See clause 23.

16Body corporate by-laws

16.1Whether body corporate by-laws apply to the tenant’s occupation of the premises.

16.2Whether the tenant has been given a copy of the relevant by-laws.

Note—

See clause 22.

17Pets

The type and number of pets approved by the lessor to be kept at the premises.

Note—

See clauses 33A to 33D.

18Nominated repairers

18.1The name and telephone number of the lessor’s nominated repairer for each of the following repairs—

(a)electrical repairs;

(b)plumbing repairs;

(c)other repairs.

18.2Whether or not the nominated repairer is the tenant’s first point of contact for notifying of the need for emergency repairs.

Note—

This item does not apply if clause 31 does not apply (see clause 31(4)).

1Interpretation

In this agreement—

(a)a reference to the premises includes a reference to any inclusions for the premises stated in this agreement for item 5.2; and

(b)a reference to a numbered section is a reference to the section in the Act with that number; and

(c)a reference to a numbered item is a reference to the item with that number in part 1; and

(d)a reference to a numbered clause is a reference to the clause of this agreement with that number.

2Terms of a general tenancy agreement

(1)This part states, under the Residential Tenancies and Rooming Accommodation Act 2008 (the Act), section 55, the standard terms of a general tenancy agreement.

(2)The Act also imposes duties on, and gives entitlements to, the lessor and tenant that are taken to be included as terms of this agreement.

(3)The lessor and tenant may agree on other terms of this agreement (special terms).

(4)A duty or entitlement under the Act overrides a standard term or special term if the term is inconsistent with the duty or entitlement.

(5)A standard term overrides a special term if they are inconsistent.

Note—

Some breaches of this agreement may also be an offence under the Act, for example, if—

•the lessor or the lessor’s agent enters the premises in contravention of the rules of entry under sections 192 to 199; or

•the tenant does not sign and return the condition report to the lessor or the lessor’s agent under section 65.

3More than 1 lessor or tenant

(1)This clause applies if more than 1 person is named in this agreement for item 1 or 2.

(2)Each lessor named in this agreement for item 1 must perform all of the lessor’s obligations under this agreement.

(3)Each tenant named in this agreement for item 2—

(a)holds their interest in the tenancy as a tenant in common unless a special term states the tenants are joint tenants; and

(b)must perform all the tenant’s obligations under this agreement.

4Start of tenancy

(1)The tenancy starts on the day stated in this agreement for item 6.2.

(2)However, if no day is stated or if the stated day is before the signing of this agreement, the tenancy starts when the tenant is or was given a right to occupy the premises.

5Entry condition report—s 65

(1)The lessor must prepare, in the approved form, sign and give the tenant 1 copy of a condition report for the premises.

(2)The copy must be given to the tenant on or before the day the tenant occupies the premises under this agreement.

(3)The tenant must mark the copy of the report to show any parts the tenant disagrees with, and sign and return the copy to the lessor not later than 7 days after the later of the following days—

(a)the day the tenant occupies the premises;

(b)the day the tenant is given the copy of the condition report.

Note—

A well completed condition report can be very important to help the parties if there is a dispute about the condition of the premises when the tenancy started. For more information about condition reports, see the information statement.

(4)After the copy of the condition report is returned to the lessor by the tenant, the lessor must copy the condition report and return it to the tenant within 14 days.

(5)However, the lessor does not have to prepare a condition report for the premises if—

(a)this agreement has the effect of continuing the tenant’s right to occupy the premises under an earlier residential tenancy agreement; and

(b)in accordance with the Act, a condition report was prepared for the premises for the earlier residential tenancy agreement.

(6)If a condition report is not prepared for this agreement because subclause (5) applies, the condition report prepared for the earlier residential tenancy agreement is taken to be the condition report for this agreement.

6Continuation of fixed term agreement—s 70

(1)This clause applies if—

(a)this agreement is a fixed term agreement; and

(b)none of the following notices are given, or agreements or applications made before the day the term ends (the end day)—

(i)a notice to leave;

(ii)a notice of intention to leave;

(iii)an abandonment termination notice;

(iv)a notice, agreement or application relating to the death of a sole tenant under section 277(7);

(v)a written agreement between the lessor and tenant to end the agreement.

(2)This agreement, other than a term about this agreement’s term, continues to apply after the end day on the basis that the tenant is holding over under a periodic agreement.

Note—

For more information about the notices, see the information statement.

7Costs apply to early ending of fixed term agreement—s 357A

(1)This clause applies if—

(a)this agreement is a fixed term agreement; and

(b)the tenant ends this agreement before the term ends in a way not permitted under the Act.

(2)The tenant must pay the reletting costs under section 357A(3).

Note—

For when the tenant may end this agreement early under the Act, see clause 36 and the information statement.

(3)This clause does not apply if, after experiencing domestic violence, the tenant ends this agreement or the tenant’s interest in this agreement under chapter 5, part 1, division 3, subdivision 2A of the Act.

8When, how and where rent must be paid—ss 83–85

(1)The tenant must pay the rent stated in this agreement for item 7.

(2)The rent must be paid at the times stated in this agreement for item 8.

(3)The rent must be paid—

(a)in a way stated in this agreement for item 9; or

(b)in the way agreed after the signing of this agreement by—

(i)the lessor or tenant giving the other party a notice proposing the way; and

(ii)the other party agreeing to the proposal in writing; or

(c)if the lessor intends to change the way rent is paid to a way that is not stated in this agreement for item 9 and no way is agreed to after the signing of this agreement—in a way the lessor proposes by written notice to the tenant under section 84A.

(4)The lessor must give the tenant written notice advising of the costs associated with the ways to pay rent offered to the tenant that the tenant would not reasonably be aware of if the lessor or lessor’s agent knows or could reasonably be expected to find out about the costs.

(5)The rent must be paid at the place stated in this agreement for item 10.

(6)However, if, after the signing of this agreement, the lessor gives a notice to the tenant stating a different place for payment and the place is reasonable, the rent must be paid at the place while the notice is in force.

(7)If no place is stated in this agreement for item 10 and there is no notice stating a place, the rent must be paid at an appropriate place.

Examples of an appropriate place—

•the lessor’s address for service

•the lessor’s agent’s office

9Rent in advance—s 87

The lessor may require the tenant to pay rent in advance only if the payment is not more than—

(a)for a periodic agreement—2 weeks rent; or

(b)for a fixed term agreement—1 month rent.

Note—

Under section 87(2), the lessor or the lessor’s agent must not require a payment of rent under this agreement in a period for which rent has already been paid.

10Rent increases—ss 91 and 93

(1)If the lessor proposes to increase the rent, the lessor must give notice of the proposal to the tenant.

(2)The notice must state the amount of the increased rent and the day from when it is payable.

(3)The day stated must not be earlier than the later of the following—

(a)2 months after the notice is given;

(b)12 months after the last rent increase for the premises under section 93.

(4)Subject to an order of a tribunal, the increased rent is payable from the day stated in the notice, and this agreement is taken to be amended accordingly.

(5)However, the increased rent is payable by the tenant only if—

(a)the rent is increased in compliance with this clause; and

(b)the increased rent is not payable before the end of the minimum period before the rent may be increased under section 93; and

(c)the increase in rent does not relate to—

(i)compliance of the premises or inclusions with the prescribed minimum housing standards; or

(ii)keeping a pet or working dog at the premises.

(6)Also, if this agreement is a fixed term agreement, the rent may not be increased before the term ends unless—

(a)this agreement provides for the rent increase; and

(b)this agreement states the amount of the increase or how the amount of the increase is to be worked out: and

(c)the increase is made in compliance with the matters mentioned in paragraph (b).

11Application to tribunal about excessive increase—s 92

(1)After the lessor gives the tenant notice of a proposed rent increase, the tenant may apply to the tribunal for an order setting aside or reducing the increase if the tenant believes the increase—

(a)is excessive; or

(b)is not payable under clause 10.

(2)However, the application must be made—

(a)within 30 days after the notice is received; and

(b)for a fixed term agreement—before the term ends.

12Rent decreases—s 94

Under section 94, the rent may decrease in certain situations.

Note—

For details of the situations, see the information statement.

13Rental bond required—ss 111 and 116

(1)If a rental bond is stated in this agreement for item 11, the tenant must pay to the lessor or the lessor’s agent the rental bond amount—

(a)if a special term requires the bond to be paid at a stated time—at the stated time; or

(b)if a special term requires the bond to be paid by instalments—by instalments; or

(c)otherwise—when the tenant signs this agreement.

Note—

There is a maximum bond that may be required. See section 146 and the information statement.

(2)The lessor or the lessor’s agent must, within 10 days of receiving the bond or a part of the bond, pay it to the authority and give the authority a notice, in the approved form, about the bond.

(3)The bond is intended to be available to financially protect the lessor if the tenant breaches this agreement.

Example—

The lessor may claim against the bond if the tenant does not leave the premises in the required condition at the end of the tenancy.

Note—

For how to apply to the authority or a tribunal for the bond at the end of the tenancy, see the information statement and sections 125 to 141. Delay in applying may mean that payment is made on another application for payment.

14Increase in bond—s 154

(1)The tenant must increase the rental bond if—

(a)the rent increases and the lessor gives notice to the tenant to increase the bond; and

(b)the notice is given at least 11 months after—

(i)this agreement started; or

(ii)if the bond has been increased previously by a notice given under this clause—the day stated in the notice, or the last notice, for making the increase.

(2)The notice must state the increased amount and the day by which the increase must be made.

(3)For subclause (2), the day must be at least 1 month after the tenant is given the notice.

15Outgoings—s 163

(1)The lessor must pay all charges, levies, premiums, rates or taxes for the premises, other than a service charge.

Examples—

body corporate levies, council general rates, sewerage charges, environment levies, land tax

(2)This clause does not apply if—

(a)the lessor is the State; and

(b)rent is not payable under the agreement; and

(c)the tenant is an entity receiving financial or other assistance from the State to supply rented accommodation to persons.

16General service charges—ss 164 and 165

The tenant must pay a service charge, other than a water service charge, for a service supplied to the premises during the tenancy if—

(a)the tenant enjoys or shares the benefit of the service; and

(b)the service is stated in this agreement for item 12.1; and

(c)either—

(i)the premises are individually metered for the service; or

(ii)this agreement states for item 13 how the tenant’s apportionment of the cost of the service is to be worked out; and

(d)this agreement states for item 14 how the tenant must pay for the service.

Note—

Section 165(3) limits the amount the tenant must pay.

17Water service charges—ss 164, 166 and 166A

(1)The tenant must pay an amount for the water consumption charges for the premises if—

(a)the tenant is enjoying or sharing the benefit of a water service to the premises; and

(b)the premises are individually metered for the supply of water or water is supplied to the premises by delivery by means of a vehicle; and

(c)this agreement states for item 12.2 that the tenant must pay for water supplied to the premises.

Note—

A water consumption charge does not include the amount of a water service charge that is a fixed charge for the water service.

(2)However, the tenant does not have to pay an amount—

(a)that is more than the amount of the water consumption charges payable to the relevant water supplier; or

(b)that is a fixed charge for the water service to the premises.

(3)Also, the tenant does not have to pay an amount for a reasonable quantity of water supplied to the premises for a period if, during the period, the premises are not water efficient for section 166.

Note—

For details about water efficiency, see the information statement.

(4)In deciding what is a reasonable quantity of water for subclause (3), regard must be had to the matters mentioned in section 169(4)(a) to (e).

(5)The lessor must give the tenant copies of relevant documents about the amount payable to the relevant water supplier within 4 weeks after the lessor receives the documents.

(6)The tenant must pay the amount of the charge to the lessor within 1 month of the lessor giving the tenant copies of relevant documents about the incurring of the amount.

(7)The tenant is not required to pay an amount for the water consumption charges if the tenant has not received a copy of the documents about the amount payable to the relevant water supplier.

(8)Subclause (9) applies if water consumption charges are payable for a period that includes part but not all of a period specified, or to be specified, in a water consumption charges document.

(9)The tenant may be required to pay an amount calculated under section 166A using—

(a)a meter reading for the premises recorded in a condition report; and

(b)a reasonable estimate of the volume of water supplied to the premises during the period for which water consumption charges are payable by the tenant mentioned in subclause (8); and

(c)the rate used to calculate the water consumption charge stated in the most recent water consumption charges document.

(10)In this clause—

water consumption charge, for premises, means the variable part of a water service charge assessed on the volume of water supplied to the premises.

Note—

If there is a dispute about how much water (or any other service charge) the tenant should pay, the lessor or the tenant may attempt to resolve the dispute by conciliation. See the information statement for details.

water consumption charges document means a document, issued to the lessor by the relevant water supplier, stating the amount of water consumption charges for the premises that are payable to the supplier.

18No legal impediments to occupation—s 181

The lessor must ensure there is no legal impediment to occupation of the premises by the tenant as a residence for the term of the tenancy if, when entering into this agreement, the lessor knew about the impediment or ought reasonably to have known about it.

Examples of possible legal impediments—

•if there is a mortgage over the premises, the lessor might need to obtain approval from the mortgagee before the tenancy can start

•a certificate might be required under the Building Act 1975 before the premises can lawfully be occupied

•the zoning of the land might prevent use of a building on the land as a residence

19Vacant possession and quiet enjoyment—ss 182 and 183

(1)The lessor must ensure the tenant has vacant possession of the premises (other than a part of the premises that the tenant does not have a right to occupy exclusively) on the day the tenant is entitled to occupy the premises under this agreement.

Editor’s note—

Parts of the premises where the tenant does not have a right to occupy exclusively may be identified in a special term.

(2)The lessor must take reasonable steps to ensure the tenant has quiet enjoyment of the premises.

(3)The lessor or the lessor’s agent must not interfere with the reasonable peace, comfort or privacy of the tenant in using the premises.

20Lessor’s right to enter the premises—ss 192–199

The lessor or the lessor’s agent may enter the premises during the tenancy only if the obligations under sections 192 to 199 have been complied with.

Note—

See the information statement for details.

21Tenant’s use of premises—ss 10 and 184

(1)The tenant may use the premises only as a place of residence or mainly as a place of residence or for another use allowed under a special term.

(2)The tenant must not—

(a)use the premises for an illegal purpose; or

(b)cause a nuisance by the use of the premises; or

Examples of things that may constitute a nuisance—

•using paints or chemicals on the premises that go onto or cause odours on adjoining land

•causing loud noises

•allowing large amounts of water to escape onto adjoining land

(c)interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant; or

(d)allow another person on the premises to interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant.

22Units and townhouses—s 69

(1)The lessor must give the tenant a copy of any body corporate by-laws applicable to—

(a)the occupation of the premises; or

(b)any common area available for use by the tenant with the premises.

(2)The tenant must comply with the body corporate by-laws.

(3)Subclause (1) does not apply if—

(a)this agreement has the effect of continuing the tenant’s right to occupy the premises under an earlier residential tenancy agreement; and

(b)the lessor gave the tenant a copy of the body corporate by-laws in relation to the earlier agreement.

23Number of occupants allowed

No more than the number of persons stated in this agreement for item 15 may reside at the premises.

25Lessor’s obligations—s 185

(1)At the start of the tenancy, the lessor must ensure—

(a)the premises are clean; and

(b)the premises are fit for the tenant to live in; and

(c)the premises are in good repair; and

(d)the lessor is not in breach of a law dealing with issues about the health or safety of persons using or entering the premises; and

(e)the premises and inclusions otherwise comply with any prescribed minimum housing standards applying to the premises or inclusions.

(2)While the tenancy continues, the lessor must—

(a)maintain the premises in a way that the premises remain fit for the tenant to live in; and

(b)maintain the premises in good repair; and

(c)ensure the lessor is not in breach of a law dealing with issues about the health or safety of persons using or entering the premises; and

(d)keep any common area included in the premises clean; and

(e)ensure the premises and inclusions otherwise comply with any prescribed minimum housing standards applying to the premises or inclusions.

Note—

For details about the maintenance, see the information statement.

(3)However, the lessor is not required to comply with subclause (1)(c) or (2)(a) for any non-standard items and the lessor is not responsible for their maintenance if—

(a)the lessor is the State; and

(b)the non-standard items are stated in this agreement and this agreement states the lessor is not responsible for their maintenance; and

(c)the non-standard items are not necessary and reasonable to make the premises a fit place in which to live; and

(d)the non-standard items are not a risk to health or safety; and

(e)for fixtures—the fixtures were not attached to the premises by the lessor.

(4)In this clause—

non-standard items means the fixtures attached to the premises and inclusions supplied with the premises stated in this agreement for item 5.2.

premises include any common area available for use by the tenant with the premises.

26Tenant’s obligations generally—s 188(2), (3) and (5)

(1)The tenant must keep the premises clean, having regard to their condition at the start of the tenancy.

(2)The tenant must not maliciously damage, or allow someone else to maliciously damage, the premises.

(3)The tenant’s obligations under this clause do not apply to the extent the obligations would have the effect of requiring the tenant to repair, or compensate the lessor for, damage to the premises or inclusions caused by an act of domestic violence experienced by the tenant.

27Fixtures or structural changes—ss 207–209

(1)The tenant may attach a fixture, or make a structural change, to the premises only if the lessor agrees to the fixture’s attachment or the structural change.

Note—

Fixtures are generally items permanently attached to land or to a building that are intended to become part of the land or building. An attachment may include, for example, something glued, nailed or screwed to a wall.

(2)The lessor’s agreement must be written, describe the nature of the fixture or change and include any terms of the agreement.

Examples of terms—

•that the tenant may remove the fixture

•that the tenant must repair damage caused when removing the fixture

•that the lessor must pay for the fixture if the tenant can not remove it

(3)If the lessor does agree, the tenant must comply with the terms of the lessor’s agreement.

(4)The lessor must not act unreasonably in failing to agree.

(5)If the tenant attaches a fixture, or makes a structural change, to the premises without the lessor’s agreement, the lessor may—

(a)take action for a breach of a term of this agreement; or

(b)waive the breach (that is, not take action for the breach) and treat the fixture or change as an improvement to the premises for the lessor’s benefit (that is, treat it as belonging to the lessor, without having to pay the tenant for it).

28Supply of locks and keys—s 210

(1)The lessor must supply and maintain all locks necessary to ensure the premises are reasonably secure.

(2)The lessor must give the tenant, or if there is more than 1 tenant, 1 of the tenants, a key for each lock that—

(a)secures an entry to the premises; or

(b)secures a road or other place normally used to gain access to, or leave, the area or building in which the premises are situated; or

(c)is part of the premises.

(3)If there is more than 1 tenant, the lessor must give the other tenants a key for the locks mentioned in subclause (2)(a) and (b).

29Changing locks—ss 211 and 212

(1)The lessor or tenant may change a lock at the premises only if—

(a)the other party to this agreement agrees to the change; or

(b)the lessor or tenant has a reasonable excuse for making the change; or

(c)the lessor or tenant believes the change is necessary because of an emergency; or

(d)the lock is changed to comply with an order of the tribunal.

(2)However, the tenant may also change a lock at the premises if the tenant—

(a)believes the change is necessary to protect the tenant or another occupant of the premises from domestic violence; and

(b)engages a locksmith or other qualified tradesperson to change the lock.

(3)The lessor or tenant must not act unreasonably in failing to agree to the change of a lock.

(4)If the lessor or tenant changes a lock, the lessor or tenant must give the other party to this agreement a key for the changed lock, unless—

(a)the other party agrees to not being given the key; or

(b)a tribunal orders that the key not be given to the other party.

(5)If the tenant changes a lock under subclause (2) and gives the lessor a key for the changed lock, the lessor must not give the key to any other person without the tenant’s agreement or a reasonable excuse.

(6)The right of the lessor or tenant to change a lock under this clause is subject to any of the following laws that apply to the premises—

(a)the Body Corporate and Community Management Act 1997;

(b)the Building Units and Group Titles Act 1980;

(c)a body corporate by-law.

30Meaning of emergency and routine repairs—ss 214 and 215

(1)Emergency repairs are works needed to repair any of the following—

(a)a burst water service or serious water service leak;

(b)a blocked or broken lavatory system;

(c)a serious roof leak;

(d)a gas leak;

(e)a dangerous electrical fault;

(f)flooding or serious flood damage;

(g)serious storm, fire or impact damage;

(h)a failure or breakdown of the gas, electricity or water supply to the premises;

(i)a failure or breakdown of an essential service or appliance on the premises for hot water, cooking or heating;

(j)a fault or damage that makes the premises unsafe or insecure;

(k)a fault or damage likely to injure a person, damage property or unduly inconvenience a resident of the premises;

(l)a serious fault in a staircase, lift or other common area of the premises that unduly inconveniences a resident in gaining access to, or using, the premises.

(2)Also, emergency repairs are works needed for the premises or inclusions to comply with the prescribed minimum housing standards.

(3)Routine repairs are repairs other than emergency repairs.

31Nominated repairer for emergency repairs—s 216

(1)The lessor’s nominated repairer for emergency repairs of a particular type must be stated either—

(a)in this agreement for item 18; or

(b)in a written notice given by the lessor to the tenant.

(2)Item 18 or the written notice must state—

(a)the name and telephone number of the nominated repairer; and

(b)whether or not the nominated repairer is the tenant’s first point of contact for notifying of the need for emergency repairs.

(3)The lessor must give written notice to the tenant of any change of the lessor’s nominated repairer or the telephone number of the nominated repairer.

(4)This clause does not apply if—

(a)the lessor has given the tenant a telephone number of the lessor; and

(b)under this agreement the lessor is to arrange for emergency repairs to be made to the premises or inclusions.

32Notice of damage—s 217

(1)If the tenant knows the premises have been damaged, the tenant must give notice as soon as practicable of the damage.

(2)If the premises need routine repairs, the notice must be given to the lessor.

(3)If the premises need emergency repairs, the notice must be given to—

(a)the nominated repairer for the repairs; or

(b)if there is no nominated repairer for the repairs or the repairer can not be contacted—the lessor.

(4)This clause does not apply to the tenant for damage caused by an act of domestic violence experienced by the tenant.

33Emergency repairs arranged by tenant—ss 218 and 219

(1)The tenant may arrange for a suitably qualified person to make emergency repairs or apply to the tribunal under section 221 for orders about the repairs if—

(a)the tenant has been unable to notify the lessor or nominated repairer of the need for emergency repairs of the premises; or

(b)the repairs are not made within a reasonable time after notice is given.

(2)The maximum amount that may be incurred for emergency repairs arranged to be made by the tenant is an amount equal to the amount payable under this agreement for 4 weeks rent.

Note—

For how the tenant may require reimbursement for the repairs, see sections 219(2) and (3) and 220 and the information statement.

33AKeeping pets and other animals at premises—ss 184B and 184G

(1)The tenant may keep a pet or other animal at the premises only with the approval of the lessor.

(2)However, the tenant may keep a working dog at the premises without the lessor’s approval.

(3)The tenant has the approval of the lessor to keep a pet at the premises if keeping the pet at the premises is consistent with item 17.

Notes—

1If item 17 states 2 cats, the tenant is approved by the lessor to keep up to 2 cats at the premises.

2For additional approvals to keep a pet or other animal at the premises see clause 33C.

(4)An authorisation to keep the pet or working dog at the premises continues for the life of the pet or working dog and is not affected by any of the following matters—

(a)the ending of this agreement, if the tenant continues occupying the premises under a new agreement;

(b)a change in the lessor or lessor’s agent;

(c)for a working dog—the retirement of the dog from the service the dog provided as a working dog.

(5)An authorisation to keep a pet, working dog or other animal at the premises may be restricted by a body corporate by-law or other law about keeping animals at the premises.

Examples—

1The premises may be subject to a local law that limits the number or types of animals that may be kept at the premises.

2The premises may be subject to a body corporate by-law that requires the tenant to obtain approval from the body corporate before keeping a pet at the premises.

33BTenant responsible for pets and other animals—s 184C

(1)The tenant is responsible for all nuisance caused by a pet or other animal kept at the premises, including, for example, noise caused by the pet or other animal.

(2)The tenant is responsible for repairing any damage to the premises or inclusions caused by the pet or other animal.

(3)Damage to the premises or inclusions caused by the pet or other animal is not fair wear and tear.

33CRequest for approval to keep pet—ss 184D and 184E

(1)The tenant may, using the approved form, request the lessor’s approval to keep a stated pet at the premises.

(2)The lessor must respond to the tenant’s request within 14 days after receiving the request.

(3)The lessor’s response to the request must be in writing and state—

(a)whether the lessor approves or refuses the tenant’s request; and

(b)if the lessor approves the tenant’s request subject to conditions—the conditions of the approval; and

Note—

See clause 33D for limitations on conditions of approval to keep a pet at the premises.

(c)if the lessor refuses the tenant’s request—

(i)the grounds for the refusal; and

(ii)the reasons the lessor believes the grounds for the refusal apply to the request.

(4)The lessor may refuse the request for approval to keep a pet at the premises only on 1 or more of the following grounds—

(a)keeping the pet would exceed a reasonable number of animals being kept at the premises;

(b)the premises are unsuitable for keeping the pet because of a lack of appropriate fencing, open space or another thing necessary to humanely accommodate the pet;

(c)keeping the pet is likely to cause damage to the premises or inclusions that could not practicably be repaired for a cost that is less than the amount of the rental bond for the premises;

(d)keeping the pet would pose an unacceptable risk to the health and safety of a person, including, for example, because the pet is venomous;

(e)keeping the pet would contravene a law;

(f)keeping the pet would contravene a body corporate by-law applying to the premises;

(g)if the lessor proposed reasonable conditions for approval and the conditions comply with clause 33D—the tenant has not agreed to the conditions;

(h)the animal stated in the request is not a pet as defined in section 184A;

(i)another ground prescribed by a regulation under section 184E(1)(j).

(5)The lessor is taken to approve the keeping of the pet at the premises if—

(a)the lessor does not comply with subclause (2); or

(b)the lessor’s response does not comply with subclause (3).

33DConditions for approval to keep pet at premises—s 184F

(1)The lessor’s approval to keep a pet at the premises may be subject to conditions if the conditions—

(a)relate only to keeping the pet at the premises; and

(b)are reasonable having regard to the type of pet and the nature of the premises; and

(c)are stated in the written approval given to the tenant in a way that is consistent with clause 33C(3).

(2)Without limiting subclause (1)(b), the following conditions of the lessor’s approval are taken to be reasonable—

(a)if the pet is not a type of pet ordinarily kept inside—a condition requiring the pet to be kept outside at the premises;

(b)if the pet is capable of carrying parasites that could infest the premises—a condition requiring the premises to be professionally fumigated at the end of the tenancy;

(c)if the pet is allowed inside the premises—a condition requiring carpets in the premises to be professionally cleaned at the end of the tenancy.

(3)A condition of the lessor’s approval to keep a pet at the premises is void if the condition—

(a)would have the effect of the lessor contravening section 171 or 172; or

(b)would, as a term of this agreement, be void under section 173; or

(c)would increase the rent or rental bond payable by the tenant; or

(d)would require any form of security from the tenant.

(4)For subclause (2), the premises are professionally fumigated, and carpets are professionally cleaned, if the fumigation and cleaning are done to a standard ordinarily achieved by businesses selling those services.

34General—ss 238 and 240

(1)Subject to clause 35, the tenant may transfer all or a part of the tenant’s interest under this agreement, or sublet the premises, only if the lessor agrees in writing or if the transfer or subletting is made under a tribunal order.

(2)The lessor must act reasonably in failing to agree to the transfer or subletting.

(3)The lessor is taken to act unreasonably in failing to agree to the transfer or subletting if the lessor acts in a capricious or retaliatory way.

(4)The lessor or the lessor’s agent must not require the tenant to pay, or accept from the tenant, an amount for the lessor’s agreement to a transfer or subletting by the tenant, other than an amount for the reasonable expenses incurred by the lessor in agreeing to the transfer or subletting.

35State assisted lessors or employees of lessor—s 237

(1)This clause applies if—

(a)the lessor is the State; or

(b)the lessor is an entity receiving assistance from the State to supply rented accommodation; or

(c)the tenant’s right to occupy the premises comes from the tenant’s terms of employment.

(2)The tenant may transfer the whole or part of the tenant’s interest under this agreement, or sublet the premises, only if the lessor agrees in writing to the transfer or subletting.

36Ending of agreement—s 277

(1)This agreement ends only if—

(a)the lessor and tenant agree, in a separate written document, to end this agreement; or

(b)the lessor gives a notice to leave premises to the tenant under section 326 and the tenant hands over vacant possession of the premises to the lessor on or after the handover day; or

(c)the tenant gives a notice of intention to leave premises to the lessor under section 327 and hands over vacant possession of the premises to the lessor on or after the handover day; or

(d)the tenant vacates, or is removed from, the premises after receiving a notice from a mortgagee or appointed person under section 317; or

(e)the tenant abandons the premises and the period for which the tenant paid rent has ended; or

(f)the tribunal makes an order terminating this agreement.

(2)Also, this agreement ends for a sole tenant if—

(a)the tenant gives the lessor a notice ending tenancy interest and hands over vacant possession of the premises; or

Note—

See chapter 5, part 1, division 3, subdivision 2A of the Act for the obligations of the lessor and tenant relating to a notice ending tenancy interest.

(b)the tenant dies.

Note—

See section 324A for when this agreement ends if a sole tenant dies.

37Condition premises must be left in—s 188(4) and (5)

(1)At the end of the tenancy, the tenant must leave the premises, as far as possible, in the same condition they were in at the start of the tenancy, fair wear and tear excepted.

Examples of what may be fair wear and tear—

•wear that happens during normal use

•changes that happen with ageing

(2)The tenant’s obligation mentioned in subclause (1) does not apply to the extent the obligation would have the effect of requiring the tenant to repair, or compensate the lessor for, damage to the premises or inclusions caused by an act of domestic violence experienced by the tenant.

38Keys

At the end of the tenancy, the tenant must return to the lessor all keys for the premises.

39Tenant’s forwarding address—s 205(2) and (3)

(1)When handing over possession of the premises, the tenant must, if the lessor or the lessor’s agent asks the tenant in writing to state the tenant’s new residential address, tell the lessor or the agent the tenant’s new residential address.

(2)However, subclause (1) does not apply if—

(a)the tenant has a reasonable excuse for not telling the lessor or agent the new address; or

(b)after experiencing domestic violence, the tenant ended this agreement, or the tenant’s interest in this agreement, under chapter 5, part 1, division 3, subdivision 2A of the Act.

40Exit condition report—s 66

(1)As soon as practicable after this agreement ends, the tenant must prepare, in the approved form, and sign a condition report for the premises and give 1 copy of the report to the lessor or the lessor’s agent.

Example of what might be as soon as practicable—

when the tenant returns the keys to the premises to the lessor or the lessor’s agent

Note—

For the approved form for the condition report, see the information statement. The report may be very important in deciding who is entitled to a refund of the rental bond if there is a dispute about the condition of the premises.

(2)The lessor or the lessor’s agent must, within 3 business days after receiving the copy of the report—

(a)sign the copy; and

(b)if the lessor or agent does not agree with the report—show the parts of the report the lessor or agent disagrees with by marking the copy in an appropriate way; and

(c)if the tenant has given a forwarding address to the lessor or agent—make a copy of the report and return it to the tenant at the address.

(3)The lessor or agent must keep a copy of the condition report signed by both parties for at least 1 year after this agreement ends.

41Goods or documents left behind on premises—ss 363 and 364

(1)The tenant must take all of the tenant’s belongings from the premises at the end of the tenancy.

(2)The lessor may not treat belongings left behind as the lessor’s own property, but must deal with them under sections 363 and 364.

Note—

For details of the lessor’s obligations under sections 363 and 364, see the information statement. They may include an obligation to store goods and may allow the lessor to sell goods and pay the net sale proceeds (after storage and selling costs) to the public trustee.

42Supply of goods and services—s 171

(1)The lessor or the lessor’s agent must not require the tenant to buy goods or services from the lessor or a person nominated by the lessor or agent.

(2)Subclause (1) does not apply to—

(a)a requirement about a service charge; or

Note—

See section 164 for what is a service charge.

(b)a condition of an approval to keep a pet if the condition—

(i)requires the carpets to be cleaned, or the premises to be fumigated, at the end of the tenancy; and

(ii)complies with clause 33D; and

(iii)does not require the tenant to buy cleaning or fumigation services from a particular person or business.

43Lessor’s agent

(1)The name and address for service of the lessor’s agent is stated in this agreement for item 3.

(2)Unless a special term provides otherwise, the agent may—

(a)stand in the lessor’s place in any application to a tribunal by the lessor or the tenant; or

(b)do any thing else the lessor may do, or is required to do, under this agreement.

44Notices

(1)A notice under this agreement must be written and, if there is an approved form for the notice, in the approved form.

Note—

See the information statement for a list of the approved forms.

(2)A notice from the tenant to the lessor may be given to the lessor’s agent.

(3)A notice may be given to a party to this agreement or the lessor’s agent—

(a)by giving it to the party or agent personally; or

(b)if an address for service for the party or agent is stated in this agreement for item 1, 2 or 3—by leaving it at the address, sending it by prepaid post as a letter to the address; or

(c)if a facsimile number for the party or agent is stated in this agreement for item 1, 2 or 3 and item 4 indicates that a notice may be given by facsimile—by sending it by facsimile to the facsimile number in accordance with the Electronic Transactions (Queensland) Act 2001; or

(d)if an email address for the party or agent is stated in this agreement for item 1, 2 or 3 and item 4 indicates that a notice may be given by email—by sending it electronically to the email address in accordance with the Electronic Transactions (Queensland) Act 2001.

(4)A party or the lessor’s agent may withdraw his or her consent to notices being given to them by facsimile or email only by giving notice to each other party that notices are no longer to be given to the party or agent by facsimile or email.

(5)If no address for service is stated in this agreement for item 2 for the tenant, the tenant’s address for service is taken to be the address of the premises.

(6)A party or the lessor’s agent may change his or her address for service, facsimile number or email address only by giving notice to each other party of a new address for service, facsimile number or email address.

(7)On the giving of a notice of a new address for service, facsimile number or email address for a party or the lessor’s agent, the address for service, facsimile number or email address stated in the notice is taken to be the party’s or agent’s address for service, facsimile number or email address stated in this agreement for item 1, 2 or 3.

(8)Unless the contrary is proved—

(a)a notice left at an address for service is taken to have been received by the party to whom the address relates when the notice was left at the address; and

(b)a notice sent by post is taken to have been received by the person to whom it was addressed when it would have been delivered in the ordinary course of post; and

(c)a notice sent by facsimile is taken to have been received at the place where the facsimile was sent when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; and

(d)a notice sent by email is taken to have been received by the recipient when the email enters the recipient’s email server.

sch 1 amd 2022 SL No. 95 ss 4–22; 2023 Act No. 8 ss 58J–58K; 2024 SL No. 160 ss 7–11

section 7

1Lessor

1.1Lessor’s name and address for service.

1.2Any other contact details for the lessor.

Note—

Item 1.2 is optional.

2Tenant

2.1Tenant’s name.

2.2Any address for service or other contact details for the tenant.

Note—

Item 2.2 is optional. See clause 50.

3Lessor’s agent

3.1If the lessor has an agent, the agent’s name and address for service.

3.2Any other contact details for the agent.

Note—

Item 3.2 is optional.

4Service of notices by email or facsimile

4.1Whether a notice may be given to the lessor by email or facsimile.

4.2Whether a notice may be given to the tenant by email or facsimile.

4.3Whether a notice may be given to the lessor’s agent by email or facsimile.

5The park

If the premises are in a moveable dwelling park, the name, address or other description of the moveable dwelling park.

6Premises

6.1The location, or intended location, of the moveable dwelling.

Example—

site number

6.2A description of the moveable dwelling.

Examples—

caravan, site only

6.3Any inclusions for the premises.

Examples of inclusions—

annexe, furniture or other household goods let with the premises

6.4Details of any repair orders applying to the premises or inclusions for the premises.

7Term of agreement

7.1Whether the agreement is a fixed term agreement or periodic agreement.

7.2The day the agreement starts.

7.3If the agreement is a fixed term agreement, the day the agreement finishes.

8Rent—amount

The rent amount and whether it must be paid weekly, fortnightly or monthly.

Note—

See clauses 8(1) and 17.

9Rent—day of payment

The day of each week, fortnight or month on which the rent must be paid.

Note—

See clause 8(2).

10Rent—methods of payment

The ways for the tenant to pay the rent.

11Rent—place of payment

Where the rent must be paid.

Note—

Item 11 is optional. See clause 8(5) to (7).

11ARent—day of last increase

The day the rent was last increased for the moveable dwelling, or its site, or both.

12Rental bond

The amount of any rental bond.

Note—

See clause 13.

13Services

Any services supplied to the premises for which the tenant must pay.

Examples of services—

electricity, gas, sewerage and water

Note—

See clause 16.

14Park rules

14.1If the premises are in a moveable dwelling park, whether there are park rules for the park.

14.2Whether the tenant has been given a copy of the park rules.

Note—

See clause 22.

15Number of occupants

The number of persons allowed to reside at the premises.

Note—

See clause 23.

16Pets

The type and number of pets approved by the lessor to be kept at the premises.

Note—

See clauses 34A to 34D.

17Nominated repairers

17.1The name and telephone number of the lessor’s nominated repairer for each of the following repairs—

(a)electrical repairs;

(b)plumbing repairs;

(c)other repairs.

17.2Whether or not the nominated repairer is the tenant’s first point of contact for notifying of the need for emergency repairs.

Note—

This item does not apply if clause 32 does not apply (see clause 32(4)).

1Interpretation

(1)In this agreement—

(a)a reference to the premises includes a reference to any inclusions for the premises stated in this agreement for item 6.3; and

(b)a reference to a numbered section is a reference to the section in the Act with that number; and

(c)a reference to a numbered item is a reference to the item with that number in part 1; and

(d)a reference to a numbered clause is a reference to the clause of this agreement with that number.

(2)In this agreement, unless the context otherwise requires—

site-only premises means moveable dwelling premises that consist only of the site where a moveable dwelling is, or is intended to be, situated.

2Terms of a moveable dwelling tenancy agreement

(1)This part states, under the Residential Tenancies and Rooming Accommodation Act 2008 (the Act), section 55, the standard terms of a moveable dwelling tenancy agreement.

(2)The Act also imposes duties on, and gives entitlements to, the lessor and tenant that are taken to be included as terms of this agreement.

(3)The lessor and tenant may agree on other terms of this agreement (special terms).

(4)If the premises are moveable dwelling premises in a moveable dwelling park stated in this agreement for item 5 (the park), any park rules for the time being in force are taken to be terms of this agreement.

(5)A duty or entitlement under the Act overrides a standard term or special term if the term is inconsistent with the duty or entitlement.

(6)A standard term overrides a special term if they are inconsistent.

Note—

Some breaches of this agreement may also be an offence under the Act, for example, if—

•the lessor or the lessor’s agent enters the premises in contravention of the rules of entry under sections 192 to 199; or

•the tenant does not sign and return the condition report to the lessor or the lessor’s agent under section 65.

3More than 1 lessor or tenant

(1)This clause applies if more than 1 person is named in this agreement for item 1 or 2.

(2)Each lessor named in this agreement for item 1 must perform all of the lessor’s obligations under this agreement.

(3)Each tenant named in this agreement for item 2—

(a)holds their interest in the tenancy as a tenant in common unless a special term states the tenants are joint tenants; and

(b)must perform all the tenant’s obligations under this agreement.

4Start of tenancy

(1)The tenancy starts on the day stated in this agreement for item 7.2.

(2)However, if no day is stated or if the stated day is before the signing of this agreement, the tenancy starts when the tenant is or was given a right to occupy the premises.

5Entry condition report—s 65

(1)The lessor must prepare, in the approved form, sign and give the tenant 1 copy of a condition report for the premises.

(2)The copy must be given to the tenant on or before the day the tenant occupies the premises under this agreement.

(3)The tenant must mark the copy of the report to show any parts the tenant disagrees with, and sign and return the copy to the lessor not later than 7 days after the later of the following day—

(a)the day the tenant occupies the premises;

(b)the day the tenant is given the copy of the condition report.

Note—

A well completed condition report can be very important to help the parties if there is a dispute about the condition of the premises when the tenancy started. For more information about condition reports, see the information statement.

(4)After the copy of the condition report is returned to the lessor by the tenant, the lessor must copy the condition report and return it to the tenant within 14 days.

(5)However, the lessor does not have to prepare a condition report for the premises if—

(a)this agreement has the effect of continuing the tenant’s right to occupy the premises under an earlier residential tenancy agreement; and

(b)in accordance with the Act, a condition report was prepared for the premises for the earlier residential tenancy agreement.

(6)If a condition report is not prepared for this agreement because subclause (5) applies, the condition report prepared for the earlier residential tenancy agreement is taken to be the condition report for this agreement.

6Continuation of a fixed term agreement—s 70

(1)This clause applies if—

(a)this agreement is a fixed term agreement; and

(b)none of the following notices are given, or agreements or applications made before the day the term ends (the end day)—

(i)a notice to leave;

(ii)a notice of intention to leave;

(iii)an abandonment termination notice;

(iv)a notice, agreement or application relating to the death of a sole tenant under section 277(7);

(v)a written agreement between the lessor and tenant to end the agreement.

(2)This agreement, other than a term about this agreement’s term, continues to apply after the end day on the basis that the tenant is holding over under a periodic agreement.

Note—

For more information about the notices, see the information statement.

7Costs apply to early ending of fixed term agreement—s 357A

(1)This clause applies if—

(a)this agreement is a fixed term agreement; and

(b)the tenant ends this agreement before the term ends in a way not permitted under the Act.

(2)The tenant must pay the reletting costs under section 357A(3).

Note—

For when the tenant may end this agreement early under the Act, see clause 42 and the information statement.

(3)This clause does not apply if, after experiencing domestic violence, the tenant ends this agreement or the tenant’s interest in this agreement under chapter 5, part 1, division 3, subdivision 2A of the Act.

8When, how and where rent must be paid—ss 83–85

(1)Subject to clause 17, the tenant must pay the rent stated in this agreement for item 8.

(2)The rent must be paid at the times stated in this agreement for item 9.

(3)The rent must be paid—

(a)in a way stated in this agreement for item 10; or

(b)in the way agreed after the signing of this agreement by—

(i)the lessor or tenant giving the other party a notice proposing the way; and

(ii)the other party agreeing to the proposal in writing; or

(c)if the lessor intends to change the way rent is paid to a way that is not stated in this agreement for item 10 and no way is agreed to after the signing of this agreement—in a way the lessor proposes by written notice to the tenant under section 84A.

(4)The lessor must give the tenant written notice advising of the costs associated with the ways to pay rent offered to the tenant that the tenant would not reasonably be aware of if the lessor or lessor’s agent knows or could reasonably be expected to find out about the costs.

(5)The rent must be paid at the place stated in this agreement for item 11.

(6)However, if, after the signing of this agreement, the lessor gives a notice to the tenant stating a different place for payment and the place is reasonable, the rent must be paid at the place while the notice is in force.

(7)If no place is stated in this agreement for item 11 and there is no notice stating a place, the rent must be paid at an appropriate place.

Examples of an appropriate place—

•the lessor’s address for service

•the lessor’s agent’s office

9Rent in advance—s 87

The lessor may require the tenant to pay rent in advance only if the payment is not more than 2 weeks rent.

Note—

Under section 87(2), the lessor or the lessor’s agent must not require a payment of rent under this agreement in a period for which rent has already been paid.

10Rent increases—ss 91 and 93

(1)If the lessor proposes to increase the rent, the lessor must give notice of the proposal to the tenant.

(2)The notice must state the amount of the increased rent and the day from when it is payable.

(3)The day stated must not be earlier than the later of the following—

(a)2 months after the notice is given;

(b)12 months after the last rent increase for the premises under section 93.

(4)Subject to an order of a tribunal, the increased rent is payable from the day stated in the notice, and this agreement is taken to be amended accordingly.

(5)However, the increased rent is payable by the tenant only if—

(a)the rent is increased in compliance with this clause; and

(b)the increased rent is not payable before the end of the minimum period before the rent may be increased under section 93; and

(c)the increase in rent does not relate to—

(i)compliance of the premises or inclusions with the prescribed minimum housing standards; or

(ii)keeping a pet or working dog at the premises.

(6)Also, if this agreement is a fixed term agreement, the rent may not be increased before the term ends unless—

(a)this agreement provides for the rent increase; and

(b)this agreement states the amount of the increase or how the amount of the increase is to be worked out: and

(c)the increase is made in compliance with the matters mentioned in paragraph (b).

11Application to tribunal about excessive increase—s 92

(1)After the lessor gives the tenant notice of a proposed rent increase, the tenant may apply to the tribunal for an order setting aside or reducing the increase if the tenant believes the increase—

(a)is excessive; or

(b)is not payable under clause 10.

(2)However, the application must be made—

(a)within 30 days after the notice is received; and

(b)for a fixed term agreement—before the term ends.

12Rent decreases—s 94

Under section 94, the rent may decrease in certain situations.

Note—

For details of the situations, see the information statement.

13Rental bond required—ss 111 and 116

(1)If a rental bond is stated in this agreement for item 12, the tenant must pay to the lessor or the lessor’s agent the rental bond amount—

(a)if a special term requires the bond to be paid at a stated time—at the stated time; or

(b)if a special term requires the bond to be paid by instalments—by instalments; or

(c)otherwise—when the tenant signs this agreement.

Note—

There is a maximum bond that may be required. See section 146 and the information statement.

(2)The lessor or the lessor’s agent must, within 10 days of receiving the bond or a part of the bond, pay it to the authority and give the authority a notice, in the approved form, about the bond.

(3)The bond is intended to be available to financially protect the lessor if the tenant breaches this agreement.

Example—

The lessor may claim against the bond if the tenant does not leave the premises in the required condition at the end of the tenancy.

Note—

For how to apply to the authority or a tribunal for the bond at the end of the tenancy, see the information statement and sections 125 to 141. Delay in applying may mean that payment is made on another application for payment.

14Increase in bond—s 154

(1)The tenant must increase the rental bond if—

(a)the rent increases and the lessor gives notice to the tenant to increase the bond; and

(b)the notice is given at least 11 months after—

(i)this agreement started; or

(ii)if the bond has been increased previously by a notice given under this clause—the day stated in the notice, or the last notice, for making the increase.

(2)The notice must state the increased amount and a day by which the increase must be made.

(3)For subclause (2), the day must be at least 1 month after the tenant is given the notice.

15Outgoings—s 163

The lessor must pay all charges, levies, premiums, rates or taxes for the premises, other than a service charge.

Examples—

council general rates, sewerage charges, environment levies, land tax

16Service charges—ss 164 and 167

(1)The tenant must pay the service charge for a service supplied to the premises during the tenancy if—

(a)the tenant enjoys or shares the benefit of the service; and

(b)the service is stated in this agreement for item 13; and

(c)the premises are individually metered for the service.

(2)However, the tenant is not required to pay an amount for the service that is more than the amount charged by the relevant supply authority (the supplier) for the service.

(3)If the supplier charges the tenant directly for the service, the tenant must pay the amount of the charge to the supplier when the amount becomes due.

(4)If the supplier charges the lessor for the service—

(a)the lessor must give the tenant copies of the relevant documents about the incurring of the amount within 4 weeks after the lessor receives the documents; and

(b)the tenant must pay the amount of the charge to the lessor within 1 month of the lessor giving the tenant copies of relevant documents.

(5)For subclause (4)(b), the tenant is not required to pay an amount for the charge if the tenant has not received a copy of the relevant documents.

17Services for which rent is attributable that become unavailable—s 168

(1)This clause applies if—

(a)the tenant is not required to pay a service charge for a service the tenant enjoys or shares the benefit of; and

(b)the service becomes unavailable for use by the tenant because of action taken by the lessor; and

(c)the service is a service for which an amount of rent is attributable.

(2)The rent payable under clause 8 is reduced from the day the service became unavailable.

(3)The reduction is the amount that reflects the part of the rent that is attributable to the service, either as agreed by the lessor and tenant or, if they do not agree, as decided by a tribunal.

(4)If the tenant asks the lessor for details of the amount of the rent attributable to service charges for the premises, the lessor must give the tenant a written statement showing—

(a)each service for which an amount of rent is attributable; and

(b)the amount attributed to the service.

18No legal impediments to occupation—s 181

The lessor must ensure there is no legal impediment to occupation of the premises by the tenant as a residence for the term of the tenancy if, when entering into this agreement, the lessor knew about the impediment or ought reasonably to have known about it.

Examples of possible legal impediments—

•if there is a mortgage over the premises, the lessor might need to obtain approval from the mortgagee before the tenancy can start

•a certificate might be required under the Building Act 1975 before the premises can lawfully be occupied

•the zoning of the land might prevent use of the land as a moveable dwelling park

19Vacant possession and quiet enjoyment—ss 182 and 183

(1)The lessor must ensure the tenant has vacant possession of the premises (other than a part of the premises that the tenant does not have a right to occupy exclusively) on the day the tenant is entitled to occupy the premises under this agreement.

Editor’s note—

Parts of the premises where the tenant does not have a right to occupy exclusively may be identified in a special term.

(2)The lessor must take reasonable steps to ensure the tenant has quiet enjoyment of the premises.

(3)The lessor or the lessor’s agent must not interfere with the reasonable peace, comfort or privacy of the tenant in using the premises.

20Lessor’s right to enter the premises—ss 192–199

(1)The lessor or the lessor’s agent may enter the premises during the tenancy only if the obligations under sections 192 to 199 have been complied with.

Note—

See the information statement for details.

(2)The lessor or agent may, under section 193(4), enter the site to carry out maintenance of the site without giving the notice of entry required by section 193(1) if—

(a)a special term states the frequency with which the entry is required for carrying out the maintenance and the conditions under which the entry may be made; and

(b)the entry is made in accordance with the conditions.

Examples of conditions—

•the time and duration of the entry

•the type of maintenance for which the entry is allowed

21Tenant’s use of premises—ss 10 and 184

(1)The tenant may use the premises only as a place of residence or mainly as a place of residence or for another use allowed under a special term.

(2)The tenant must not—

(a)use the premises for an illegal purpose; or

(b)cause a nuisance by the use of the premises; or

Examples of things that may constitute a nuisance—

•using paints or chemicals on the premises that go onto or cause odours on adjoining land or sites

•causing loud noises

•allowing large amounts of water to escape onto adjoining land or sites

(c)interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant; or

(d)allow another person on the premises to interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant.

22Park rules—ss 52(3), 68 and 228–236

(1)This clause applies if the premises are moveable dwelling premises in a moveable dwelling park.

(2)The lessor must give the tenant a copy of the park rules for the moveable dwelling park when this agreement is given to the tenant for signing.

(3)If a park rule is changed, the lessor must give the tenant a copy of the rule as changed as soon as practicable after the change takes effect.

(4)If the tenant has been given a copy of the park rules, the tenant must comply with the rules.

(5)The tenant must comply with a changed park rule if the change has taken effect and the tenant has been given a copy of the rule as changed.

Note—

See the information statement and sections 228 to 236 for what park rules may be made about, how they may be changed and when a change takes effect.

(6)Subclause (2) does not apply if—

(a)this agreement has the effect of continuing the tenant’s right to occupy the premises under an earlier residential tenancy agreement; and

(b)the lessor gave the tenant a copy of the park rules in relation to the earlier agreement.

23Number of occupants allowed

No more than the number of persons stated in this agreement for item 15 may reside at the premises.

25Lessor’s obligations—ss 185–187

(1)At the start of the tenancy, the lessor must—

(a)if the premises are site-only premises—ensure the premises are clean and a fit site for a moveable dwelling; and

(b)if the premises are not site-only premises, ensure—

(i)the premises are clean and fit for the tenant to live in and are in good repair; and

(ii)the lessor is not in breach of a law dealing with issues about the health or safety of persons using or entering the premises; and

(c)if the premises are moveable dwelling premises in a moveable dwelling park and the lessor is not a home owner for the premises, ensure—

(i)the facilities in the moveable dwelling park are clean, fit for the tenant to use and in good repair; and

(ii)the lessor is not in breach of a law dealing with issues about the health or safety of persons using or entering the facilities; and

(d)ensure the premises and inclusions otherwise comply with any prescribed minimum housing standards applying to the premises or inclusions.

(2)While the tenancy continues, the lessor must—

(a)if the premises are site-only premises—ensure the premises remain a fit site for a moveable dwelling; and

(b)if the premises are not site-only premises—

(i)maintain the premises in good repair and in a way that the premises remain fit for the tenant to live in; and

(ii)ensure any law dealing with issues about the health or safety of persons using or entering the premises is complied with; and

(iii)keep any common area included in the premises clean; and

(c)if the premises are moveable dwelling premises in a moveable dwelling park and the lessor is not a home owner for the premises—

(i)keep the facilities in the moveable dwelling park clean; and

(ii)maintain the facilities in good repair and in a way that the facilities remain fit for the tenant to use; and

(iii)ensure the lessor is not in breach of a law dealing with issues about the health or safety of persons using the facilities; and

(d)ensure the premises and inclusions otherwise comply with any prescribed minimum housing standards applying to the premises or inclusions.

Note—

For details about the maintenance, see the information statement.

(3)If the premises are site-only premises, the lessor may, while the tenancy continues, make any improvements to the premises the lessor considers appropriate.

(4)In this clause—

premises, other than site-only premises, include any common area available for use by the tenant with the premises.

26Tenant’s obligations generally—ss 188(2), (3) and (5) and 190

(1)If the premises are not site-only premises, the tenant—

(a)must keep the premises clean, having regard to their condition at the start of the tenancy; and

(b)must not maliciously damage, or allow someone else to maliciously damage, the premises.

(2)If the premises are site-only premises, the tenant must keep the premises in a way that does not detract from the general standards of the moveable dwelling park, or other general area, where the premises are situated.

(3)The obligation under subclause (2) applies having regard to the condition of the premises at the start of the tenancy and any improvements made later by the lessor.

(4)The tenant’s obligations under subclause (1) do not apply to the extent the obligations would have the effect of requiring the tenant to repair, or compensate the lessor for, damage to the premises or inclusions caused by an act of domestic violence experienced by the tenant.

27Tenant’s obligations for facilities in moveable dwelling park—s 189

(1)This clause applies only to an agreement for moveable dwelling premises in a moveable dwelling park.

(2)The tenant must not—

(a)do anything to a facility in the park that makes the facility unfit for use or detracts from its appearance; or

(b)intentionally or negligently damage a facility in the park.

28Fixtures or structural changes—ss 207–209

(1)The tenant may attach a fixture, or make a structural change, to the premises only if the lessor agrees to the fixture’s attachment or the structural change.

Note—

Fixtures are items generally permanently attached to land or to a building that are intended to become part of the land or building. An attachment may include, for example, something glued, nailed or screwed to a wall.

(2)The lessor’s agreement must be written, describe the nature of the fixture or change and include any terms of this agreement.

Examples of terms—

•that the tenant may remove the fixture

•that the tenant must repair damage caused when removing the fixture

•that the lessor must pay for the fixture if the tenant can not remove it

(3)If the lessor does agree, the tenant must comply with the terms of the lessor’s agreement.

(4)The lessor must not act unreasonably in failing to agree.

(5)If the tenant attaches a fixture, or makes a structural change, to the premises without the lessor’s agreement, the lessor may—

(a)take action for a breach of a term of this agreement; or

(b)waive the breach (that is, not take action for the breach) and treat the fixture or change as an improvement to the premises for the lessor’s benefit (that is, treat it as belonging to the lessor, without having to pay the tenant for it).

29Supply of locks and keys—s 210

(1)The lessor must supply and maintain all locks necessary to ensure the premises are reasonably secure.

(2)The lessor must give the tenant, or if there is more than 1 tenant, 1 of the tenants, a key for each lock that—

(a)secures an entry to the premises; or

(b)secures a road or other place normally used to gain access to, or leave, the area or building in which the premises are situated; or

(c)is part of the premises.

(3)If there is more than 1 tenant, the lessor must give the other tenants a key for the locks mentioned in subclause (2)(a) and (b).

30Changing locks—ss 211 and 212

(1)The lessor or tenant may change a lock at the premises only if—

(a)the other party to this agreement agrees to the change; or

(b)the lessor or tenant has a reasonable excuse for making the change; or

(c)the lessor or tenant believes the change is necessary because of an emergency; or

(d)the lock is changed to comply with an order of the tribunal.

(2)However, the tenant may also change a lock at the premises if the tenant—

(a)believes the change is necessary to protect the tenant or another occupant of the premises from domestic violence; and

(b)engages a locksmith or other qualified tradesperson to change the lock.

(3)The lessor or tenant must not act unreasonably in failing to agree to the change of a lock.

(4)If the lessor or tenant changes a lock, the lessor or tenant must give the other party to this agreement a key for the changed lock, unless—

(a)the other party agrees to not being given the key; or

(b)a tribunal orders that the key not be given to the other party.

(5)If the tenant changes a lock under subclause (2) and gives the lessor a key for the changed lock, the lessor must not give the key to any other person without the tenant’s agreement or a reasonable excuse.

(6)The right of the lessor or tenant to change a lock under this clause is subject to any of the following laws that apply to the premises—

(a)the Body Corporate and Community Management Act 1997;

(b)the Building Units and Group Titles Act 1980;

(c)a body corporate by-law.

31Meaning of emergency and routine repairs—ss 214 and 215

(1)Emergency repairs are works needed to repair any of the following—

(a)a burst water service or serious water service leak;

(b)a blocked or broken lavatory system;

(c)a serious roof leak;

(d)a gas leak;

(e)a dangerous electrical fault;

(f)flooding or serious flood damage;

(g)serious storm, fire or impact damage;

(h)a failure or breakdown of the gas, electricity or water supply to the premises;

(i)a failure or breakdown of an essential service or appliance on the premises for hot water, cooking or heating;

(j)a fault or damage that makes the premises unsafe or insecure;

(k)a fault or damage likely to injure a person, damage property or unduly inconvenience a resident of the premises;

(l)a serious fault in a staircase, lift or other common area of the premises that unduly inconveniences a resident in gaining access to, or using, the premises.

(2)Also, emergency repairs are works needed for the premises or inclusions to comply with the prescribed minimum housing standards.

(3)Routine repairs are repairs other than emergency repairs.

32Nominated repairer for emergency repairs—s 216

(1)The lessor’s nominated repairer for emergency repairs of a particular type must be stated either—

(a)in this agreement for item 17; or

(b)in a written notice given by the lessor to the tenant.

(2)Item 17 or the written notice must state—

(a)the name and telephone number of the nominated repairer; and

(b)whether or not the nominated repairer is the tenant’s first point of contact for notifying of the need for emergency repairs.

(3)The lessor must give written notice to the tenant of any change of the lessor’s nominated repairer or the telephone number of the nominated repairer.

(4)This clause does not apply if—

(a)the lessor has given the tenant a telephone number of the lessor; and

(b)under this agreement the lessor is to arrange for emergency repairs to be made to the premises or inclusions.

33Notice of damage—s 217

(1)If the tenant knows the premises have been damaged, the tenant must give notice as soon as practicable of the damage.

(2)If the premises need routine repairs, the notice must be given to the lessor.

(3)If the premises need emergency repairs, the notice must be given to—

(a)the nominated repairer for the repairs; or

(b)if there is no nominated repairer for the repairs or the repairer can not be contacted—the lessor.

(4)This clause does not apply to the tenant for damage caused by an act of domestic violence experienced by the tenant.

34Emergency repairs arranged by tenant—ss 218 and 219

(1)The tenant may arrange for a suitably qualified person to make emergency repairs or apply to the tribunal under section 221 for orders about the repairs if—

(a)the tenant has been unable to notify the lessor or nominated repairer of the need for emergency repairs of the premises; or

(b)the repairs are not made within a reasonable time after notice is given.

(2)The maximum amount that may be incurred for emergency repairs arranged to be made by the tenant is an amount equal to the amount payable under this agreement for 4 weeks rent.

Note—

For how the tenant may require reimbursement for the repairs, see sections 219(2) and (3) and 220 and the information statement.

34AKeeping pets and other animals at premises—ss 184B and 184G

(1)The tenant may keep a pet or other animal at the premises only with the approval of the lessor.

(2)However, the tenant may keep a working dog at the premises without the lessor’s approval.

(3)The tenant has the approval of the lessor to keep a pet at the premises if keeping the pet at the premises is consistent with item 16.

Notes—

1If item 16 states 2 cats, the tenant is approved by the lessor to keep up to 2 cats at the premises.

2For additional approvals to keep a pet or other animal at the premises see clause 34C.

(4)An authorisation to keep the pet or working dog at the premises continues for the life of the pet or working dog and is not affected by any of the following matters—

(a)the ending of this agreement, if the tenant continues occupying the premises under a new agreement;

(b)a change in the lessor or lessor’s agent;

(c)for a working dog—the retirement of the dog from the service the dog provided as a working dog.

(5)An authorisation to keep a pet, working dog or other animal at the premises may be restricted by a body corporate by-law, park rule or other law about keeping animals at the premises.

Examples—

1The premises may be subject to a local law that limits the number or types of animals that may be kept at the premises.

2The premises may be subject to a body corporate by-law that requires the tenant to obtain approval from the body corporate before keeping a pet at the premises.

34BTenant responsible for pets and other animals—s 184C

(1)The tenant is responsible for all nuisance caused by a pet or other animal kept at the premises, including, for example, noise caused by the pet or other animal.

(2)The tenant is responsible for repairing any damage to the premises or inclusions caused by the pet or other animal.

(3)Damage to the premises or inclusions caused by the pet or other animal is not fair wear and tear.

34CRequest for approval to keep pet—ss 184D and 184E

(1)The tenant may, using the approved form, request the lessor’s approval to keep a stated pet at the premises.

(2)The lessor must respond to the tenant’s request within 14 days after receiving the request.

(3)The lessor’s response to the request must be in writing and state—

(a)whether the lessor approves or refuses the tenant’s request; and

(b)if the lessor approves the tenant’s request subject to conditions—the conditions of the approval; and

Note—

See clause 34D for limitations on conditions of approval to keep a pet at the premises.

(c)if the lessor refuses the tenant’s request—

(i)the grounds for the refusal; and

(ii)the reasons the lessor believes the grounds for the refusal apply to the request.

(4)The lessor may refuse the request for approval to keep a pet at the premises only on 1 or more of the following grounds—

(a)keeping the pet would exceed a reasonable number of animals being kept at the premises;

(b)the premises are unsuitable for keeping the pet because of a lack of appropriate fencing, open space or another thing necessary to humanely accommodate the pet;

(c)keeping the pet is likely to cause damage to the premises or inclusions that could not practicably be repaired for a cost that is less than the amount of the rental bond for the premises;

(d)keeping the pet would pose an unacceptable risk to the health and safety of a person, including, for example, because the pet is venomous;

(e)keeping the pet would contravene a law;

(f)keeping the pet would contravene a body corporate by-law or park rule applying to the premises;

(g)if the lessor proposed reasonable conditions for approval and the conditions comply with clause 34D—the tenant has not agreed to the conditions;

(h)the animal stated in the request is not a pet as defined in section 184A;

(i)keeping the pet would contravene a condition of a licence applying to the moveable dwelling premises;

(j)another ground prescribed by a regulation under section 184E(1)(j).

(5)The lessor is taken to approve the keeping of the pet at the premises if—

(a)the lessor does not comply with subclause (2); or

(b)the lessor’s response does not comply with subclause (3).

34DConditions for approval to keep pet at premises—s 184F

(1)The lessor’s approval to keep a pet at the premises may be subject to conditions if the conditions—

(a)relate only to keeping the pet at the premises; and

(b)are reasonable having regard to the type of pet and the nature of the premises; and

(c)are stated in the written approval given to the tenant in a way that is consistent with clause 34C(3).

(2)Without limiting subclause (1)(b), the following conditions of the lessor’s approval are taken to be reasonable—

(a)if the pet is not a type of pet ordinarily kept inside—a condition requiring the pet to be kept outside at the premises;

(b)if the pet is capable of carrying parasites that could infest the premises—a condition requiring the premises to be professionally fumigated at the end of the tenancy;

(c)if the pet is allowed inside the premises—a condition requiring carpets in the premises to be professionally cleaned at the end of the tenancy.

(3)A condition of the lessor’s approval to keep a pet at the premises is void if the condition—

(a)would have the effect of the lessor contravening section 171 or 172; or

(b)would, as a term of this agreement, be void under section 173; or

(c)would increase the rent or rental bond payable by the tenant; or

(d)would require any form of security from the tenant.

(4)For subclause (2), the premises are professionally fumigated, and carpets are professionally cleaned, if the fumigation and cleaning are done to a standard ordinarily achieved by businesses selling those services.

35General—ss 238 and 240

(1)Subject to clause 36, the tenant may transfer all or a part of the tenant’s interest under this agreement, or sublet the premises, only if the lessor agrees in writing or if the transfer or subletting is made under a tribunal order.

(2)The lessor must act reasonably in failing to agree to the transfer or subletting.

(3)The lessor is taken to act unreasonably in failing to agree to the transfer or subletting if the lessor acts in a capricious or retaliatory way.

(4)The lessor or the lessor’s agent must not require the tenant to pay, or accept from the tenant, an amount for the lessor’s agreement to a transfer or subletting by the tenant, other than an amount for the reasonable expenses incurred by the lessor in agreeing to the transfer or subletting.

36State assisted lessors or employees of lessor—s 237

(1)This clause applies if the lessor is an entity receiving assistance from the State to supply rented accommodation or if the tenant’s right to occupy the premises comes from the tenant’s terms of employment.

(2)The tenant may transfer the whole or part of the tenant’s interest under this agreement, or sublet the premises, only if the lessor agrees in writing to the transfer or subletting.

37Application of div 8

This division applies if the premises are moveable dwelling premises in a moveable dwelling park.

38Notice to relocate to another site—s 223

(1)The lessor may give a notice (notice to relocate) to the tenant requiring the tenant to relocate the moveable dwelling to another site in the moveable dwelling park within a stated period only if—

(a)either—

(i)the relocation is necessary to allow the carrying out of necessary or desirable work in the park or is because of an emergency or is for health or safety reasons; or

Examples of work that might be necessary or desirable—

maintenance, repairs, upgrading and restoration

(ii)the lessor is a home owner for the dwelling and the lessor must, under a site agreement under the Manufactured Homes (Residential Parks) Act 2003, reposition the moveable dwelling; and

(b)the other site is, as far as practicable, reasonably comparable to the site currently occupied by the tenant.

(2)The notice must identify the other site and state the period and the reasons for the relocation.

(3)If the relocation is because of an emergency or is for health or safety reasons, the period must be reasonable.

(4)Otherwise, the period must be a reasonable period of at least 1 month stated in the notice to relocate.

39Restriction against enforcing relocation—s 224

The lessor or the lessor’s agent must not take any action to enforce the tenant’s relocation under a notice to relocate unless the tenant agrees or a tribunal orders the tenant to relocate to the site mentioned in the notice.

40Effect of relocation—s 225

If the tenant complies with the notice to relocate given to the tenant, the site for this agreement is taken to be the site to which the tenant relocates.

41Costs and expenses of relocation—s 226

(1)The reasonable costs and expenses incurred by the tenant in complying with the notice to relocate are payable to the tenant by the lessor.

(2)The tribunal may, if the tenant applies, make an order requiring the lessor to pay the tenant the amount it considers the tenant is entitled to for the costs and expenses.

42Ending of agreement—s 277

(1)This agreement ends only if—

(a)the lessor and tenant agree, in a separate written document, to end this agreement; or

(b)the lessor gives a notice to leave premises to the tenant under section 326 and the tenant hands over vacant possession of the premises to the lessor on or after the handover day; or

(c)the tenant gives a notice of intention to leave premises to the lessor under section 327 and hands over vacant possession of the premises to the lessor on or after the handover day; or

(d)the tenant vacates, or is removed from, the premises after receiving a notice from a mortgagee or appointed person under section 317; or

(e)the tenant abandons the premises and the period for which the tenant paid rent has ended; or

(f)the tribunal makes an order terminating this agreement.

(2)Also, this agreement ends for a sole tenant if—

(a)the tenant gives the lessor a notice ending tenancy interest and hands over vacant possession of the premises; or

Note—

See chapter 5, part 1, division 3, subdivision 2A of the Act for the obligations of the lessor and tenant relating to a notice ending tenancy interest.

(b)the tenant dies.

Note—

See section 324A for when this agreement ends if a sole tenant dies.

43Condition premises must be left in—s 188(4) and (5)

(1)At the end of the tenancy, the tenant must leave the premises, as far as possible, in the same condition they were in at the start of the tenancy, fair wear and tear excepted.

Examples of what might be fair wear and tear—

•wear that happens during normal use

•changes that happen with ageing

(2)The tenant’s obligation mentioned in subclause (1) does not apply to the extent the obligation would have the effect of requiring the tenant to repair, or compensate the lessor for, damage to the premises or inclusions caused by an act of domestic violence experienced by the tenant.

44Keys

At the end of the tenancy, the tenant must return to the lessor all keys for the premises.

45Tenant’s forwarding address—s 205(2) and (3)

(1)When handing over possession of the premises, the tenant must, if the lessor or the lessor’s agent asks the tenant in writing to state the tenant’s new residential address, tell the lessor or the agent the tenant’s new residential address.

(2)However, subclause (1) does not apply if—

(a)the tenant has a reasonable excuse for not telling the lessor or agent the new address; or

(b)after experiencing domestic violence, the tenant ended this agreement, or the tenant’s interest in this agreement, under chapter 5, part 1, division 3, subdivision 2A of the Act.

46Exit condition report—s 66

(1)As soon as practicable after this agreement ends, the tenant must prepare, in the approved form, and sign a condition report for the premises and give 1 copy of the report to the lessor or the lessor’s agent.

Examples of what might be as soon as practicable—

when the tenant returns the keys to the premises to the lessor or the lessor’s agent

Note—

For the approved form for the condition report, see the information statement. The report may be very important in deciding who is entitled to a refund of the rental bond if there is a dispute about the condition of the premises.

(2)The lessor or the lessor’s agent must, within 3 business days after receiving the copy of the report—

(a)sign the copy; and

(b)if the lessor or agent does not agree with the report—show the parts of the report the lessor or agent disagrees with by marking the copy in an appropriate way; and

(c)if the tenant has given a forwarding address to the lessor or agent—make a copy of the report and return it to the tenant at the address.

(3)The lessor or agent must keep a copy of the condition report signed by both parties for at least 1 year after this agreement ends.

47Goods or documents left behind on premises—ss 363 and 364

(1)The tenant must take all of the tenant’s belongings from the premises at the end of the tenancy.

(2)The lessor may not treat belongings left behind as the lessor’s own property, but must deal with them under sections 363 and 364.

Note—

For details of the lessor’s obligations under sections 363 and 364, see the information statement. They may include an obligation to store goods and may allow the lessor to sell goods and pay the net sale proceeds (after storage and selling costs) to the public trustee. Under section 363(3), there is a prescribed storage period of 3 months for a caravan, its contents and other goods used in occupying the caravan. For other goods the prescribed storage period is 1 month.

48Supply of goods and services—s 171

(1)The lessor or the lessor’s agent must not require the tenant to buy goods or services from the lessor or a person nominated by the lessor or agent.

(2)Subclause (1) does not apply to—

(a)a requirement about a service charge; or

Note—

See section 164 for what is a service charge.

(b)a condition of an approval to keep a pet if the condition—

(i)requires the carpets to be cleaned, or the premises to be fumigated, at the end of the tenancy; and

(ii)complies with clause 34D; and

(iii)does not require the tenant to buy cleaning or fumigation services from a particular person or business.

49Lessor’s agent

(1)The name and address for service of the lessor’s agent is stated in this agreement for item 3.

(2)Unless a special term provides otherwise, the agent may—

(a)stand in the lessor’s place in any application to a tribunal by the lessor or the tenant; or

(b)do any thing else the lessor may do, or is required to do, under this agreement.

50Notices

(1)A notice under this agreement must be written and, if there is an approved form for the notice, in the approved form.

Note—

See the information statement for a list of the approved forms.

(2)A notice from the tenant to the lessor may be given to the lessor’s agent.

(3)A notice may be given to a party to this agreement or the lessor’s agent—

(a)by giving it to the party or agent personally; or

(b)if an address for service for the party or agent is stated in this agreement for item 1, 2 or 3—by leaving it at the address, sending it by prepaid post as a letter to the address; or

(c)if a facsimile number for the party or agent is stated in this agreement for item 1, 2 or 3 and item 4 indicates that a notice may be given by facsimile—by sending it by facsimile to the facsimile number in accordance with the Electronic Transactions (Queensland) Act 2001; or

(d)if an email address for the party or agent is stated in this agreement for item 1, 2 or 3 and item 4 indicates that a notice may be given by email—by sending it electronically to the email address in accordance with the Electronic Transactions (Queensland) Act 2001.

(4)A party or the lessor’s agent may withdraw his or her consent to notices being given to them by facsimile or email only by giving notice to each other party that notices are no longer to be given to the party or agent by facsimile or email.

(5)If no address for service is stated in this agreement for item 2 for the tenant, the tenant’s address for service is taken to be the address of the premises.

(6)A party or the lessor’s agent may change his or her address for service, facsimile number or email address only by giving notice to each other party of a new address for service, facsimile number or email address.

(7)On the giving of a notice of a new address for service, facsimile number or email address for a party or the lessor’s agent, the address for service, facsimile number or email address stated in the notice is taken to be the party’s or agent’s address for service, facsimile number or email address stated in this agreement for item 1, 2 or 3.

(8)Unless the contrary is proved—

(a)a notice left at an address for service is taken to have been received by the party to whom the address relates when the notice was left at the address; and

(b)a notice sent by post is taken to have been received by the person to whom it was addressed when it would have been delivered in the ordinary course of post; and

(c)a notice sent by facsimile is taken to have been received at the place where the facsimile was sent when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; and

(d)a notice sent by email is taken to have been received by the recipient when the email enters the recipient’s email server.

sch 2 amd 2022 SL No. 95 ss 23–41; 2023 Act No. 8 ss 58L–58M; 2023 SL No. 180 s 3; 2024 SL No. 160 ss 12–16

section 8

1Lessor

1.1Lessor’s name and address for service.

1.2Any other contact details for the lessor.

Note—

Item 1.2 is optional.

2Tenant

2.1Tenant’s name.

2.2Any address for service or other contact details for the tenant.

Note—

Item 2.2 is optional. See clause 42.

3Lessor’s agent

3.1If the lessor has an agent, the agent’s name and address for service.

3.2Any other contact details for the agent.

Note—

Item 3.2 is optional.

4Service of notices by email or facsimile

4.1Whether a notice may be given to the lessor by email or facsimile.

4.2Whether a notice may be given to the tenant by email or facsimile.

4.3Whether a notice may be given to the lessor’s agent by email or facsimile.

5Premises

5.1The address of the premises.

5.2Any inclusions for the premises.

Examples of inclusions—

furniture or other household goods let with the premises

5.3Details of any repair orders applying to the premises or inclusions for the premises.

6Term of agreement

6.1Whether the agreement is a fixed term agreement or a periodic agreement.

6.2The day the agreement starts.

6.3If the agreement is a fixed term agreement, the day the agreement finishes.

7Rent—amount

The rent amount and whether it must be paid weekly, fortnightly or monthly.

Note—

See clause 8.

8Rent—day of payment

The day of each week, fortnight or month on which the rent must be paid.

Note—

See clause 9(1).

9Rent—methods of payment

The ways for the tenant to pay the rent.

10Rent—place of payment

Where the rent must be paid.

Note—

Item 10 is optional. See clause 9(4) to (6).

11Rental bond

The amount of any rental bond.

Note—

See clause 11.

12Services

12.1Any services supplied to the premises, other than water, for which the tenant must pay.

Examples of services—

electricity and gas

Note—

See clause 14.

12.2Whether the tenant must pay for water supplied to the premises.

Note—

See clause 15.

13Apportionment of charges

For each service listed for item 12.1, other than a service for which the premises are individually metered, the apportionment of the cost of the service that the tenant must pay.

Example of how an apportionment might be worked out—

the tenant must pay a percentage of the total charge

Note—

See clause 14(c).

14How services must be paid for

For each service listed for item 12.1, how the tenant must pay for the service.

Note—

See clause 14(d).

15Number of occupants

The number of persons allowed to reside at the premises.

Note—

See clause 21.

16Body corporate by-laws

16.1Whether body corporate by-laws apply to the tenant’s occupation of the premises.

16.2Whether the tenant has been given a copy of the relevant by-laws.

Note—

See clause 20.

17Pets

The type and number of pets approved by the lessor to be kept at the premises.

Note—

See clauses 31A to 31D.

18Nominated repairers

18.1The name and telephone number of the lessor’s nominated repairer for each of the following repairs—

(a)electrical repairs;

(b)plumbing repairs;

(c)other repairs.

18.2Whether or not the nominated repairer is the tenant’s first point of contact for notifying of the need for emergency repairs.

Note—

This item does not apply if clause 29 does not apply (see clause 29(4)).

1Interpretation

In this agreement—

(a)a reference to the premises includes a reference to any inclusions for the premises stated in this agreement for item 5.2; and

(b)a reference to a numbered section is a reference to the section in the Act with that number; and

(c)a reference to a numbered item is a reference to the item with that number in part 1; and

(d)a reference to a numbered clause is a reference to the clause of this agreement with that number.

2Terms of a State tenancy agreement

(1)This part states, under the Residential Tenancies and Rooming Accommodation Act 2008 (the Act), section 55, the standard terms of a State tenancy agreement.

(2)The Act also imposes duties on, and gives entitlements to, the lessor and tenant that are taken to be included as terms of this agreement.

(3)The lessor and tenant may agree on other terms of this agreement (special terms).

(4)A duty or entitlement under the Act overrides a standard term or special term if the term is inconsistent with the duty or entitlement.

(5)A standard term overrides a special term if they are inconsistent.

Note—

Some breaches of this agreement may also be an offence under the Act, for example, if—

•the lessor or the lessor’s agent enters the premises in contravention of the rules of entry under sections 192 to 199; or

•the tenant does not sign and return the condition report to the lessor or the lessor’s agent under section 65.

3More than 1 lessor or tenant

(1)This clause applies if more than 1 person is named in this agreement for item 1 or 2.

(2)Each lessor named in this agreement for item 1 must perform all of the lessor’s obligations under this agreement.

(3)Each tenant named in this agreement for item 2—

(a)holds their interest in the tenancy as a tenant in common unless a special term states the tenants are joint tenants; and

(b)must perform all the tenant’s obligations under this agreement.

4Start of tenancy

(1)The tenancy starts on the day stated in this agreement for item 6.2.

(2)However, if no day is stated or if the stated day is before the signing of this agreement, the tenancy starts when the tenant is or was given a right to occupy the premises.

5Entry condition report—s 65

(1)The lessor must prepare, in the approved form, sign and give the tenant 1 copy of a condition report for the premises.

(2)The copy must be given on or before the day the tenant occupies the premises under this agreement.

(3)The tenant must mark the copy of the report to show any parts the tenant disagrees with, and sign and return the copy to the lessor not later than 7 days after the later of the following days—

(a)the day the tenant occupies the premises;

(b)the day the tenant is given the copy of the condition report.

Note—

A well completed condition report can be very important to help the parties if there is a dispute about the condition of the premises when the tenancy started. For more information about condition reports, see the information statement.

(4)After the copy of the condition report is returned to the lessor by the tenant, the lessor must copy the condition report and return it to the tenant within 14 days.

(5)However, the lessor does not have to prepare a condition report for the premises if—

(a)this agreement has the effect of continuing the tenant’s right to occupy the premises under an earlier residential tenancy agreement; and

(b)in accordance with the Act, a condition report was prepared for the premises for the earlier residential tenancy agreement.

(6)If a condition report is not prepared for this agreement because subclause (5) applies, the condition report prepared for the earlier residential tenancy agreement is taken to be the condition report for this agreement.

6Continuation of a fixed term agreement—s 70

(1)This clause applies if—

(a)this agreement is a fixed term agreement; and

(b)none of the following notices are given, or agreements or applications made before the day the term ends (the end day)—

(i)a notice to leave;

(ii)a notice of intention to leave;

(iii)an abandonment termination notice;

(iv)a notice, agreement or application relating to the death of a sole tenant under section 277(7);

(v)a written agreement between the lessor and tenant to end the agreement.

(2)This agreement, other than a term about this agreement’s term, continues to apply on the basis that the tenant is holding over under a periodic agreement.

Note—

For more information about the notices, see the information statement.

7Costs apply to early ending of fixed term agreement—s 357A

(1)This clause applies if—

(a)this agreement is a fixed term agreement; and

(b)the tenant ends this agreement before the term ends in a way not permitted under the Act.

(2)The tenant must pay the reletting costs under section 357A(3).

Note—

For when the tenant may end this agreement early under the Act, see clause 34 and the information statement.

(3)This clause does not apply if, after experiencing domestic violence, the tenant ends this agreement or the tenant’s interest in this agreement under chapter 5, part 1, division 3, subdivision 2A of the Act.

8Amount

(1)The amount of the rent is—

(a)if the lessor is the chief executive of the department in which the Housing Act 2003 is administered, acting on behalf of the State—the amount calculated by the chief executive from time to time under the Public Housing Procedures Manual published by the department; or

Editor’s note—

The Public Housing Procedures Manual may be inspected during business hours at any office of the department in which the Housing Act 2003 is administered.

(b)if the tenant is an officer or employee of the State and occupies the premises in connection with their employment—the amount calculated under an industrial award or agreement, contract of employment, or published departmental or agency policy relevant to the officer or employee; or

(c)otherwise—the amount stated in this agreement for item 7.

(2)In this clause—

published departmental or agency policy means a written departmental or agency policy available for inspection, free of charge, by a tenant to whom the policy relates.

9When, how and where rent must be paid—ss 83–85

(1)The rent must be paid at the times stated in this agreement for item 8.

(2)The rent must be paid—

(a)in a way stated in this agreement for item 9; or

(b)in the way agreed after the signing of this agreement by—

(i)the lessor or tenant giving the other party a notice proposing the way; and

(ii)the other party agreeing to the proposal in writing; or

(c)if the lessor intends to change the way rent is paid to a way that is not stated in this agreement for item 9 and no way is agreed to after the signing of this agreement—in a way the lessor proposes by written notice to the tenant under section 84A.

(3)The lessor must give the tenant written notice advising of the costs associated with the ways to pay rent offered to the tenant that the tenant would not reasonably be aware of if the lessor or lessor’s agent knows or could reasonably be expected to find out about the costs.

(4)The rent must be paid at the place stated in this agreement for item 10.

(5)However, if, after the signing of this agreement, the lessor gives a notice to the tenant stating a different place for payment and the place is reasonable, the rent must be paid at the place while the notice is in force.

(6)If no place is stated in this agreement for item 10 and there is no notice stating a place, the rent must be paid at an appropriate place.

Examples of an appropriate place—

•the lessor’s address for service

•the lessor’s agent’s office

10Rent in advance—s 87

The lessor may require the tenant to pay rent in advance only if the payment is no more than—

(a)for a periodic agreement—2 weeks rent; or

(b)for a fixed term agreement—1 month rent.

Note—

Under section 87(2), the lessor or the lessor’s agent must not require a payment of rent under this agreement in a period for which rent has already been paid.

11Rental bond required—ss 111 and 116

(1)If a rental bond is stated in this agreement for item 11, the tenant must pay to the lessor or the lessor’s agent the rental bond amount—

(a)if a special term requires the bond to be paid at a stated time—at the stated time; or

(b)if a special term requires the bond to be paid by instalments—by instalments; or

(c)otherwise—when the tenant signs this agreement.

Note—

There is a maximum bond that may be required. See section 146 and the information statement.

(2)The lessor or the lessor’s agent must, within 10 days of receiving the bond or a part of the bond, pay it to the authority and give the authority a notice, in the approved form, about the bond.

(3)The bond is intended to be available to financially protect the lessor if the tenant breaches this agreement.

Example—

The lessor may claim against the bond if the tenant does not leave the premises in the required condition at the end of the tenancy.

Note—

For how to apply to the authority or a tribunal for the bond at the end of the tenancy, see the information statement and sections 125 to 141. Delay in applying may mean that payment is made on another application for payment.

12Increase in bond—s 154

(1)The tenant must increase the rental bond if—

(a)the rent increases and the lessor gives notice to the tenant to increase the bond; and

(b)the notice is given at least 11 months after—

(i)this agreement started; or

(ii)if the bond has been increased previously by a notice given under this clause—the day stated in the notice, or the last notice, for making the increase.

(2)The notice must state the increased amount and a day by which the increase must be made.

(3)For subclause (2), the day must be at least 1 month after the tenant is given the notice.

13Outgoings—s 163

(1)The lessor must pay all charges, levies, premiums, rates or taxes for the premises, other than a service charge.

Examples—

council general rates, sewerage charges, environment levies, land tax

(2)This clause does not apply if—

(a)the lessor is the State; and

(b)rent is not payable under the agreement; and

(c)the tenant is an entity receiving financial or other assistance from the State to supply rented accommodation to persons.

14General service charges—ss 164 and 165

The tenant must pay a service charge, other than a water service charge, for a service supplied to the premises during the tenancy if—

(a)the tenant enjoys or shares the benefit of the service; and

(b)the service is stated in this agreement for item 12.1; and

(c)either—

(i)the premises are individually metered for the service; or

(ii)this agreement states for item 13 how the tenant’s apportionment of the cost of the service is to be worked out; and

(d)this agreement states for item 14 how the charge may be recovered by the lessor from the tenant.

Note—

Section 165(3) limits the amount the tenant must pay.

15Water service charges—ss 164, 166 and 166A

(1)The tenant must pay an amount for the water consumption charges for the premises if—

(a)the tenant is enjoying or sharing the benefit of a water service to the premises; and

(b)the premises are individually metered for the supply of water or water is supplied to the premises by delivery by means of a vehicle; and

(c)this agreement states for item 12.2 that the tenant must pay for water supplied to the premises.

Note—

A water consumption charge does not include the amount of a water service charge that is a fixed charge for the water service.

(2)However, the tenant does not have to pay an amount—

(a)that is more than the amount of the water consumption charges payable to the relevant water supplier; or

(b)that is a fixed charge for the water service to the premises.

(3)Also, the tenant does not have to pay an amount for a reasonable quantity of water supplied to the premises for a period if, during the period, the premises are not water efficient for section 166.

Note—

For details about water efficiency, see the information statement.

(4)In deciding what is a reasonable quantity of water for subclause (3), regard must be had to the matters mentioned in section 169(4)(a) to (e).

(5)The lessor must give the tenant copies of relevant documents about the amount payable to the relevant water supplier within 4 weeks after the lessor receives the documents.

(6)The tenant must pay the amount of the charge to the lessor within 1 month of the lessor giving the tenant copies of relevant documents about the incurring of the amount.

(7)The tenant is not required to pay an amount for the water consumption charges if the tenant has not received a copy of the documents about the amount payable to the relevant water supplier.

(8)Subclause (9) applies if water consumption charges are payable for a period that includes part but not all of a period specified, or to be specified, in a water consumption charges document.

(9)The tenant may be required to pay an amount calculated under section 166A using—

(a)a meter reading for the premises recorded in a condition report; and

(b)a reasonable estimate of the volume of water supplied to the premises during the period for which water consumption charges are payable by the tenant mentioned in subclause (8); and

(c)the rate used to calculate the water consumption charge stated in the most recent water consumption charges document.

(10)In this clause—

water consumption charge, for premises, means the variable part of a water service charge assessed on the volume of water supplied to the premises.

Note—

If there is a dispute about how much water (or any other service charge) the tenant should pay, the lessor or the tenant may attempt to resolve the dispute by conciliation. See the information statement for details.

water consumption charges document means a document, issued to the lessor by the relevant water supplier, stating the amount of water consumption charges for the premises that are payable to the supplier.

16No legal impediments to occupation—s 181

The lessor must ensure there is no legal impediment to occupation of the premises by the tenant as a residence for the term of the tenancy if, when entering into this agreement, the lessor knew about the impediment or ought reasonably to have known about it.

Examples of possible legal impediments—

•a certificate might be required under the Building Act 1975 before the premises can lawfully be occupied

•the zoning of the land might prevent use of the land as a residence

17Vacant possession and quiet enjoyment—ss 182 and 183

(1)The lessor must ensure the tenant has vacant possession of the premises (other than a part of the premises that the tenant does not have a right to occupy exclusively) on the day the tenant is entitled to occupy the premises under this agreement.

Editor’s note—

Parts of the premises where the tenant does not have a right to occupy exclusively may be identified in a special term.

(2)The lessor must take reasonable steps to ensure the tenant has quiet enjoyment of the premises.

(3)The lessor or the lessor’s agent must not interfere with the reasonable peace, comfort or privacy of the tenant in using the premises.

18Lessor’s right to enter the premises—ss 192–199

The lessor or the lessor’s agent may enter the premises during the tenancy only if the obligations under sections 192 to 199 have been complied with.

Note—

See the information statement for details.

19Tenant’s use of premises—ss 10 and 184

(1)The tenant may use the premises only as a place of residence or mainly as a place of residence or for another use allowed under a special term.

(2)The tenant must not—

(a)use the premises for an illegal purpose; or

(b)cause a nuisance by the use of the premises; or

Examples of things that may constitute a nuisance—

•using paints or chemicals on the premises that go onto or cause odours on adjoining land

•causing loud noises

•allowing large amounts of water to escape onto adjoining land

(c)interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant; or

(d)allow another person on the premises to interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant.

20Units and townhouses—s 69

(1)The lessor must give the tenant a copy of any body corporate by-laws applicable to—

(a)the occupation of the premises; or

(b)any common area available for use by the tenant with the premises.

(2)The tenant must comply with the body corporate by-laws.

(3)Subclause (1) does not apply if—

(a)this agreement has the effect of continuing the tenant’s right to occupy the premises under an earlier residential tenancy agreement; and

(b)the lessor gave the tenant a copy of the body corporate by-laws in relation to the earlier agreement.

21Number of occupants allowed

No more than the number of persons stated in this agreement for item 15 may reside at the premises.

23Lessor’s obligations—s 185

(1)At the start of the tenancy, the lessor must ensure—

(a)the premises are clean; and

(b)the premises are fit for the tenant to live in; and

(c)the premises are in good repair; and

(d)the lessor is not in breach of a law dealing with issues about the health or safety of persons using or entering the premises; and

(e)the premises and inclusions otherwise comply with any prescribed minimum housing standards applying to the premises or inclusions.

(2)While the tenancy continues, the lessor must—

(a)maintain the premises in a way that the premises remain fit for the tenant to live in; and

(b)maintain the premises in good repair; and

(c)ensure the lessor is not in breach of a law dealing with issues about the health or safety of persons using or entering the premises; and

(d)keep any common area included in the premises clean; and

(e)ensure the premises and inclusions otherwise comply with any prescribed minimum housing standards applying to the premises or inclusions.

Note—

For details about the maintenance, see the information statement.

(3)However, the lessor is not required to comply with subclause (1)(c) or (2)(a) for any non-standard items and the lessor is not responsible for their maintenance if—

(a)the non-standard items are stated in this agreement and this agreement states the lessor is not responsible for their maintenance; and

(b)the non-standard items are not necessary and reasonable to make the premises a fit place in which to live; and

(c)the non-standard items are not a risk to health or safety; and

(d)for fixtures—the fixtures were not attached to the premises by the lessor.

(4)In this clause—

non-standard items means the fixtures attached to the premises and inclusions supplied with the premises stated in this agreement for item 5.2.

premises include any common area available for use by the tenant with the premises.

24Tenant’s obligations generally—s 188(2), (3) and (5)

(1)The tenant must keep the premises clean, having regard to their condition at the start of the tenancy.

(2)The tenant must not maliciously damage, or allow someone else to maliciously damage, the premises.

(3)The tenant’s obligations under this clause do not apply to the extent the obligations would have the effect of requiring the tenant to repair, or compensate the lessor for, damage to the premises or inclusions caused by an act of domestic violence experienced by the tenant.

25Fixtures or structural changes—ss 207–209

(1)The tenant may attach a fixture, or make a structural change, to the premises only if the lessor agrees to the fixture’s attachment or the structural change.

Note—

Fixtures are items generally permanently attached to land or to a building that are intended to become part of the land or building. An attachment may include, for example, something glued, nailed or screwed to a wall.

(2)The lessor’s agreement must be written, describe the nature of the fixture or change and include any terms of this agreement.

Examples of terms—

•that the tenant may remove the fixture

•that the tenant must repair damage caused when removing the fixture

•that the lessor must pay for the fixture if the tenant can not remove it

(3)If the lessor does agree, the tenant must comply with the terms of the lessor’s agreement.

(4)The lessor must not act unreasonably in failing to agree.

(5)If the tenant attaches a fixture, or makes a structural change, to the premises without the lessor’s agreement, the lessor may—

(a)take action for a breach of a term of this agreement; or

(b)waive the breach (that is, not take action for the breach) and treat the fixture or change as an improvement to the premises for the lessor’s benefit (that is, treat it as belonging to the lessor, without having to pay the tenant for it).

26Supply of locks and keys—s 210

(1)The lessor must supply and maintain all locks necessary to ensure the premises are reasonably secure.

(2)The lessor must give the tenant, or if there is more than 1 tenant, 1 of the tenants, a key for each lock that—

(a)secures an entry to the premises; or

(b)secures a road or other place normally used to gain access to, or leave, the area or building in which the premises are situated; or

(c)is part of the premises.

(3)If there is more than 1 tenant, the lessor must give the other tenants a key for the locks mentioned in subclause (2)(a) and (b).

27Changing locks—ss 211 and 212

(1)The lessor or tenant may change a lock at the premises only if—

(a)the other party to this agreement agrees to the change; or

(b)the lessor or tenant has a reasonable excuse for making the change; or

(c)the lessor or tenant believes the change is necessary because of an emergency; or

(d)the lock is changed to comply with an order of the tribunal.

(2)However, the tenant may also change a lock at the premises if the tenant—

(a)believes the change is necessary to protect the tenant or another occupant of the premises from domestic violence; and

(b)engages a locksmith or other qualified tradesperson to change the lock.

(3)The lessor or tenant must not act unreasonably in failing to agree to the change of a lock.

(4)If the lessor or tenant changes a lock, the lessor or tenant must give the other party to this agreement a key for the changed lock, unless—

(a)the other party agrees to not being given the key; or

(b)a tribunal orders that the key not be given to the other party.

(5)If the tenant changes a lock under subclause (2) and gives the lessor a key for the changed lock, the lessor must not give the key to any other person without the tenant’s agreement or a reasonable excuse.

(6)The right of the lessor or tenant to change a lock under this clause is subject to any of the following laws that apply to the premises—

(a)the Body Corporate and Community Management Act 1997;

(b)the Building Units and Group Titles Act 1980;

(c)a body corporate by-law.

28Meaning of emergency and routine repairs—ss 214 and 215

(1)Emergency repairs are works needed to repair any of the following—

(a)a burst water service or serious water service leak;

(b)a blocked or broken lavatory system;

(c)a serious roof leak;

(d)a gas leak;

(e)a dangerous electrical fault;

(f)flooding or serious flood damage;

(g)serious storm, fire or impact damage;

(h)a failure or breakdown of the gas, electricity or water supply to the premises;

(i)a failure or breakdown of an essential service or appliance on the premises for hot water, cooking or heating;

(j)a fault or damage that makes the premises unsafe or insecure;

(k)a fault or damage likely to injure a person, damage property or unduly inconvenience a resident of the premises;

(l)a serious fault in a staircase, lift or other common area of the premises that unduly inconveniences a resident in gaining access to, or using, the premises.

(2)Also, emergency repairs are works needed for the premises or inclusions to comply with the prescribed minimum housing standards.

(3)Routine repairs are repairs other than emergency repairs.

29Nominated repairer for emergency repairs—s 216

(1)The lessor’s nominated repairer for emergency repairs of a particular type must be stated either—

(a)in this agreement for item 18; or

(b)in a written notice given by the lessor to the tenant.

(2)Item 18 or the written notice must state—

(a)the name and telephone number of the nominated repairer; and

(b)whether or not the nominated repairer is the tenant’s first point of contact for notifying of the need for emergency repairs.

(3)The lessor must give written notice to the tenant of any change of the lessor’s nominated repairer or the telephone number of the nominated repairer.

(4)This clause does not apply if—

(a)the lessor has given the tenant a telephone number of the lessor; and

(b)under this agreement the lessor is to arrange for emergency repairs to be made to the premises or inclusions.

30Notice of damage—s 217

(1)If the tenant knows the premises have been damaged, the tenant must give notice as soon as practicable of the damage.

(2)If the premises need routine repairs, the notice must be given to the lessor.

(3)If the premises need emergency repairs, the notice must be given to—

(a)the nominated repairer for the repairs; or

(b)if there is no nominated repairer for the repairs or the repairer can not be contacted—the lessor.

(4)This clause does not apply to the tenant for damage caused by an act of domestic violence experienced by the tenant.

31Emergency repairs arranged by tenant—ss 218 and 219

(1)The tenant may arrange for a suitably qualified person to make emergency repairs or apply to the tribunal under section 221 for orders about the repairs if—

(a)the tenant has been unable to notify the lessor or nominated repairer of the need for emergency repairs of the premises; or

(b)the repairs are not made within a reasonable time after notice is given.

(2)The maximum amount that may be incurred for emergency repairs arranged to be made by the tenant is an amount equal to the amount payable under this agreement for 4 weeks rent.

Note—

For how the tenant may require reimbursement for the repairs, see sections 219(2) and (3) and 220 and the information statement.

31AKeeping pets and other animals at premises—ss 184B and 184G

(1)The tenant may keep a pet or other animal at the premises only with the approval of the lessor.

(2)However, the tenant may keep a working dog at the premises without the lessor’s approval.

(3)The tenant has the approval of the lessor to keep a pet at the premises if keeping the pet at the premises is consistent with item 17.

Notes—

1If item 17 states 2 cats, the tenant is approved by the lessor to keep up to 2 cats at the premises.

2For additional approvals to keep a pet or other animal at the premises see clause 31C.

(4)An authorisation to keep the pet or working dog at the premises continues for the life of the pet or working dog and is not affected by any of the following matters—

(a)the ending of this agreement, if the tenant continues occupying the premises under a new agreement;

(b)a change in the lessor or lessor’s agent;

(c)for a working dog—the retirement of the dog from the service the dog provided as a working dog.

(5)An authorisation to keep a pet, working dog or other animal at the premises may be restricted by a body corporate by-law or other law about keeping animals at the premises.

Examples—

1The premises may be subject to a local law that limits the number or types of animals that may be kept at the premises.

2The premises may be subject to a body corporate by-law that requires the tenant to obtain approval from the body corporate before keeping a pet at the premises.

31BTenant responsible for pets and other animals—s 184C

(1)The tenant is responsible for all nuisance caused by a pet or other animal kept at the premises, including, for example, noise caused by the pet or other animal.

(2)The tenant is responsible for repairing any damage to the premises or inclusions caused by the pet or other animal.

(3)Damage to the premises or inclusions caused by the pet or other animal is not fair wear and tear.

31CRequest for approval to keep pet—ss 184D and 184E

(1)The tenant may, using the approved form, request the lessor’s approval to keep a stated pet at the premises.

(2)The lessor must respond to the tenant’s request within 14 days after receiving the request.

(3)The lessor’s response to the request must be in writing and state—

(a)whether the lessor approves or refuses the tenant’s request; and

(b)if the lessor approves the tenant’s request subject to conditions—the conditions of the approval; and

Note—

See clause 31D for limitations on conditions of approval to keep a pet at the premises.

(c)if the lessor refuses the tenant’s request—

(i)the grounds for the refusal; and

(ii)the reasons the lessor believes the grounds for the refusal apply to the request.

(4)The lessor may refuse the request for approval to keep a pet at the premises only on 1 or more of the following grounds—

(a)keeping the pet would exceed a reasonable number of animals being kept at the premises;

(b)the premises are unsuitable for keeping the pet because of a lack of appropriate fencing, open space or another thing necessary to humanely accommodate the pet;

(c)keeping the pet is likely to cause damage to the premises or inclusions that could not practicably be repaired for a cost that is less than the amount of the rental bond for the premises;

(d)keeping the pet would pose an unacceptable risk to the health and safety of a person, including, for example, because the pet is venomous;

(e)keeping the pet would contravene a law;

(f)keeping the pet would contravene a body corporate by-law applying to the premises;

(g)if the lessor proposed reasonable conditions for approval and the conditions comply with clause 31D—the tenant has not agreed to the conditions;

(h)the animal stated in the request is not a pet as defined in section 184A;

(i)another ground prescribed by a regulation under section 184E(1)(j).

(5)The lessor is taken to approve the keeping of the pet at the premises if—

(a)the lessor does not comply with subclause (2); or

(b)the lessor’s response does not comply with subclause (3).

31DConditions for approval to keep pet at premises—s 184F

(1)The lessor’s approval to keep a pet at the premises may be subject to conditions if the conditions—

(a)relate only to keeping the pet at the premises; and

(b)are reasonable having regard to the type of pet and the nature of the premises; and

(c)are stated in the written approval given to the tenant in a way that is consistent with clause 31C(3).

(2)Without limiting subclause (1)(b), the following conditions of the lessor’s approval are taken to be reasonable—

(a)if the pet is not a type of pet ordinarily kept inside—a condition requiring the pet to be kept outside at the premises;

(b)if the pet is capable of carrying parasites that could infest the premises—a condition requiring the premises to be professionally fumigated at the end of the tenancy;

(c)if the pet is allowed inside the premises—a condition requiring carpets in the premises to be professionally cleaned at the end of the tenancy.

(3)A condition of the lessor’s approval to keep a pet at the premises is void if the condition—

(a)would have the effect of the lessor contravening section 171 or 172; or

(b)would, as a term of this agreement, be void under section 173; or

(c)would increase the rent or rental bond payable by the tenant; or

(d)would require any form of security from the tenant.

(4)For subclause (2), the premises are professionally fumigated, and carpets are professionally cleaned, if the fumigation and cleaning are done to a standard ordinarily achieved by businesses selling those services.

32Lessor’s agreement required—s 237

The tenant may transfer all or a part of the tenant’s interest under this agreement, or sublet the premises, only if the lessor agrees in writing to the transfer or subletting.

33Expenses that lessor may claim—s 240

The lessor or the lessor’s agent must not require the tenant to pay, or accept from the tenant, an amount for the lessor’s agreement to a transfer or subletting by the tenant, other than an amount for the reasonable expenses incurred by the lessor in agreeing to the transfer or subletting.

34Ending of agreement—s 277

(1)This agreement ends only if—

(a)the lessor and tenant agree, in a separate written document, to end this agreement; or

(b)the lessor gives a notice to leave premises to the tenant under section 326 and the tenant hands over vacant possession of the premises to the lessor on or after the handover day; or

(c)the tenant gives a notice of intention to leave premises to the lessor under section 327 and hands over vacant possession of the premises to the lessor on or after the handover day; or

(d)the tenant vacates, or is removed from, the premises after receiving a notice from a mortgagee or appointed person under section 317; or

(e)the tenant abandons the premises and the period for which the tenant paid rent has ended; or

(f)the tribunal makes an order terminating this agreement.

(2)Also, this agreement ends for a sole tenant if—

(a)the tenant gives the lessor a notice ending tenancy interest and hands over vacant possession of the premises; or

Note—

See chapter 5, part 1, division 3, subdivision 2A of the Act for the obligations of the lessor and tenant relating to a notice ending tenancy interest.

(b)the tenant dies.

Note—

See section 324A for when this agreement ends if a sole tenant dies.

35Condition premises must be left in—s 188(4) and (5)

(1)At the end of the tenancy, the tenant must leave the premises, as far as possible, in the same condition they were in at the start of the tenancy, fair wear and tear excepted.

Examples of what may be fair wear and tear—

•wear that happens during normal use

•changes that happen with ageing

(2)The tenant’s obligation mentioned in subclause (1) does not apply to the extent the obligation would have the effect of requiring the tenant to repair, or compensate the lessor for, damage to the premises or inclusions caused by an act of domestic violence experienced by the tenant.

36Keys

At the end of the tenancy, the tenant must return to the lessor all keys for the premises.

37Tenant’s forwarding address—s 205(2) and (3)

(1)When handing over possession of the premises, the tenant must, if the lessor or the lessor’s agent asks the tenant in writing to state the tenant’s new residential address, tell the lessor or the agent the tenant’s new residential address.

(2)However, subclause (1) does not apply if—

(a)the tenant has a reasonable excuse for not telling the lessor or agent the new address; or

(b)after experiencing domestic violence, the tenant ended this agreement, or the tenant’s interest in this agreement, under chapter 5, part 1, division 3, subdivision 2A of the Act.

38Exit condition report—s 66

(1)As soon as practicable after this agreement ends, the tenant must prepare, in the approved form, and sign a condition report for the premises and give 1 copy of the report to the lessor or the lessor’s agent.

Example of what might be as soon as practicable—

when the tenant returns the keys to the premises to the lessor or the lessor’s agent

Note—

For the approved form for the condition report, see the information statement. The report may be very important in deciding who is entitled to a refund of the rental bond if there is a dispute about the condition of the premises.

(2)The lessor or the lessor’s agent must, within 3 business days after receiving the copy of the report—

(a)sign the copy; and

(b)if the lessor or agent does not agree with the report—show the parts of the report the lessor or agent disagrees with by marking the copy in an appropriate way; and

(c)if the tenant has given a forwarding address to the lessor or agent—make a copy of the report and return it to the tenant at the address.

(3)The lessor or agent must keep a copy of the condition report signed by both parties for at least 1 year after this agreement ends.

39Goods or documents left behind on premises—ss 363 and 364

(1)The tenant must take all of the tenant’s belongings from the premises at the end of the tenancy.

(2)The lessor may not treat belongings left behind as the lessor’s own property, but must deal with them under sections 363 and 364.

Note—

For details of the lessor’s obligations under sections 363 and 364, see the information statement. They may include an obligation to store goods and may allow the lessor to sell goods and pay the net sale proceeds (after storage and selling costs) to the public trustee.

40Supply of goods and services—s 171

(1)The lessor or the lessor’s agent must not require the tenant to buy goods or services from the lessor or a person nominated by the lessor or agent.

(2)Subclause (1) does not apply to—

(a)a requirement about a service charge; or

Note—

See section 164 for what is a service charge.

(b)a condition of an approval to keep a pet if the condition—

(i)requires the carpets to be cleaned, or the premises to be fumigated, at the end of the tenancy; and

(ii)complies with clause 31D; and

(iii)does not require the tenant to buy cleaning or fumigation services from a particular person or business.

41Lessor’s agent

(1)The name and address for service of the lessor’s agent is stated in this agreement for item 3.

(2)Unless a special term provides otherwise, the agent may—

(a)stand in the lessor’s place in any application to a tribunal by the lessor or the tenant; or

(b)do any thing else the lessor may do, or is required to do, under this agreement.

42Notices

(1)A notice under this agreement must be written and, if there is an approved form for the notice, in the approved form.

Note—

See the information statement for a list of the approved forms.

(2)A notice from the tenant to the lessor may be given to the lessor’s agent.

(3)A notice may be given to a party to this agreement or the lessor’s agent—

(a)by giving it to the party or agent personally; or

(b)if an address for service for the party or agent is stated in this agreement for item 1, 2 or 3—by leaving it at the address, sending it by prepaid post as a letter to the address; or

(c)if a facsimile number for the party or agent is stated in this agreement for item 1, 2 or 3 and item 4 indicates that a notice may be given by facsimile—by sending it by facsimile to the facsimile number in accordance with the Electronic Transactions (Queensland) Act 2001; or

(d)if an email address for the party or agent is stated in this agreement for item 1, 2 or 3 and item 4 indicates that a notice may be given by email—by sending it electronically to the email address in accordance with the Electronic Transactions (Queensland) Act 2001.

(4)A party or the lessor’s agent may withdraw his or her consent to notices being given to them by facsimile or email only by giving notice to each other party that notices are no longer to be given to the party or agent by facsimile or email.

(5)If no address for service is stated in this agreement for item 2 for the tenant, the tenant’s address for service is taken to be the address of the premises.

(6)A party or the lessor’s agent may change his or her address for service, facsimile number or email address only by giving notice to each other party of a new address for service, facsimile number or email address.

(7)On the giving of a notice of a new address for service, facsimile number or email address for a party or the lessor’s agent, the address for service, facsimile number or email address stated in the notice is taken to be the party’s or agent’s address for service, facsimile number or email address stated in this agreement for item 1, 2 or 3.

(8)Unless the contrary is proved—

(a)a notice left at an address for service is taken to have been received by the party to whom the address relates when the notice was left at the address; and

(b)a notice sent by post is taken to have been received by the person to whom it was addressed when it would have been delivered in the ordinary course of post; and

(c)a notice sent by facsimile is taken to have been received at the place where the facsimile was sent when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; and

(d)a notice sent by email is taken to have been received by the recipient when the email enters the recipient’s email server.

sch 3 amd 2022 SL No. 95 ss 42–58; 2023 Act No. 8 s 58N; 2023 SL No. 180 s 4; 2024 SL No. 160 ss 17–20

section 8B

1Lessor

1.1Lessor’s name and address for service.

1.2Any other contact details for the lessor.

Note—

Item 1.2 is optional.

2Tenant

2.1Tenant’s name.

2.2Any address for service or other contact details for the tenant.

Note—

Item 2.2 is optional. See clause 41.

3Lessor’s agent

3.1If the lessor has an agent, the agent’s name and address for service.

3.2Any other contact details for the agent.

Note—

Item 3.2 is optional.

4Service of notices by email or facsimile

4.1Whether a notice may be given to the lessor by email or facsimile.

4.2Whether a notice may be given to the tenant by email or facsimile.

4.3Whether a notice may be given to the lessor’s agent by email or facsimile.

5Premises

5.1The address of the premises.

5.2Any inclusions for the premises.

Examples of inclusions—

furniture or other household goods let with the premises

5.3Details of any repair orders applying to the premises or inclusions for the premises.

6Term of agreement

6.1Whether the agreement is a fixed term agreement or a periodic agreement.

6.2The day the agreement starts.

6.3If the agreement is a fixed term agreement, the day the agreement finishes.

7Rent—amount

The rent amount and whether it must be paid weekly, fortnightly or monthly.

Note—

See clause 7.

8Rent—day of payment

The day of each week, fortnight or month on which the rent must be paid.

Note—

See clause 8(1).

9Rent—methods of payment

The ways for the tenant to pay the rent.

10Rent—place of payment

Where the rent must be paid.

Note—

Item 10 is optional. See clause 8(4) to (6).

11Rental bond

The amount of any rental bond.

Note—

See clause 10.

12Services

12.1Any services supplied to the premises, other than water, for which the tenant must pay.

Examples of services—

electricity and gas

Note—

See clause 13.

12.2Whether the tenant must pay for water supplied to the premises.

Note—

See clause 14.

13Apportionment of charges

For each service listed for item 12.1, other than a service for which the premises are individually metered, the apportionment of the cost of the service that the tenant must pay.

Example of how an apportionment might be worked out—

The tenant must pay a percentage of the total charge.

Note—

See clause 13(1)(c).

14How services must be paid for

For each service listed for item 12.1, how the tenant must pay for the service.

Note—

See clause 13(1)(d).

15Number of occupants

The number of persons allowed to reside at the premises.

Note—

See clause 20.

16Body corporate by-laws

16.1Whether body corporate by-laws apply to the tenant’s occupation of the premises.

16.2Whether the tenant has been given a copy of the relevant by-laws.

Note—

See clause 19.

17Pets

The type and number of pets approved by the lessor to be kept at the premises.

Note—

See clauses 30A to 30D.

18Nominated repairers

18.1The name and telephone number of the lessor’s nominated repairer for each of the following repairs—

(a)electrical repairs;

(b)plumbing repairs;

(c)other repairs.

18.2Whether or not the nominated repairer is the tenant’s first point of contact for notifying of the need for emergency repairs.

Note—

This item does not apply if clause 28 does not apply (see clause 28(4)).

1Interpretation

In this agreement—

(a)a reference to the premises includes a reference to any inclusions for the premises stated in this agreement for item 5.2; and

(b)a reference to a numbered section is a reference to the section in the Act with that number; and

(c)a reference to a numbered item is a reference to the item with that number in part 1; and

(d)a reference to a numbered clause is a reference to the clause of this agreement with that number.

2Terms of a community housing provider tenancy agreement

(1)This part states under the Residential Tenancies and Rooming Accommodation Act 2008 (the Act), section 527C the replacement terms of a community housing provider tenancy agreement.

(2)The Act also imposes duties on, and gives entitlements to, the lessor and tenant that are taken to be included as terms of this agreement.

(3)A duty or entitlement under the Act overrides a replacement term if the term is inconsistent with the duty or entitlement.

Note—

Some breaches of this agreement may also be an offence under the Act, for example, if—

•the lessor or the lessor’s agent enters the premises in contravention of the rules of entry under sections 192 to 199; or

•the tenant does not sign and return the condition report to the lessor or the lessor’s agent under section 66.

3More than 1 lessor or tenant

(1)This clause applies if more than 1 person is named in this agreement for item 1 or 2.

(2)Each lessor named in this agreement for item 1 must perform all of the lessor’s obligations under this agreement.

(3)Each tenant named in this agreement for item 2—

(a)holds their interest in the tenancy as a joint tenant; and

(b)must perform all the tenant’s obligations under this agreement; and

(c)is liable to pay the full amount of rent or other amounts owing from the tenant to the lessor under this agreement; and

(d)if a debt arises from any breach of this agreement, may be required to pay the full amount owing to the lessor and not just a part of the debt.

(4)By entering into this agreement as a joint tenant with another person, each tenant expressly authorises every other tenant to sign and give to the lessor any notice affecting their interest in the tenancy, and the lessor may accept and act on the notice as if it had been signed by all tenants without further enquiry.

(5)However, a notice of intention to leave will not be accepted by the lessor if it is not signed by all tenants unless the notice is accompanied by a statutory declaration from the person signing the notice certifying—

(a)all reasonable efforts have been made to seek and obtain a notice from all other tenants; and

(b)all persons named as joint tenants who have not signed the notice have vacated the premises.

4Start of tenancy

The day the tenancy under this agreement starts is the day stated in the notice given under section 527C(1) for the purposes of this agreement.

5Continuation of a fixed term agreement—s 70

(1)This clause applies if—

(a)this agreement is a fixed term agreement; and

(b)none of the following notices are given, or agreements or applications are made, before the day the term ends—

(i)a notice to leave;

(ii)a notice of intention to leave;

(iii)an abandonment termination notice;

(iv)a notice, agreement or application relating to the death of a sole tenant under section 277(7);

(v)a written agreement between the lessor and tenant to end the agreement.

(2)This agreement, other than a term about this agreement’s term, continues to apply on the basis that the tenant is holding over under a periodic agreement.

Note—

For more information about the notices, see the information statement.

6Costs apply to early ending of fixed term agreement—s 357A

(1)This clause applies if—

(a)this agreement is a fixed term agreement; and

(b)the tenant ends this agreement before the term ends in a way not permitted under the Act.

(2)The tenant must pay the reletting costs under section 357A(3).

Note—

For when the tenant may end this agreement early under the Act, see clause 33 and the information statement.

(3)This clause does not apply if, after experiencing domestic violence, the tenant ends this agreement or the tenant’s interest in this agreement under chapter 5, part 1, division 3, subdivision 2A of the Act.

7Amount

(1)The amount of rent for this agreement is the amount stated in the notice given under section 527C(5) for the purposes of this agreement.

(2)The amount must be no more than the maximum amount under the social housing rent policy.

(3)Subclause (4) applies if, during the tenancy, the lessor reasonably believes that—

(a)the housing service information given by the tenant is false or misleading in a material particular; or

(b)the housing service information given by the tenant has changed.

(4)The lessor may review the amount payable under this agreement and change the amount to another amount calculated under the social housing rent policy.

(5)If under subclause (4) the lessor changes the amount, the lessor must, as soon as practicable, give the tenant a written notice stating the new amount and when it takes effect.

(6)In this clause—

social housing rent policy means a written departmental policy available for inspection, free of charge, by a tenant to whom the policy relates.

Editor’s note—

The social housing rent policy is available on the department’s website at www.hpw.qld.gov.au.

8When, how and where rent must be paid—ss 83–85

(1)The rent must be paid at the times stated in this agreement for item 8.

(2)The rent must be paid—

(a)in a way stated in this agreement for item 9; or

(b)if the lessor intends to change the way rent is paid to a way that is not stated in this agreement for item 9 and no way is agreed to after the signing of this agreement—in a way the lessor proposes by written notice to the tenant under section 84A.

(3)The lessor must give the tenant written notice advising of the costs associated with the ways to pay rent offered to the tenant that the tenant would not reasonably be aware of if the lessor or lessor’s agent knows or could reasonably be expected to find out about the costs.

(4)The rent must be paid at the place stated in this agreement for item 10.

(5)However, if, after the start of this agreement, the lessor gives a notice to the tenant stating a different place for payment and the place is reasonable, the rent must be paid at the place while the notice is in force.

(6)If no place is stated in this agreement for item 10 and there is no notice stating a place, the rent must be paid at an appropriate place.

Examples of an appropriate place—

the lessor’s address for service, the lessor’s agent’s office

9Rent in advance—s 87

The lessor may require the tenant to pay rent in advance only if the payment is no more than—

(a)for a periodic agreement—2 weeks rent; or

(b)for a fixed term agreement—1 month rent.

Note—

Under section 87(2), the lessor or the lessor’s agent must not require a payment of rent under this agreement in a period for which rent has already been paid.

10Rental bond required—ss 111 and 116

(1)The lessor or the lessor’s agent may give the tenant a notice stating—

(a)the rental bond amount for this agreement; and

(b)whether the bond is to be paid by instalments.

(2)The tenant must pay to the lessor or the lessor’s agent the bond—

(a)if the bond is to be paid by instalments—by the date stated in the notice for each instalment; or

(b)otherwise—within 28 days of receiving the notice.

(3)The lessor or the lessor’s agent must, within 10 days of receiving the following, pay the bond to the authority and give the authority a notice, in the approved form, about the bond—

(a)if the bond is to be paid by instalments—the last instalment of the bond; or

(b)otherwise—the bond.

(4)The bond is intended to be available to financially protect the lessor if the tenant breaches this agreement.

Example—

The lessor may claim against the bond if the tenant does not leave the premises in the required condition at the end of the tenancy.

Note—

For how to apply to the authority or a tribunal for the bond at the end of the tenancy, see the information statement and sections 125 to 141. Delay in applying may mean that payment is made on another application for payment.

11Increase in bond—s 154

(1)The tenant must increase the rental bond if—

(a)the rent increases and the lessor gives notice to the tenant to increase the bond; and

(b)the notice is given at least 11 months after—

(i)this agreement started; or

(ii)if the bond has been increased previously by a notice given under this clause—the day stated in the notice, or the last notice, for making the increase.

(2)The notice must state the increased amount and a day by which the increase must be made.

(3)For subclause (2), the day must be at least 1 month after the tenant is given the notice.

12Outgoings—s 163

The lessor must pay all charges, levies, premiums, rates or taxes for the premises, other than a service charge.

Examples—

council general rates, sewerage charges, environment levies, land tax

13General service charges—ss 164 and 165

(1)The tenant must pay a service charge, other than a water service charge, for a service supplied to the premises during the tenancy if—

(a)the tenant enjoys or shares the benefit of the service; and

(b)the service is stated in this agreement for item 12.1; and

(c)either—

(i)the premises are individually metered for the service; or

(ii)this agreement states for item 13 how the tenant’s apportionment of the cost of the service is to be worked out; and

(d)this agreement states for item 14 how the charge may be recovered by the lessor from the tenant.

(2)If subclause (1) does not apply to this agreement, the lessor may give the tenant a written notice stating—

(a)for item 12.1, a service, other than a water service, is a service supplied to the premises for which the tenant must pay; and

(b)for item 13, if the premises are not individually metered for a service mentioned in paragraph (a)—the apportionment cost of the service for which the tenant must pay; and

(c)for item 14, how the tenant must pay a charge for the service (a general service charge).

(3)The notice—

(a)may be given only once for this agreement; and

(b)must not take effect for at least 28 days from the date the notice is given to the tenant.

(4)If the notice states a date that is less than 28 days from the date the notice is given, the general service charge becomes payable 28 days after the notice is given.

(5)The tenant must pay the general service charge during the tenancy in accordance with the notice.

Note—

Section 165(3) limits the amount the tenant must pay.

14Water service charges—ss 164, 166 and 166A

(1)The tenant must pay an amount for the water consumption charges for the premises if—

(a)the tenant is enjoying or sharing the benefit of a water service to the premises; and

(b)the premises are individually metered for the supply of water or water is supplied to the premises by delivery by means of a vehicle; and

(c)this agreement states for item 12.2 that the tenant must pay for water supplied to the premises.

Note—

A water consumption charge does not include the amount of a water service charge that is a fixed charge for the water service.

(2)However, the tenant does not have to pay an amount—

(a)that is more than the amount of the water consumption charges payable to the relevant water supplier; or

(b)that is a fixed charge for the water service to the premises.

(3)Also, the tenant does not have to pay an amount for a reasonable quantity of water supplied to the premises for a period if, during the period, the premises are not water efficient for section 166.

Note—

For details about water efficiency, see the information statement.

(4)In deciding what is a reasonable quantity of water for subclause (3), regard must be had to the matters mentioned in section 169(4)(a) to (e).

(5)The lessor must give the tenant copies of relevant documents about the amount payable to the relevant water supplier within 4 weeks after the lessor receives the documents.

(6)The tenant must pay the amount of the charge to the lessor within 1 month of the lessor giving the tenant copies of relevant documents about the incurring of the amount.

(7)The tenant is not required to pay an amount for the water consumption charges if the tenant does not receive a copy of the documents about the amount payable to the relevant water supplier.

(8)Subclause (9) applies if water consumption charges are payable for a period that includes part but not all of a period specified, or to be specified, in a water consumption charges document.

(9)The tenant may be required to pay an amount calculated under section 166A using—

(a)a meter reading for the premises recorded in a condition report; and

(b)a reasonable estimate of the volume of water supplied to the premises during the period for which water consumption charges are payable by the tenant mentioned in subclause (8); and

(c)the rate used to calculate the water consumption charge stated in the most recent water consumption charges document.

(10)If subclause (1) does not apply to this agreement, the lessor may give the tenant a written notice stating that the tenant must pay for water consumption charges in relation to the premises.

(11)The tenant must pay the water consumption charge during the tenancy in accordance with the notice.

(12)Subclauses (2) to (5) apply to a water consumption charge that is payable under the notice given under subclause (10).

(13)In this clause—

water consumption charge, for premises, means the variable part of a water service charge assessed on the volume of water supplied to the premises.

Note—

If there is a dispute about how much water (or any other service charge) the tenant should pay for, the lessor or the tenant may attempt to resolve the dispute by conciliation. See the information statement for details.

water consumption charges document means a document, issued to the lessor by the relevant water supplier, stating the amount of water consumption charges for the premises that are payable to the supplier.

15No legal impediments to occupation—s 181

The lessor must ensure there is no legal impediment to occupation of the premises by the tenant as a residence for the term of the tenancy if, when the tenancy started, the lessor knew about the impediment or ought reasonably to have known about it.

Examples of possible legal impediments—

•a certificate might be required under the Building Act 1975 before the premises can lawfully be occupied

•the zoning of the land might prevent use of the land as a residence

16Vacant possession and quiet enjoyment—ss 182 and 183

(1)The lessor must take reasonable steps to ensure the tenant has quiet enjoyment of the premises.

(2)The lessor or the lessor’s agent must not interfere with the reasonable peace, comfort or privacy of the tenant in using the premises.

17Lessor’s right to enter the premises—ss 192–199

The lessor or the lessor’s agent may enter the premises during the tenancy only if the obligations under sections 192 to 199 have been complied with.

Note—

See the information statement for details.

18Tenant’s use of premises—ss 10 and 184

(1)The tenant may use the premises only as a place of residence or mainly as a place of residence.

(2)The tenant must not—

(a)use the premises for an illegal purpose; or

(b)cause a nuisance by the use of the premises; or

Examples of things that may constitute a nuisance—

•using paints or chemicals on the premises that go onto or cause odours on adjoining land

•causing loud noises

•allowing large amounts of water to escape onto adjoining land

(c)interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant; or

(d)allow another person on the premises to interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant.

19Units and townhouses—s 69

(1)The lessor must give the tenant a copy of any body corporate by-laws applicable to—

(a)the occupation of the premises; or

(b)any common area available for use by the tenant with the premises.

(2)The tenant must comply with the body corporate by-laws.

(3)Subclause (1) does not apply if—

(a)this agreement has the effect of continuing the tenant’s right to occupy the premises under an earlier residential tenancy agreement; and

(b)the lessor gave the tenant a copy of the body corporate by-laws in relation to the earlier agreement.

20Number of occupants allowed

No more than the number of persons stated in this agreement for item 15 may reside at the premises.

22Lessor’s obligations—s 185

(1)During the tenancy, the lessor must—

(a)maintain the premises in a way that the premises remain fit for the tenant to live in; and

(b)maintain the premises in good repair; and

(c)ensure the lessor is not in breach of a law dealing with issues about the health or safety of persons using or entering the premises; and

(d)keep any common area included in the premises clean; and

(e)ensure the premises and inclusions otherwise comply with any prescribed minimum housing standards applying to the premises or inclusions.

Note—

For details about the maintenance, see the information statement.

(2)However, the lessor is not required to comply with subclause (1)(a) for any non-standard items and the lessor is not responsible for their maintenance if—

(a)the non-standard items are stated in a former agreement and the former agreement states the lessor is not responsible for their maintenance; and

(b)the non-standard items are not necessary and reasonable to make the premises a fit place in which to live; and

(c)the non-standard items are not a risk to health or safety; and

(d)for fixtures—the fixtures were not attached to the premises by the lessor.

(3)In this clause—

former agreement, in relation to this agreement, means the existing State tenancy agreement terminated and replaced by this agreement under section 527C.

non-standard items means the fixtures attached to the premises and inclusions supplied with the premises stated in a former agreement for item 5.2.

premises include any common area available for use by the tenant with the premises.

23Tenant’s obligations generally—s 188(2), (3) and (5)

(1)The tenant must keep the premises clean, having regard to their condition at the start of the tenancy.

(2)The tenant must not maliciously damage, or allow someone else to maliciously damage, the premises.

(3)The tenant’s obligations under subclause (1) do not apply to the extent the obligations would have the effect of requiring the tenant to repair, or compensate the lessor for, damage to the premises or inclusions caused by an act of domestic violence experienced by the tenant.

(4)In this clause—

start of the tenancy, in relation to the premises, means the start of the tenancy under the existing State tenancy agreement that was terminated and replaced under section 527C by this agreement.

24Fixtures or structural changes—ss 207–209

(1)The tenant may attach a fixture, or make a structural change, to the premises only if the lessor agrees to the fixture’s attachment or the structural change.

Note—

Fixtures are items generally permanently attached to land or to a building that are intended to become part of the land or building. An attachment may include, for example, something glued, nailed or screwed to a wall.

(2)The lessor’s agreement must be written, describe the nature of the fixture or change and include any terms of this agreement.

Examples of terms—

•that the tenant may remove the fixture

•that the tenant must repair damage caused when removing the fixture

•that the lessor must pay for the fixture if the tenant can not remove it

(3)If the lessor does agree, the tenant must comply with the terms of the lessor’s agreement.

(4)The lessor must not act unreasonably in failing to agree.

(5)If the tenant attaches a fixture (other than a fixture mentioned in subclause 6), or makes a structural change, to the premises without the lessor’s agreement, the lessor may—

(a)take action for a breach of a term of this agreement; or

(b)waive the breach (that is, not take action for the breach) and treat the fixture or change as an improvement to the premises (that is, treat it as not belonging to the tenant and not having to pay the tenant for it).

(6)However, if the tenant attached a fixture and the former lessor waived the breach under an existing State tenancy agreement that was terminated and replaced by this agreement under section 527C, the fixture is taken to be belonging to the tenant.

25Supply of locks and keys—s 210

(1)The lessor must supply and maintain all locks necessary to ensure the premises are reasonably secure.

(2)The lessor must give the tenant, or if there is more than 1 tenant, 1 of the tenants, a key for each lock that—

(a)secures an entry to the premises; or

(b)secures a road or other place normally used to gain access to, or leave, the area or building in which the premises are situated; or

(c)is part of the premises.

(3)If there is more than 1 tenant, the lessor must give the other tenants a key for the locks mentioned in subclause (2)(a) and (b).

(4)The tenant must, if requested by the lessor, give the lessor a key for a lock mentioned in subclause (2)(a) and (b) for the purpose of copying the key.

(5)The lessor must return the key as soon as possible but no later than 5.00pm on the same day it is given to the lessor, unless otherwise agreed between the lessor and the tenant.

26Changing locks—ss 211 and 212

(1)The lessor or tenant may change a lock at the premises only if—

(a)the other party to this agreement agrees to the change; or

(b)the lessor or tenant has a reasonable excuse for making the change; or

(c)the lessor or tenant believes the change is necessary because of an emergency; or

(d)the lock is changed to comply with an order of the tribunal.

(2)However, the tenant may also change a lock at the premises if the tenant—

(a)believes the change is necessary to protect the tenant or another occupant of the premises from domestic violence; and

(b)engages a locksmith or other qualified tradesperson to change the lock.

(3)The lessor or tenant must not act unreasonably in failing to agree to the change of a lock.

(4)If the lessor or tenant changes a lock, the lessor or tenant must give the other party to this agreement a key for the changed lock, unless—

(a)the other party agrees to not being given the key; or

(b)a tribunal orders that the key not be given to the other party.

(5)If the tenant changes a lock under subclause (2) and gives the lessor a key for the changed lock, the lessor must not give the key to any other person without the tenant’s agreement or a reasonable excuse.

(6)The right of the lessor or tenant to change a lock under this clause is subject to any of the following laws that apply to the premises—

(a)the Body Corporate and Community Management Act 1997;

(b)the Building Units and Group Titles Act 1980;

(c)a body corporate by-law.

27Meaning of emergency and routine repairs—ss 214 and 215

(1)Emergency repairs are works needed to repair any of the following—

(a)a burst water service or serious water service leak;

(b)a blocked or broken lavatory system;

(c)a serious roof leak;

(d)a gas leak;

(e)a dangerous electrical fault;

(f)flooding or serious flood damage;

(g)serious storm, fire or impact damage;

(h)a failure or breakdown of the gas, electricity or water supply to the premises;

(i)a failure or breakdown of an essential service or appliance on the premises for hot water, cooking or heating;

(j)a fault or damage that makes the premises unsafe or insecure;

(k)a fault or damage likely to injure a person, damage property or unduly inconvenience a resident of the premises;

(l)a serious fault in a staircase, lift or other common area of the premises that unduly inconveniences a resident in gaining access to, or using, the premises.

(2)Also, emergency repairs are works needed for the premises or inclusions to comply with the prescribed minimum housing standards.

(3)Routine repairs are repairs other than emergency repairs.

28Nominated repairer for emergency repairs—s 216

(1)The lessor’s nominated repairer for emergency repairs of a particular type must be stated either—

(a)in this agreement for item 18; or

(b)in a written notice given by the lessor to the tenant.

(2)Item 18 or the written notice must state—

(a)the name and telephone number of the nominated repairer; and

(b)whether or not the nominated repairer is the tenant’s first point of contact for notifying of the need for emergency repairs.

(3)The lessor must give written notice to the tenant of any change of the lessor’s nominated repairer or the telephone number of the nominated repairer.

(4)This clause does not apply if—

(a)the lessor has given the tenant a telephone number of the lessor; and

(b)under this agreement the lessor is to arrange for emergency repairs to be made to the premises or inclusions.

29Notice of damage—s 217

(1)If the tenant knows the premises have been damaged, the tenant must give notice as soon as practicable of the damage.

(2)If the premises need routine repairs, the notice must be given to the lessor.

(3)If the premises need emergency repairs, the notice must be given to—

(a)the nominated repairer for the repairs; or

(b)if there is no nominated repairer for the repairs or the repairer can not be contacted—the lessor.

(4)This clause does not apply to the tenant for damage caused by an act of domestic violence experienced by the tenant.

30Emergency repairs arranged by tenant—ss 218 and 219

(1)The tenant may arrange for a suitably qualified person to make emergency repairs or apply to the tribunal under section 221 for orders about the repairs if—

(a)the tenant has been unable to notify the lessor or nominated repairer of the need for emergency repairs of the premises; or

(b)the repairs are not made within a reasonable time after notice is given.

(2)The maximum amount that may be incurred for emergency repairs arranged to be made by the tenant is an amount equal to the amount payable under this agreement for 4 weeks rent.

Note—

For how the tenant may require reimbursement for the repairs, see sections 219(2) and (3) and 220 and the information statement.

30AKeeping pets and other animals at premises—ss 184B and 184G

(1)The tenant may keep a pet or other animal at the premises only with the approval of the lessor.

(2)However, the tenant may keep a working dog at the premises without the lessor’s approval.

(3)The tenant has the approval of the lessor to keep a pet at the premises if keeping the pet at the premises is consistent with item 17.

Notes—

1If item 17 states 2 cats, the tenant is approved by the lessor to keep up to 2 cats at the premises.

2For additional approvals to keep a pet or other animal at the premises see clause 30C.

(4)An authorisation to keep the pet or working dog at the premises continues for the life of the pet or working dog and is not affected by any of the following matters—

(a)the ending of this agreement, if the tenant continues occupying the premises under a new agreement;

(b)a change in the lessor or lessor’s agent;

(c)for a working dog—the retirement of the dog from the service the dog provided as a working dog.

(5)An authorisation to keep a pet, working dog or other animal at the premises may be restricted by a body corporate by-law or other law about keeping animals at the premises.

Examples—

1The premises may be subject to a local law that limits the number or types of animals that may be kept at the premises.

2The premises may be subject to a body corporate by-law that requires the tenant to obtain approval from the body corporate before keeping a pet at the premises.

30BTenant responsible for pets and other animals—s 184C

(1)The tenant is responsible for all nuisance caused by a pet or other animal kept at the premises, including, for example, noise caused by the pet or other animal.

(2)The tenant is responsible for repairing any damage to the premises or inclusions caused by the pet or other animal.

(3)Damage to the premises or inclusions caused by the pet or other animal is not fair wear and tear.

30CRequest for approval to keep pet—ss 184D and 184E

(1)The tenant may, using the approved form, request the lessor’s approval to keep a stated pet at the premises.

(2)The lessor must respond to the tenant’s request within 14 days after receiving the request.

(3)The lessor’s response to the request must be in writing and state—

(a)whether the lessor approves or refuses the tenant’s request; and

(b)if the lessor approves the tenant’s request subject to conditions—the conditions of the approval; and

Note—

See clause 30D for limitations on conditions of approval to keep a pet at the premises.

(c)if the lessor refuses the tenant’s request—

(i)the grounds for the refusal; and

(ii)the reasons the lessor believes the grounds for the refusal apply to the request.

(4)The lessor may refuse the request for approval to keep a pet at the premises only on 1 or more of the following grounds—

(a)keeping the pet would exceed a reasonable number of animals being kept at the premises;

(b)the premises are unsuitable for keeping the pet because of a lack of appropriate fencing, open space or another thing necessary to humanely accommodate the pet;

(c)keeping the pet is likely to cause damage to the premises or inclusions that could not practicably be repaired for a cost that is less than the amount of the rental bond for the premises;

(d)keeping the pet would pose an unacceptable risk to the health and safety of a person, including, for example, because the pet is venomous;

(e)keeping the pet would contravene a law;

(f)keeping the pet would contravene a body corporate by-law applying to the premises;

(g)if the lessor proposed reasonable conditions for approval and the conditions comply with clause 30D—the tenant has not agreed to the conditions;

(h)the animal stated in the request is not a pet as defined in section 184A;

(i)another ground prescribed by a regulation under section 184E(1)(j).

(5)The lessor is taken to approve the keeping of the pet at the premises if—

(a)the lessor does not comply with subclause (2); or

(b)the lessor’s response does not comply with subclause (3).

30DConditions for approval to keep pet at premises—s 184F

(1)The lessor’s approval to keep a pet at the premises may be subject to conditions if the conditions—

(a)relate only to keeping the pet at the premises; and

(b)are reasonable having regard to the type of pet and the nature of the premises; and

(c)are stated in the written approval given to the tenant in a way that is consistent with clause 30C(3).

(2)Without limiting subclause (1)(b), the following conditions of the lessor’s approval are taken to be reasonable—

(a)if the pet is not a type of pet ordinarily kept inside—a condition requiring the pet to be kept outside at the premises;

(b)if the pet is capable of carrying parasites that could infest the premises—a condition requiring the premises to be professionally fumigated at the end of the tenancy;

(c)if the pet is allowed inside the premises—a condition requiring carpets in the premises to be professionally cleaned at the end of the tenancy.

(3)A condition of the lessor’s approval to keep a pet at the premises is void if the condition—

(a)would have the effect of the lessor contravening section 171 or 172; or

(b)would, as a term of this agreement, be void under section 173; or

(c)would increase the rent or rental bond payable by the tenant; or

(d)would require any form of security from the tenant.

(4)For subclause (2), the premises are professionally fumigated, and carpets are professionally cleaned, if the fumigation and cleaning are done to a standard ordinarily achieved by businesses selling those services.

31Lessor’s agreement required—s 237

The tenant may transfer all or a part of the tenant’s interest under this agreement, or sublet the premises, only if the lessor agrees in writing to the transfer or subletting.

32Expenses that lessor may claim—s 240

The lessor or the lessor’s agent must not require the tenant to pay, or accept from the tenant, an amount for the lessor’s agreement to a transfer or subletting by the tenant, other than an amount for the reasonable expenses incurred by the lessor in agreeing to the transfer or subletting.

33Ending of agreement—s 277

(1)This agreement ends only if—

(a)the lessor and tenant agree, in a separate written document, to end this agreement; or

(b)the lessor gives a notice to leave premises to the tenant under section 326 and the tenant hands over vacant possession of the premises to the lessor on or after the handover day; or

(c)the tenant gives a notice of intention to leave premises to the lessor under section 327 and hands over vacant possession of the premises to the lessor on or after the handover day; or

(d)the tenant vacates, or is removed from, the premises after receiving a notice from a mortgagee or appointed person under section 317; or

(e)the tenant abandons the premises and the period for which the tenant paid rent has ended; or

(f)the tribunal makes an order terminating this agreement.

(2)Also, this agreement ends for a sole tenant if—

(a)the tenant gives the lessor a notice ending tenancy interest and hands over vacant possession of the premises; or

Note—

See chapter 5, part 1, division 3, subdivision 2A of the Act for the obligations of the lessor and tenant relating to a notice ending tenancy interest.

(b)the tenant dies.

Note—

See section 324A for when this agreement ends if a sole tenant dies.

34Condition premises must be left in—s 188(4) and (5)

(1)At the end of the tenancy, the tenant must leave the premises, as far as possible, in the same condition they were in at the start of the tenancy, fair wear and tear excepted.

Examples of what may be fair wear and tear—

wear that happens during normal use, changes that happen with ageing

(2)The tenant’s obligation mentioned in subclause (1) does not apply to the extent the obligation would have the effect of requiring the tenant to repair, or compensate the lessor for, damage to the premises or inclusions caused by an act of domestic violence experienced by the tenant.

(3)In this clause—

start of the tenancy, in relation to the premises, means the start of the tenancy under the existing State tenancy agreement that was terminated and replaced under section 527C by this agreement.

35Keys

At the end of the tenancy, the tenant must return to the lessor all keys for the premises.

36Tenant’s forwarding address—s 205(2) and (3)

(1)When handing over possession of the premises, the tenant must, if the lessor or the lessor’s agent asks the tenant in writing to state the tenant’s new residential address, tell the lessor or the agent the tenant’s new residential address.

(2)However, subclause (1) does not apply if—

(a)the tenant has a reasonable excuse for not telling the lessor or agent the new address; or

(b)after experiencing domestic violence, the tenant ended this agreement, or the tenant’s interest in this agreement, under chapter 5, part 1, division 3, subdivision 2A of the Act.

37Exit condition report—s 66

(1)As soon as practicable after this agreement ends, the tenant must prepare, in the approved form, and sign a condition report for the premises and give 1 copy of the report to the lessor or the lessor’s agent.

Example of what might be as soon as practicable—

when the tenant returns the keys to the premises to the lessor or the lessor’s agent

Note—

For the approved form for the condition report, see the information statement. The report may be very important in deciding who is entitled to a refund of the rental bond if there is a dispute about the condition of the premises.

(2)The lessor or the lessor’s agent must, within 3 business days after receiving the copy of the report—

(a)sign the copy; and

(b)if the lessor or agent does not agree with the report—show the parts of the report the lessor or agent disagrees with by marking the copy in an appropriate way; and

(c)if the tenant has given a forwarding address to the lessor or agent—make a copy of the report and return it to the tenant at the address.

(3)The lessor or agent must keep a copy of the condition report signed by both parties for at least 1 year after this agreement ends.

38Goods or documents left behind on premises—ss 363 and 364

(1)The tenant must take all of the tenant’s belongings from the premises at the end of the tenancy.

(2)The lessor may not treat belongings left behind as the lessor’s own property, but must deal with them under sections 363 and 364.

Note—

For details of the lessor’s obligations under sections 363 and 364, see the information statement. They may include an obligation to store goods and may allow the lessor to sell goods and pay the net sale proceeds (after storage and selling costs) to the public trustee.

39Supply of goods and services—s 171

(1)The lessor or the lessor’s agent must not require the tenant to buy goods or services from the lessor or a person nominated by the lessor or agent.

(2)Subclause (1) does not apply to—

(a)a requirement about a service charge; or

Note—

See section 164 for what is a service charge.

(b)a condition of an approval to keep a pet if the condition—

(i)requires the carpets to be cleaned, or the premises to be fumigated, at the end of the tenancy; and

(ii)complies with clause 30D; and

(iii)does not require the tenant to buy cleaning or fumigation services from a particular person or business.

40Lessor’s agent

(1)The name and address for service of the lessor’s agent is stated in this agreement for item 3.

(2)The agent may—

(a)stand in the lessor’s place in any application to a tribunal by the lessor or the tenant; or

(b)do any thing else the lessor may do, or is required to do, under this agreement.

41Notices

(1)A notice under this agreement must be written and, if there is an approved form for the notice, in the approved form.

Note—

See the information statement for a list of the approved forms.

(2)A notice from the tenant to the lessor may be given to the lessor’s agent.

(3)A notice may be given to a party to this agreement or the lessor’s agent—

(a)by giving it to the party or agent personally; or

(b)if an address for service for the party or agent is stated in this agreement for item 1, 2 or 3—by leaving it at the address or sending it by prepaid post as a letter to the address; or

(c)if a facsimile number for the party or agent is stated in this agreement for item 1, 2 or 3 and item 4 indicates that a notice may be given by facsimile—by sending it by facsimile to the facsimile number in accordance with the Electronic Transactions (Queensland) Act 2001; or

(d)if an email address for the party or agent is stated in this agreement for item 1, 2 or 3 and item 4 indicates that a notice may be given by email—by sending it electronically to the email address in accordance with the Electronic Transactions (Queensland) Act 2001.

(4)A party or the lessor’s agent may withdraw his or her consent to notices being given to them by facsimile or email only by giving notice to each other party that notices are no longer to be given to the party or agent by facsimile or email.

(5)If no address for service is stated in this agreement for item 2 for the tenant, the tenant’s address for service is taken to be the address of the premises.

(6)A party or the lessor’s agent may change his or her address for service, facsimile number or email address only by giving notice to each other party of a new address for service, facsimile number or email address.

(7)On the giving of a notice of a new address for service, facsimile number or email address for a party or the lessor’s agent, the address for service, facsimile number or email address stated in the notice is taken to be the party’s or agent’s address for service, facsimile number or email address stated in this agreement for item 1, 2 or 3.

(8)Unless the contrary is proved—

(a)a notice left at an address for service is taken to have been received by the party to whom the address relates when the notice was left at the address; and

(b)a notice sent by post is taken to have been received by the person to whom it was addressed when it would have been delivered in the ordinary course of post; and

(c)a notice sent by facsimile is taken to have been received at the place where the facsimile was sent when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; and

(d)a notice sent by email is taken to have been received by the recipient when the email enters the recipient’s email server.

42Eligibility

(1)The housing service information given by the tenant for a decision by the lessor to provide a housing service (including the type of housing service and the terms on which it is to be provided) must not be false or misleading in a material particular.

(2)The tenant must give the lessor notice of any change in the housing service information, within 28 days after the change, unless the tenant has a reasonable excuse.

(3)Unless the tenant has written authority from the lessor to do otherwise, the tenant must not—

(a)sublease the premises; or

(b)allow the premises to be used as the place of residence by anyone other than the tenant, the tenant’s family or other persons approved by the lessor.

(4)If the premises are a reviewable property under the department’s reviewable tenancies policy, the standard social housing eligibility criteria and additional eligibility conditions under the reviewable tenancies policy apply to the premises.

(5)The lessor must regularly review the tenant’s circumstances to determine continued eligibility for the reviewable property under the reviewable tenancies policy.

(6)If the tenant ceases to be eligible to continue to occupy the reviewable property, the tenant may be asked to move to alternative premises as outlined in the social housing eligibility criteria.

(7)Without limiting section 290, if the tenant refuses an offer of alternative premises under the reviewable tenancies policy, the lessor may issue the tenant with a notice to leave for ending of housing assistance.

(8)In this clause—

housing service information means—

(a)information about the identity and income of any person residing in the premises during the tenancy period (being the period while the premises are occupied under this agreement, including any renewal or extension of the agreement), including information about a person who—

(i)ceases to be an occupant; or

(ii)becomes an occupant; or

(b)information about the number of persons occupying the premises at a time during the tenancy period.

reviewable tenancies policy means a written departmental policy available for inspection, free of charge, by a tenant to whom the policy relates.

43Determination of rent

(1)This clause applies if, during or after the term of this agreement, the lessor decides to recalculate the amount of rent payable by the tenant because—

(a)the housing service information given by the tenant was false or misleading in a material particular; or

(b)the housing service information given by the tenant changed.

(2)The lessor may give a notice to the tenant stating—

(a)the ground for the notice under subclause (1); and

(b)the amount of the rent payable at the date of the notice; and

(c)the total amount owed by the tenant from the date when the correct housing service information applied to the premises to the date of the notice.

(3)The amount of rent owed under this clause is a debt owing to the lessor that is payable within 7 days of demand by the lessor.

44Prior housing assistance

(1)This clause applies if the State and tenant entered into a repayment agreement under an existing State tenancy agreement terminated and replaced by this agreement under section 527C.

(2)If the tenant does not pay an instalment to the State under the terms of the repayment agreement, the lessor may give a notice to leave under section 290.

(3)In this clause—

repayment agreement, in relation to an existing State tenancy agreement, means a written agreement entered into by the tenant and the State under the existing State tenancy agreement as a result of noncompliance with a housing assistance agreement.

45Swimming pools

(1)Without limiting clause 24, the tenant must not install or place upon the premises any type of swimming pool, other than a portable wading pool, unless the lessor agrees in writing.

(2)To avoid any doubt, it is declared that clause 24 applies to the agreement about the swimming pool, whether or not the pool is a fixture or a structural change to the premises.

(3)The tenant must at the tenant’s own expense comply with the requirements of any law for the installation, operation, maintenance or use of the swimming pool and the fencing around the swimming pool.

(4)In this clause—

portable wading pool see the Building Act 1975, schedule 2.

46Tenant obligations for smoke alarms

(1)This section applies to any smoke alarm installed in the premises.

(2)The tenant must at the tenant’s cost—

(a)ensure the smoke alarm is cleaned and tested in the premises at least once every year; and

(b)replace the batteries in the smoke alarm in accordance with the information statement given to the tenant by the lessor; and

(c)if the tenant becomes aware that the smoke alarm in the premises has failed or is about to fail other than because the battery is spent or almost spent—advise the lessor as soon as practicable; and

(d)ensure that electricity supply is and remains connected to the premises at all times during the tenancy or any other holding over period; and

(e)not do anything or fail to do anything which would reduce the effectiveness of the smoke alarm.

Note—

A breach of any obligations of the tenant in this clause may also be an offence under the Fire Services Act 1990 for which the tenant can be liable for a penalty.

sch 3A ins 2014 SL No. 342 s 7

amd 2022 SL No. 95 ss 59–74; 2023 Act No. 8 s 58O; 2023 SL No. 180 s 5; 2024 Act No. 22 s 92 sch 1; 2024 SL No. 160 ss 21–24

section 10

1Provider

1.1Provider’s name and address for service.

1.2Any other contact details for the provider.

Note—

Item 1.2 is optional.

2Resident

2.1Resident’s name.

2.2Any address for service or other contact details for the resident.

Note—

Item 2.2 is optional.

3Provider’s agent

3.1If the provider has an agent, the agent’s name and address for service.

3.2Any other contact details for the agent.

Note—

Item 3.2 is optional. See clause 28.

4Persons appointed for resident

4.1If the resident has a person acting for the resident under section 525(1)(c), the person’s name and address for service.

4.2Any other contact details for the person acting for the resident.

Note—

Item 4.2 is optional.

5Service of notices by email or facsimile

5.1Whether a notice may be given to the provider by email or facsimile.

5.2Whether a notice may be given to the resident by email or facsimile.

5.3Whether a notice may be given to the provider’s agent by email or facsimile.

5.4Whether a notice may be given to the person, acting for the resident under section 525(1)(c), by email or facsimile.

6Rental premises

6.1The room number and address of the rental premises.

6.2Any inclusions for the rental premises.

Examples of inclusions—

furniture or other household goods let with the rental premises

7Term of agreement

7.1Whether the agreement is a fixed term agreement or periodic agreement.

7.2The day the agreement starts.

7.3If the agreement is a fixed term agreement, the day the agreement finishes.

8Rent—amount

The rent amount and whether it must be paid weekly, fortnightly or monthly.

Note—

See clause 6(1).

9Rent—break down

A break down of the components of the rent attributable to accommodation, a food service, a personal care service or another service.

10Rent—day of payment

The day of each week, fortnight or month on which the rent must be paid.

Note—

See clause 6(2).

11Rent—methods of payment

The ways for the resident to pay the rent.

12Rent—place of payment

Where the rent must be paid.

Note—

Item 12 is optional. See clause 6(5) to (7).

13Rent—increases

13.1Whether the rent can be increased.

13.2The day the rent was last increased for the room.

13.3How the rent increase will be calculated.

13.4When the rent increase will start.

Note—

See clause 8.

14Rental bond

The amount of any rental bond.

Note—

See clause 11.

15Services to be provided by the provider

Any services that are to be provided by the provider.

16Utility services

Any utility services for which the resident must pay.

Examples of services—

electricity and gas

Note—

See clause 13.

17House rules

Whether the resident has been given a copy of the house rules.

Note—

See clause 16.

18Number of occupants

18.1The number of persons allowed to reside in the room.

18.2The number of persons allowed to reside at the rental premises.

Note—

See clause 17.

19Pets

The type and number of pets approved by the provider to be kept in the resident’s room.

Note—

See clauses 22A to 22D.

1Interpretation

In this agreement—

(a)a reference to the rental premises includes a reference to any inclusions for the rental premises stated in this agreement for item 6.2; and

(b)a reference to a numbered section is a reference to the section in the Act with that number; and

(c)a reference to a numbered item is a reference to the item with that number in part 1; and

(d)a reference to a numbered clause is a reference to the clause of this agreement with that number.

2Terms of a rooming accommodation agreement

(1)This part states, under the Residential Tenancies and Rooming Accommodation Act 2008 (the Act), section 73, the standard terms of a rooming accommodation agreement.

(2)The Act also imposes duties on, and gives entitlements to, the provider and resident that are taken to be included as terms of this agreement.

(3)The house rules for the rental premises are taken to be included as terms of this agreement.

(4)The provider and resident may agree on other terms of this agreement (special terms).

(5)A duty or entitlement under the Act overrides a standard term or special term if the term is inconsistent with the duty or entitlement.

(6)A standard term overrides a special term if they are inconsistent.

Note—

Some breaches of this agreement may also be an offence under the Act, for example, if—

•the provider or the provider’s agent enters the resident’s room in contravention of the rules of entry under sections 257 to 262; or

•the resident does not sign and return the condition report to the provider or the provider’s agent under section 81.

3Start of rooming accommodation agreement

This agreement starts on the day stated in this agreement for item 7.2.

4Entry condition report—s 81

(1)This clause applies only if a rental bond is payable, or has been paid, under this agreement.

(2)The provider must prepare, in the approved form, sign and give the resident 1 copy of a condition report for the room.

(3)The copy must be given to the resident on or before the day the resident occupies the room under this agreement.

(4)The resident must mark the copy of the report to show any parts the resident disagrees with, and sign and return the copy to the provider not later than 7 days after the later of the following days—

(a)the day the resident occupies the room;

(b)the day the resident is given the copy of the condition report.

Note—

A well completed condition report can be very important to help the parties if there is a dispute about the condition of the room when the rooming accommodation agreement started.

(5)After the copy of the condition report is returned to the provider by the resident, the provider must copy the condition report and return it to the resident within 14 days.

(6)However, the provider does not have to prepare a condition report for the resident’s room if—

(a)this agreement has the effect of continuing the resident’s right to occupy the room under an earlier rooming accommodation agreement; and

(b)in accordance with the Act, a condition report was prepared for the room for the earlier rooming accommodation agreement.

(7)If a condition report is not prepared for this agreement because subclause (6) applies, the condition report prepared for the earlier rooming accommodation agreement is taken to be the condition report for this agreement.

5Continuation of fixed term agreement—s 82

(1)This clause applies if—

(a)under this agreement, rooming accommodation is provided to the resident for a fixed term; and

(b)neither the provider nor the resident gives the other party a notice under chapter 5, part 2 ending the agreement or agrees in writing with the other party to end the agreement.

(2)This agreement continues to apply after the last day of the term, as a periodic agreement, on the same terms on which it applied immediately before the last day of the term, other than the term about the fixed term.

5ACosts apply to early ending of fixed term agreement—s 396A

(1)This clause applies if—

(a)this agreement is a fixed term agreement; and

(b)the resident ends this agreement before the term ends in a way not permitted under the Act.

(2)The resident must pay the reletting costs under section 396A(3).

Note—

For when the resident may end this agreement early under the Act, see clause 23 and the information statement.

(3)This clause does not apply if, after experiencing domestic violence, the resident ends this agreement or the resident’s interest in this agreement under chapter 5, part 2, division 3, subdivision 2A of the Act.

6When, how and where rent must be paid—ss 98–100

(1)The resident must pay the rent stated in this agreement for item 8.

(2)The rent must be paid at the times stated in this agreement for item 10.

(3)The rent must be paid—

(a)in a way stated in this agreement for item 11; or

(b)in the way agreed after the signing of this agreement by—

(i)the provider or resident giving the other party a notice proposing the way; and

(ii)the other party agreeing to the proposal in writing; or

(c)if the provider intends to change the way rent is paid to a way that is not stated in this agreement for item 11 and no way is agreed to after the signing of this agreement—in a way the provider proposes by written notice to the resident under section 99A.

(4)The provider must give the resident written notice advising of the costs associated with the ways to pay rent offered to the resident that the resident would not reasonably be aware of if the provider or provider’s agent knows or could reasonably be expected to find out about the costs.

(5)The rent must be paid at the place stated in this agreement for item 12.

(6)However, if, after the signing of this agreement, the provider gives a notice to the resident stating a different place for payment and the place is reasonable, the rent must be paid at the place while the notice is in force.

(7)If no place is stated in this agreement for item 12 and there is no notice stating a place, the rent must be paid at an appropriate place.

Examples of an appropriate place—

•the provider’s address for service

•the provider’s agent’s office

7Rent in advance—s 101

The provider may require the resident to pay rent in advance only if the payment is not more than 2 weeks rent.

Note—

Under section 101(2), the provider or the provider’s agent must not require a payment of rent under this agreement in a period for which rent has already been paid.

8Rent increases—ss 105 and 105B

(1)If a provider proposes to increase the rent, the provider must give notice of the proposal to the resident.

(2)The notice must state—

(a)the amount of the increased rent; and

(b)the day from which the increased rent is payable.

(2A)The day stated must not be earlier than the later of the following—

(a)4 weeks after the notice is given;

(b)12 months after the last rent increase for the resident’s room under section 105B, as stated in item 13.2.

(3)Also, if this agreement is for a fixed term, the rent may not be increased before the term ends unless—

(a)this agreement states for item 13.1 rent can be increased; and

(b)this agreement states for item 13.3 the amount of the increase or how the amount of the increase is to be worked out; and

(c)the increase is made in accordance with item 13.3.

(4)Subject to an order of the tribunal, the increased rent is payable from—

(a)if this agreement is for a fixed term—the day stated in item 13.4; or

(b)if this agreement is not for a fixed term—the day stated in the notice.

(5)However, increased rent is payable by the resident only if—

(a)the rent is increased in compliance with this clause; and

(b)the increased rent is not payable before the end of the minimum period before the rent may be increased under section 105B; and

(c)the increase in rent does not relate to—

(i)compliance of the rental premises or inclusions with the prescribed minimum housing standards; or

(ii)keeping a pet or working dog in the room.

(6)Subclauses (1) to (5) do not apply if the parties amend this agreement to provide for another service to be provided by the provider to the resident and for an increase in the rent in payment of the service.

(7)However, subclause (6) does not apply if the provision of the service—

(a)is necessary for the rental premises or inclusions to comply with the prescribed minimum housing standards; or

(b)is a condition of the provider’s approval to keep a pet in the room.

8AResident’s application to tribunal about rent increase—s 105A

(1)After the provider gives the resident notice of a proposed rent increase, the resident may apply to the tribunal for an order setting aside or reducing the increase if the resident believes the increase—

(a)is excessive; or

(b)is not payable under clause 8.

(2)However, the application must be made—

(a)within 30 days after the notice is received; and

(b)for a fixed term agreement—before the term ends.

9Rent decreases for matters including loss of amenity or service—s 106

(1)This clause applies if—

(a)the resident’s room or common areas become partly unfit to live in, or their amenity or standard substantially decreases, other than because of intentional or reckless damage caused by the resident or a guest of the resident; or

(b)a service provided to the resident under this agreement is no longer available or is withdrawn, or the standard of the service substantially decreases, other than because the resident has not met the resident’s obligations under this agreement.

(2)The rent payable under this agreement decreases by the amount, and from the time, agreed between the provider and the resident.

(3)If the provider and the resident can not agree on the amount or time for the decrease, either of them may apply to a tribunal for an order decreasing the rent by a stated amount from a stated time.

10Rent decreases because of resident’s absence—s 107

(1)This clause applies if either of the following is not provided to the resident because of the resident’s absence—

(a)a personal care service;

(b)a food service, but only if the resident is absent from the rental premises for a continuous period of more than 2 weeks.

(2)The provider and the resident may agree to a reduction in rent for the period of the absence.

(3)If the provider and the resident can not agree on a reduction in rent for the period of the absence, the resident may apply to a tribunal for an order decreasing the rent by a stated amount for the period.

11Rental bond required—ss 111 and 116

(1)If a rental bond is stated in this agreement for item 14, the resident must pay to the provider or the provider’s agent the rental bond amount—

(a)if a special term requires the bond to be paid at a stated time—at the stated time; or

(b)if a special term requires the bond to be paid by instalments—by instalments; or

(c)otherwise—when the resident signs this agreement.

Note—

There is a maximum bond that may be required. See section 146.

(2)The provider or the provider’s agent must, within 10 days of receiving the bond or a part of the bond, pay it to the authority and give the authority a notice, in the approved form, about the bond.

(3)The bond is intended to be available to financially protect the provider if the resident breaches this agreement.

Example—

The provider may claim against the bond if the resident does not leave the room in the required condition at the end of the rooming accommodation agreement.

Note—

For how to apply to the authority or a tribunal for the bond at the end of the rooming accommodation agreement, see sections 125 to 141. Delay in applying may mean that payment is made on another application for payment.

12Increase in bond—s 154

(1)The resident must increase the rental bond if—

(a)the rent increases and the provider gives notice to the resident to increase the bond; and

(b)the notice is given at least 11 months after—

(i)this agreement started; or

(ii)if the bond has been increased previously by a notice given under this clause—the day stated in the notice, or the last notice, for making the increase.

(2)The notice must state the increased amount and the day by which the increase must be made.

(3)For subclause (2), the day must be at least 1 month after the resident is given the notice.

13Charge for utility service—s 170

(1)The resident must pay an amount for utility services supplied to the rental premises during this agreement if—

(a)the service is stated in this agreement for item 16; and

(b)the resident’s room is individually metered for the utility service by an appliance approved by the supplying entity.

(2)The provider must give the resident a copy of the documents about the amount charged by the supplying entity within 4 weeks after the provider receives the documents.

(3)The resident is not required to pay an amount for utility services if the provider does not give the resident a copy of the documents.

Note—

Section 170(2)(b) limits the amount the resident must pay.