Additions / Changes:

Part 3

Pool Safety Certificate Requirements (complete if there is a swimming pool for use by the Tenant/s on the Premises)

The Tenant acknowledges having received one of the following:

__  Form 37 (non-shared pools) -applies during exemption period only   OR __  a copy of the current Pool Safety Certificate   OR   __  a Form 36 – Notice of No Pool Safety Certificate (Body Corporate shared pool only)

Changes as per Residential Tenancies Authority

Additions / Changes:

Part 3

Pool Safety Certificate Requirements (complete if there is a swimming pool for use by the Tenant/s on the Premises)

The Tenant acknowledges having received one of the following:

__ Form 37 (non-shared pools) -applies during exemption period only   OR   __  a copy of the current Pool Safety Certificate   OR   __  a Form 36 – Notice of No Pool Safety Certificate (Body Corporate shared pool only)

Additions / Changes:

Special Terms Clause 4(c)

Repair all and any damage to the premises caused by the Tenant/s including damage (if any) caused by pets.

Special Terms Clause 11(2)

Reasonable care will be taken to avoid such photographic records including details of the tenant’s personal property and effects.

Special Terms Clause 12(2)(2)

credit reporting &/or residential tenancy databases for the purpose of properly assessing the risk in providing you with the lease maintaining or creating an information file about you; &/or

Special Terms Clause 12(2)(3)

credit reporting &/or debt collecting agencies to obtain credit information about you for the purposes of collecting overdue payments.  (section 18k(1)(h) of the Privacy Act 1988 (CTH)).

Special Terms Clause 12(4)

The tenant has the right to request the lessor’s agent provide details of such information provided or obtained and also do all things reasonably necessary to amend or remove correct any inaccurate or out of date information.

Additions / Changes:

Part 3

Pool Safety Certificate Requirements (complete if there is a swimming pool for use by the Tenant/s on the Premises)

The Tenant acknowledges having received one of the following:

__  a copy of the current Pool Safety Certificate   OR   __  a Form 36 – Notice of No Pool Safety Certificate (Body Corporate shared pool only)

Special Terms Clause 2(g)

To maintain any swimming pool or spa (if applicable) in its condition as at the date of this Agreement such maintenance to include the cost of chemicals necessary to maintain the condition of the pool.

Special Terms Clause 2(g)

Not to construct & /or use a portable wading pool, spa or such other regulated pool/s that:

Such pools as described above are considered regulated pools under the Building Act 1975 and require compliant pool fencing &/or pool barriers.

Additions / Changes:

Special Terms Clause 2(m)

To keep the premises free of rodents, termites, cockroaches and other vermin and to notify the Lessor promptly of any vermin or pest infestation which, should the presence of such vermin or infestation have arisen due to act or neglect on the part of the tenant, shall be the tenant’s responsibility to remedy.

Additions / Changes:

Click here to view detailed information about changes

Standard Terms Heading

Part 2        Standard Terms

(Terms as prescribed by the Residential Tenancies Authority in accordance with the Residential Tenancies and Rooming Accommodation Act 2008)

Special Terms

Special Conditions Warning

Special Conditions:

(a) Were inserted under instruction by a party to this Agreement; and/or

(b) Precedents used by the Agent as Special Conditions were prepared by an Australian Legal Practitioner, not by the Agent who gives no warranty in respect of same and in accordance with the Warning, above the Signing area herein; legal advice should be sought as to the meaning and effect of such Special Conditions before signing.

Special Terms

Warning

WARNING: By signing this Agreement the parties confirm no legal advice as to the Standard Terms & Special Terms was provided by the Agent. The parties further agree that any Special Terms or Clauses were inserted at the specific request of a relevant party to this Agreement and, where not prepared by that party, were prepared by an Australian Legal Practitioner and not the Agent. No warranty is given by the Agent and legal advice should be sought.

Signatures

4th Tenant Signature section added.

Extra Special Terms Heading

Addendum A - Special Terms

These terms are in addition to the Standard Terms and only form part of this Agreement provided they do not conflict with the Act or the Standard Terms and the parties have agreed to the Special Terms.

Special Terms Clause 1

The lessor shall ensure, as part of its obligations under Clause 25 of the Standard Terms, the premises are in a reasonable state of repair and are free from vermin at the commencement of the Tenancy.

Special Terms Clause 2(b)

To place all household rubbish in bin provided by the local authority and put the bin out for collection on the designated day for collection and remove the bin to the premises as soon as practicable after it has been emptied and return it to its allocated place.

Special Terms Clause 2(j)

Not to alter or remove any fixture or inclusion of the premises or add any lock or security device without the lessor’s agreement, and in such case to provide the lessor / lessor’s agent with a copy of the key or access codes.

Special Terms Clause 2(k)(3)

advise the lessor / lessor’s agent as soon as practicable when the tenant is aware a smoke alarm has failed or is about to fail.

Special Terms Clause 2(m)

To keep the premises free of rodents, termites, cockroaches and other vermin and to notify the Lessor promptly of any vermin or pest infestation which, should the presence of such vermin or infestation have arisen due to act or neglect on the part of the tenant, shall be the tenant’s responsibility to remedy.

Special Terms Clause 3

Special Terms Clause 4

The tenant will at the conclusion of the tenancy have complied with the requirements of Special Term Clause 2 in all respects and in addition on vacating the premises the tenant will:

Special Terms Clause 4(g)

Provide written evidence of compliance with the requirements of Special Term Clause 4 (b), (c) & (f) should be provided to the lessor/ lessor’s agent on or before vacating.

Special Terms Clause 5

Note: Section 429 of the Act states:

If there is a dispute between the lessor and tenant…. about (this) Agreement, either party may apply to the tribunal for an order and the tribunal may make any order it considers appropriate, to resolve the dispute.

Special Terms Clause 7

Except in the case where the lessor &/or the lessor’s agent have been negligent on the part of the Lessor or fail to comply the Lessor having compliedwith itsobligations under the Act, neither the lessor or the lessor’s agent (acting with the lessor’s authority) will not be liable for any loss or damage suffered by the tenant or other persons on the premises with respect to either person or property AND the tenant indemnifies the lessor &/or the lessor’s agent against all liability with respect to injury or damage to the tenant or other persons or the property of either occurring on the premises as a result of any act or omission by the tenant or others on the premises with the consent of the tenant.

Note: The provisions of Section 429 allow either party to apply to the Tribunal in case of a dispute.

Special Terms Clause 9

In the case of a fixed term agreement the tenant agrees, if a rent increase is stated in Item 7:

Note: In case of a disagreement, the provisions of Standard Term 11 may be applicable.

Special Terms Clause 10

The parties agree and confirm documents may be forwarded electronically to a person if that person has provided an email address &/or facsimile number, for delivery or service of documents, in the Item Schedule to this Agreement.

Special Terms Clause 11

The tenant will permit the lessor/ lessor’s agent, on entering the Premises in accordance with Clause 20 (routine inspections) of the Standard Terms, to photographically record the condition of the Premises. Such photos will be used solely for the purposes of identifying any damage or defects that become apparent during the inspection and may be distributed to people involved in rectification including the lessor Landlord of the rental Premises. Such photos may not be used for advertising or any other purpose and copies will be provided to the Tenant on request at no charge. Should the lessor/ lessor’s agent require photos of the Premises for any purpose other than as outlined above the lessor/ lessor’s agent must obtain the tenant’s written authorisation.

Special Terms Clause 12

Additions / Changes:

Clause 46(l)

To replace all cracked and broken glass, blown light bulbs and fluro tubes, not previously identified in the Entry Condition Report.

Subject to the Entry Condition Report, to replace:

Clause 56

Additions / Changes:

Clause 46(l)

Subject to the Entry Condition Report, to replace:

Clause 49(2)

The tenant will pay to the lessor any costs or expenses arising as a result of the acts or omissions of the tenant or persons on the premises with the consent of the tenant.

Clause 49(3)

Should the agreement be terminated by the tenant or by a tenant’s breach of the agreement before the ending date of this agreement the tenant agrees to pay reasonable costs (including fees and expenses relating to this agreement) in accordance with Clause 7 of this agreement and to pay the rent, fees and expenses related to this agreement and continue to fulfill their obligations under this agreement until another General Tenancy Agreement is entered into by the Lessor/Agent for the Premises or until the Tenant/s General Tenancy Agreement Expires, whichever is sooner.

Clause 50(2)

The tenant will pay to the lessor any excess or premium increase charged by the lessor’s Insurance Company and any other costs or expenses as a result of the acts or omissions of the tenant or persons on the premises with the consent of the tenant.

Clause 51

Except in the case of negligence on the part of the Lessor, the Lessor having complied with its obligations under the Act will not be liable for any loss or damage suffered by the tenant or other persons on the premises with respect to either person or property AND the tenant indemnifies the lessor against all liability with respect to injury or damage to the tenant or other persons or the property of either occurring on the premises as a result of any act or omission by the tenant or others on the premises with the consent of the tenant.

Additions / Changes:

Clause 45

The Lessor shall ensure, at the commencement of the Tenancy, the premises are in a reasonable state of repair and are free from vermin. treated as necessary by a licensed pest controller.

Clause 48(g)

Written evidence of requirements (b), (c), & (f) & (h) should be provided to the Lessor/Agent on or before vacating.

Clause 48(h)

Where bottled gas is used the tenant will maintain the supply and leave the gas cylinder/s full upon vacating the premises.

Clause 48(i)

Where tank water is used the tenant will ensure the tank contains a like quantity of water at the end of the tenancy as it did at the beginning.

Clause 49(2)

Should the agreement be terminated by the tenant or by a tenant’s breach of the agreement before the ending date of this agreement the tenant agrees to pay reasonable costs in accordance with Clause 7 of this agreement and to pay the rent, fees and expenses related to this agreement and continue to fulfil their obligations under this agreement until another General Tenancy Agreement is entered into by the Lessor/Agent for the Premises or until the Tenant’s General Tenancy Agreement expires, whichever is sooner.

Additions / Changes:

Clause 46(a)

Not to do anything that involves painting, marking or defacing the premises internally or externally or using nails, screws or adhesives without the prior written consent of the Lessor.

Clause 46(c)

Not to use any sink, basin, toilet, drain or like facility in or connected to the premises for other than their intended use or to do anything that might damage or block the plumbing drainage or sewerage system servicing on the premises.

Clause 46(d)

Not to affix any television antenna to the premises.

Clause 46(f)

To maintain all garden areas including watering trees and other plants, to mow the lawn and remove garden rubbish (including pet waste) from the premises.

Clause 46(i)

Not to intentionally or negligently damage the premises or any part of the premises.

Clause 46(l)

To replace all broken glass including blown light bulbs and fluro tubes and ensure all are in a working condition at the end of the tenancy.

Clause 48(g)

Written evidence of requirements (b), (c), and (f) & (h) should be provided to the Lessor/Agent on or before vacating.

Clause 48(j)

Return all remote control devices in good working order and condition including batteries, and where not returned, make good the cost of replacement.

Clause 49(2)

Should the agreement be terminated by the tenant or a tenant’s breach of the agreement before the ending date of this agreement the tenant agrees to pay reasonable costs in accordance with Clause 7 of this agreement and to pay the rent, fees and expenses related to this agreement and continue to fulfil their obligations under this agreement until another General Tenancy Agreement is entered into by the Lessor/Agent for the Premises or until the Tenant’s General Tenancy Agreement expires, whichever is sooner.

Clause 49(3)

The Tenant will be liable to pay costs associated with the failure by the Tenant to comply with the Tenant’s obligations in respect of Clause 46 and this agreement generally.

Additions / Changes:

Clause 46(a)

To not do anything that involves painting, marking or defacing the premises internally or externally or using nails, screws or adhesives without the prior written consent of the Lessor.

Clause 46(l)

To replace all broken glass including blown light bulbs and fluro tubes.

Changes as per Residential Tenancies Authority

Additions / Changes:

Clause 46(a)

To do anything that involves painting, marking or defacing the premises internally or externally or using nails, screws or adhesives without the prior written consent of the Lessor.

Clause 47(1)

The tenant agrees that only the persons nominated in Part 3 (Additional Special Terms) or as specified on the Application for Tenancy, and their children up to the maximum number of persons authorised under this agreement, are to reside on the premises. Approval must be sought from the Lessor/Agent for any other person to reside on the premises during the tenancy.

Clause 48(c)

Repair all and any damage to the premises including damage (if any) caused by pets.

Clause 49(1)

If at the end of the tenancy or at any other time during or prior to the end of the tenancy the tenant is in breach of the obligations under this tenancy agreement giving rise to a claim for compensation by the lessor the lessor may rectify such breach and claim the cost of such rectification from the rental bond or the lessee, subject to the provisions of the Act.

Clause 55

The Tenant will permit the Lessor/Lessor’s Agent, on entering the Premises in accordance with Clause 20 (routine inspections) of the Standard Terms, to photographically record the condition of the Premises.  Such photos will be used solely for the purposes of identifying any damage or defects that become apparent during the inspection and may be distributed to people involved in rectification including the Landlord of the rental Premises.  Such photos may not be used for advertising or any other purpose and copies will be provided to the Tenant on request at no charge.  Should the Lessor/Lessor’s Agent require photos of the Premise for any purpose other than as outlined above the Lessor/Lessor’s Agent must obtain the Tenant’s written authorisation. which will not be unreasonably refused.