R.P. Emery Associates are the leading experts in business and legal contracts and forms in Australia. http://www.rpemery.com produce up-to-date Australian Residential Tenancy and Commercial Property Lease Agreement
templates to suit the needs of the professional property manager or
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Residential Tenancies Act that applies in each state. A solid real
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http://www.rpemery.com.au/tenancy_agreements.htmlEach
of the Australian states and territories have passed legislation to
govern residential tenancies. Residential tenancy agreements are
governed by the respective residential tenancies Act although some
agreements are excluded from the operations of the Act. An example of
this may be where the tenant has an agreement to buy the premises. In
addition some types of premises may not be governed by the Act even
though they may be subject to a residential tenancies agreement. These
may include hotels or holiday houses, where in other states the
legislation may extend to mobile homes, caravan parks and boarding
houses. Essentially there are many similarities in each state Act and
just as many differences. If you are a landlord its in your interest to
familiarise yourself with the operations of the residential tenancies
act that applies to you. If you are a tenant and want precise
information on your rights and obligations you will also find it in the
act.
Some of the residential tenancies Acts provide for a
prescribed standard form of agreement. These standard forms set out the
minimum rights and obligations of the landlord and the tenants and must
form part of any residential tenancy agreement be it oral or written.
These minimum provisions deal with
- the payment of rent, where and when the rent should be paid and may also provide for rental increases
- the term of the agreement and what should happen when the term ends
- the landlords access to the premises and under what circumstances the landlord or landlord’s agent may enter the premises
- the administration of security bonds
- the tenants right to quiet enjoyment of the property
- additions to the premises
- who pays for water electricity and services to the property
- the tenants obligation for the actions of others
- the tenants obligations to look after the premises during the term of the tenancy
- Locks and security devices
- procedures under which the tenancy may be terminated leading to the landlords recovery of the property.
- and many more depending upon your state or territory.
Parties
to a residential tenancy agreement may insert additional terms to the
prescribed agreement but only if the terms do not contravene the Act.
Additional terms may be void if found to be inconsistent with the
prescribed form or the Act. So in effect parties to Residential Tenancy
Agreement cannot contract out of their obligations.
Below we have listed more specific details for each state