Residential Tenancies Regulations 2000

regulation 10

1. Compliance with Act

The landlord and the tenant must comply with the provisions of the Act.

2. Period of tenancy and payment of rent

(1) Subject to the Act, the tenancy to which this agreement relates is:

(a) if the landlord and the tenant agreed to a tenancy for a fixed term – a tenancy for the term agreed to; or

(b) if the landlord and the tenant intended that the tenancy be other than for a fixed term – a periodic tenancy.

(2) The tenant must pay, before each rental payment period in respect of the premises to which this agreement relates, the amount of rent, if any, agreed at the beginning of the tenancy between the landlord and the tenant to be payable in respect of the rental payment period.

(3) The tenant must pay the rent, if any, in the manner, and at the place, agreed between the landlord and the tenant.

3. Vacant possession etc.

(1) The tenant is entitled to vacant possession of the premises on and from the day the tenancy begins.

(2) Subclause (1) does not apply in relation to a part of the premises in respect of which a right to exclusive possession is not given under this agreement.

(3) There is no legal impediment to the tenant's occupation of the premises as a place of residence for the period of the tenancy that the landlord knew of, or ought to have known of, when entering this agreement.

4. Quiet enjoyment

(1) The tenant is entitled to quiet enjoyment of the premises without interruption by the landlord or a person claiming under the landlord or with superior title to the landlord's title.

(2) The landlord will not cause an interference with the reasonable peace or privacy of the tenant in the tenant's use of the premises.

5. Entry only permitted in accordance with Act

The landlord may only enter the premises or ancillary property in accordance with the provisions of the Act.

6. Landlord's duties in relation to condition of premises

The landlord must ensure that the premises and ancillary property:

(b) meet all health and safety requirements specified under an Act that apply to residential premises of the ancillary property; and

(c) are reasonably clean when the tenant enters into occupation of the premises.

7. Tenant's duties in relation to condition of premises

(1) The tenant will not maintain the premises and ancillary property in an unreasonably dirty condition, allowing for reasonable wear and tear.

(2) The tenant must notify the landlord of any damage or apparent potential damage to the premises or ancillary property, other than damage of a negligible kind.

(3) The tenant must not intentionally or negligently cause or permit damage to the premises or ancillary property.

(4) If the premises are a unit within the meaning of the Unit Titles Act 1975 or Unit Title Schemes Act 2009, the tenant must not intentionally or negligently cause or permit damage to the common property within the meaning of that Act.

8. Alteration of premises or ancillary property

(1) The tenant must not, without the landlord's written consent or otherwise than in accordance with the Act, make an alteration or addition to the premises or ancillary property.

(2) The tenant may remove a fixture affixed to the premises by the tenant unless its removal would cause damage to the premises or ancillary property.

(3) If the tenant causes damage to the premises or ancillary property by removing or installing a fixture, the tenant must:

(b) at the option of the landlord, have the damage repaired or compensate the landlord for the reasonable cost of repairing the damage.

9. Landlord's obligation to repair

(1) Subject to the provisions of Part 7 of the Act, the landlord must ensure that the premises and ancillary property are in a reasonable state of repair when the tenant enters into occupation of the premises.

(2) Subject to the provisions of Part 7 of the Act, the landlord must maintain the premises and ancillary property in a reasonable state of repair, having regard to their age, character and prospective life.

10. Tenant to notify landlord if repairs required

(1) Subject to the provisions of Part 7 of the Act, if the premises or ancillary property require repair or maintenance, other than repair or maintenance of a negligible kind, the tenant is, as soon as reasonably practicable after becoming aware of the need for the repairs or maintenance, to notify the landlord orally or in writing of the requirement.

(2) For the purposes of subclause (1), "ancillary property" includes gardening or watering equipment or other chattels provided in relation to a garden but does not include vegetation, other than a tree that poses a risk to a person's safety.

11. Tenant's responsibilities at end of tenancy

At the end of the tenancy, the tenant must give the premises and ancillary property back to the landlord:

allowing for reasonable wear and tear.

12. Landlord's duties in relation to security of premises

(1) The landlord will take reasonable steps to provide and maintain the locks and other security devices that are necessary to ensure the premises and ancillary property are reasonably secure.

(a) alter or remove a lock or security device on the premises or ancillary property; or

(b) add a lock or security device to the premises or ancillary property,

without the consent of the tenant.

(a) alters a lock or security device on the premises or ancillary property; or

(b) adds a lock or security device to the premises or ancillary property,

without the consent of the tenant, the landlord will provide to the tenant a key to the lock or security device within 24 hours after the alteration or addition.

13. Tenant's duties in relation to security of premises

(a) alter or remove a lock or security device on the premises or ancillary property; or

(b) add a lock or security device to the premises or ancillary property.

(a) alters a lock or security device on the premises or ancillary property; or

(b) adds a lock or security device to the premises or ancillary property,

without the consent of the landlord, the tenant will provide a key to the lock or security device within 2 business days after the alteration or the addition, unless the landlord consents to the tenant doing otherwise.

14. Tenant to notify if premises to be vacant for more than 30 days

The tenant must notify the landlord before the premises are left unoccupied for more than 30 days.

15. Use of premises and ancillary property

(1) The tenant must not use the premises or ancillary property, or cause the premises or ancillary property to be used, for an illegal purpose.

(2) The tenant must not cause or permit a nuisance on the premises, ancillary property or on land adjacent to or opposite the premises.

(3) The tenant must not cause or permit ongoing or repeated interference with the reasonable peace or privacy of another person in the other person's use of premises or land in the immediate vicinity of the premises.

16. Assignment or subletting of premises

(1) Subject to the provisions of Part 7 of the Act, the tenant may assign the tenant's interest in this agreement or sublet the premises to a person with the oral or written consent of the person.

(2) The tenant must not assign the tenant's interest in this agreement or sublet the premises unless:

(b) the landlord is to be taken under section 79 of the Act to have consented to the assignment

(3) This clause does not apply to a tenancy under the Housing Act 1982.

17. Vicarious liability of tenant

(1) The tenant is responsible for an act or omission of a person, other than a co‑tenant, who:

(b) performs or omits to perform any act that, if it had been an act or omission of the tenant, would have been a breach of this agreement.

(a) the person who performs or omits to perform the act is in a domestic relationship as defined in section 9 of the Domestic and Family Violence Act 2007 with the tenant; and

(b) the act is an act of domestic violence as defined in section 5 of that Act; and

(c) it is reasonable in all the circumstances for the tenant not to be taken to be responsible under this agreement for the act or omission because the tenant or another occupant of the premises has experienced domestic violence.

(3) A tenant may establish that an act is an act of domestic violence for subclause (2)(b) by providing a document specified by or under section 4A of the Act.

18. Tenant not to give false information

The tenant must not give the landlord:

(a) information about the tenant's identity that is material to the landlord's decision to enter into this agreement and that is, to the knowledge of the tenant, false; or

(b) any other information, required by or under the Act to be given in relation to this agreement, that is, to the knowledge of the tenant, false.

19. Keeping pets

(1) If the tenant wishes to keep a pet on the premises, the tenant must first give the landlord written notice describing the proposed pet.

(2) The landlord has 14 days after receiving the notice under subclause (1) to object to the tenant keeping the pet by:

(a) giving the tenant written notice of the objection and the reason for the objection; and

(b) making an application to the Tribunal under section 65B of the Act.

(3) The tenant must not keep the pet on the premises before the expiry of the 14-day period referred to in subclause (2).

(4) If the landlord does not apply to the Tribunal under section 65B of the Act within the 14-day period referred to in subclause (2), the tenant may keep the pet on the premises.

(5) If the landlord applies to the Tribunal under section 65B of the Act within the 14-day period referred to in subclause (2), the tenant must not keep the pet on the premises unless the Tribunal orders that the landlord's objection to the keeping of the pet is unreasonable and that the tenant may keep the pet on the premises.

Schedule 3

regulation 11

Residential Tenancies Act 1999

section 109(3) and (4)

NOTICE BY LANDLORD OF STORAGE OF GOODS

To: (name of person to whom notice is addressed)

Of: (address)

Re: Goods left at residential premises at the following address:

…………………………………………………………………………………..

Details of relevant residential tenancy agreement:

1. Name of tenant:…………………………………………..

2. Date tenancy terminated:………./………./……….

The following goods were left on the premises: (specify goods, other than perished or perishable foodstuffs or goods of a value less than a fair estimate of the cost of their removal, storage and sale)

These goods have been stored in a safe place and manner.

If you are entitled to possession of the goods, you may reclaim the goods by paying to me:

(a) the reasonable costs of removing and storing the goods; and

(b) the reasonable costs of publishing this notice of the storage of goods in a newspaper circulating generally throughout the Territory.

If the goods are not reclaimed on or before ………./………./……….(being 30 days after the day on which I took possession of the premises), the goods will be sold by public auction. I will then retain from the proceeds of sale various costs and amounts owed to me.

These costs and amounts are:

(a) the reasonable costs of removing, storing and selling the goods;

(b) the reasonable costs of publishing this notice of the storage of goods in a newspaper circulating generally throughout the Territory;

(c) the amounts owed to the landlord under the tenancy agreement.

Signed:…………………………………………………………………………..

(Landlord/Agent)

Full name of Landlord/Agent…………………………………………………..

and address……………………………………………………………………..