Fill - Free fillable Form 1: General tenancy agreement (Form 18a) (Department of the Environment and Energy) PDF form

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Page 1 of 8 v16 Apr19

General tenancy agreement (Form 18a)

Residential Tenancies and Rooming Accommodation Act 2008

Part 1 Tenancy details

Item

1.1 Lessor

Name/trading name

Address

Postcode

1.2 Phone

Mobile Email

Item

2.1 Tenant/s

Tenant 1 Full name/s

Phone Email

Tenant 2 Full name/s

Phone Email

Tenant 3 Full name/s

Phone Email

2.2 Address for service (if different from address of the premises in item 5.1)

Attach a separate list

Item

3.1 Agent

If applicable. See clause 43

Full name/trading name

Address

Postcode

3.2 Phone Mobile Email

Item

Notices may be given to

(Indicate if the email is different from item 1, 2 or 3 above)

4.1 Lessor

Email Yes

No Facsimile Yes No

4.2 Tenant/s

Email Yes

No Facsimile Yes No

4.3 Agent

Email Yes

No Facsimile Yes No

Item

5.1 Address of the rental premises

Postcode

5.2 Inclusions provided.

For example, furniture or other household goods let with the premises. Attach list if necessary

Item

6.1 The term of the agreement is

ﬁxed term agreement periodic agreement

6.2 Starting on

6.3 Ending on

Fixed term agreements only.

For continuation of tenancy agreement, see clause 6

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General tenancy agreement (Form 18a)

Residential Tenancies and Rooming Accommodation Act 2008

Page 2 of 8 v16 Apr19

Item

Rent

per

week fortnight month

See clause 8(1)

Item

Rent must be paid on the

day of each

Insert day. See clause 8(2) Insert week, fortnight or month

Item

Method of rent payment

Insert the way the rent must be paid. See clause 8(3)

Details for direct credit

BSB no. Bank/building society/credit union

Account no. Account name

Payment reference

Item

Place of rent payment

Insert where the rent must be paid. See clause 8(4) to 8(6)

Item

Rental bond amount

See clause 13

Item

12.1 The services supplied to the premises for which the tenant must pay

See clause 16

Electricity Yes No

Any other service that a tenant must pay

Yes

Gas

Yes No Type

See special terms (page 8)

Phone Yes No

12.2 Is the tenant to pay for water supplied to the premises

See clause 17

Yes No

Item

If the premises is not individually metered for a service under item 12.1, the apportionment of the cost of the

service for which the tenant must pay. For example, insert the percentage of the total charge the tenant must pay. See clause 16(c)

Electricity Any other service stated in item 12.1

Gas

See special terms (page 8)

Phone

Item

How services must be paid for

Insert for each how the tenant must pay. See clause 16(d)

Electricity

Gas

Phone

Any other service stated in item 12.1

See special terms (page 8)

Item

Number of persons allowed to reside at the premises

See clause 23

Item

16.1 Are there any body corporate by-laws applicable to the occupation of the premises by a tenant?

Yes No

See clause 22

16.2 Has the tenant been given a copy of the relevant by-laws See clause 22

Yes No

Item

17.1 Pets approved

Yes No

See clause 24(1)

17.2 The types and number of pets that may be kept See clause 24(2)

Type Number Type Number

Item

Nominated repairers

Insert name and telephone number for each. See clause 31

Electrical repairs Phone

Plumbing repairs Phone

Other Phone

General tenancy agreement (Form 18a)

Residential Tenancies and Rooming Accommodation Act 2008

Page 3 of 8 v16 Apr19

Part 2 Standard Terms

Division 1 Preliminary

1 Interpretation

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

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 Terms 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.

3 More 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.

Division 2 Period of tenancy

4 Start 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.

5 Entry 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 3 days after the later of the following days –

(a) the day the tenant is entitled to occupy 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.

6 Continuation 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.

7 Costs apply to early ending of ﬁxed term

agreement

(1) This clause applies if –

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

(b) the tenant terminates it before the term ends in a way not

permitted under the Act.

(2) The tenant must pay the reasonable costs incurred by the lessor

in reletting the premises.

Note – For when the tenant may terminate early under the Act, see

clause 36 and the information statement. Under section 362, the lessor

has a general duty to mitigate (avoid or reduce) the costs.

Division 3 Rent

8 When, how and where rent must be paid

– ss 83 and 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 the 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

no way agreed after the signing of this agreement – in an

approved way under section 83(4).

Note – If the way rent is to be paid is another way agreed on by the

lessor and tenant under section 83(4)(g), the lessor or the lessor’s

agent must comply with the obligations under section 84(2).

(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

9 Rent 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.

General tenancy agreement (Form 18a)

Residential Tenancies and Rooming Accommodation Act 2008

Page 4 of 8 v16 Apr19

10 Rent 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) 6 months after the day the existing rent became payable

by the tenant.

(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, if this agreement is a ﬁxed term agreement, the rent

may be increased before the term ends only if a special term –

(a) provides for a rent increase; and

(b) states the amount of the increase or how the amount of the

increase is to be worked out.

(6) A rent increase is payable by the tenant only if the rent is

increased under this clause.

11 Application to tribunal about excessive increase

– s 92

(1) If a notice of proposed rent increase is given and the tenant

considers the increase is excessive, the tenant may apply to

a tribunal for an order setting aside or reducing the increase.

(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.

12 Rent decreases – s 94

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

Note – For details of the situations, see the information statement.

Division 4 Rental bond

13 Rental 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

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.

14 Increase 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.

Division 5 Outgoings

15 Outgoings – 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

from the State to supply rented accommodation to persons.

16 General 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

(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.

17 Water service charges – ss 164 and 166

(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

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 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.

(6) 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.

General tenancy agreement (Form 18a)

Residential Tenancies and Rooming Accommodation Act 2008

Page 5 of 8 v16 Apr19

Division 6 Rights and obligations

concerning the premises during tenancy

Subdivision 1 Occupation and use of premises

18 No 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

19 Vacant 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.

20 Lessor’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.

21 Tenant’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

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.

22 Units and townhouses – s 69

(1) The lessor must give the tenant a copy of any body corporate

by-laws under the Body Corporate and Community

Management Act 1997 or Building Units and Group Titles

Act 1980 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 by-laws.

23 Number of occupants allowed

No more than the number of persons stated in this agreement

for item 15 may reside at the premises.

24 Pets

(1) The tenant may keep pets on the premises only if this

agreement states for item 17.1 that pets are approved.

(2) If this agreement states for item 17.1 that pets are approved

and this agreement states for item 17.2 that only –

(a) a particular type of pet may be kept, only that type may be

kept; or

(b) a particular number of pets may be kept, only that number

may be kept; or

only that number of that type may be kept.

Subdivision 2 Standard of premises

25 Lessor’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

(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.

(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

about the health or safety of persons using or entering the

premises; and

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

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

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.

26 Tenant’s obligations – s 188(2) and (3)

(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.

Subdivision 3 The dwelling

27 Fixtures 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.

General tenancy agreement (Form 18a)

Residential Tenancies and Rooming Accommodation Act 2008

Page 6 of 8 v16 Apr19

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).

28 Supply 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

(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).

29 Changing locks – ss 211 and 212

(1) The lessor or the tenant may change locks if –

(a) both agree to the change; or

(b) there is a tribunal order permitting the change; or

Example of a reasonable excuse –

an emergency requiring the lock to be changed quickly

(2) The lessor or tenant must not act unreasonably in failing to

agree to the change of a lock.

(3) If a lock is changed, the party changing it must give the other

party a key for the changed lock unless –

(a) a tribunal orders that a key not be given; or

(b) the other party agrees to not being given a key.

Subdivision 4 Damage and repairs

30 Meaning 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;

(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) Routine repairs are repairs other than emergency repairs.

31 Nominated repairer for emergency repairs – s 216

(1) The lessor’s nominated repairer for emergency repairs of a

particular type may be stated either –

(a) in this agreement for item 18; or

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

(2) The nominated repairer is the tenant’s ﬁrst point of contact

for notifying the need for emergency repairs.

32 Notice 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.

33 Emergency 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 2 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.

Division 7 Restrictions on transfer or

subletting by tenant

34 General – 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.

35 State 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

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.

Division 8 When agreement ends

36 Ending of agreement – s 277

(1) This agreement ends only if –

(a) the tenant and the lessor agree in writing; or

General tenancy agreement (Form 18a)

Residential Tenancies and Rooming Accommodation Act 2008

Page 7 of 8 v16 Apr19

(b) the lessor gives a notice to leave the premises to the

tenant and the tenant hands over vacant possession of the

premises to the lessor on or after the handover day; or

to the lessor and hands over vacant possession of the

premises to the lessor on or after the handover day; or

(d) a tribunal makes an order terminating this agreement; or

(e) the tenant abandons the premises; or

(f) after receiving a notice from a mortgagee under section

317, the tenant vacates, or is removed from, the premises.

Note – For when a notice to leave or a notice of intention to leave may

be given and its effect and when an application for a termination order

may be made to a tribunal, see the information statement.

(2) Also, if a sole tenant dies, this agreement terminates in

accordance with section 277(7) or (8).

Note – See the information statement for details.

37 Condition premises must be left in – s 188(4)

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

38 Keys

At the end of the tenancy, the tenant must return to the lessor all

keys for the premises.

39 Tenant’s forwarding address – s 205(2)

(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 the tenant has a reasonable

excuse for not telling the lessor or agent the new address.

40 Exit 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

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.

41 Goods 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.

Division 9 Miscellaneous

42 Supply 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 requirement about a service

charge.

Note – See section 164 for what is a service charge.

43 Lessor’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.

44 Notices

(1) A notice under this agreement must be written and, if there is

an approved form for the notice, in the approved form.

Note – Download approved forms via the RTA website rta.qld.gov.au.

(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

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

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.

Level 23, 179 Turbot Street | GPO Box 390 Brisbane Q 4001 | t 1300 366 311 | rta.qld.gov.au

Page 8 of 8 v16 Apr19

General tenancy agreement (Form 18a)

Residential Tenancies and Rooming Accommodation Act 2008

Part 3 Special terms Insert any special terms here and/or attach a separate list if required. See clause 2(3) to 2(5)

The tenant/s must receive a copy of the information statement (Form 17a) and a copy of any applicable by-laws if copies have not

previously been given to the tenant/s. Do not send to the RTA—give this form to the tenant/s, keep a copy for your records.

Signature of lessor/agent Signature of tenant 1

Name/trading name Print name

Signature Signature

Date Date

Signature of tenant 2 Signature of tenant 3

Print name Print name

Signature Signature

Date Date

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