Fill - Free fillable Residential tenancy agreement (New South Wales) PDF form

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Residential Tenancies Regulation 2010 Schedule 1 Standard Form Agreement (Clause 4(1))

Standard form from 30 October 2016

Residential tenancy agreement

Landlord Name (1): Landlord Name (2):

Address for service of notices (can be an agent’s address):

Postcode:

Telephone number (of landlord or agent):

Tenant’s Name (1): Tenant’s Name (2):

Tenant’s Name (3): Add all other tenants here:

Address for service of notices (if different to address of premises):

Postcode:

Telephone number/s:

Landlord’s agent:

Address for service of notices:

Postcode:

Telephone number/s:

Premises:

(a) location

(b) inclusions

Insert inclusions, for example a common parking space or furniture provided. Attach a separate list if necessary.

The term of this agreement is weeks/months/years,

starting on / / and ending on / /

Rent: a week fortnight payable in advance starting on / /

For a ﬁxed term agreement insert the term.

Otherwise leave blank or write ‘periodic’

Term:

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The method by which the rent must be paid:

(a) to _______________________________________ at _______________________________________

by cash or cheque, or

(b) into the following account, or any other account nominated by the landlord:

BSB number: ______________________________ account number: __________________________________

account name: ___________________________________________________________________________

payment reference: ___________________________________________________________________ , or

______________________________________________________________________________________

Note: The landlord or landlord’s agent must permit the tenant to pay the rent by at least one means for which the

tenant does not incur a cost (other than bank or other account fees usually payable for the tenant’s transactions)

(see clause 4.1) and that is reasonably available to the tenant.

RENTAL BOND [

Cross out if there is not going to be a bond

A rental bond of $ ______________________ must be paid by the tenant on signing this agreement. The amount

of the rental bond must not be more than 4 weeks rent.

IMPORTANT INFORMATION

Maximum number of occupants

No more than __________ persons may ordinarily live in the premises at any one time.

Urgent repairs

Nominated tradespeople for urgent repairs

Electrical repairs: _______________________________________ Telephone: __________________________

Plumbing repairs: ______________________________________Telephone: __________________________

Other repairs: _________________________________________Telephone: __________________________

Water usage

Will the tenant be required to pay separately for water usage? Yes No

If yes, see clauses 11 and 12.

Strata by-laws

Are there any strata or community scheme by-laws applicable to the residential premises? Yes No

If yes, see clause 35.

Condition report

A condition report relating to the condition of the premises must be completed by or on behalf of the landlord

before or when this agreement is signed.

Tenancy laws

The

Residential Tenancies Act 2010

and the Residential Tenancies Regulation 2010 apply to this agreement. Both

the landlord and the tenant must comply with these laws.

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Right to occupy the premises

1. The landlord agrees that the tenant has the right to

occupy the residential premises during the tenancy.

The residential premises include the additional

things (if any) noted under ‘

Premises

’.

2. The landlord agrees to give the tenant:

2.1 a copy of this agreement before or when this

agreement is signed and given by the tenant

to the landlord or a person on the landlord’s

behalf, and

2.2 a copy of this agreement signed by both

the landlord and the tenant as soon as is

reasonably practicable.

Rent

3. The tenant agrees:

3.1 to pay rent on time, and

3.2 to reimburse the landlord for the cost of

replacing rent deposit books or rent cards lost

by the tenant, and

3.3 to reimburse the landlord for the amount of

any fees paid by the landlord to a bank or

other authorised deposit-taking institution

as a result of funds of the tenant not being

available for rent payment on the due date.

4. The landlord agrees:

4.1 to provide the tenant with at least one means

to pay rent for which the tenant does not

incur a cost (other than bank fees or other

account fees usually payable for the tenant’s

transactions) and that is reasonably available

to the tenant, and

4.2 not to require the tenant to pay more than

2 weeks rent in advance or to pay rent for a

period of the tenancy before the end of the

previous period for which rent has been paid,

and

4.3 not to require the tenant to pay rent by a

cheque or other negotiable instrument that is

post-dated, and

4.4 to accept payment of unpaid rent after the

landlord has given a termination notice on

the ground of failure to pay rent if the tenant

has not vacated the residential premises, and

4.5 not to use rent paid by the tenant for the

purpose of any amount payable by the tenant

other than rent, and

4.6 to give a rent receipt to the tenant if rent is

paid in person (other than by cheque) and to

make a rent receipt available for collection

by the tenant or to post it to the residential

premises if rent is paid by cheque, and

4.7 to keep a record of rent paid under this

agreement and to provide a written

statement showing the rent record for a

speciﬁed period within 7 days of a request by

the tenant (unless the landlord has previously

provided a statement for the same period).

Note. The landlord and tenant may, by agreement,

change the manner in which rent is payable under this

agreement.

Rent increases

5. The landlord and the tenant agree that

the rent cannot be increased after the end of the

ﬁxed term (if any) of this agreement or under this

agreement unless the landlord gives not less than

60 days written notice of the increase to the tenant.

The notice must specify the increased rent and the

day from which it is payable.

Note: Section 42 of the Residential Tenancies Act

2010 sets out the circumstances in which rent may be

increased during the ﬁxed term of a residential tenancy

agreement. An additional term for this purpose may be

included in the agreement.

6. The landlord and the tenant agree:

6.1 that the increased rent is payable from the

day speciﬁed in the notice, and

6.2 that the landlord may cancel or reduce the

rent increase by a later notice that takes effect

on the same day as the original notice, and

6.3 that increased rent under this agreement

is not payable unless the rent is increased

in accordance with this agreement and the

Residential Tenancies Act 2010

or by the NSW

Civil and Administrative Tribunal.

Rent reductions

7. The landlord and the tenant agree that the

rent abates if the residential premises:

7.1 are destroyed, or become wholly or partly

uninhabitable, otherwise than as a result of a

breach of this agreement, or

7.2 cease to be lawfully usable as a residence, or

7.3 are compulsorily appropriated or acquired by

an authority.

The Agreement

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8. The landlord and the tenant may, at any time during

this agreement, agree to reduce the rent payable.

Payment of council rates, land tax, water and

other charges

9. The landlord agrees to pay:

9.1 rates, taxes or charges payable under any Act

(other than charges payable by the tenant

under this agreement), and

9.2 the installation costs and charges for initial

connection to the residential premises of

an electricity, water, gas, bottled gas or oil

supply service, and

9.3 all charges for the supply of electricity, gas

(except bottled gas) or oil to the tenant at the

residential premises that are not separately

metered, and

9.4 the costs and charges for the supply or hire

of gas bottles for the supply of bottled gas at

the commencement of the tenancy, and

9.5 all charges (other than water usage charges)

in connection with a water supply service to

separately metered residential premises, and

9.6 all charges in connection with a water supply

service to residential premises that are not

separately metered, and

9.7 all charges for the supply of sewerage

services (other than for pump out septic

services) or the supply or use of drainage

services to the residential premises, and

9.8 all charges for the availability of gas to

the residential premises if the premises do

not have any appliances, supplied by the

landlord, for which gas is required and the

tenant does not use gas supplied to the

premises for any purpose.

10. The tenant agrees to pay:

10.1 all charges for the supply of electricity, gas

(except bottled gas) or oil to the tenant at

the residential premises if the premises are

separately metered, and

10.2 all charges for the supply of bottled gas to

the tenant at the residential premises, and

10.3 all charges for pumping out a septic system

used for the residential premises, and

10.4 any excess garbage charges relating to the

tenant’s use of the residential premises, and

10.5 water usage charges, if the landlord has

installed water efﬁciency measures referred

to in clause 11 and the residential premises:

10.5.1 are separately metered, or

10.5.2 are not connected to a water supply

service and water is delivered by

vehicle.

11. The landlord agrees that the tenant is not

required to pay water usage charges unless:

11.1 the landlord gives the tenant a copy of the

part of the water supply authority’s bill

setting out the charges, or other evidence of

the cost of water used by the tenant, and

11.2 the landlord gives the tenant at least 21 days

to pay the charges, and

11.3 the landlord requests payment of the charges

by the tenant not later than 3 months after

the issue of the bill for the charges by the

water supply authority, and

11.4 the residential premises have the following

water efﬁciency measures:

11.4.1 all internal cold water taps and

single mixer taps for kitchen sinks

or bathroom hand basins on the

premises have a maximum ﬂow rate

of 9 litres per minute,

11.4.2 all showerheads have a maximum

ﬂow rate of 9 litres per minute,

11.4.3 there are no leaking taps at the

commencement of this agreement or

when the water efﬁciency measures

are installed, whichever is the later.

12. The landlord agrees to give the tenant the

beneﬁt of, or an amount equivalent to, any rebate

received by the landlord for water usage charges

payable or paid by the tenant.

Possession of the premises

13. The landlord agrees:

13.1 to make sure the residential premises are

vacant so the tenant can move in on the date

agreed, and

13.2 to take all reasonable steps to ensure that,

at the time of signing this agreement, there

is no legal reason why the premises cannot

be used as a residence for the term of this

agreement.

Tenant’s right to quiet enjoyment

14. The landlord agrees:

14.1 that the tenant will have quiet enjoyment of

the residential premises without interruption

by the landlord or any person claiming by,

through or under the landlord or having

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superior title to that of the landlord (such as

a head landlord), and

14.2 that the landlord or the landlord’s agent will

not interfere with, or cause or permit any

interference with, the reasonable peace,

comfort or privacy of the tenant in using the

residential premises, and

14.3 that the landlord or the landlord’s agent

will take all reasonable steps to ensure that

the landlord’s other neighbouring tenants

do not interfere with the reasonable peace,

comfort or privacy of the tenant in using the

residential premises.

Use of the premises by tenant

15. The tenant agrees:

15.1 not to use the residential premises, or cause

or permit the premises to be used, for any

illegal purpose, and

15.2 not to cause or permit a nuisance, and

15.3 not to interfere, or cause or permit

interference, with the reasonable peace,

comfort or privacy of neighbours, and

15.4 not to intentionally or negligently cause

or permit any damage to the residential

premises, and

15.5 not to cause or permit more people to reside

in the residential premises than is permitted

by this agreement.

16. The tenant agrees:

16.1 to keep the residential premises reasonably

clean, and

16.2 to notify the landlord as soon as practicable

of any damage to the residential premises,

and

16.3 that the tenant is responsible to the landlord

for any act or omission by a person who is

lawfully on the residential premises if the

person is only permitted on the premises with

the tenant’s consent and the act or omission

would be in breach of this agreement if done

or omitted by the tenant, and

16.4 that it is the tenant’s responsibility to replace

light globes and batteries for smoke detectors

on the residential premises.

17. The tenant agrees, when this agreement ends

and before giving vacant possession of the premises

to the landlord:

17.1 to remove all the tenant’s goods from the

residential premises, and

17.2 to leave the residential premises as nearly as

possible in the same condition, fair wear and

tear excepted, as at the commencement of

the tenancy, and

17.3 to leave the residential premises reasonably

clean, having regard to their condition at the

commencement of the tenancy, and

17.4 to remove or arrange for the removal of all

rubbish from the residential premises, and

17.5 to make sure that all light ﬁttings on the

premises have working globes, and

17.6 to return to the landlord all keys, and other

opening devices or similar devices, provided

by the landlord.

Landlord’s general obligations for residential

premises

18. The landlord agrees:

18.1 to make sure that the residential premises are

reasonably clean and ﬁt to live in, and

18.2 to make sure that all light ﬁttings on the

residential premises have working light

globes on the commencement of the tenancy,

and

18.3 to keep the residential premises in a

reasonable state of repair, considering the

age of, the rent paid for and the prospective

life of the premises, and

18.4 not to interfere with the supply of gas,

electricity, water, telecommunications or

other services to the residential premises

(unless the interference is necessary to avoid

danger to any person or enable maintenance

or repairs to be carried out), and

18.5 to comply with all statutory obligations

relating to the health or safety of the

residential premises.

Urgent repairs

19. The landlord agrees to pay the tenant, within

14 days after receiving written notice from the

tenant, any reasonable costs (not exceeding

$1,000) that the tenant has incurred for making

urgent repairs to the residential premises (of the

type set out below) so long as:

19.1 the damage was not caused as a result of a

breach of this agreement by the tenant, and

19.2 the tenant gives or makes a reasonable

attempt to give the landlord notice of the

damage, and

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19.3 the tenant gives the landlord a reasonable

opportunity to make the repairs, and

19.4 the tenant makes a reasonable attempt to

have any appropriate tradesperson named in

this agreement make the repairs, and

19.5 the repairs are carried out, where

appropriate, by licensed or properly qualiﬁed

persons, and

19.6 the tenant, as soon as possible, gives or tries

to give the landlord written details of the

repairs, including the cost and the receipts for

anything the tenant pays for.

Note: The type of repairs that are urgent repairs are

deﬁned as follows:

(a) a burst water service,

(b) an appliance, ﬁtting or ﬁxture that uses water

or is used to supply water that is broken or

not functioning properly, so that a substantial

amount of water is wasted,

(d a serious roof leak,

(e) a gas leak,

(f) a dangerous electrical fault,

(g ﬂooding or serious ﬂood damage,

(h serious storm or ﬁre damage,

(i) a failure or breakdown of the gas, electricity

or water supply to the premises,

(j) a failure or breakdown of any essential

service on the residential premises for

hot water, cooking, heating, cooling or

laundering,

(k) any fault or damage that causes the premises

to be unsafe or insecure.

Sale of the premises

20. The landlord agrees:

20.1 to give the tenant written notice that the

landlord intends to sell the residential

premises, at least 14 days before the premises

are made available for inspection by potential

purchasers, and

20.2 to make all reasonable efforts to agree with

the tenant as to the days and times when the

residential premises are to be available for

inspection by potential purchasers.

21. The tenant agrees not to unreasonably refuse

to agree to days and times when the residential

premises are to be available for inspection by

potential purchasers.

22. The landlord and tenant agree:

22.1 that the tenant is not required to agree to

the residential premises being available for

inspection more than twice in a period of a

week, and

22.2 that, if they fail to agree, the landlord may

show the residential premises to potential

purchasers not more than twice in any period

of a week and must give the tenant at least

48 hours notice each time.

Landlord’s access to the premises

23. The landlord agrees that the landlord, the

landlord’s agent or any person authorised in

writing by the landlord, during the currency of this

agreement, may only enter the residential premises

in the following circumstances:

23.1 in an emergency (including entry for the

purpose of carrying out urgent repairs),

23.2 if the NSW Civil and Administrative Tribunal

so orders,

23.3 if there is good reason for the landlord to

believe the premises are abandoned,

23.4 if there is good reason for serious concern

about the health of the tenant or any other

person on the residential premises and a

reasonable attempt has been made to obtain

consent to the entry,

23.5 to inspect the premises, if the tenant is given

at least 7 days written notice (no more than

4 inspections are allowed in any period of

12 months),

23.6 to carry out, or assess the need for, necessary

repairs, if the tenant is given at least 2 days

notice each time,

23.7 to carry out, or assess the need for, work

relating to statutory health and safety

obligations relating to the residential

premises, if the tenant is given at least 2 days

notice each time,

23.8 to show the premises to prospective tenants

on a reasonable number of occasions if the

tenant is given reasonable notice on each

occasion (this is only allowed during the last

14 days of the agreement),

23.9 to value the property, if the tenant is given

7 days notice (not more than one valuation is

allowed in any period of 12 months),

23.10 if the tenant agrees.

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24. The landlord agrees that a person who enters

the residential premises under clause 23.5, 23.6,

23.7, 23.8 or 23.9 of this agreement:

24.1 must not enter the premises on a Sunday or a

public holiday, unless the tenant agrees, and

24.2 may enter the premises only between the

hours of 8.00 a.m. and 8.00 p.m., unless the

tenant agrees to another time, and

24.3 must, if practicable, notify the tenant of the

proposed day and time of entry.

25. The landlord agrees that, except in an

emergency (including to carry out urgent repairs),

a person other than the landlord or the landlord’s

agent must produce to the tenant the landlord’s or

the landlord’s agent’s written permission to enter

the residential premises.

26. The tenant agrees to give access to the

residential premises to the landlord, the landlord’s

agent or any person, if they are exercising a right

to enter the residential premises in accordance with

this agreement.

Alterations and additions to the premises

27. The tenant agrees:

27.1 not to install any ﬁxture or renovate, alter or

add to the residential premises without the

landlord’s written permission, and

27.2 not to remove, without the landlord’s

permission, any ﬁxture attached by the

tenant that was paid for by the landlord or for

which the landlord gave the tenant a beneﬁt

equivalent to the cost of the ﬁxture, and

27.3 to notify the landlord of any damage caused

by removing any ﬁxture attached by the

tenant, and

27.4 to repair any damage caused by removing the

ﬁxture or compensate the landlord for the

reasonable cost of repair.

28. The landlord agrees not to unreasonably

refuse permission for the installation of a ﬁxture

by the tenant or to a minor alteration, addition or

renovation by the tenant.

Locks and security devices

29. The landlord agrees:

29.1 to provide and maintain locks or other

security devices necessary to keep the

residential premises reasonably secure, and

29.2 to give each tenant under this agreement

a copy of the key or opening device or

information to open any lock or security

device for the residential premises or common

property to which the tenant is entitled to

have access, and

29.3 not to charge the tenant for the cost of

providing the copies except to recover the

cost of replacement or additional copies, and

29.4 not to alter, remove or add any lock or

other security device without reasonable

excuse (which includes an emergency, an

order of the NSW Civil and Administrative

Tribunal, termination of a co-tenancy or an

apprehended violence order prohibiting a

tenant or occupant from having access) or

unless the tenant agrees, and

29.5 to give each tenant under this agreement

a copy of any key or other opening device

or information to open any lock or security

device that the landlord changes as soon as

practicable (and no later than 7 days) after

the change.

30. The tenant agrees:

30.1 not to alter, remove or add any lock or

other security device without reasonable

excuse (which includes an emergency, an

order of the NSW Civil and Administrative

Tribunal, termination of a co-tenancy or an

apprehended violence order prohibiting a

tenant or occupant from having access) or

unless the landlord agrees, and

30.2 to give the landlord a copy of the key or

opening device or information to open

any lock or security device that the tenant

changes within 7 days of the change.

31. A copy of a changed key or other opening device

need not be given to the other party if the other

party agrees not to be given a copy or the NSW

Civil and Administrative Tribunal authorises a copy

not to be given or the other party is prohibited

from access to the residential premises by an

apprehended violence order.

Transfer of tenancy or sub-letting by tenant

32. The landlord and tenant agree that:

32.1 the tenant may, with the landlord’s written

permission, transfer the tenant’s tenancy

under this agreement or sub-let the

residential premises, and

32.2 the landlord may refuse permission (whether

or not it is reasonable to do so) to the

transfer of the whole of the tenancy or

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sub-letting the whole of the residential

premises, and

32.3 the landlord must not unreasonably refuse

permission to a transfer of part of a tenancy

or a sub-letting of part of the residential

premises, and

32.4 without limiting clause 32.3, the landlord

may refuse permission to a transfer of part

of the tenancy or to sub-letting part of

the residential premises if the number of

occupants would be more than is permitted

under this agreement or any proposed

tenant or sub-tenant is listed on a residential

tenancy database or it would result in

overcrowding of the residential premises.

Note: Clauses 32.3 and 32.4 do not apply to social

tenancy housing agreements.

33. The landlord agrees not to charge for giving

permission other than for the landlord’s reasonable

expenses in giving permission.

Change in details of landlord or landlord’s agent

34. The landlord agrees:

34.1 if the name and telephone number or contact

details of the landlord change, to give the

tenant notice in writing of the change within

14 days, and

34.2 if the address of the landlord changes (and

the landlord does not have an agent), to give

the tenant notice in writing of the change

within 14 days, and

34.3 if the name, telephone number or business

address of the landlord’s agent changes or

the landlord appoints an agent, to give the

tenant notice in writing of the change or

the agent’s name, telephone number and

business address, as appropriate, within 14

days, and

34.4 if the landlord or landlord’s agent is a

corporation and the name or business

address of the corporation changes, to give

the tenant notice in writing of the change

within 14 days.

Copy of certain by-laws to be provided

[Cross out if not applicable]

35. The landlord agrees to give to the tenant within

7 days of entering into this agreement a copy of

the by-laws applying to the residential premises

if they are premises under the Strata Schemes

Management Act 1996, the Strata Schemes

(Leasehold Development) Act 1986, the Community

Land Development Act 1989 or the Community

Land Management Act 1989.

Mitigation of loss

36. The rules of law relating to mitigation of loss or

damage on breach of a contract apply to a breach

of this agreement. (For example, if the tenant

breaches this agreement the landlord will not be

able to claim damages for loss which could have

been avoided by reasonable effort by the landlord.)

Rental bond

[Cross out this clause if no rental bond is payable]

37. The landlord agrees that where the landlord

or the landlord’s agent applies to the Rental Bond

Board or the NSW Civil and Administrative Tribunal

for payment of the whole or part of the rental bond

to the landlord, then the landlord or the landlord’s

agent will provide the tenant with details of the

amount claimed and with copies of any quotations,

accounts and receipts that are relevant to the claim

and a copy of a completed condition report about

the residential premises at the end of the residential

tenancy agreement.

Smoke alarms

38. The landlord agrees to ensure that smoke

alarms are installed and maintained in the

residential premises in accordance with section

146A of the

Environmental Planning and

Assessment Act 1979

if that section requires them

to be installed in the premises.

39. The landlord and tenant each agree not to

remove or interfere with the operation of a smoke

alarm installed on the residential premises unless

they have a reasonable excuse to do so.

Swimming pools

[Cross out this clause if there is no swimming pool]

40. The landlord agrees to ensure that the

requirements of the

Swimming Pools Act 1992

have

been complied with in respect of the swimming

pool on the residential premises.

[Cross out the following clause if there is no swimming

pool or the swimming pool is situated on land in

a strata scheme (within the meaning of the Strata

Schemes Management Act 1996) or in a community

scheme (within the meaning of the Community Land

Development Act 1989) and that strata or community

scheme comprises more than 2 lots]

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40A. The landlord agrees to ensure that at the

time that this residential tenancy agreement

is entered into:

40A.1 the swimming pool on the residential

premises is registered under the

Swimming Pools Act 1992

and has a

valid certiﬁcate of compliance under

that Act or a relevant occupation

certiﬁcate within the meaning of that

Act, and

40A.2 a copy of that valid certiﬁcate of

compliance or relevant occupation

certiﬁcate is provided to the tenant.

Loose-ﬁll asbestos insulation

40B. The landlord agrees:

40B.1 if, at the time that this residential

tenancy agreement is entered into,

the premises have been and remain

listed on the LFAI Register, the tenant

has been advised in writing by the

landlord that the premises are listed

on that Register, or

40B.2 if, during the tenancy, the premises

become listed on the LFAI Register, to

advise the tenant in writing, within

14 days of the premises being listed

on the Register, that the premises are

listed on the Register.

Additional terms

[Additional terms may be included in this agreement if:

(a) both the landlord and tenant agree to the terms,

and

(b) they do not conﬂict with the

Residential Tenancies

Act 2010

, the Residential Tenancies Regulation 2010

or any other Act, and

agreement.

ANY ADDITIONAL TERMS ARE NOT REQUIRED BY LAW

AND ARE NEGOTIABLE.]

Additional term—break fee

[Cross out this clause if not applicable]

41. The tenant agrees that, if the tenant ends the

residential tenancy agreement before the end of the

ﬁxed term of the agreement, the tenant must pay a

break fee of the following amount:

41.1 if the ﬁxed term is for 3 years or less, 6 weeks

rent if less than half of the term has expired

or 4 weeks rent in any other case, or

41.2 if the ﬁxed term is for more than 3 years,

[specify amount]:

This clause does not apply if the tenant terminates

the residential tenancy agreement early for a reason

that is permitted under the Residential Tenancies

Act 2010.

Note: Permitted reasons for early termination include

destruction of residential premises, breach of the

agreement by the landlord and an offer of social

housing or a place in an aged care facility. Section 107

of the Residential Tenancies Act 2010 regulates the

rights of the landlord and tenant under this clause.

42. The landlord agrees that the compensation payable

by the tenant for ending the residential tenancy

agreement before the end of the ﬁxed term is

limited to the amount speciﬁed in clause 41 and

any occupation fee payable under the

Residential

Tenancies Act 2010

for goods left on the residential

premises.

Additional term—pets

[Cross out this clause if not applicable]

43. The tenant agrees not to keep animals on the

residential premises without obtaining the

landlord’s consent.

44. The landlord agrees that the tenant may keep the

following animals on the residential premises:

______________________________________

45. The tenant agrees to have the carpet professionally

cleaned or to have the residential premises

fumigated if the cleaning or fumigation is required

because animals have been kept on the residential

premises during the tenancy.

Insert any other agreed additional terms here.

Attach a separate page if necessary.

_____________________________________

For information about your rights and responsibilities under this agreement, contact Fair Trading at www.fairtrading.nsw.gov.au or call 13 32 20.

Notes

1. Deﬁnitions

In this agreement:

landlord means the person who grants the right to

occupy residential premises under this agreement,

and includes a successor in title to the residential

premises whose interest is subject to that of the

tenant.

landlord’s agent means a person who acts as

the agent of the landlord and who (whether or not

the person carries on any other business) carries on

business as an agent for:

(a) the letting of residential premises, or

(b) the collection of rents payable for any tenancy

of residential premises.

LFAI Register means the register of residential

premises that contain or have contained loose-ﬁll

asbestos insulation that is required to be

maintained under Division 1A of Part 8 of the

Home

Building Act 1989

rental bond means money paid by the tenant as

security to carry out this agreement.

residential premises means any premises or part

of premises (including any land occupied with the

premises) used or intended to be used as a place of

residence.

tenancy means the right to occupy residential

premises under this agreement.

tenant means the person who has the right to

occupy residential premises under this agreement,

and includes the person to whom such a right

passes by transfer or operation of the law and a

sub-tenant of the tenant.

2. Continuation of tenancy (if ﬁxed term

agreement)

Once any ﬁxed term of this agreement ends, the

agreement continues in force on the same terms as a

periodic agreement unless the agreement is terminated

by the landlord or the tenant in accordance with the

Residential Tenancies Act 2010

(see notes 3 and 4).

Clause 5 of this agreement provides for rent to be able

to be increased if the agreement continues in force.

3. Ending a ﬁxed term agreement

If this agreement is a ﬁxed term agreement it may be

ended by the landlord or the tenant by giving written

notice of termination. The notice may be given at any

time up until the end of the ﬁxed term but cannot take

effect until the term ends. The landlord must give at

least 30 days notice and the tenant must give at least 14

days notice.

4. Ending a periodic agreement

If this agreement is a periodic agreement it may be

ended by the landlord or the tenant by giving written

notice of termination. The notice may be given at any

time. The landlord must give at least 90 days notice and

the tenant must give at least 21 days notice.

5. Other grounds for ending agreement

The

Residential Tenancies Act 2010

also authorises the

landlord and tenant to end this agreement on other

grounds. The grounds for the landlord include sale of

the residential premises, breach of this agreement by

the tenant and hardship. The grounds for the tenant

include sale of the residential premises (not revealed

when this agreement was entered into), breach of this

agreement by the landlord and hardship. For more

information refer to that Act or contact NSW Fair

Trading on 13 32 20.

6. Warning

It is an offence for any person to obtain possession of

the residential premises without an order of the NSW

Civil and Administrative Tribunal if the tenant does

not willingly move out. A court can order ﬁnes and

compensation to be paid for such an offence.

For information about your rights and responsibilities under this agreement, contact Fair Trading at www.fairtrading.nsw.gov.au or call 13 32 20.

Signed by the landlord/agent Signed by the tenant (1)

Name of landlord/agent Name of tenant

Signature of landlord/agent

Signature of tenant

on the day of 20_ _ on the day of 20_ _

in the presence of (witness) in the presence of (witness)

Name of witness Name of witness

Signature of witness

Signed by the tenant (2) Signed by the tenant (3) and any other tenants

Name of tenant Name of tenant/s

Signature of tenant

Signature of tenant/s

on the day of 20_ _ on the day of 20_ _

in the presence of (witness) in the presence of (witness)

Name of witness Name of witness

Signature of witness

The tenant acknowledges that, at or before the time of signing this residential tenancy agreement, the tenant was

given a copy of the

New tenant checklist

published by NSW Fair Trading.

Signature of tenant/s

For information about your rights and obligations as a landlord or tenant, contact:

(a) NSW Fair Trading on 13 32 20 or www.fairtrading.nsw.gov.au, or

(b) Law Access NSW on 1300 888 529 or www.lawaccess.nsw.gov.au, or

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