Fillable Standard Residential Tenancy Agreement (New South Wales)

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Standard Residential Tenancy Agreement (New South Wales)

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The Standard Residential Tenancy Agreement (New South Wales) form is 23 pages long and contains:

  • 7 signatures
  • 1 check-box
  • 121 other fields

Country of origin: AUSTRALIA
File type: PDF

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13 32 20 | fairtrading.nsw.gov.au
Residential tenancy agreement | March 2020 Page 1/17
For information about your rights and responsibilities under this agreement, contact NSW Fair Trading at www.fairtrading.nsw.gov.au or call 13 32 20.
Residential Tenancies Regulation 2019 Schedule 1 Standard Form Agreement (Clause 4(1))
IMPORTANT INFORMATION
Please read this before completing the residential tenancy agreement (the
Agreement
).
1. This form is your written record of your tenancy agreement. This is a binding contract under the
Residential Tenancies Act 2010
, so please read all terms and conditions carefully.
2.
I f you need advice or information on your rights and responsibilities, please call NSW Fair Trading
on 13 32 20 or visit www.fairtrading.nsw.gov.au before signing the Agreement.
3. If you require extra space to list additional items and terms, attach a separate sheet. All
attachments should be signed and dated by both the landlord or the landlord’s agent and the
tenant to show that both parties have read and agree to the attachments.
4. The landlord or the landlord’s agent must give the tenant a copy of the signed Agreement and
any attachments, two copies or one electronic copy of the completed condition report and a
copy of the Tenant Information Statement published by NSW Fair Trading.
Landlord Name (1):
Postcode:
State:Suburb:
THIS AGREEMENT IS MADE ON
BETWEEN
Landlord Name (2):
Landlord telephone number or other contact details:
Note: These details must be provided for landlord(s), whether or not there is a landlord’s agent
Address for service of notices (can be an agent’s address):
Tenant Name (1):
Postcode:
Address for service of notices (if different to address of residential premises):
State:Suburb:
Tenant Name (2):
Tenant Name (3): Add all other tenants here:
Contact details:
AT
Note: The landlord(s) business address or residential address must be provided for landlord(s) if there
is no landlord’s agent
Standard form from 23 March 2020
Residential tenancy agreement
13 32 20 | fairtrading.nsw.gov.au
Residential tenancy agreement | March 2020 Page /17
For information about your rights and responsibilities under this agreement, contact NSW Fair Trading at www.fairtrading.nsw.gov.au or call 13 32 20.
2
Postcode:
Business address for service of notices:
State:Suburb:
Landlord’s agent details: [
If applicable
]
Agent name:
Contact details: [
This must include a telephone number
]
Postcode:
Address for service of notices:
State:Suburb:
Tenant’s agent details: [
If applicable
]
Agent name:
Contact details:
6 months 12 months 2 years 3 years
5 years Other (please specifiy): Periodic (no end date)
Term of agreement:
The term of this agreement is –
starting on
/ /
and ending on
/ /
[
Cross out if not applicable
]
Note: For a residential tenancy agreement having a fixed term of more than 3 years, the agreement must be annexed to the form
approved by the Registrar-General for registration under the Real Property Act 1900
The residential premises include:
Residential premises:
The residential premises are [
Insert address
]:
[
Insert any inclusions, for example a parking space or furniture provided. Attach additional pages if necessary.
]
Rent:
The rent is $
per
payable in advance starting on
Note: Under section 33 of the Residential Tenancies Act 2010, a landlord, or landlord’s agent, must not require a tenant to pay
more than 2 weeks rent in advance under this Agreement.
/ /
13 32 20 | fairtrading.nsw.gov.au
Residential tenancy agreement | March 2020 Page /17
For information about your rights and responsibilities under this agreement, contact NSW Fair Trading at www.fairtrading.nsw.gov.au or call 13 32 20.
3
The method by which the rent must be paid:
(a) Electronic Funds Transfer (EFT) into the following account, or any other account nominated by the
landlord:
BSB number:
account number:
account name:
payment reference:
(c) as follows:
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 fees 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.
The tenant provided the rental bond amount to:
the landlord or another person, or
the landlord’s agent, or
NSW Fair Trading through Rental Bond Online.
Note. All rental bonds must be lodged with NSW Fair Trading. If the bond is paid to the landlord or another person, it must be
deposited within 10 working days after it is paid using the Fair Trading approved form. If the bond is paid to the landlord’s agent,
it must be deposited within 10 working days after the end of the month in which it is paid.
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 12 and 13.
Utilities
Is
electricity
supplied to the premises from an embedded network? Yes No
Is
gas
supplied to the premises from an embedded network? Yes No
For more information on consumer rights if electricity or gas is supplied from an embedded network
contact NSW Fair Trading.
(b) to at
by cash, or
, or
13 32 20 | fairtrading.nsw.gov.au
Residential tenancy agreement | March 2020 Page /17
For information about your rights and responsibilities under this agreement, contact NSW Fair Trading at www.fairtrading.nsw.gov.au or call 13 32 20.
Smoke alarms
Indicate whether the smoke alarms installed in the residential premises are hardwired or battery
operated:
Hardwired smoke alarms
Battery operated smoke alarms
If the smoke alarms are battery operated, are the batteries in the
smoke alarms of a kind the tenant can replace?
If yes, specify the type of battery that needs to be used if the battery in the
smoke alarm needs to be replaced:
If the smoke alarms are hardwired, are the back-up batteries in the
smoke alarms of a kind the tenant can replace?
If yes, specify the type of back-up battery that needs to be used if the
back-up battery in the smoke alarm needs to be replaced:
If the
Strata Schemes Management Act 2015
applies to the residential premises,
is the owners corporation of the strata scheme responsible for the repair and
replacement of smoke alarms in the residential premises?
Strata by-laws
Are there any strata or community scheme by-laws applicable to the
residential premises?
If yes, see clauses 38 and 39.
Giving notices and other documents electronically [
Cross out if not applicable
]
Indicate below for each person whether the person provides express consent to any notice and any other
document under section 223 of the
Residential Tenancies Act 2010
being given or served on them by
email. The
Electronic Transactions Act 2000
applies to notices and other documents you send or receive
electronically.
Note.You should only consent to electronic service if you check your emails regularly. If there is more than one tenant on the
agreement, all tenants should agree on a single email address for electronic service. This will help ensure co-tenants receive
notices and other documents at the same time.
Landlord
Does the landlord give express consent to the electronic service of
notices and documents?
If yes, see clause 50.
[Specify email address to be used for the purpose of serving notices and documents.]
Tenant
Does the tenant give express consent to the electronic service of
notices and documents?
If yes, see clause 50.
[Specify email address to be used for the purpose of serving notices and documents.]
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 given to the tenant for signing.
Tenancy laws
The
Residential Tenancies Act 2010
and the
Residential Tenancies Regulation 2019
apply to this
agreement. Both the landlord and the tenant must comply with these laws.
4
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
13 32 20 | fairtrading.nsw.gov.au
Residential tenancy agreement | March 2020 Page /17
For information about your rights and responsibilities under this agreement, contact NSW Fair Trading at www.fairtrading.nsw.gov.au or call 13 32 20.
The Agreement
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
‘Residential premises’ on page 2 of
this agreement.
COPY OF AGREEMENT
2. The landlord agrees to give the tenant:
2.1 a copy of this agreement before or when
the tenant gives the signed copy of the
agreement to the landlord or landlord’s
agent, 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
4.7 to make a rent receipt available for
collection by the tenant or to post it to the
residential premises or to send it by email to
an email address specified in this agreement
by the tenant for the service of documents
of that kind if rent is paid by cheque, and
4.8 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 if the agreement is for a fixed
term of 2 years or more, 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 that the rent
may not be increased after the end of the fixed
term (if any) of this agreement more than once
in any 12-month period.
7. The landlord and the tenant agree:
7.1 that the increased rent is payable from the
day specified in the notice, and
7. 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
7.3 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
Civil and Administrative Tribunal.
RENT REDUCTIONS
8. The landlord and the tenant agree that the rent
abates if the residential premises:
8.1 are destroyed, or become wholly or partly
uninhabitable, otherwise than as a result of a
breach of this agreement, or
5
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Residential tenancy agreement | March 2020 Page /17
For information about your rights and responsibilities under this agreement, contact NSW Fair Trading at www.fairtrading.nsw.gov.au or call 13 32 20.
8.2 cease to be lawfully usable as a residence,
or
8.3 are compulsorily appropriated or acquired
by an authority.
9. 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
10. The landlord agrees to pay:
10.1 rates, taxes or charges payable under any
Act (other than charges payable by the
tenant under this agreement), and
10.2 the installation costs and charges for initial
connection to the residential premises of
an electricity, water, gas, bottled gas or oil
supply service, and
10.3 all charges for the supply of electricity,
non-bottled gas or oil to the tenant at
the residential premises that are not
separately metered, and
Note 1. Clause 10.3 does not apply to premises located
in an embedded network in certain circumstances in
accordance with clauses 34 and 35 of the Residential
Tenancies Regulation 2019.
Note 2. Clause 10.3 does not apply to social housing
tenancy agreements in certain circumstances, in
accordance with clause 36 of the Residential Tenancies
Regulation 2019.
10.4 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
10.5 all charges (other than water usage
charges) in connection with a water supply
service to separately metered residential
premises, and
10.6 all charges in connection with a water
supply service to residential premises that
are not separately metered, and
10.7 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
10.8 all service availability charges, however
described, for the supply of non-bottled
gas to the residential premises if the
premises are separately metered but 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, and
10.9 the costs and charges for repair,
maintenance or other work carried out on
the residential premises which is required
to facilitate the proper installation or
replacement of an electricity meter, in
working order, including an advance
meter, if the meter installation is required
by the retailer to replace an existing
meter because the meter is faulty, testing
indicates the meter may become faulty or
the meter has reached the end of its life.
11. The tenant agrees to pay:
11.1 all charges for the supply of electricity or
oil to the tenant at the residential premises
if the premises are separately metered,
and
11.2 all charges for the supply of non-bottled
gas to the tenant at the residential
premises if the premises are separately
metered, unless 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,
and
Note. Charges for the supply of gas in certain
circumstances may also be payable by a tenant
under a social housing agreement in accordance
with clause 36 of the Residential Tenancies
Regulation 2019.
11.3 all charges for the supply of bottled gas
to the tenant at the residential premises
except for the costs and charges for the
supply or hire of gas bottles at the start of
the tenancy, and
11.4 all charges for pumping out a septic
system used for the residential premises,
and
11.5 any excess garbage charges relating to the
tenant’s use of the residential premises,
and
11.6 water usage charges, if the landlord
has installed water efficiency measures
referred to in clause 10 of the
Residential
Tenancies Regulation 2019
and the
residential premises:
11.6.1 are separately metered, or
11.6.2 are not connected to a water
supply service and water is
delivered by vehicle.
Note. Separately metered is defined in section 3 of the
Residential Tenancies Act 2010.
6
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Residential tenancy agreement | March 2020 Page /17
For information about your rights and responsibilities under this agreement, contact NSW Fair Trading at www.fairtrading.nsw.gov.au or call 13 32 20.
12. The landlord agrees that the tenant is not
required to pay water usage charges unless:
12.1 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
12.2 the landlord gives the tenant at least 21
days to pay the charges, and
12.3 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
12.4 the residential premises have the
following water efficiency measures:
12.4.1 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 a minute,
12.4.2 on and from 23 March 2025, all
toilets are dual flush toilets that
have a minimum 3 star rating
in accordance with the WELS
scheme,
12.4.3 all showerheads have a maximum
flow rate of 9 litres a minute,
12.4.4 at the commencement of the
residential tenancy agreement
and whenever any other water
efficiency measures are installed,
repaired or upgraded, the
premises are checked and any
leaking taps or toilets on the
premises have been fixed.
13. 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
14. The landlord agrees:
14.1 to make sure the residential premises are
vacant so the tenant can move in on the
date agreed, and
14.2 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
15. The landlord agrees:
15.1 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 superior title to that
of the landlord (such as a head landlord),
and
15.2 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
15.3 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
16. The tenant agrees:
16.1 not to use the residential premises, or
cause or permit the premises to be used,
for any illegal purpose, and
16.2 not to cause or permit a nuisance, and
16.3 not to interfere, or cause or permit
interference, with the reasonable peace,
comfort or privacy of neighbours, and
16.4 not to intentionally or negligently cause
or permit any damage to the residential
premises, and
16.5 not to cause or permit more people to
reside in the residential premises than is
permitted by this agreement.
17. The tenant agrees:
17.1 to keep the residential premises
reasonably clean, and
17. 2 to notify the landlord as soon as
practicable of any damage to the
residential premises, and
17.3 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
7
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Residential tenancy agreement | March 2020 Page /17
For information about your rights and responsibilities under this agreement, contact NSW Fair Trading at www.fairtrading.nsw.gov.au or call 13 32 20.
17.4 that it is the tenant’s responsibility to
replace light globes on the residential
premises.
18. The tenant agrees, when this agreement ends
and before giving vacant possession of the
premises to the landlord:
18.1 to remove all the tenant’s goods from the
residential premises, and
18.2 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
18.3 to leave the residential premises
reasonably clean, having regard to its
condition at the commencement of the
tenancy, and
18.4 to remove or arrange for the removal of
all rubbish from the residential premises
in a way that is lawful and in accordance
with council requirements, and
18.5 to make sure that all light fittings on the
premises have working globes, and
18.6 to return to the landlord all keys, and
other opening devices or similar devices,
provided by the landlord.
Note. Under section 54 of the Residential Tenancies
Act 2010, the vicarious liability of a tenant for damage
to residential premises caused by another person is not
imposed on a tenant who is the victim of a domestic
violence offence, or a co-tenant who is not a relevant
domestic violence offender, if the damage occurred during
the commission of a domestic violence offence (within the
meaning of that Act).
LANDLORD’S GENERAL OBLIGATIONS FOR
RESIDENTIAL PREMISES
19. The landlord agrees:
19.1 to make sure that the residential premises
are reasonably clean and fit to live in, and
Note 1. Section 52 of the Residential Tenancies
Act 2010 specifies the minimum requirements that
must be met for the residential premises to be fit to
live in. These include that the residential premises:
a) are structurally sound, and
b) have adequate natural light or artificial lighting
in each room of the premises other than a
room that is intended to be used only for the
purposes of storage or a garage, and
c) have adequate ventilation, and
d) are supplied with electricity or gas and have an
adequate number of electricity outlet sockets
or gas outlet sockets for the supply of lighting
and heating to, and use of appliances in, the
premises, and
e) have adequate plumbing and drainage, and
f) are connected to a water supply service or
infrastructure that supplies water (including,
but not limited to, a water bore or water tank)
that is able to supply to the premises hot
and cold water for drinking and ablution and
cleaning activities, and
g) contain bathroom facilities, including toilet and
washing facilities, that allow privacy for the
user.
Note 2. Premises are structurally sound only if
the floors, ceilings, walls, supporting structures
(including foundations), doors, windows, roof,
stairs, balconies, balustrades and railings:
a) are in a reasonable state of repair, and
b) with respect to the floors, ceilings, walls and
supporting structures – are not subject to
significant dampness, and
c) with respect to the roof, ceilings and windows
– do not allow water penetration into the
premises, and
d) are not liable to collapse because they are
rotted or otherwise defective.
19.2 to make sure that all light fittings on the
residential premises have working light
globes on the commencement of the
tenancy, and
19.3 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
19.4 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
19.5 not to hinder a tradesperson’s entry
to the residential premises when the
tradesperson is carrying out maintenance
or repairs necessary to avoid health or
safety risks to any person, or to avoid
a risk that the supply of gas, electricity,
water, telecommunications or other
services to the residential premises may
be disconnected, and
19.6 to comply with all statutory obligations
relating to the health or safety of the
residential premises, and
19.7 that a tenant who is the victim of a
domestic violence offence or a co-tenant
who is under the same agreement as the
victim of the domestic violence offence
8
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Residential tenancy agreement | March 2020 Page /17
For information about your rights and responsibilities under this agreement, contact NSW Fair Trading at www.fairtrading.nsw.gov.au or call 13 32 20.
but is not a relevant domestic violence
offender is not responsible to the
landlord for any act or omission by a co-
tenant that is a breach of this agreement
if the act or omission constitutes or
resulted in damage to the premises and
occurred during the commission of a
domestic violence offence.
URGENT REPAIRS
20. 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:
20.1 the damage was not caused as a result
of a breach of this agreement by the
tenant, and
20.2 the tenant gives or makes a reasonable
attempt to give the landlord notice of
the damage, and
20.3 the tenant gives the landlord a
reasonable opportunity to make the
repairs, and
20.4 the tenant makes a reasonable attempt
to have any appropriate tradesperson
named in this agreement make the
repairs, and
20.5 the repairs are carried out, where
appropriate, by licensed or properly
qualified persons, and
20.6 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 in the Residential Tenancies Act 2010
and 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,
(c) a blocked or broken lavatory system,
(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
21. The landlord agrees:
21.1 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
21.2 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.
22. 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.
23. The landlord and tenant agree:
23.1 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
23.2 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
24. 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:
24.1 in an emergency (including entry for the
purpose of carrying out urgent repairs),
24.2 if the Civil and Administrative Tribunal so
orders,
24.3 if there is good reason for the landlord
to believe the premises are abandoned,
24.4 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,
9
13 32 20 | fairtrading.nsw.gov.au
Residential tenancy agreement | March 2020 Page /17
For information about your rights and responsibilities under this agreement, contact NSW Fair Trading at www.fairtrading.nsw.gov.au or call 13 32 20.
24.5 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),
24.6 to carry out, or assess the need for,
necessary repairs, if the tenant is given at
least 2 days notice each time,
24.7 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,
24.8 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),
24.9 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),
24.10 to take photographs, or make visual
recordings, of the inside of the premises
in order to advertise the premises for sale
or lease, if the tenant is given reasonable
notice and reasonable opportunity to
move any of their possessions that can
reasonably be moved out of the frame
of the photograph or the scope of the
recording (this is only allowed once in a
28 day period before marketing of the
premises starts for sale or lease or the
termination of this agreement),
24.11 if the tenant agrees.
25. The landlord agrees that a person who
enters the residential premises under clause
24.5, 24.6, 24.7, 24.8, 24.9 or 24.10 of this
agreement:
25.1 must not enter the premises on a Sunday
or a public holiday, unless the tenant
agrees, and
25.2 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
25.3 must not stay on the residential premises
longer than is necessary to achieve the
purpose of the entry to the premises, and
25.4 must, if practicable, notify the tenant of
the proposed day and time of entry.
26. 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.
27. 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.
PUBLISHING PHOTOGRAPHS OR VISUAL
RECORDINGS
28. The landlord agrees that the landlord or
the landlord’s agent must not publish any
photographs taken or visual recordings made
of the inside of the residential premises in
which the tenant’s possessions are visible
unless they first obtain written consent from
the tenant.
Note. See section 55A of the Residential Tenancies
Act 2010 for when a photograph or visual recording is
‘published’.
29. The tenant agrees not to unreasonably
withhold consent. If the tenant is in
circumstances of domestic violence within the
meaning of section 105B of the
Residential
Tenancies Act 2010
, it is not unreasonable for
the tenant to withhold consent.
FIXTURES, ALTERATIONS, ADDITIONS OR
RENOVATIONS TO THE PREMISES
30. The tenant agrees:
30.1 not to install any fixture or renovate,
alter or add to the residential premises
without the landlord’s written
permission, and
30.2 that certain kinds of fixtures or
alterations, additions or renovations
that are of a minor nature specified by
clause 22(2) of the
Residential Tenancies
Regulation 2019
may only be carried out
by a person appropriately qualified to
install those fixtures or carry out those
alterations, additions or renovations
unless the landlord gives consent, and
30.3 to pay the cost of a fixture, installed
by or on behalf of the tenant, or any
renovation, alteration or addition to the
residential premises, unless the landlord
otherwise agrees, and
30.4 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
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For information about your rights and responsibilities under this agreement, contact NSW Fair Trading at www.fairtrading.nsw.gov.au or call 13 32 20.
30.5 to notify the landlord of any damage
caused by removing any fixture
attached by the tenant, and
30.6 to repair any damage caused by
removing the fixture or compensate
the landlord for the reasonable cost of
repair.
31. The landlord agrees not to unreasonably
withhold consent to a fixture, or to an alteration,
addition or renovation that is of a minor nature.
Note. The Residential Tenancies Regulation 2019 provides
a list of the kinds of fixtures or alterations, additions
or renovations of a minor nature to which it would be
unreasonable for a landlord to withhold consent and which
of those fixtures, or alterations, additions or renovations
the landlord may give consent to on the condition that the
fixture or alteration, addition or renovation is carried out by
an appropriately qualified person.
LOCKS AND SECURITY DEVICES
32. The landlord agrees:
32.1 to provide and maintain locks or other
security devices necessary to keep the
residential premises reasonably secure,
and
32.2 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
32.3 not to charge the tenant for the cost of
providing the copies except to recover
the cost of replacement or additional
copies, and
32.4 not to alter, remove or add any lock or
other security device without reasonable
excuse (which includes an emergency,
an order of the 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
32.5 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.
33. The tenant agrees:
33.1 not to alter, remove or add any lock or
other security device without reasonable
excuse (which includes an emergency,
an order of the 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
33.2 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.
34. 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 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
35. The landlord and the tenant agree that:
35.1 the tenant may, with the landlord’s
written permission, transfer the tenant’s
tenancy under this agreement or sub-let
the residential premises, and
35.2 the landlord may refuse permission
(whether or not it is reasonable to do
so) to the transfer of the whole of the
tenancy or sub-letting the whole of the
residential premises, and
35.3 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
35.4 without limiting clause 35.3, 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 35.3 and 35.4 do not apply to social tenancy
housing agreements.
36. The landlord agrees not to charge for giving
permission other than for the landlord’s
reasonable expenses in giving permission.
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For information about your rights and responsibilities under this agreement, contact NSW Fair Trading at www.fairtrading.nsw.gov.au or call 13 32 20.
CHANGE IN DETAILS OF LANDLORD OR
LANDLORD’S AGENT
37. The landlord agrees:
37.1 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
37. 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
37.3 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
37.4 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 clauses if not applicable
]
38. The landlord agrees to give to the tenant,
before the tenant enters into this agreement, a
copy of the by-laws applying to the residential
premises if they are premises under the
Strata
Schemes Management Act 2015.
39. 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 Development Act 2015,
the
Community Land Development Act 1989
or
the
Community Land Management Act 1989.
MITIGATION OF LOSS
40. 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 clauses if no rental bond is payable
]
41. The landlord agrees that, where the landlord
or the landlord’s agent applies to the Rental
Bond Board or the Civil and Administrative
Tribunal for payment of the whole or part of
the rental bond to the landlord, the landlord
or the landlord’s agent will provide the tenant
with:
41.1 details of the amount claimed, and
41.2 copies of any quotations, accounts and
receipts that are relevant to the claim,
and
41.3 a copy of a completed condition report
about the residential premises at the end
of the residential tenancy agreement.
SMOKE ALARMS
42. The landlord agrees to:
42.1 ensure that smoke alarms are installed
in accordance with the
Environmental
Planning and Assessment Act 1979
if
that Act requires them to be installed
in the premises and are functioning in
accordance with the regulations under
that Act, and
42.2 conduct an annual check of all smoke
alarms installed on the residential
premises to ensure that the smoke
alarms are functioning, and
42.3 install or replace, or engage a person to
install or replace, all removable batteries
in all smoke alarms installed on the
residential premises annually, except for
smoke alarms that have a removable
lithium battery, and
42.4 install or replace, or engage a person to
install or replace, a removable lithium
battery in a smoke alarm in the period
specified by the manufacturer of the
smoke alarm, and
42.5 engage an authorised electrician to
repair or replace a hardwired smoke
alarm, and
42.6 repair or replace, a smoke alarm within
2 business days of becoming aware that
the smoke alarm is not working, unless
the tenant notifies the landlord that the
tenant will carry out the repair to the
smoke alarm and the tenant carries out
the repair, and
42.7 reimburse the tenant for the costs of a
repair or replacement of a smoke alarm
in accordance with clause 18 of the
Residential Tenancies Regulation 2019,
that the tenant is allowed to carry out.
Note 1. Under section 64A of the Residential Tenancies Act
2010, repairs to a smoke alarm (which includes a heat alarm)
includes maintenance of a smoke alarm in working order by
installing or replacing a battery in the smoke alarm.
Note 2. Clauses 42.2-42.7 do not apply to a landlord of
premises that comprise or include a lot in a strata scheme
(within the meaning of the Strata Schemes Management
Act 2015) if the owners corporation is responsible for the
repair and
replacement of smoke alarms in the residential
premises.
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Residential tenancy agreement | March 2020 Page /17
For information about your rights and responsibilities under this agreement, contact NSW Fair Trading at www.fairtrading.nsw.gov.au or call 13 32 20.
Note 3. A tenant who intends to carry out a repair to
a smoke alarm may do so only in the circumstances
prescribed for a
tenant in clause 15 of the Residential
Tenancies Regulation 2019.
43. The tenant agrees:
43.1 to notify the landlord if a repair or
a replacement of a smoke alarm is
required, including replacing a battery in
the smoke alarm, and
43.2 that the tenant may only replace a
battery in a battery-operated smoke
alarm, or a back-up battery in a
hardwired smoke alarm, if the smoke
alarm has a removable battery or a
removable back-up battery, and
43.3 to give the landlord written notice, as
soon as practicable if the tenant will
carry out and has carried out a repair
or replacement, or engages a person
to carry out a repair or replacement,
in accordance with clauses 15-17 of the
Residential Tenancies Regulation 2019.
Note. Clauses 43.2 and 43.3 do not apply to tenants
under social housing tenancy agreements or tenants of
premises that comprise or include a lot in a strata scheme
(within the meaning of the Strata Schemes Management
Act 2015) if the owners corporation is responsible for the
repair and replacement of smoke alarms in the residential
premises.
44. 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.
Note. The regulations made under the Environmental
Planning and Assessment Act 1979 provide that it is an
offence to remove or interfere with the operation of a
smoke alarm or a heat alarm in particular circumstances.
SWIMMING POOLS
[
Cross out the following clause if there is no swimming pool
]
45. 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
2015) 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
]
46. The landlord agrees to ensure that at the
time that this residential tenancy agreement is
entered into:
46.1 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
46.2 a copy of that valid certificate of
compliance or relevant occupation
certificate is provided to the tenant.
Note. A swimming pool certificate of compliance is valid
for 3 years from its date of issue.
LOOSE-FILL ASBESTOS INSULATION
47. The landlord agrees:
47.1 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
47. 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.
COMBUSTIBLE CLADDING
48. The landlord agrees that if, during the tenancy,
the landlord becomes aware of any of the
following facts, the landlord will advise the
tenant in writing within 14 days of becoming
aware of the fact:
48.1 that the residential premises are part of
a building in relation to which a notice
of intention to issue a fire safety order,
or a fire safety order, has been issued
requiring rectification of the building
regarding external combustible cladding,
48.2 that the residential premises are part of
a building in relation to which a notice
of intention to issue a building product
rectification order, or a building product
rectification order, has been issued
requiring rectification of the building
regarding external combustible cladding,
48.3 that the residential premises are part
of a building where a development
application or complying development
certificate application has been lodged
for rectification of the building regarding
external combustible cladding.
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For information about your rights and responsibilities under this agreement, contact NSW Fair Trading at www.fairtrading.nsw.gov.au or call 13 32 20.
SIGNIFICANT HEALTH OR SAFETY RISKS
49. The landlord agrees that if, during the
tenancy, the landlord becomes aware that the
premises are subject to a significant health or
safety risk, the landlord will advise the tenant
in writing, within 14 days of becoming aware,
that the premises are subject to the significant
health or safety risk and the nature of the risk.
ELECTRONIC SERVICE OF NOTICES AND
OTHER DOCUMENTS
50. The landlord and the tenant agree:
50.1 to only serve any notices and any other
documents, authorised or required by
the
Residential Tenancies Act 2010
or
the regulations or this agreement, on
the other party by email if the other
party has provided express consent,
either as part of this agreement or
otherwise, that a specified email
address is to be used for the purpose of
serving notices and other documents,
and
50.2 to notify the other party in writing
within 7 days if the email address
specified for electronic service of
notices and other documents changes,
and
50.3 that they may withdraw their consent
to the electronic service of notices
and other documents at any time, by
notifying the other party in writing, and
50.4 if a notice is given withdrawing consent
to electronic service of notices and
other documents, following the giving
of such notice, no further notices or
other documents are to be served by
email.
BREAK FEE FOR FIXED TERM OF NOT MORE
THAN 3 YEARS
51. 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
if the fixed term is not more than 3 years:
51.1 4 weeks rent if less than 25% of the
fixed term has expired,
51.2 3 weeks rent if 25% or more but less
than 50% of the fixed term has expired,
51.3 2 weeks rent if 50% or more but less
than 75% of the fixed term has expired,
51.4 1 week’s rent if 75% or more of the fixed
term has expired.
This clause does not apply if the tenant
terminates a fixed term residential tenancy
agreement for a fixed term of more than 3 years
or if the tenant terminates a 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, and being in
circumstances of domestic violence. Section 107 of the
Residential Tenancies Act 2010 regulates the rights of
the landlord and tenant under this clause.
52. The landlord agrees that the compensation
payable by the tenant for ending the
residential tenancy agreement before the end
of the fixed term of not more than 3 years is
limited to the amount specified in clause 51
and any occupation fee payable under the
Residential Tenancies Act 2010
for goods left
on the residential premises.
Note. Section 107 of the Residential Tenancies Act 2010
also regulates the rights of landlords and tenants for a
residential tenancy agreement with a fixed term of more
than 3 years.
ADDITIONAL TERMS
[
Additional terms may be included in this agreement if:
(a) both the landlord and the tenant agree to the terms, and
(b) they do not conflict with the Residential Tenancies Act
2010, the Residential Tenancies Regulation 2019 or any
other Act, and
(c) they do not conflict with the standard terms of this
agreement.
Any additional terms are not required by law and are negotiable.]
ADDITIONAL TERM—PETS
[
Cross out clauses if not applicable
]
53. The landlord agrees that the tenant may
keep the following animal on the residential
premises [
specify the breed, size etc
]:
54. The tenant agrees:
54.1 to supervise and keep the animal within
the premises, and
54.2 to ensure that the animal does not
cause a nuisance, or breach the
reasonable peace, comfort or privacy of
neighbours, and
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For information about your rights and responsibilities under this agreement, contact NSW Fair Trading at www.fairtrading.nsw.gov.au or call 13 32 20.
54.3 to ensure that the animal is registered and
micro-chipped if required under law, and
54.4 to comply with any council requirements.
55. The tenant agrees to have the carpet
professionally cleaned or to pay the cost of
having the carpet professionally cleaned at
the end of the tenancy if cleaning is required
because an animal has been kept on the
residential premises during the tenancy.
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 and a tenant who
has granted the right to occupy residential
premises to a sub-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.
Insert any other agreed additional terms here.
Attach a separate page if necessary.
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).
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 ending the agreement include sale of the
residential premises requiring vacant possession,
breach of this agreement by the tenant, due to
hardship or if the agreement is frustrated because
the premises are destroyed, become wholly or
partly uninhabitable or cease to be lawfully usable
as a residence or are appropriated or acquired by
any authority by compulsory process.
The grounds for the tenant include breach by
the landlord of information disclosure provisions
under section 26 of the Act (not revealed when
this agreement was entered into), breach of
this agreement by the landlord, due to hardship
or if the agreement is frustrated because the
premises are destroyed, become wholly or partly
uninhabitable or cease to be lawfully usable as a
residence or are appropriated or acquired by any
authority by compulsory process.
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 Civil and Administrative Tribunal or a
judgement or order of a court if the tenant does
not willingly move out. A court can order fines
and compensation to be paid for such an offence.
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For information about your rights and responsibilities under this agreement, contact NSW Fair Trading at www.fairtrading.nsw.gov.au or call 13 32 20.
Note. Section 9 of the Electronic Transactions Act 2000 allows for agreements to be signed electronically in NSW if the parties
consent. If an electronic signature is used then it must comply with Division 2 of Part 2 of the Electronic Transactions Act 2000.
SIGNED BY THE LANDLORD/AGENT
Name of landlord/agent
Signature of landlord/agent
THE LANDLORD AND THE TENANT ENTER INTO THIS AGREEMENT AND AGREE TO ALL ITS TERMS.
20_ _
on the day of
Name of tenant
Signature of tenant
SIGNED BY THE TENANT (2)
Name of tenant Name of tenant
Signature of tenant Signature of tenant
SIGNED BY THE TENANT (3)
SIGNED BY THE TENANT (4)
LANDLORD INFORMATION STATEMENT
The landlord acknowledges that, at or before the time of signing this residential tenancy agreement,
the landlord has read and understood the contents of the Landlord Information Statement published by
NSW Fair Trading that sets out the landlord’s rights and obligations.
Signature of landlord/agent
20_ _
on the day of
Name of tenant
Signature of tenant
SIGNED BY THE TENANT (1)
20_ _
on the day of
20_ _
on the day of
20_ _
on the day of
20_ _
on the day of
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For information about your rights and responsibilities under this agreement, contact NSW Fair Trading at www.fairtrading.nsw.gov.au or call 13 32 20.
TENANT INFORMATION STATEMENT
The tenant acknowledges that, at or before the time of signing this residential tenancy agreement, the
tenant was given a copy of the Tenant Information Statement published by NSW Fair Trading.
Signature of tenant
20_ _
on the day of
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
(c) your local Tenants Advice and Advocacy Service at www.tenants.org.au
17
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Standard Residential Tenancy Agreement (New South Wales)

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