TENANCY APPLICATION FORM
STARTING THE TENANCY
Upon approval of your application for tenancy, you will be asked to pay a holding deposit. This deposit will need to be paid within 24 hours of being advised you have been approved for the property.
This deposit is non refundable and is equal to one weeks rent. If you change your mind or your circumstances change and you cannot proceed with the lease, this deposit is not refunded to you, as it is not the fault of the agent or landlord that the lease cannot commence. Upon signing the property lease, the deposit is recorded on your rent ledger as the first weeks rent.
You will be advised of the lease terms at the time of being offered the property. That is, length of lease - 6, 12, 24 months etc, pets allowed/approved, inclusions - such as lawnmowing, water usage etc
Upon receipt of your holding deposit, a day and time will be worked out with you to sign the lease and collect the property keys.
Prior to receiving the keys, you will need to have paid:
- Bond - equal to 4 weeks rent
- Rent - minimum of one week - this will mean you are paid at least 2 weeks in advance
Included with your lease will be a detailed condition report on the property. This report will cover:
- any existing damage to walls, floors, doors, windows etc
- fittings and fixtures in the house, such as lights, electrical appliances, curtains, blinds
- general proeprty condition, including grounds
It is important that you review this report upon starting the tenancy and record any items that you feel are missing or have been recorded inaccurately - take your own photos as well if you wish.
This report forms part of your lease and will be checked at quarterly inspections and when you vacate the property.
Any damage, that is not considered general wear and tear, or maintenance that has not been reported to our office for attention, may become your liability.
YOUR RESPONSIBILITIES WHEN RENTING
PAYING YOUR RENT
Rent must be paid in advance and can be paid weekly, fortnightly or monthly.
Your rent payment must cover the forthcoming period - not the previous one!
Rent can be paid in the following ways:
- Via internet banking to our rent trust bank account - details below
- Paid over the counter at any Westpac branch into our rent trust bank account - details below
- Your payroll officer can deduct your rent from your salary and pay it directly into our account
- Centrelink can deduct your rent from your Centrelink payment and send to our bank account
Our bank account details are:
Bank - Westpac Bowral
Account name - RESH Rent Trust
BSB - 032-716
Account number - 229245
Reference - insert your surname, or house number and street
If you are unable to pay your rent, you must contact our office immediately to discuss your situation and work out a payment arrangement.
If you fail to make rent payments, you will be contacted by telephone, SMS message or letter to advise of the amount outstanding and requesting immediate payment. If you fail to make payments, or break a payment arrangement you will be sent a termination notice and instructed to leave the property by the specified date. Failure to follow these instructions may result in the matter being referred to the Consumer Tenancy and Trade Tribunal for a hearing. Your rental record may also be entered to a tenacy database and future rental references will not be favourable.
MAINTAINING THE PROPERTY
You are required to maintain the property inside and outside, during the course of your tenancy.
- Lawns must be mowed on a regular basis to ensure they look neat and tidy.
- Edges must be cut with a whipper snipper/edger
- Weeds must be pulled from garden beds, paths and driveways
- Rubbish must be cleared from the gardens and front and rear yards.
- Cobwebs must be removed from eaves, windows, doorways
- Gutters must be cleaned on a regular basis
- Do not leave any old furniture, cars or general rubbish around the property
- House must be regularly vacuumed and dusted.
- Showers, toilets, baths must be cleaned on a regular basis to avoid stains, smells and mould.
- Stove top, grill, oven and exhaust fan in kitchen must be kept clean, use foil in griller trays to avoid spills and extra cleaning.
- Air conditioner/central heating filters must be cleaned regularly
Any damage or maintenance issues must be reported to our office immediately. Any damage as a result of your neglect must be repaired at your own expense.
The property will be inspected every three months and a detailed report is sent to the owners, noting any maintenance issues that require attention.
RESIDENTIAL TENANCY LAWS
Residential Tenancy Act 2010 & Residential Tenancy Regulation 2010
- The Residential Tenancy Act 2010 was passed by Parliament in June 2010 and the associated Regulation was developed and commenced in New South Wales on Monday January 31, 2011.
- Notice to vacate a rental property:
- If a landlord wants to give a tenant notice to vacate a property, without any grounds, and the fixed term lease has ended, the landlord is now required to give the tenant 90 days notice, instead of 60 days.
- If a landlord wants to give a tenant notice to vacate a property at the end of a fixed term lease, the landlord must give the tenant 30 days notice, instead of 14 days. This is only applicable if the notice is served prior to the end of the fixed term.
- Rent Arrears and Eviction:
- If a tenant is over 14 days in arrears with rent, notice can be given to the tenant to vacate within 14 days. At the same time, an application can be made to the Tribunal for a hearing. This is a time saver, as previously, the 14 days had to pass and then application was made to the Tribunal, if the tenant hadn't made any arrangement or vacated.
- However, if the tenant does repay all the money, the Tribunal will allow them to stay in the property and not order they vacate - unless they are habitual late payers.
- Rental Bonds, Lease Fees and Holding Fees:
- A holding fee can be charged to approved applicants, which is equal to one weeks rent. A holding fee guarantees the property for that approved applicant. If the applicant decides not to go ahead with the lease for the property, then the holding fee is forfeited.
- A maximum of 4 weeks rent can be charged for the property bond, regardless of the weekly rent or if the property is furnished.
- The tenant can no longer be charged a $15.00 lease preparation fee
- Water Efficiency:
- If a landlord wants to charge the tenant for water usage, the property must be separately metered and the inside taps and showers heads must be restricted to 9 litres/per minute flow - excluding the bath.
- The water usage must be invoiced to the tenant within 3 months of receiving the rates notice
- Disclosure to Tenants:
- The tenant must be made aware, prior to applying for a property or signing a lease of:
- The landlords intention to sell the property, specifically if the landlord has had contracts drawn up for the sale, or that a bank/financier is planning to recover the property
- Any health/safety issues relating to the property, such as mould, dampness, flooding, bushfires - within the last 5 years
- Any serious crime or murder that occured at the property
- Any other relevant information regarding the property that would be relevant information for a tenant
- Sale of a Rental Property:
- A landlord can list their property for sale at any time during the tenancy, but the tenant must be given 14 days notice of this, in writing, and inspections must be worked out between the tenant and the agent. If the tenant will not co-operate with inspection times, the agent will be allowed to have 2 inspections per week, by giving 48 hours notice to the tenant
- Existing Tenancies:
- The Act applies to existing and future tenancies, although it is not required to have existing tenants sign a new lease
- Additional Lease Terms:
- Landlords are no longer allowed to insist upon carpet shampooing upon vacating a property - unless the tenant has stained the carpets, or the tenant has a pet and agrees at the time of signing the lease that the carpets will shampooed upon vacating
- A tenant can no longer be forced to have contents or public liability insurance - it can be recommended only
- Breaking a Lease:
- A tenant can break a lease before the end of the fixed term, by agreeing to pay the rent up to the time a new tenant commences and paying any other landlord costs, such as advertising, let fees, GST etc
- The option is provided now in the lease for the tenant to agree to a one time fee of between 4 to 6 weeks rent - depending on how long the lease has to run and this fee would be fixed, regardless of how long it takes to re-let the property
- A tenant can break a lease with no penalty, if they are moved to public housing, a nursing home, the property goes on the market for sale and the tenant was never told or the tenant dies or there is legal reason, such as an AVO
- Copies of new lease documentation and renting guides are also available in our office or from the Fair Trading website