Disclosure

Before a tenant enters into an agreement or moves in to the property they must be given the following documents by the landlord or the landlord's agent:

• a copy of the proposed tenancy agreement (including a premises condition report, in duplicate), filled out where appropriate in the spaces provided; and
• a written statement as to the costs payable by the tenant on signing the agreement; and
• a copy of the Renting guide.

The tenant must be given time to read and understand the tenancy agreement before being asked to sign.

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Tenancy agreement

The law requires that there must be a written tenancy agreement between all landlords and tenants. The agreement must be provided by the landlord. Agreements can be purchased from most newsagencies and stationery stores.

The Act contains a standard form of tenancy agreement that must be used in all circumstances. Each tenancy agreement must consist of 2 parts:

• Part 1 - The terms of the agreement (ie what the landlord and tenant agree to do during the tenancy)
• Part 2 - A premises condition report, setting out the state of the premises at the beginning of the tenancy.

The standard terms of the agreement (terms 1 to 28) apply to all landlords and tenants and cannot be altered or deleted. Additional terms may be added to the agreement. It is essential that all parties read the tenancy agreement before signing it.

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Additional terms

There need not be any additional terms added to a tenancy agreement. Additional terms may however, be added to the agreement so long as they:

• expand on one of the standard terms of the agreement, or
• cover a matter under the Act which is not already dealt with in the agreement.

It is a breach of the tenancy law to add an additional term which conflicts with either the Act or one of the standard terms of the agreement. Any such terms are not binding or enforceable, even though the tenant may sign the agreement.

All additional terms, including any which may be printed on the agreement, are negotiable. The parties can agree to alter the wording or delete an additional term altogether.

Examples of additional terms which are not binding or enforceable include:

• the tenant agrees to have the carpet professionally cleaned when they vacate, or
• the tenant agrees to replace tap washers, stove elements or to be responsible for any other repairs to the premises.

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Length of tenancy

The length of the fixed term period of the tenancy is a matter to be agreed upon. The most common fixed term periods are 6 months or 12 months. The parties can agree to have a tenancy agreement for any other length of time.

Once the fixed term period of the tenancy ends the tenancy agreement itself does not end unless it is terminated by either the landlord or the tenant. If it is not terminated, the agreement becomes a continuing agreement with the same terms and conditions.

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Condition reports

Whenever a tenancy begins a premises condition report must be filled out. It should be a true and accurate account of the condition of the premises. The condition report may become the most important piece of evidence if a dispute arises over the condition of the premises at the end of the tenancy.

The steps needed to complete a condition report are:

• The landlord or agent must fill out and sign the condition report in triplicate (ie 3 copies) noting the cleanliness, general condition and working order of each applicable item on the report. Any comments should be written in the space provided, or on a separate page if there is no room.
• If the property is furnished a list of all the furniture and the condition of each item should be attached to the report.
• The tenant should then be given 2 copies of the filled out condition report at or before the time the tenancy begins.
• The tenant should take the report away and fill out the 'tenant agrees' column with a Y (for yes) or an N (for no). If the tenant does not agree they should write a reason in the comments area of the report.
• The tenant should sign and return a copy to the landlord or agent within 7 days and keep the other copy for themselves.

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Promised repairs

If the landlord or agent promises, prior to the start of the tenancy, to fix anything or do other work (eg cleaning or painting) this should be noted in the space provided at the end of the condition report. The tenant will then have written evidence on which to take the matter further if the repairs or other work are not carried out by the agreed date.

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