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This new legislation commences on 31 January 2011 and introduces over 100 changes to the previous legislation.

It is important for landlords to take note of the new prescribed Residential Tenancy Agreement and ensure that this Agreement is used instead of the previous Agreement.

We highlight some of the sections under the Act as follows:-

1.      Prohibited Terms

A Residential Tenancy Agreement must not contain any term that may have the following effect:-

  1. That the tenant must have the carpet professionally cleaned or pay the cost of such cleaning at the end of the term (except when the landlord allows the tenant to keep an animal on the premises).
  2. That the tenant must take out any kind of insurance.
  3. Exempting the landlord from any liabilities.
  4. That the tenant is liable for the payment of the remaining rent, penalties or damages if the tenant breaches the Agreement.

2.      Amounts Payable by Tenant

The tenant is only liable to pay the following:-

  1. Holding fee (which holds the property for 7 days on behalf of the tenant);
  2. Rent;
  3. Rental bond;
  4. Registration fees.

Note that the landlord is not able to claim any costs from the tenant for the preparation of a written Residential Tenancy Agreement.

3.      Notice of Termination

  1. The landlord may give notice to a tenant that the Residential Tenancy Agreement ends on the expiry date of the Agreement, however the notice must be given at least 30 days before the expiry date.
  2.  A 90 days notice must be given to end any periodic agreement.

4.       Rental Bond

  1. The tenant is only liable to pay a bond not exceeding 4 weeks rent.
  2. The landlord cannot request any further security save for the rental bond.
  3. The bond must be deposited with the relevant department and the Act constitutes a Rental Bond Board to administer the rental bond payments and refunds.

5.       Sale of Rented Premises

The landlord must give 14 days notice to the tenant of its intention to sell the property.  The landlord is also only entitled to 2 inspection times per week and the agent acting for the landlord should negotiate this with the tenant.

If you require any further information and/or advice in relation to this new legislation please do not hesitate to contact our property and commercial department manager Christine Martin on 07 5506 8245 or cmartin@attwoodmarshall.com.au.
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Jeff Garrett

Jeff Garrett

  • Legal Practice Director
  • Direct line: 07 5506 8201
  • Mobile: 0419 304 174