Residential Tenancies and Rooming Accommodation Act 2008Residential Tenancies and Rooming Accommodation Regulation 2009Part 1Preliminary1Short titleThis regulation may be cited as the Residential Tenancies and Rooming Accommodation Regulation 2009.2CommencementThis regulation commences on 1 July 2009.3DictionaryThe dictionary in schedule 7 defines particular terms used in this regulation.Part 2Standard terms and replacement termspt 2 hdg amd 2014 SL No. 342 s 3Division 1Preliminary4Application of pt 2This part does not apply to—

(a)a residential tenancy agreement for moveable dwelling premises under which the State or a State authority is the lessor; or

(b)a residential tenancy agreement that is not in writing; or

(c)a rooming accommodation agreement that is not in writing.

Division 2Residential tenancy agreements5Purpose of div 2The purpose of this division is to prescribe, for section 55 of the Act, standard terms for inclusion in a residential tenancy agreement to which this part applies.6General tenancy agreements(1)Schedule 1, part 2 states the standard terms for a residential tenancy agreement to which this part applies, other than a residential tenancy agreement—

(a)for moveable dwelling premises; or

(b)that is a State tenancy agreement.

(2)A residential tenancy agreement to which the standard terms in schedule 1, part 2 apply is a general tenancy agreement.(3)Schedule 1, part 1 states the information (the tenancy information) about a residential tenancy that must be included in a general tenancy agreement, other than a detail identified in the part as optional.7Moveable dwelling tenancy agreements(1)Schedule 2, part 2 states the standard terms for a residential tenancy agreement for a long tenancy (moveable dwelling) to which this part applies.(2)A residential tenancy agreement to which the standard terms in schedule 2, part 2 apply is a moveable dwelling tenancy agreement.(3)Schedule 2, part 1 states the information (also the tenancy information) about a residential tenancy that must be included in a moveable dwelling tenancy agreement, other than a detail identified in the part as optional.8State tenancy agreements(1)Schedule 3, part 2 states the standard terms for a residential tenancy agreement under which—

(a)the lessor is chief executive of the department in which the Housing Act 2003 is administered, acting on behalf of the State; or

(b)the lessor is the State and the tenant is an officer or employee of the State.

(2)A residential tenancy agreement to which the standard terms in schedule 3, part 2 apply is a State tenancy agreement.(3)Schedule 3, part 1 states the information (also the tenancy information) about a residential tenancy that must be included in a State tenancy agreement, other than a detail identified in the part as optional.Division 2ACommunity housing provider tenancy agreementspt 2 div 2A hdg ins 2014 SL No. 342 s 48APurpose of div 2AThe purpose of this division is to prescribe, for section 527C of the Act, replacement terms for inclusion in a community housing provider tenancy agreement.s 8A ins 2014 SL No. 342 s 48BCommunity housing provider tenancy agreements(1)Schedule 3A, part 2 states the replacement terms for a community housing provider tenancy agreement.(2)Schedule 3A, part 1 states the information (also the tenancy information) for the replacement terms about a residential tenancy that must be included in a community housing provider tenancy agreement.(3)The tenancy information of the community housing provider tenancy agreement is taken to include—

(a)the following details, if a notice given under section 527C(5) of the Act includes those details—

(i)the lessor as item 1 of the tenancy information;

(ii)the lessor’s agent as item 3 of the tenancy information;

(iii)the rent amount as item 7 of the tenancy information;

(iv)the day of payment of rent as item 8 of the tenancy information;

(v)the method of payment of rent as item 9 of the tenancy information;

(vi)the place of payment of rent as item 10 of the tenancy information;

(vii)the payment of services for the premises as item 12 of the tenancy information;

(viii)how the services are to be paid as item 14 of the tenancy information; and

(b)the details of the tenancy information for a former agreement, other than tenancy information mentioned in paragraph (a).

(4)In this section—item, in relation to tenancy information, means a numbered item in schedule 3A, part 1.former agreement, in relation to a community housing provider tenancy agreement, means the existing State tenancy agreement that is terminated under section 527C(2) of the Act and replaced by the community housing provider tenancy agreement.s 8B ins 2014 SL No. 342 s 4Division 3Rooming accommodation agreements9Purpose of div 3The purpose of this division is to prescribe, for section 73 of the Act, standard terms for inclusion in a rooming accommodation agreement.10Rooming accommodation agreements(1)Schedule 4, part 2 states the standard terms for a rooming accommodation agreement to which this part applies.(2)Schedule 4, part 1 states the information (the rooming accommodation information) about rooming accommodation that must be included in a rooming accommodation agreement, other than a detail identified in the part as optional.Division 4Other matters11Order and numbering of provisions(1)A document purporting to be a residential tenancy agreement or rooming accommodation agreement is taken not to include the standard terms or replacement terms if—

(a)the order in which the standard terms or replacement terms appear in the document is different from the order of the terms as they appear in the relevant schedule for the agreement; or

(b)the way the standard terms or replacement terms are numbered is different from the way the terms are numbered in the relevant schedule for the agreement; or

(c)the tenancy information or rooming accommodation information for the agreement is not properly included in the document as part 1 of the agreement.

(2)However, a subclause in a residential tenancy agreement or rooming accommodation agreement may be numbered using a decimal numbering system instead of a numeric numbering system.Example—Subclauses 2(1) to (5) of the standard terms of a general tenancy agreement may be numbered as subclauses 2.1 to 2.5.(3)If a subclause in a residential tenancy agreement or rooming accommodation agreement is numbered using a decimal numbering system, all consequential numbering changes must be made.Example—If a moveable dwelling tenancy agreement is numbered using a decimal numbering system, the reference in clause 29.3 of the standard terms of that agreement to ‘subclause (2)(a) and (b)’ must be changed to ‘subclause 29.2(a) and (b)’.(4)In this section—relevant schedule means—

(a)for a general tenancy agreement—schedule 1, part 2; or

(b)for a moveable dwelling tenancy agreement—schedule 2, part 2; or

(c)for a State tenancy agreement—schedule 3, part 2; or

(d)for a community housing provider tenancy agreement—schedule 3A, part 2; or

(e)for a rooming accommodation agreement—schedule 4, part 2.

s 11 amd 2014 SL No. 342 s 5Part 3House rules12Prescribed house rules—Act, s 267(1)For section 267(1) of the Act, schedule 5 states the house rules prescribed for rental premises.Part 4Approved reasons for listing personal information on a tenancy databasept 4 hdg amd 2016 SL No. 53 s 4Division 1Preliminary13Purpose of pt 4The purpose of this part is to prescribe, for section 459(1)(c) of the Act, the reasons for which personal information about a person (the relevant tenant), who was a person named as a tenant in a residential tenancy agreement (the relevant agreement) that has ended, may be listed on a tenancy database.s 13 amd 2016 SL No. 53 s 514Amount owing for particular approved reasons(1)This section applies to an approved reason stated in division 2 if the reason relates to an amount owed by the relevant tenant.(2)The approved reason applies only if the amount owed by the relevant tenant is more than the sum of—

(a)the minimum prescribed amount; and

(b)the amount stated for a tenancy guarantee, if any, applying to the relevant agreement.

(3)In this section—minimum prescribed amount means—

(a)if the relevant tenant has paid the rental bond amount for the relevant agreement—the amount of the rental bond paid by the relevant tenant; or

(b)otherwise—the amount of 1 week of rent under the relevant agreement.

Note—See section 180 of the Act for information about tenancy guarantees.s 14 sub 2016 SL No. 53 s 6Division 2Approved reasons15Unpaid rentA reason for listing personal information about the relevant tenant on a tenancy database is—

(a)the lessor under the relevant agreement gave the relevant tenant, under section 280 of the Act, a notice requiring the relevant tenant to remedy a breach of the relevant agreement relating to unpaid rent; and

(b)the relevant tenant failed to comply with the notice within the allowed remedy period; and

(c)the relevant tenant owes all or some of the amount to the lessor.

s 15 amd 2016 SL No. 53 s 716Amount owing under a conciliation agreement or tribunal orderA reason for listing personal information about the relevant tenant on a tenancy database is—

(a)the relevant tenant owes an amount to the lessor under the relevant agreement, arising from the relevant agreement, that the relevant tenant—

(i)agreed to pay under a conciliation agreement; or

(ii)was ordered to pay by a tribunal; and

(b)the time for paying the amount, under the conciliation agreement or tribunal order, has passed.

s 16 amd 2016 SL No. 53 s 817Amount owing after abandonment(1)A reason for listing personal information about the relevant tenant on a tenancy database is—

(a)the relevant tenant abandoned the premises that were occupied under the relevant agreement; and

(b)the relevant tenant owes an amount, under the relevant agreement, to the lessor under the relevant agreement.

(2)However, subsection (1) does not apply if the relevant tenant has made an application to a tribunal under section 356 of the Act that has not been finally dealt with.s 17 amd 2016 SL No. 53 s 918Objectionable behaviourA reason for listing personal information about the relevant tenant on a tenancy database is that, on an application by the lessor under the relevant agreement, a tribunal has made a termination order for the relevant agreement under section 345 of the Act.s 18 amd 2016 SL No. 53 s 1019Repeated breachesA reason for listing personal information about the relevant tenant on a tenancy database is that, on an application by the lessor under the relevant agreement, a tribunal has made a termination order for the relevant agreement under section 347 of the Act.s 19 amd 2016 SL No. 53 s 11Part 5General provisions19APrescribed minimum housing standards—Act, s 17A(1)For section 17A of the Act, the standards stated in schedule 5A are the prescribed minimum housing standards for the following premises—

(a)residential premises let, or to be let, under a residential tenancy agreement;

(b)premises in which rooming accommodation is, or is to be, provided.

(2)From 1 September 2023, the prescribed minimum housing standards apply to premises if a residential tenancy agreement, or rooming accommodation agreement, for the premises starts on or after that date.(3)From 1 September 2024, the prescribed minimum housing standards apply to all premises to which the standards do not already apply under subsection (2).s 19A ins 2021 Act No. 19 s 9820Payment under person’s direction—Act, s 141(2)For section 141(2) of the Act, a person is taken to have contributed to a rental bond if, after making reasonable enquires, the authority is satisfied the person contributed to the rental bond.21Payments above maximum amount—Act, s 146(3)For section 146(3) of the Act, the amount prescribed is—

(a)for a residential tenancy agreement—$700; and

(b)for a rooming accommodation agreement—$500.

22Prescribed water efficiency requirements—Act, s 166(8)(1)For section 166(8) of the Act, the following water efficiency requirements are prescribed—

(a)for toilets—a dual flush toilet with—

(i)a maximum water volume of 6.5L for a full flush and 3.5L for a half flush; and

(ii)an average flush volume of not more than 4L;

(b)for shower heads—a maximum flow rate of 9L a minute;

(c)for internal cold water taps installed over a hand basin, kitchen sink or laundry trough—a maximum flow rate of 9L a minute.

(2)For subsection (1)(a)(ii), the average flush volume of a dual flush toilet is the volume worked out using the following formula—where—AV means the average flush volume.FF means the volume of water used for a full flush.HF means the volume of water used for a half flush.Example—A toilet using 6L for a full flush and 3L for a half flush would have an average flush volume of 3.6L.(3)In this section—maximum flow rate, for a shower head or tap, means the maximum volume of water that can flow through the shower head or tap as installed.maximum water volume, for a full or half flush of a dual flush toilet, means the maximum volume of water used for each full or half flush.23Proceedings in which lessor’s agent may stand in lessor’s place—Act, s 206(1)(b)For section 206(1)(b) of the Act, any application a lessor or tenant may make to a tribunal is a prescribed proceeding.24Proceedings in which provider’s agent may stand in provider’s place—Act, s 248(1)(b)For section 248(1)(b) of the Act, any application a provider or resident may make to a tribunal is a prescribed proceeding.25Prescribed period for repeated breaches—Act, ss 299(1)(e), 315(1)(e), 376(1)(e) and 382(1)(e)For sections 299(1)(e), 315(1)(e), 376(1)(e) and 382(1)(e) of the Act, the period prescribed is 12 months.25ASupporting evidence—Act, ss 308B and 381B(1)For sections 308B(1)(b) and 381B(1)(b) of the Act, the following evidence is prescribed—

(a)any of the following orders or notices under the Domestic and Family Violence Protection Act 2012—

(i)a protection order;

(ii)a temporary protection order;

(iii)a police protection notice;

(iv)an interstate order;

(b)an injunction under the Family Law Act 1975 (Cwlth), section 68B(1)(a) or (b) or 114(1)(a);

(c)a report, in the approved form, about domestic violence signed by any of the following entities—

(i)a health practitioner;

(ii)a person who is eligible for membership of the Australian Association of Social Workers;

(iii)a refuge or crisis worker;

(iv)a domestic and family violence support worker or case manager;

(v)an Aboriginal and Torres Strait Islander medical service;

(vi)a solicitor.

(2)In this section—health practitioner means a person registered under the Health Practitioner Regulation National Law to practise, other than as a student, in any of the following health professions under that law—

(a)Aboriginal and Torres Strait Islander health practice;

(b)medical;

(c)midwifery;

(d)nursing;

(e)occupational therapy;

(f)psychology.

s 25A ins 2021 Act No. 19 s 9926Prescribed value for goods left on premises—Act, s 363(2)(a)For section 363(2)(a) of the Act, the amount prescribed is $1,500.27Prescribed value for lost property left on premises—Act, s 393(2)(b) and (5)(1)For section 393(2)(b) of the Act, the amount prescribed is $150.(2)For section 393(5) of the Act, the amount prescribed is $600.28Storage period for goods left on premises—Act, s 363(3)For section 363(3) of the Act, the period prescribed is—

(a)for a caravan, its contents and other goods used in occupying the caravan—3 months; or

(b)for other goods—1 month.

29Procedures for selling goods by auction—Act, s 363(5)(1)This section prescribes procedures under section 363(5) of the Act for a person selling goods by auction under section 363(4)(a) of the Act.(2)The person must give notice of the auction by publishing the notice in a newspaper circulating generally in the area where the goods were abandoned.(3)The notice must—

(a)describe the goods; and

(b)state the day, time and place the auction is to be held.

(4)The day the auction is to be held must be at least 7 days after the notice is published.30When a person is related to a director—Act, s 478(1)(a)For section 478(1)(a) of the Act, a person is related to a director if any of the following applies—

(a)the person is, or has been, the director’s spouse;

(b)the person is the director’s child and is entirely or substantially dependent on the director;

(c)the person is entirely or substantially dependent on the director and the person’s affairs are so closely connected with the affairs of the director that a benefit derived by the person, or a substantial part of it, could pass to the director;

(d)the director is entirely or substantially dependent on the person and the director’s affairs are so closely connected with the affairs of the person that a benefit derived by the director, or a substantial part of it, could pass to the person.

31When a director is related to a person—Act, s 478(3)For section 478(3) of the Act, a director is related to a person if any of the following applies—

(a)the director is, or has been, the person’s spouse;

(b)the person is the director’s child and is entirely or substantially dependent on the director;

32When a person is related to an employee—Act, s 518(1)(a)For section 518(1)(a) of the Act, a person is related to an employee if any of the following applies—

(a)the person is, or has been, the employee’s spouse;

(b)the person is the employee’s child and is entirely or substantially dependent on the employee;

(c)the person is entirely or substantially dependent on the employee and the person’s affairs are so closely connected with the affairs of the employee that a benefit derived by the person, or a substantial part of it, could pass to the employee.

33Prescribed days for certain provisions—Act, ss 544(2), 547(1) and 548(2)(1)For section 544(2) of the Act, the day prescribed is 1 July 2010.(2)For section 547(1) of the Act, the day prescribed is 1 July 2010.(3)For section 548(2) of the Act, the day prescribed is 1 January 2010.34FeesThe fees payable under the Act are in schedule 6.Part 6Transitional provisions for Residential Tenancies and Rooming Accommodation Amendment Regulation (No. 1) 2014pt 6 hdg ins 2014 SL No. 342 s 635Statements, documents, agreements and keys under existing State tenancy agreements(1)This section applies if—

(a)in relation to an existing State tenancy agreement—

(i)the State has given a statement or document to a tenant; or

(ii)the State has entered into an agreement with a tenant, other than a repayment agreement; or

(iii)the State has supplied locks and keys for the premises to a tenant; and

Examples for paragraph (a)—

an agreement about fixtures under clause 25 of an existing State tenancy agreement

a copy of a body corporate by-laws under the Body Corporate and Community Management Act 1997 given for a townhouse under clause 20 of an existing State tenancy agreement

(b)the replacement lessor for the existing State tenancy agreement has given a notice to the State under section 527C of the Act.

(2)The statement, document or agreement is taken to be a statement, document or agreement for the purposes of the community housing provider tenancy agreement.(3)The replacement lessor is taken to have supplied locks and keys for the premises to the tenant.(4)In this section—repayment agreement, in relation to an existing State tenancy agreement, means a written agreement entered into by the tenant and the State under the existing State tenancy agreement as a result of noncompliance with a housing assistance agreement.s 35 ins 2014 SL No. 342 s 636Entry condition reports under existing State tenancy agreements(1)This section applies if—

(a)there is an entry condition report for an existing State tenancy agreement; and

(b)the replacement lessor for the existing State tenancy agreement has given a notice to the State under section 527C of the Act.

(2)The entry condition report is taken to be the entry condition report for the community housing provider tenancy agreement and binds the parties to that agreement.s 36 ins 2014 SL No. 342 s 637No requirement for exit condition reports or supply of keys under existing State tenancy agreements(1)This section applies if a replacement lessor for an existing State tenancy agreement has given a notice to the State under section 527C of the Act.(2)Despite the termination of the existing State tenancy agreement—

(a)the tenant is not required to return to the lessor all keys under clause 36 of the existing State tenancy agreement; and

(b)the tenant is not required to prepare an exit condition report for the premises under clause 38 of the existing State tenancy agreement.

s 37 ins 2014 SL No. 342 s 638Rent paid in advance under existing State tenancy agreements(1)This section applies if, in relation to an existing State tenancy agreement—

(a)the replacement lessor has given a notice to the State under section 527C of the Act; and

(b)the tenant has paid the State an amount for rent in advance that relates to a period after the date stated in the notice.

(2)The rent relating to the period after the date stated in the notice must be paid by the State to the replacement lessor.(3)The amount paid by the State to the replacement lessor is taken to be a payment of rent in advance by the tenant under the community housing provider tenancy agreement.s 38 ins 2014 SL No. 342 s 6Schedule 1General tenancy agreementssection 6Part 1Tenancy detailsItem

1Lessor1.1Lessor’s name and address for service.1.2Any other contact details for the lessor.Note—Item 1.2 is optional.2Tenant2.1Tenant’s name.2.2Any address for service or other contact details for the tenant.Note—Item 2.2 is optional. See clause 44.3Lessor’s agent3.1If the lessor has an agent, the agent’s name and address for service.3.2Any other contact details for the agent.Note—Item 3.2 is optional.4Service of notices by email or facsimile4.1Whether a notice may be given to the lessor by email or facsimile.4.2Whether a notice may be given to the tenant by email or facsimile.4.3Whether a notice may be given to the lessor’s agent by email or facsimile.5Premises5.1The address of the premises.5.2Any inclusions for the premises.Examples of inclusions—furniture or other household goods let with the premises5.3Details of any repair orders applying to the premises or inclusions for the premises.6Term of agreement6.1Whether the agreement is a fixed term agreement or periodic agreement.6.2The day the agreement starts.6.3If the agreement is a fixed term agreement, the day the agreement finishes.7Rent—amountThe rent amount and whether it must be paid weekly, fortnightly or monthly.Note—See clause 8(1).8Rent—day of paymentThe day of each week, fortnight or month on which the rent must be paid.Note—See clause 8(2).9Rent—method of paymentThe way the rent must be paid.Note—Item 9 is optional. See clause 8(3).10Rent—place of paymentWhere the rent must be paid.Note—Item 10 is optional. See clause 8(4) to (6).11Rental bondThe amount of any rental bond.Note—See clause 13.12Services12.1Any services supplied to the premises, other than water, for which the tenant must pay.Examples of services—electricity and gasNote—See clause 16.12.2Whether the tenant must pay for water supplied to the premises.Note—See clause 17.13Apportionment of chargesFor each service listed for item 12.1, other than a service for which the premises are individually metered, the apportionment of the cost of the service that the tenant must pay.Example of how an apportionment might be worked out—the tenant must pay a percentage of the total chargeNote—See clause 16(c).14How services must be paid forFor each service listed for item 12.1, how the tenant must pay for the service.Note—See clause 16(d).15Number of occupantsThe number of persons allowed to reside at the premises.Note—See clause 23.16Body corporate by-laws16.1Whether body corporate by-laws apply to the tenant’s occupation of the premises.16.2Whether the tenant has been given a copy of the relevant by-laws.Note—See clause 22.17PetsThe type and number of pets approved by the lessor to be kept at the premises.Note—See clauses 33A to 33D.18Nominated repairers18.1The name and telephone number of the lessor’s nominated repairer for each of the following repairs—

(a)electrical repairs;

(b)plumbing repairs;

(c)other repairs.

18.2Whether or not the nominated repairer is the tenant’s first point of contact for notifying of the need for emergency repairs.Note—This item does not apply if clause 31 does not apply (see clause 31(4)).Part 2Standard termsDivision 1Preliminary1InterpretationIn this agreement—

(a)a reference to the premises includes a reference to any inclusions for the premises stated in this agreement for item 5.2; and

(b)a reference to a numbered section is a reference to the section in the Act with that number; and

(c)a reference to a numbered item is a reference to the item with that number in part 1; and

(d)a reference to a numbered clause is a reference to the clause of this agreement with that number.

2Terms of a general tenancy agreement(1)This part states, under the Residential Tenancies and Rooming Accommodation Act 2008 (the Act), section 55, the standard terms of a general tenancy agreement.(2)The Act also imposes duties on, and gives entitlements to, the lessor and tenant that are taken to be included as terms of this agreement.(3)The lessor and tenant may agree on other terms of this agreement (special terms).(4)A duty or entitlement under the Act overrides a standard term or special term if the term is inconsistent with the duty or entitlement.(5)A standard term overrides a special term if they are inconsistent.Note—Some breaches of this agreement may also be an offence under the Act, for example, if—

•the lessor or the lessor’s agent enters the premises in contravention of the rules of entry under sections 192 to 199; or

•the tenant does not sign and return the condition report to the lessor or the lessor’s agent under section 65.

3More than 1 lessor or tenant(1)This clause applies if more than 1 person is named in this agreement for item 1 or 2.(2)Each lessor named in this agreement for item 1 must perform all of the lessor’s obligations under this agreement.(3)Each tenant named in this agreement for item 2—

(a)holds their interest in the tenancy as a tenant in common unless a special term states the tenants are joint tenants; and

(b)must perform all the tenant’s obligations under this agreement.

Division 2Period of tenancy4Start of tenancy(1)The tenancy starts on the day stated in this agreement for item 6.2.(2)However, if no day is stated or if the stated day is before the signing of this agreement, the tenancy starts when the tenant is or was given a right to occupy the premises.5Entry condition report—s 65(1)The lessor must prepare, in the approved form, sign and give the tenant 1 copy of a condition report for the premises.(2)The copy must be given to the tenant on or before the day the tenant occupies the premises under this agreement.(3)The tenant must mark the copy of the report to show any parts the tenant disagrees with, and sign and return the copy to the lessor not later than 7 days after the later of the following days—

(a)the day the tenant occupies the premises;

(b)the day the tenant is given the copy of the condition report.

Note—A well completed condition report can be very important to help the parties if there is a dispute about the condition of the premises when the tenancy started. For more information about condition reports, see the information statement.(4)After the copy of the condition report is returned to the lessor by the tenant, the lessor must copy the condition report and return it to the tenant within 14 days.(5)However, the lessor does not have to prepare a condition report for the premises if—

(a)this agreement has the effect of continuing the tenant’s right to occupy the premises under an earlier residential tenancy agreement; and

(b)in accordance with the Act, a condition report was prepared for the premises for the earlier residential tenancy agreement.

(6)If a condition report is not prepared for this agreement because subclause (5) applies, the condition report prepared for the earlier residential tenancy agreement is taken to be the condition report for this agreement.6Continuation of fixed term agreement—s 70(1)This clause applies if—

(a)this agreement is a fixed term agreement; and

(b)none of the following notices are given, or agreements or applications made before the day the term ends (the end day)—

(i)a notice to leave;

(ii)a notice of intention to leave;

(iii)an abandonment termination notice;

(iv)a notice, agreement or application relating to the death of a sole tenant under section 277(7);

(v)a written agreement between the lessor and tenant to end the agreement.

(2)This agreement, other than a term about this agreement’s term, continues to apply after the end day on the basis that the tenant is holding over under a periodic agreement.Note—For more information about the notices, see the information statement.7Costs apply to early ending of fixed term agreement—s 357A(1)This clause applies if—

(a)this agreement is a fixed term agreement; and

(b)the tenant ends this agreement before the term ends in a way not permitted under the Act.

(2)The tenant must pay the reasonable costs incurred by the lessor in reletting the premises.Note—For when the tenant may end this agreement early under the Act, see clause 36 and the information statement. Under section 362, the lessor has a general duty to mitigate (avoid or reduce) the costs.(3)This clause does not apply if, after experiencing domestic violence, the tenant ends this agreement or the tenant’s interest in this agreement under chapter 5, part 1, division 3, subdivision 2A of the Act.Division 3Rent8When, how and where rent must be paid—ss 83 and 85(1)The tenant must pay the rent stated in this agreement for item 7.(2)The rent must be paid at the times stated in this agreement for item 8.(3)The rent must be paid—

(a)in the way stated in this agreement for item 9; or

(b)in the way agreed after the signing of this agreement by—

(i)the lessor or tenant giving the other party a notice proposing the way; and

(ii)the other party agreeing to the proposal in writing; or

(c)if there is no way stated in this agreement for item 9 or no way agreed after the signing of this agreement—in an approved way under section 83(4).Note—If the way rent is to be paid is another way agreed on by the lessor and tenant under section 83(4)(g), the lessor or the lessor’s agent must comply with the obligations under section 84(2).

(4)The rent must be paid at the place stated in this agreement for item 10.(5)However, if, after the signing of this agreement, the lessor gives a notice to the tenant stating a different place for payment and the place is reasonable, the rent must be paid at the place while the notice is in force.(6)If no place is stated in this agreement for item 10 and there is no notice stating a place, the rent must be paid at an appropriate place.Examples of an appropriate place—

•the lessor’s address for service

•the lessor’s agent’s office

9Rent in advance—s 87The lessor may require the tenant to pay rent in advance only if the payment is not more than—

(a)for a periodic agreement—2 weeks rent; or

(b)for a fixed term agreement—1 month rent.

Note—Under section 87(2), the lessor or the lessor’s agent must not require a payment of rent under this agreement in a period for which rent has already been paid.10Rent increases—ss 91 and 93(1)If the lessor proposes to increase the rent, the lessor must give notice of the proposal to the tenant.(2)The notice must state the amount of the increased rent and the day from when it is payable.(3)The day stated must not be earlier than the later of the following—

(a)2 months after the notice is given;

(b)12 months after the day the existing rent became payable by the tenant.

(4)Subject to an order of a tribunal, the increased rent is payable from the day stated in the notice, and this agreement is taken to be amended accordingly.(5)However, the increased rent is payable by the tenant only if—

(a)the rent is increased in compliance with this clause; and

(b)the increased rent is not payable before the end of the minimum period before the rent may be increased under section 93; and

(c)the increase in rent does not relate to—

(i)compliance of the premises or inclusions with the prescribed minimum housing standards; or

(ii)keeping a pet or working dog at the premises.

(6)Also, if this agreement is a fixed term agreement, the rent may not be increased before the term ends unless—

(a)this agreement provides for the rent increase; and

(b)this agreement states the amount of the increase or how the amount of the increase is to be worked out: and

(c)the increase is made in compliance with the matters mentioned in paragraph (b).

11Application to tribunal about excessive increase—s 92(1)After the lessor gives the tenant notice of a proposed rent increase, the tenant may apply to the tribunal for an order setting aside or reducing the increase if the tenant believes the increase—

(a)is excessive; or

(b)is not payable under clause 10.

(2)However, the application must be made—

(a)within 30 days after the notice is received; and

(b)for a fixed term agreement—before the term ends.

12Rent decreases—s 94Under section 94, the rent may decrease in certain situations.Note—For details of the situations, see the information statement.Division 4Rental bond13Rental bond required—ss 111 and 116(1)If a rental bond is stated in this agreement for item 11, the tenant must pay to the lessor or the lessor’s agent the rental bond amount—

(a)if a special term requires the bond to be paid at a stated time—at the stated time; or

(b)if a special term requires the bond to be paid by instalments—by instalments; or

(c)otherwise—when the tenant signs this agreement.

Note—There is a maximum bond that may be required. See section 146 and the information statement.(2)The lessor or the lessor’s agent must, within 10 days of receiving the bond or a part of the bond, pay it to the authority and give the authority a notice, in the approved form, about the bond.(3)The bond is intended to be available to financially protect the lessor if the tenant breaches this agreement.Example—The lessor may claim against the bond if the tenant does not leave the premises in the required condition at the end of the tenancy.Note—For how to apply to the authority or a tribunal for the bond at the end of the tenancy, see the information statement and sections 125 to 141. Delay in applying may mean that payment is made on another application for payment.14Increase in bond—s 154(1)The tenant must increase the rental bond if—

(a)the rent increases and the lessor gives notice to the tenant to increase the bond; and

(b)the notice is given at least 11 months after—

(i)this agreement started; or

(ii)if the bond has been increased previously by a notice given under this clause—the day stated in the notice, or the last notice, for making the increase.

(2)The notice must state the increased amount and the day by which the increase must be made.(3)For subclause (2), the day must be at least 1 month after the tenant is given the notice.Division 5Outgoings15Outgoings—s 163(1)The lessor must pay all charges, levies, premiums, rates or taxes for the premises, other than a service charge.Examples—body corporate levies, council general rates, sewerage charges, environment levies, land tax(2)This clause does not apply if—

(a)the lessor is the State; and

(b)rent is not payable under the agreement; and

(c)the tenant is an entity receiving financial or other assistance from the State to supply rented accommodation to persons.

16General service charges—ss 164 and 165The tenant must pay a service charge, other than a water service charge, for a service supplied to the premises during the tenancy if—

(a)the tenant enjoys or shares the benefit of the service; and

(b)the service is stated in this agreement for item 12.1; and

(c)either—

(i)the premises are individually metered for the service; or

(ii)this agreement states for item 13 how the tenant’s apportionment of the cost of the service is to be worked out; and

(d)this agreement states for item 14 how the tenant must pay for the service.

Note—Section 165(3) limits the amount the tenant must pay.17Water service charges—ss 164 and 166(1)The tenant must pay an amount for the water consumption charges for the premises if—

(a)the tenant is enjoying or sharing the benefit of a water service to the premises; and

(b)the premises are individually metered for the supply of water or water is supplied to the premises by delivery by means of a vehicle; and

(c)this agreement states for item 12.2 that the tenant must pay for water supplied to the premises.

Note—A water consumption charge does not include the amount of a water service charge that is a fixed charge for the water service.(2)However, the tenant does not have to pay an amount—

(a)that is more than the amount of the water consumption charges payable to the relevant water supplier; or

(b)that is a fixed charge for the water service to the premises.

(3)Also, the tenant does not have to pay an amount for a reasonable quantity of water supplied to the premises for a period if, during the period, the premises are not water efficient for section 166.Note—For details about water efficiency, see the information statement.(4)In deciding what is a reasonable quantity of water for subclause (3), regard must be had to the matters mentioned in section 169(4)(a) to (e).(5)The tenant must pay the amount of the charge to the lessor within 1 month of the lessor giving the tenant copies of relevant documents about the incurring of the amount.(6)In this clause—water consumption charge, for premises, means the variable part of a water service charge assessed on the volume of water supplied to the premises.Note—If there is a dispute about how much water (or any other service charge) the tenant should pay, the lessor or the tenant may attempt to resolve the dispute by conciliation. See the information statement for details.Division 6Rights and obligations concerning the premises during tenancySubdivision 1Occupation and use of premises18No legal impediments to occupation—s 181The lessor must ensure there is no legal impediment to occupation of the premises by the tenant as a residence for the term of the tenancy if, when entering into this agreement, the lessor knew about the impediment or ought reasonably to have known about it.Examples of possible legal impediments—

•if there is a mortgage over the premises, the lessor might need to obtain approval from the mortgagee before the tenancy can start

•a certificate might be required under the Building Act 1975 before the premises can lawfully be occupied

•the zoning of the land might prevent use of a building on the land as a residence

19Vacant possession and quiet enjoyment—ss 182 and 183(1)The lessor must ensure the tenant has vacant possession of the premises (other than a part of the premises that the tenant does not have a right to occupy exclusively) on the day the tenant is entitled to occupy the premises under this agreement.Editor’s note—Parts of the premises where the tenant does not have a right to occupy exclusively may be identified in a special term.(2)The lessor must take reasonable steps to ensure the tenant has quiet enjoyment of the premises.(3)The lessor or the lessor’s agent must not interfere with the reasonable peace, comfort or privacy of the tenant in using the premises.20Lessor’s right to enter the premises—ss 192–199The lessor or the lessor’s agent may enter the premises during the tenancy only if the obligations under sections 192 to 199 have been complied with.Note—See the information statement for details.21Tenant’s use of premises—ss 10 and 184(1)The tenant may use the premises only as a place of residence or mainly as a place of residence or for another use allowed under a special term.(2)The tenant must not—

(a)use the premises for an illegal purpose; or

(b)cause a nuisance by the use of the premises; orExamples of things that may constitute a nuisance—

•using paints or chemicals on the premises that go onto or cause odours on adjoining land

•causing loud noises

•allowing large amounts of water to escape onto adjoining land

(c)interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant; or

(d)allow another person on the premises to interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant.

22Units and townhouses—s 69(1)The lessor must give the tenant a copy of any body corporate by-laws applicable to—

(a)the occupation of the premises; or

(b)any common area available for use by the tenant with the premises.

(2)The tenant must comply with the body corporate by-laws.(3)Subclause (1) does not apply if—

(a)this agreement has the effect of continuing the tenant’s right to occupy the premises under an earlier residential tenancy agreement; and

(b)the lessor gave the tenant a copy of the body corporate by-laws in relation to the earlier agreement.

23Number of occupants allowedNo more than the number of persons stated in this agreement for item 15 may reside at the premises.Subdivision 2Standard of premises25Lessor’s obligations—s 185(1)At the start of the tenancy, the lessor must ensure—

(a)the premises are clean; and

(b)the premises are fit for the tenant to live in; and

(c)the premises are in good repair; and

(d)the lessor is not in breach of a law dealing with issues about the health or safety of persons using or entering the premises; and

(e)the premises and inclusions otherwise comply with any prescribed minimum housing standards applying to the premises or inclusions.

(2)While the tenancy continues, the lessor must—

(a)maintain the premises in a way that the premises remain fit for the tenant to live in; and

(b)maintain the premises in good repair; and

(c)ensure the lessor is not in breach of a law dealing with issues about the health or safety of persons using or entering the premises; and

(d)keep any common area included in the premises clean; and

(e)ensure the premises and inclusions otherwise comply with any prescribed minimum housing standards applying to the premises or inclusions.

Note—For details about the maintenance, see the information statement.(3)However, the lessor is not required to comply with subclause (1)(c) or (2)(a) for any non-standard items and the lessor is not responsible for their maintenance if—

(a)the lessor is the State; and

(b)the non-standard items are stated in this agreement and this agreement states the lessor is not responsible for their maintenance; and

(c)the non-standard items are not necessary and reasonable to make the premises a fit place in which to live; and

(d)the non-standard items are not a risk to health or safety; and

(e)for fixtures—the fixtures were not attached to the premises by the lessor.

(4)In this clause —non-standard items means the fixtures attached to the premises and inclusions supplied with the premises stated in this agreement for item 5.2.premises include any common area available for use by the tenant with the premises.26Tenant’s obligations generally—s 188(2), (3) and (5)(1)The tenant must keep the premises clean, having regard to their condition at the start of the tenancy.(2)The tenant must not maliciously damage, or allow someone else to maliciously damage, the premises.(3)The tenant’s obligations under this clause do not apply to the extent the obligations would have the effect of requiring the tenant to repair, or compensate the lessor for, damage to the premises or inclusions caused by an act of domestic violence experienced by the tenant.Subdivision 3The dwelling27Fixtures or structural changes—ss 207–209(1)The tenant may attach a fixture, or make a structural change, to the premises only if the lessor agrees to the fixture’s attachment or the structural change.Note—Fixtures are generally items permanently attached to land or to a building that are intended to become part of the land or building. An attachment may include, for example, something glued, nailed or screwed to a wall.(2)The lessor’s agreement must be written, describe the nature of the fixture or change and include any terms of the agreement.Examples of terms—

•that the tenant may remove the fixture

•that the tenant must repair damage caused when removing the fixture

•that the lessor must pay for the fixture if the tenant can not remove it

(3)If the lessor does agree, the tenant must comply with the terms of the lessor’s agreement.(4)The lessor must not act unreasonably in failing to agree.(5)If the tenant attaches a fixture, or makes a structural change, to the premises without the lessor’s agreement, the lessor may—

(a)take action for a breach of a term of this agreement; or

(b)waive the breach (that is, not take action for the breach) and treat the fixture or change as an improvement to the premises for the lessor’s benefit (that is, treat it as belonging to the lessor, without having to pay the tenant for it).

28Supply of locks and keys—s 210(1)The lessor must supply and maintain all locks necessary to ensure the premises are reasonably secure.(2)The lessor must give the tenant, or if there is more than 1 tenant, 1 of the tenants, a key for each lock that—

(a)secures an entry to the premises; or

(b)secures a road or other place normally used to gain access to, or leave, the area or building in which the premises are situated; or

(c)is part of the premises.

(3)If there is more than 1 tenant, the lessor must give the other tenants a key for the locks mentioned in subclause (2)(a) and (b).29Changing locks—ss 211 and 212(1)The lessor or tenant may change a lock at the premises only if—

(a)the other party to this agreement agrees to the change; or

(b)the lessor or tenant has a reasonable excuse for making the change; or

(c)the lessor or tenant believes the change is necessary because of an emergency; or

(d)the lock is changed to comply with an order of the tribunal.

(2)However, the tenant may also change a lock at the premises if the tenant—

(a)believes the change is necessary to protect the tenant or another occupant of the premises from domestic violence; and

(b)engages a locksmith or other qualified tradesperson to change the lock.

(3)The lessor or tenant must not act unreasonably in failing to agree to the change of a lock.(4)If the lessor or tenant changes a lock, the lessor or tenant must give the other party to this agreement a key for the changed lock, unless—

(a)the other party agrees to not being given the key; or

(b)a tribunal orders that the key not be given to the other party.

(5)If the tenant changes a lock under subclause (2) and gives the lessor a key for the changed lock, the lessor must not give the key to any other person without the tenant’s agreement or a reasonable excuse.(6)The right of the lessor or tenant to change a lock under this clause is subject to any of the following laws that apply to the premises—

(a)the Body Corporate and Community Management Act 1997;

(b)the Building Units and Group Titles Act 1980;

(c)a body corporate by-law.

Subdivision 4Damage and repairs30Meaning of emergency and routine repairs—ss 214 and 215(1)Emergency repairs are works needed to repair any of the following—

(a)a burst water service or serious water service leak;

(b)a blocked or broken lavatory system;

(c)a serious roof leak;

(d)a gas leak;

(e)a dangerous electrical fault;

(f)flooding or serious flood damage;

(g)serious storm, fire or impact damage;

(h)a failure or breakdown of the gas, electricity or water supply to the premises;

(i)a failure or breakdown of an essential service or appliance on the premises for hot water, cooking or heating;

(j)a fault or damage that makes the premises unsafe or insecure;

(k)a fault or damage likely to injure a person, damage property or unduly inconvenience a resident of the premises;

(l)a serious fault in a staircase, lift or other common area of the premises that unduly inconveniences a resident in gaining access to, or using, the premises.

(2)Also, emergency repairs are works needed for the premises or inclusions to comply with the prescribed minimum housing standards.(3)Routine repairs are repairs other than emergency repairs.31Nominated repairer for emergency repairs—s 216(1)The lessor’s nominated repairer for emergency repairs of a particular type must be stated either—

(a)in this agreement for item 18; or

(b)in a written notice given by the lessor to the tenant.

(2)Item 18 or the written notice must state—

(a)the name and telephone number of the nominated repairer; and

(b)whether or not the nominated repairer is the tenant’s first point of contact for notifying of the need for emergency repairs.

(3)The lessor must give written notice to the tenant of any change of the lessor’s nominated repairer or the telephone number of the nominated repairer.(4)This clause does not apply if—

(a)the lessor has given the tenant a telephone number of the lessor; and

(b)under this agreement the lessor is to arrange for emergency repairs to be made to the premises or inclusions.

32Notice of damage—s 217(1)If the tenant knows the premises have been damaged, the tenant must give notice as soon as practicable of the damage.(2)If the premises need routine repairs, the notice must be given to the lessor.(3)If the premises need emergency repairs, the notice must be given to—

(a)the nominated repairer for the repairs; or

(b)if there is no nominated repairer for the repairs or the repairer can not be contacted—the lessor.

(4)This clause does not apply to the tenant for damage caused by an act of domestic violence experienced by the tenant.33Emergency repairs arranged by tenant—ss 218 and 219(1)The tenant may arrange for a suitably qualified person to make emergency repairs or apply to the tribunal under section 221 for orders about the repairs if—

(a)the tenant has been unable to notify the lessor or nominated repairer of the need for emergency repairs of the premises; or

(b)the repairs are not made within a reasonable time after notice is given.

(2)The maximum amount that may be incurred for emergency repairs arranged to be made by the tenant is an amount equal to the amount payable under this agreement for 4 weeks rent.Note—For how the tenant may require reimbursement for the repairs, see sections 219(2) and (3) and 220 and the information statement.Subdivision 5Pets33AKeeping pets and other animals at premises—ss 184B and 184G(1)The tenant may keep a pet or other animal at the premises only with the approval of the lessor.(2)However, the tenant may keep a working dog at the premises without the lessor’s approval.(3)The tenant has the approval of the lessor to keep a pet at the premises if keeping the pet at the premises is consistent with item 17.Notes—

1If item 17 states 2 cats, the tenant is approved by the lessor to keep up to 2 cats at the premises.

2For additional approvals to keep a pet or other animal at the premises see clause 33C.

(4)An authorisation to keep the pet or working dog at the premises continues for the life of the pet or working dog and is not affected by any of the following matters—

(a)the ending of this agreement, if the tenant continues occupying the premises under a new agreement;

(b)a change in the lessor or lessor’s agent;

(c)for a working dog—the retirement of the dog from the service the dog provided as a working dog.

(5)An authorisation to keep a pet, working dog or other animal at the premises may be restricted by a body corporate by-law or other law about keeping animals at the premises.Examples—

1The premises may be subject to a local law that limits the number or types of animals that may be kept at the premises.

2The premises may be subject to a body corporate by-law that requires the tenant to obtain approval from the body corporate before keeping a pet at the premises.

33BTenant responsible for pets and other animals—s 184C(1)The tenant is responsible for all nuisance caused by a pet or other animal kept at the premises, including, for example, noise caused by the pet or other animal.(2)The tenant is responsible for repairing any damage to the premises or inclusions caused by the pet or other animal.(3)Damage to the premises or inclusions caused by the pet or other animal is not fair wear and tear.33CRequest for approval to keep pet—ss 184D and 184E(1)The tenant may, using the approved form, request the lessor’s approval to keep a stated pet at the premises.(2)The lessor must respond to the tenant’s request within 14 days after receiving the request.(3)The lessor’s response to the request must be in writing and state—

(a)whether the lessor approves or refuses the tenant’s request; and

(b)if the lessor approves the tenant’s request subject to conditions—the conditions of the approval; andNote—See clause 33D for limitations on conditions of approval to keep a pet at the premises.

(c)if the lessor refuses the tenant’s request—

(i)the grounds for the refusal; and

(ii)the reasons the lessor believes the grounds for the refusal apply to the request.

(4)The lessor may refuse the request for approval to keep a pet at the premises only on 1 or more of the following grounds—

(a)keeping the pet would exceed a reasonable number of animals being kept at the premises;

(b)the premises are unsuitable for keeping the pet because of a lack of appropriate fencing, open space or another thing necessary to humanely accommodate the pet;

(c)keeping the pet is likely to cause damage to the premises or inclusions that could not practicably be repaired for a cost that is less than the amount of the rental bond for the premises;

(d)keeping the pet would pose an unacceptable risk to the health and safety of a person, including, for example, because the pet is venomous;

(e)keeping the pet would contravene a law;

(f)keeping the pet would contravene a body corporate by-law applying to the premises;

(g)if the lessor proposed reasonable conditions for approval and the conditions comply with clause 33D—the tenant has not agreed to the conditions;

(h)the animal stated in the request is not a pet as defined in section 184A;

(i)another ground prescribed by a regulation under section 184E(1)(j).

(5)The lessor is taken to approve the keeping of the pet at the premises if—

(a)the lessor does not comply with subclause (2); or

(b)the lessor’s response does not comply with subclause (3).

33DConditions for approval to keep pet at premises—s 184F(1)The lessor’s approval to keep a pet at the premises may be subject to conditions if the conditions—

(a)relate only to keeping the pet at the premises; and

(b)are reasonable having regard to the type of pet and the nature of the premises; and

(c)are stated in the written approval given to the tenant in a way that is consistent with clause 33C(3).

(2)Without limiting subclause (1)(b), the following conditions of the lessor’s approval are taken to be reasonable—

(a)if the pet is not a type of pet ordinarily kept inside—a condition requiring the pet to be kept outside at the premises;

(b)if the pet is capable of carrying parasites that could infest the premises—a condition requiring the premises to be professionally fumigated at the end of the tenancy;

(c)if the pet is allowed inside the premises—a condition requiring carpets in the premises to be professionally cleaned at the end of the tenancy.

(3)A condition of the lessor’s approval to keep a pet at the premises is void if the condition—

(a)would have the effect of the lessor contravening section 171 or 172; or

(b)would, as a term of this agreement, be void under section 173; or

(c)would increase the rent or rental bond payable by the tenant; or

(d)would require any form of security from the tenant.

(a)the lessor is the State; or

(b)the lessor is an entity receiving assistance from the State to supply rented accommodation; or

(c)the tenant’s right to occupy the premises comes from the tenant’s terms of employment.

(2)The tenant may transfer the whole or part of the tenant’s interest under this agreement, or sublet the premises, only if the lessor agrees in writing to the transfer or subletting.Division 8When agreement ends36Ending of agreement—s 277(1)This agreement ends only if—

(a)the lessor and tenant agree, in a separate written document, to end this agreement; or

(b)the lessor gives a notice to leave premises to the tenant under section 326 and the tenant hands over vacant possession of the premises to the lessor on or after the handover day; or

(c)the tenant gives a notice of intention to leave premises to the lessor under section 327 and hands over vacant possession of the premises to the lessor on or after the handover day; or

(d)the tenant vacates, or is removed from, the premises after receiving a notice from a mortgagee or appointed person under section 317; or

(e)the tenant abandons the premises and the period for which the tenant paid rent has ended; or

(f)the tribunal makes an order terminating this agreement.

(2)Also, this agreement ends for a sole tenant if—

(a)the tenant gives the lessor a notice ending tenancy interest and hands over vacant possession of the premises; orNote—See chapter 5, part 1, division 3, subdivision 2A of the Act for the obligations of the lessor and tenant relating to a notice ending tenancy interest.

(b)the tenant dies.Note—See section 324A for when this agreement ends if a sole tenant dies.

37Condition premises must be left in—s 188(4) and (5)(1)At the end of the tenancy, the tenant must leave the premises, as far as possible, in the same condition they were in at the start of the tenancy, fair wear and tear excepted.Examples of what may be fair wear and tear—

•wear that happens during normal use

•changes that happen with ageing

(2)The tenant’s obligation mentioned in subclause (1) does not apply to the extent the obligation would have the effect of requiring the tenant to repair, or compensate the lessor for, damage to the premises or inclusions caused by an act of domestic violence experienced by the tenant.38KeysAt the end of the tenancy, the tenant must return to the lessor all keys for the premises.39Tenant’s forwarding address—s 205(2) and (3)(1)When handing over possession of the premises, the tenant must, if the lessor or the lessor’s agent asks the tenant in writing to state the tenant’s new residential address, tell the lessor or the agent the tenant’s new residential address.(2)However, subclause (1) does not apply if—

(a)the tenant has a reasonable excuse for not telling the lessor or agent the new address; or

(b)after experiencing domestic violence, the tenant ended this agreement, or the tenant’s interest in this agreement, under chapter 5, part 1, division 3, subdivision 2A of the Act.

40Exit condition report—s 66(1)As soon as practicable after this agreement ends, the tenant must prepare, in the approved form, and sign a condition report for the premises and give 1 copy of the report to the lessor or the lessor’s agent.Example of what might be as soon as practicable—when the tenant returns the keys to the premises to the lessor or the lessor’s agentNote—For the approved form for the condition report, see the information statement. The report may be very important in deciding who is entitled to a refund of the rental bond if there is a dispute about the condition of the premises.(2)The lessor or the lessor’s agent must, within 3 business days after receiving the copy of the report—

(a)sign the copy; and

(b)if the lessor or agent does not agree with the report—show the parts of the report the lessor or agent disagrees with by marking the copy in an appropriate way; and

(c)if the tenant has given a forwarding address to the lessor or agent—make a copy of the report and return it to the tenant at the address.

(3)The lessor or agent must keep a copy of the condition report signed by both parties for at least 1 year after this agreement ends.41Goods or documents left behind on premises—ss 363 and 364(1)The tenant must take all of the tenant’s belongings from the premises at the end of the tenancy.(2)The lessor may not treat belongings left behind as the lessor’s own property, but must deal with them under sections 363 and 364.Note—For details of the lessor’s obligations under sections 363 and 364, see the information statement. They may include an obligation to store goods and may allow the lessor to sell goods and pay the net sale proceeds (after storage and selling costs) to the public trustee.Division 9Miscellaneous42Supply of goods and services—s 171(1)The lessor or the lessor’s agent must not require the tenant to buy goods or services from the lessor or a person nominated by the lessor or agent.(2)Subclause (1) does not apply to—

(a)a requirement about a service charge; orNote—See section 164 for what is a service charge.

(b)a condition of an approval to keep a pet if the condition—

(i)requires the carpets to be cleaned, or the premises to be fumigated, at the end of the tenancy; and

(ii)complies with clause 33D; and

(iii)does not require the tenant to buy cleaning or fumigation services from a particular person or business.

43Lessor’s agent(1)The name and address for service of the lessor’s agent is stated in this agreement for item 3.(2)Unless a special term provides otherwise, the agent may—

(a)stand in the lessor’s place in any application to a tribunal by the lessor or the tenant; or

(b)do any thing else the lessor may do, or is required to do, under this agreement.

44Notices(1)A notice under this agreement must be written and, if there is an approved form for the notice, in the approved form.Note—See the information statement for a list of the approved forms.(2)A notice from the tenant to the lessor may be given to the lessor’s agent.(3)A notice may be given to a party to this agreement or the lessor’s agent—

(a)by giving it to the party or agent personally; or

(b)if an address for service for the party or agent is stated in this agreement for item 1, 2 or 3—by leaving it at the address, sending it by prepaid post as a letter to the address; or

(c)if a facsimile number for the party or agent is stated in this agreement for item 1, 2 or 3 and item 4 indicates that a notice may be given by facsimile—by sending it by facsimile to the facsimile number in accordance with the Electronic Transactions (Queensland) Act 2001; or

(d)if an email address for the party or agent is stated in this agreement for item 1, 2 or 3 and item 4 indicates that a notice may be given by email—by sending it electronically to the email address in accordance with the Electronic Transactions (Queensland) Act 2001.

(4)A party or the lessor’s agent may withdraw his or her consent to notices being given to them by facsimile or email only by giving notice to each other party that notices are no longer to be given to the party or agent by facsimile or email.(5)If no address for service is stated in this agreement for item 2 for the tenant, the tenant’s address for service is taken to be the address of the premises.(6)A party or the lessor’s agent may change his or her address for service, facsimile number or email address only by giving notice to each other party of a new address for service, facsimile number or email address.(7)On the giving of a notice of a new address for service, facsimile number or email address for a party or the lessor’s agent, the address for service, facsimile number or email address stated in the notice is taken to be the party’s or agent’s address for service, facsimile number or email address stated in this agreement for item 1, 2 or 3.(8)Unless the contrary is proved—

(a)a notice left at an address for service is taken to have been received by the party to whom the address relates when the notice was left at the address; and

(b)a notice sent by post is taken to have been received by the person to whom it was addressed when it would have been delivered in the ordinary course of post; and

(c)a notice sent by facsimile is taken to have been received at the place where the facsimile was sent when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; and

(d)a notice sent by email is taken to have been received by the recipient when the email enters the recipient’s email server.

sch 1 amd 2022 SL No. 95 ss 4–22; 2023 Act No. 8 ss 58J–58KSchedule 2Moveable dwelling tenancy agreementssection 7Part 1Tenancy detailsItem

1Lessor1.1Lessor’s name and address for service.1.2Any other contact details for the lessor.Note—Item 1.2 is optional.2Tenant2.1Tenant’s name.2.2Any address for service or other contact details for the tenant.Note—Item 2.2 is optional. See clause 50.3Lessor’s agent3.1If the lessor has an agent, the agent’s name and address for service.3.2Any other contact details for the agent.Note—Item 3.2 is optional.4Service of notices by email or facsimile4.1Whether a notice may be given to the lessor by email or facsimile.4.2Whether a notice may be given to the tenant by email or facsimile.4.3Whether a notice may be given to the lessor’s agent by email or facsimile.5The parkIf the premises are in a moveable dwelling park, the name, address or other description of the moveable dwelling park.6Premises6.1The location, or intended location, of the moveable dwelling.Example—site number6.2A description of the moveable dwelling.Examples—caravan, site only6.3Any inclusions for the premises.Examples of inclusions—annexe, furniture or other household goods let with the premises6.4Details of any repair orders applying to the premises or inclusions for the premises.7Term of agreement7.1Whether the agreement is a fixed term agreement or periodic agreement.7.2The day the agreement starts.7.3If the agreement is a fixed term agreement, the day the agreement finishes.8Rent—amountThe rent amount and whether it must be paid weekly, fortnightly or monthly.Note—See clauses 8(1) and 17.9Rent—day of paymentThe day of each week, fortnight or month on which the rent must be paid.Note—See clause 8(2).10Rent—method of paymentThe way the rent must be paid.Note—Item 10 is optional. See clause 8(3).11Rent—place of paymentWhere the rent must be paid.Note—Item 11 is optional. See clause 8(4) to (6).12Rental bondThe amount of any rental bond.Note—See clause 13.13ServicesAny services supplied to the premises for which the tenant must pay.Examples of services—electricity, gas, sewerage and waterNote—See clause 16.14Park rules14.1If the premises are in a moveable dwelling park, whether there are park rules for the park.14.2Whether the tenant has been given a copy of the park rules.Note—See clause 22.15Number of occupantsThe number of persons allowed to reside at the premises.Note—See clause 23.16PetsThe type and number of pets approved by the lessor to be kept at the premises.Note—See clauses 34A to 34D.17Nominated repairers17.1The name and telephone number of the lessor’s nominated repairer for each of the following repairs—

(a)electrical repairs;

(b)plumbing repairs;

(c)other repairs.

17.2Whether or not the nominated repairer is the tenant’s first point of contact for notifying of the need for emergency repairs.Note—This item does not apply if clause 32 does not apply (see clause 32(4)).Part 2Standard termsDivision 1Preliminary1Interpretation(1)In this agreement—

(a)a reference to the premises includes a reference to any inclusions for the premises stated in this agreement for item 6.3; and

(b)a reference to a numbered section is a reference to the section in the Act with that number; and

(c)a reference to a numbered item is a reference to the item with that number in part 1; and

(d)a reference to a numbered clause is a reference to the clause of this agreement with that number.

(2)In this agreement, unless the context otherwise requires—site-only premises means moveable dwelling premises that consist only of the site where a moveable dwelling is, or is intended to be, situated.2Terms of a moveable dwelling tenancy agreement(1)This part states, under the Residential Tenancies and Rooming Accommodation Act 2008 (the Act), section 55, the standard terms of a moveable dwelling tenancy agreement.(2)The Act also imposes duties on, and gives entitlements to, the lessor and tenant that are taken to be included as terms of this agreement.(3)The lessor and tenant may agree on other terms of this agreement (special terms).(4)If the premises are moveable dwelling premises in a moveable dwelling park stated in this agreement for item 5 (the park), any park rules for the time being in force are taken to be terms of this agreement.(5)A duty or entitlement under the Act overrides a standard term or special term if the term is inconsistent with the duty or entitlement.(6)A standard term overrides a special term if they are inconsistent.Note—Some breaches of this agreement may also be an offence under the Act, for example, if—

•the lessor or the lessor’s agent enters the premises in contravention of the rules of entry under sections 192 to 199; or

•the tenant does not sign and return the condition report to the lessor or the lessor’s agent under section 65.

(a)holds their interest in the tenancy as a tenant in common unless a special term states the tenants are joint tenants; and

(b)must perform all the tenant’s obligations under this agreement.

Division 2Period of tenancy4Start of tenancy(1)The tenancy starts on the day stated in this agreement for item 7.2.(2)However, if no day is stated or if the stated day is before the signing of this agreement, the tenancy starts when the tenant is or was given a right to occupy the premises.5Entry condition report—s 65(1)The lessor must prepare, in the approved form, sign and give the tenant 1 copy of a condition report for the premises.(2)The copy must be given to the tenant on or before the day the tenant occupies the premises under this agreement.(3)The tenant must mark the copy of the report to show any parts the tenant disagrees with, and sign and return the copy to the lessor not later than 7 days after the later of the following day—

(a)the day the tenant occupies the premises;

(b)the day the tenant is given the copy of the condition report.

(a)this agreement has the effect of continuing the tenant’s right to occupy the premises under an earlier residential tenancy agreement; and

(b)in accordance with the Act, a condition report was prepared for the premises for the earlier residential tenancy agreement.

(6)If a condition report is not prepared for this agreement because subclause (5) applies, the condition report prepared for the earlier residential tenancy agreement is taken to be the condition report for this agreement.6Continuation of a fixed term agreement—s 70(1)This clause applies if—

(a)this agreement is a fixed term agreement; and

(b)none of the following notices are given, or agreements or applications made before the day the term ends (the end day)—

(i)a notice to leave;

(ii)a notice of intention to leave;

(iii)an abandonment termination notice;

(iv)a notice, agreement or application relating to the death of a sole tenant under section 277(7);

(v)a written agreement between the lessor and tenant to end the agreement.

(a)this agreement is a fixed term agreement; and

(b)the tenant ends this agreement before the term ends in a way not permitted under the Act.

(2)The tenant must pay the reasonable costs incurred by the lessor in reletting the premises.Note—For when the tenant may end this agreement early under the Act, see clause 42 and the information statement. Under section 362, the lessor has a general duty to mitigate (avoid or reduce) the costs.(3)This clause does not apply if, after experiencing domestic violence, the tenant ends this agreement or the tenant’s interest in this agreement under chapter 5, part 1, division 3, subdivision 2A of the Act.Division 3Rent8When, how and where rent must be paid—ss 83 and 85(1)Subject to clause 17, the tenant must pay the rent stated in this agreement for item 8.(2)The rent must be paid at the times stated in this agreement for item 9.(3)The rent must be paid—

(a)in the way stated in this agreement for item 10; or

(b)in the way agreed after the signing of this agreement by—

(i)the lessor or tenant giving the other party a notice proposing the way; and

(ii)the other party agreeing to the proposal in writing; or

(c)if there is no way stated in this agreement for item 10 or no way agreed after the signing of this agreement—in an approved way under section 83(4).Note—If the way rent is to be paid is another way agreed on by the lessor and tenant under section 83(4)(g), the lessor or the lessor’s agent must comply with the obligations under section 84(2).

(4)The rent must be paid at the place stated in this agreement for item 11.(5)However, if, after the signing of this agreement, the lessor gives a notice to the tenant stating a different place for payment and the place is reasonable, the rent must be paid at the place while the notice is in force.(6)If no place is stated in this agreement for item 11 and there is no notice stating a place, the rent must be paid at an appropriate place.Examples of an appropriate place—

•the lessor’s address for service

•the lessor’s agent’s office

9Rent in advance—s 87The lessor may require the tenant to pay rent in advance only if the payment is not more than 2 weeks rent.Note—Under section 87(2), the lessor or the lessor’s agent must not require a payment of rent under this agreement in a period for which rent has already been paid.10Rent increases—ss 91 and 93(1)If the lessor proposes to increase the rent, the lessor must give notice of the proposal to the tenant.(2)The notice must state the amount of the increased rent and the day from when it is payable.(3)The day stated must not be earlier than the later of the following—

(a)2 months after the notice is given;

(b)12 months after the day the existing rent became payable by the tenant.

(a)the rent is increased in compliance with this clause; and

(b)the increased rent is not payable before the end of the minimum period before the rent may be increased under section 93; and

(c)the increase in rent does not relate to—

(i)compliance of the premises or inclusions with the prescribed minimum housing standards; or

(ii)keeping a pet or working dog at the premises.

(6)Also, if this agreement is a fixed term agreement, the rent may not be increased before the term ends unless—

(a)this agreement provides for the rent increase; and

(b)this agreement states the amount of the increase or how the amount of the increase is to be worked out: and

(c)the increase is made in compliance with the matters mentioned in paragraph (b).

(a)is excessive; or

(b)is not payable under clause 10.

(2)However, the application must be made—

(a)within 30 days after the notice is received; and

(b)for a fixed term agreement—before the term ends.

12Rent decreases—s 94Under section 94, the rent may decrease in certain situations.Note—For details of the situations, see the information statement.Division 4Rental bond13Rental bond required—ss 111 and 116(1)If a rental bond is stated in this agreement for item 12, the tenant must pay to the lessor or the lessor’s agent the rental bond amount—

(a)if a special term requires the bond to be paid at a stated time—at the stated time; or

(b)if a special term requires the bond to be paid by instalments—by instalments; or

(c)otherwise—when the tenant signs this agreement.

(a)the rent increases and the lessor gives notice to the tenant to increase the bond; and

(b)the notice is given at least 11 months after—

(i)this agreement started; or

(ii)if the bond has been increased previously by a notice given under this clause—the day stated in the notice, or the last notice, for making the increase.

(2)The notice must state the increased amount and a day by which the increase must be made.(3)For subclause (2), the day must be at least 1 month after the tenant is given the notice.Division 5Outgoings15Outgoings—s 163The lessor must pay all charges, levies, premiums, rates or taxes for the premises, other than a service charge.Examples—council general rates, sewerage charges, environment levies, land tax16Service charges—ss 164 and 167(1)The tenant must pay the service charge for a service supplied to the premises during the tenancy if—

(a)the tenant enjoys or shares the benefit of the service; and

(b)the service is stated in this agreement for item 13; and

(c)the premises are individually metered for the service.

(2)However, the tenant is not required to pay an amount for the service that is more than the amount charged by the relevant supply authority (the supplier) for the service.(3)If the supplier charges the tenant directly for the service, the tenant must pay the amount of the charge to the supplier when the amount becomes due.(4)If the supplier charges the lessor for the service, the tenant must pay the amount of the charge to the lessor within 1 month of the lessor giving the tenant copies of relevant documents about the incurring of the amount.17Services for which rent is attributable that become unavailable—s 168(1)This clause applies if—

(a)the tenant is not required to pay a service charge for a service the tenant enjoys or shares the benefit of; and

(b)the service becomes unavailable for use by the tenant because of action taken by the lessor; and

(c)the service is a service for which an amount of rent is attributable.

(2)The rent payable under clause 8 is reduced from the day the service became unavailable.(3)The reduction is the amount that reflects the part of the rent that is attributable to the service, either as agreed by the lessor and tenant or, if they do not agree, as decided by a tribunal.(4)If the tenant asks the lessor for details of the amount of the rent attributable to service charges for the premises, the lessor must give the tenant a written statement showing—

(a)each service for which an amount of rent is attributable; and

(b)the amount attributed to the service.

Division 6Rights and obligations concerning the premises during tenancySubdivision 1Occupation and use of premises18No legal impediments to occupation—s 181The lessor must ensure there is no legal impediment to occupation of the premises by the tenant as a residence for the term of the tenancy if, when entering into this agreement, the lessor knew about the impediment or ought reasonably to have known about it.Examples of possible legal impediments—

•if there is a mortgage over the premises, the lessor might need to obtain approval from the mortgagee before the tenancy can start

•a certificate might be required under the Building Act 1975 before the premises can lawfully be occupied

•the zoning of the land might prevent use of the land as a moveable dwelling park

19Vacant possession and quiet enjoyment—ss 182 and 183(1)The lessor must ensure the tenant has vacant possession of the premises (other than a part of the premises that the tenant does not have a right to occupy exclusively) on the day the tenant is entitled to occupy the premises under this agreement.Editor’s note—Parts of the premises where the tenant does not have a right to occupy exclusively may be identified in a special term.(2)The lessor must take reasonable steps to ensure the tenant has quiet enjoyment of the premises.(3)The lessor or the lessor’s agent must not interfere with the reasonable peace, comfort or privacy of the tenant in using the premises.20Lessor’s right to enter the premises—ss 192–199(1)The lessor or the lessor’s agent may enter the premises during the tenancy only if the obligations under sections 192 to 199 have been complied with.Note—See the information statement for details.(2)The lessor or agent may, under section 193(4), enter the site to carry out maintenance of the site without giving the notice of entry required by section 193(1) if—

(a)a special term states the frequency with which the entry is required for carrying out the maintenance and the conditions under which the entry may be made; and

(b)the entry is made in accordance with the conditions.Examples of conditions—

•the time and duration of the entry

•the type of maintenance for which the entry is allowed

21Tenant’s use of premises—ss 10 and 184(1)The tenant may use the premises only as a place of residence or mainly as a place of residence or for another use allowed under a special term.(2)The tenant must not—

(a)use the premises for an illegal purpose; or

(b)cause a nuisance by the use of the premises; orExamples of things that may constitute a nuisance—

•using paints or chemicals on the premises that go onto or cause odours on adjoining land or sites

•causing loud noises

•allowing large amounts of water to escape onto adjoining land or sites

(c)interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant; or

(d)allow another person on the premises to interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant.

22Park rules—ss 52(3), 68 and 228–236(1)This clause applies if the premises are moveable dwelling premises in a moveable dwelling park.(2)The lessor must give the tenant a copy of the park rules for the moveable dwelling park when this agreement is given to the tenant for signing.(3)If a park rule is changed, the lessor must give the tenant a copy of the rule as changed as soon as practicable after the change takes effect.(4)If the tenant has been given a copy of the park rules, the tenant must comply with the rules.(5)The tenant must comply with a changed park rule if the change has taken effect and the tenant has been given a copy of the rule as changed.Note—See the information statement and sections 228 to 236 for what park rules may be made about, how they may be changed and when a change takes effect.(6)Subclause (2) does not apply if—

(a)this agreement has the effect of continuing the tenant’s right to occupy the premises under an earlier residential tenancy agreement; and

(b)the lessor gave the tenant a copy of the park rules in relation to the earlier agreement.

23Number of occupants allowedNo more than the number of persons stated in this agreement for item 15 may reside at the premises.Subdivision 2Standard of premises25Lessor’s obligations—ss 185–187(1)At the start of the tenancy, the lessor must—

(a)if the premises are site-only premises—ensure the premises are clean and a fit site for a moveable dwelling; and

(b)if the premises are not site-only premises, ensure—

(i)the premises are clean and fit for the tenant to live in and are in good repair; and

(ii)the lessor is not in breach of a law dealing with issues about the health or safety of persons using or entering the premises; and

(c)if the premises are moveable dwelling premises in a moveable dwelling park and the lessor is not a home owner for the premises, ensure—

(i)the facilities in the moveable dwelling park are clean, fit for the tenant to use and in good repair; and

(ii)the lessor is not in breach of a law dealing with issues about the health or safety of persons using or entering the facilities; and

(d)ensure the premises and inclusions otherwise comply with any prescribed minimum housing standards applying to the premises or inclusions.

(2)While the tenancy continues, the lessor must—

(a)if the premises are site-only premises—ensure the premises remain a fit site for a moveable dwelling; and

(b)if the premises are not site-only premises—

(i)maintain the premises in good repair and in a way that the premises remain fit for the tenant to live in; and

(ii)ensure any law dealing with issues about the health or safety of persons using or entering the premises is complied with; and

(iii)keep any common area included in the premises clean; and

(c)if the premises are moveable dwelling premises in a moveable dwelling park and the lessor is not a home owner for the premises—

(i)keep the facilities in the moveable dwelling park clean; and

(ii)maintain the facilities in good repair and in a way that the facilities remain fit for the tenant to use; and

(iii)ensure the lessor is not in breach of a law dealing with issues about the health or safety of persons using the facilities; and

(d)ensure the premises and inclusions otherwise comply with any prescribed minimum housing standards applying to the premises or inclusions.

Note—For details about the maintenance, see the information statement.(3)If the premises are site-only premises, the lessor may, while the tenancy continues, make any improvements to the premises the lessor considers appropriate.(4)In this clause—premises, other than site-only premises, include any common area available for use by the tenant with the premises.26Tenant’s obligations generally—ss 188(2), (3) and (5) and 190(1)If the premises are not site-only premises, the tenant—

(a)must keep the premises clean, having regard to their condition at the start of the tenancy; and

(b)must not maliciously damage, or allow someone else to maliciously damage, the premises.

(2)If the premises are site-only premises, the tenant must keep the premises in a way that does not detract from the general standards of the moveable dwelling park, or other general area, where the premises are situated.(3)The obligation under subclause (2) applies having regard to the condition of the premises at the start of the tenancy and any improvements made later by the lessor.(4)The tenant’s obligations under subclause (1) do not apply to the extent the obligations would have the effect of requiring the tenant to repair, or compensate the lessor for, damage to the premises or inclusions caused by an act of domestic violence experienced by the tenant.27Tenant’s obligations for facilities in moveable dwelling park—s 189(1)This clause applies only to an agreement for moveable dwelling premises in a moveable dwelling park.(2)The tenant must not—

(a)do anything to a facility in the park that makes the facility unfit for use or detracts from its appearance; or

(b)intentionally or negligently damage a facility in the park.

Subdivision 3The dwelling28Fixtures or structural changes—ss 207–209(1)The tenant may attach a fixture, or make a structural change, to the premises only if the lessor agrees to the fixture’s attachment or the structural change.Note—Fixtures are items generally permanently attached to land or to a building that are intended to become part of the land or building. An attachment may include, for example, something glued, nailed or screwed to a wall.(2)The lessor’s agreement must be written, describe the nature of the fixture or change and include any terms of this agreement.Examples of terms—

•that the tenant may remove the fixture

•that the tenant must repair damage caused when removing the fixture

•that the lessor must pay for the fixture if the tenant can not remove it

(a)take action for a breach of a term of this agreement; or

29Supply of locks and keys—s 210(1)The lessor must supply and maintain all locks necessary to ensure the premises are reasonably secure.(2)The lessor must give the tenant, or if there is more than 1 tenant, 1 of the tenants, a key for each lock that—

(a)secures an entry to the premises; or

(b)secures a road or other place normally used to gain access to, or leave, the area or building in which the premises are situated; or

(c)is part of the premises.

(3)If there is more than 1 tenant, the lessor must give the other tenants a key for the locks mentioned in subclause (2)(a) and (b).30Changing locks—ss 211 and 212(1)The lessor or tenant may change a lock at the premises only if—

(a)the other party to this agreement agrees to the change; or

(b)the lessor or tenant has a reasonable excuse for making the change; or

(c)the lessor or tenant believes the change is necessary because of an emergency; or

(d)the lock is changed to comply with an order of the tribunal.

(2)However, the tenant may also change a lock at the premises if the tenant—

(a)believes the change is necessary to protect the tenant or another occupant of the premises from domestic violence; and

(b)engages a locksmith or other qualified tradesperson to change the lock.

(a)the other party agrees to not being given the key; or

(b)a tribunal orders that the key not be given to the other party.

(a)the Body Corporate and Community Management Act 1997;

(b)the Building Units and Group Titles Act 1980;

(c)a body corporate by-law.

Subdivision 4Damage and repairs31Meaning of emergency and routine repairs—ss 214 and 215(1)Emergency repairs are works needed to repair any of the following—

(a)a burst water service or serious water service leak;

(b)a blocked or broken lavatory system;

(c)a serious roof leak;

(d)a gas leak;

(e)a dangerous electrical fault;

(f)flooding or serious flood damage;

(g)serious storm, fire or impact damage;

(h)a failure or breakdown of the gas, electricity or water supply to the premises;

(i)a failure or breakdown of an essential service or appliance on the premises for hot water, cooking or heating;

(j)a fault or damage that makes the premises unsafe or insecure;

(k)a fault or damage likely to injure a person, damage property or unduly inconvenience a resident of the premises;

(l)a serious fault in a staircase, lift or other common area of the premises that unduly inconveniences a resident in gaining access to, or using, the premises.

(2)Also, emergency repairs are works needed for the premises or inclusions to comply with the prescribed minimum housing standards.(3)Routine repairs are repairs other than emergency repairs.32Nominated repairer for emergency repairs—s 216(1)The lessor’s nominated repairer for emergency repairs of a particular type must be stated either—

(a)in this agreement for item 17; or

(b)in a written notice given by the lessor to the tenant.

(2)Item 17 or the written notice must state—

(a)the name and telephone number of the nominated repairer; and

(b)whether or not the nominated repairer is the tenant’s first point of contact for notifying of the need for emergency repairs.

(3)The lessor must give written notice to the tenant of any change of the lessor’s nominated repairer or the telephone number of the nominated repairer.(4)This clause does not apply if—

(a)the lessor has given the tenant a telephone number of the lessor; and

(b)under this agreement the lessor is to arrange for emergency repairs to be made to the premises or inclusions.

33Notice of damage—s 217(1)If the tenant knows the premises have been damaged, the tenant must give notice as soon as practicable of the damage.(2)If the premises need routine repairs, the notice must be given to the lessor.(3)If the premises need emergency repairs, the notice must be given to—

(a)the nominated repairer for the repairs; or

(b)if there is no nominated repairer for the repairs or the repairer can not be contacted—the lessor.

(4)This clause does not apply to the tenant for damage caused by an act of domestic violence experienced by the tenant.34Emergency repairs arranged by tenant—ss 218 and 219(1)The tenant may arrange for a suitably qualified person to make emergency repairs or apply to the tribunal under section 221 for orders about the repairs if—

(a)the tenant has been unable to notify the lessor or nominated repairer of the need for emergency repairs of the premises; or

(b)the repairs are not made within a reasonable time after notice is given.

(2)The maximum amount that may be incurred for emergency repairs arranged to be made by the tenant is an amount equal to the amount payable under this agreement for 4 weeks rent.Note—For how the tenant may require reimbursement for the repairs, see sections 219(2) and (3) and 220 and the information statement.Subdivision 5Pets34AKeeping pets and other animals at premises—ss 184B and 184G(1)The tenant may keep a pet or other animal at the premises only with the approval of the lessor.(2)However, the tenant may keep a working dog at the premises without the lessor’s approval.(3)The tenant has the approval of the lessor to keep a pet at the premises if keeping the pet at the premises is consistent with item 16.Notes—

1If item 16 states 2 cats, the tenant is approved by the lessor to keep up to 2 cats at the premises.

2For additional approvals to keep a pet or other animal at the premises see clause 34C.

(4)An authorisation to keep the pet or working dog at the premises continues for the life of the pet or working dog and is not affected by any of the following matters—

(a)the ending of this agreement, if the tenant continues occupying the premises under a new agreement;

(b)a change in the lessor or lessor’s agent;

(c)for a working dog—the retirement of the dog from the service the dog provided as a working dog.

(5)An authorisation to keep a pet, working dog or other animal at the premises may be restricted by a body corporate by-law, park rule or other law about keeping animals at the premises.Examples—

1The premises may be subject to a local law that limits the number or types of animals that may be kept at the premises.

2The premises may be subject to a body corporate by-law that requires the tenant to obtain approval from the body corporate before keeping a pet at the premises.

34BTenant responsible for pets and other animals—s 184C(1)The tenant is responsible for all nuisance caused by a pet or other animal kept at the premises, including, for example, noise caused by the pet or other animal.(2)The tenant is responsible for repairing any damage to the premises or inclusions caused by the pet or other animal.(3)Damage to the premises or inclusions caused by the pet or other animal is not fair wear and tear.34CRequest for approval to keep pet—ss 184D and 184E(1)The tenant may, using the approved form, request the lessor’s approval to keep a stated pet at the premises.(2)The lessor must respond to the tenant’s request within 14 days after receiving the request.(3)The lessor’s response to the request must be in writing and state—

(a)whether the lessor approves or refuses the tenant’s request; and

(b)if the lessor approves the tenant’s request subject to conditions—the conditions of the approval; andNote—See clause 34D for limitations on conditions of approval to keep a pet at the premises.

(c)if the lessor refuses the tenant’s request—

(i)the grounds for the refusal; and

(ii)the reasons the lessor believes the grounds for the refusal apply to the request.

(4)The lessor may refuse the request for approval to keep a pet at the premises only on 1 or more of the following grounds—

(a)keeping the pet would exceed a reasonable number of animals being kept at the premises;

(b)the premises are unsuitable for keeping the pet because of a lack of appropriate fencing, open space or another thing necessary to humanely accommodate the pet;

(c)keeping the pet is likely to cause damage to the premises or inclusions that could not practicably be repaired for a cost that is less than the amount of the rental bond for the premises;

(d)keeping the pet would pose an unacceptable risk to the health and safety of a person, including, for example, because the pet is venomous;

(e)keeping the pet would contravene a law;

(f)keeping the pet would contravene a body corporate by-law or park rule applying to the premises;

(g)if the lessor proposed reasonable conditions for approval and the conditions comply with clause 34D—the tenant has not agreed to the conditions;

(h)the animal stated in the request is not a pet as defined in section 184A;

(i)keeping the pet would contravene a condition of a licence applying to the moveable dwelling premises;

(j)another ground prescribed by a regulation under section 184E(1)(j).

(5)The lessor is taken to approve the keeping of the pet at the premises if—

(a)the lessor does not comply with subclause (2); or

(b)the lessor’s response does not comply with subclause (3).

34DConditions for approval to keep pet at premises—s 184F(1)The lessor’s approval to keep a pet at the premises may be subject to conditions if the conditions—

(a)relate only to keeping the pet at the premises; and

(b)are reasonable having regard to the type of pet and the nature of the premises; and

(c)are stated in the written approval given to the tenant in a way that is consistent with clause 34C(3).