Each Australian State and Territory relevant Government Department provides a tenancy agreement template. In addition, private companies offer their own variations of tenancy agreements - some with add-ons such as optional bond payment and condition report templates.
The tenancy agreement should be utilised by both landlords and tenants for all rental properties as it legally binds the two. In exchange for signing the agreement, the tenant has the right to inhabit your property in return for an agreed upon sum of rent. Tenancy contracts include both fixed-term agreements and periodic agreements. A standard tenancy agreement includes approximately 40 clauses including: the sum to be paid as bond; the rent amount and payment frequency; and the commencement and duration of the lease agreement.
When compiling official documentation for tenants, landlords should stick to the standard terminology outlined by the relevant Government Department. Being too casual with wording may result in your tenancy agreement being voided. In addition, including miscellaneous requirements such as the tenant being required under the agreement to take out a specific sort of insurance or tenants in breach of the agreement will be penalised by rent hikes are not permitted.
A rental bond gives extra financial security to the tenancy agreement. Most States and Territories have maximum stipulations - again, check with the relevant Government Department so as not to exceed the permitted amount. Landlords must lodge all bonds with the relevant Governmant Department or body. If you feel the property has incurred malicious or intentional damage you can make a claim against the bond once the tenancy agreement ends.
Legislation in most State allow for tenancy agreements to be terminated for reasons such as: non-liveability; sales of premises; abandoned premises; death of a sole tenant; breach of agreement; and mortgagees in possession.
The information contained in TenancyCheck.com.au website is general information only and does not constitute legal, financial or compliance advice. As the laws relating to tenancy agreements may have changed we recommend you check with the relevant State or Territory government department. We also recommend that you obtain your own independent legal advice about matters relating to landlord obligations, tenant rights and any legal disputes you may have with a tenant(s).