Residential Tenancy Agreement: Form 1aa
Residential Tenancy Agreement: Form 1aa
FORM 1AA
PART A
and
Tenant
Tenant
No
Facsimile: Yes
No
[insert email address or facsimile number if different from contact details above]
Tenant one
Email: Yes
No
Facsimile: Yes
No
[insert email address or facsimile number if different from contact details above]
Tenant two
Email: Yes
No
Facsimile: Yes
No
[insert email address or facsimile number if different from contact details above]
Lessors property manager
Email: Yes
No
Facsimile: Yes
No
[insert email address or facsimile number if different from contact details above]
TERM OF AGREEMENT
(* delete as appropriate)
_____/_______/_______.
starting on
_____/_______/_______ and
ending on
_____/_______/_______.
Note: The start date for the agreement should not be a date prior to the date on which the tenant is entitled to enter
into occupation of the premises.
RESIDENTIAL PREMISES
No more than [insert number] _____________ persons may ordinarily live at the premises at any one time.
RENT
(* delete as appropriate)
The rent is [insert amount] $_____________ per week/calculated by reference to tenants income
[insert calculation] ______________________
as follows*: ____________________________________________________________________________________
SECURITY BOND
A security bond of [insert amount] $____________and a pet bond of [insert amount] $____________must be paid by the tenant
on signing this agreement.
Note: Unless the rent for the premises exceeds $1,200 per week, the security bond must not exceed the sum of 4 weeks
rent plus a pet bond not exceeding $260 (if a pet is permitted to be kept at the premises). The pet bond is to be used to
meet costs of fumigation of the premises.
RENT INCREASE
In the case of a periodic tenancy (see TERM OF AGREEMENT) any rent increase will be no sooner than 6 months after the
commencement of this tenancy agreement and the date of the last increase. The lessor must give at least 60 days notice of
the increase.
Note: If rent is calculated by reference to income, the requirement to provide a notice of rent increase only applies if the
method of calculating the rent is changed.
In the case of a fixed-term tenancy (see TERM OF AGREEMENT) the rent increase will be [insert maximum increase or method of
calculating increase, e.g. CPI or percentage] ________________________and take effect no sooner than 6 months after the
commencement of this tenancy agreement and the date of the last increase. The lessor must give at least 60 days notice of
the increase.
Note: For fixed-term lease agreements exceeding 12 months, refer to Part C for details of subsequent rent increases.
WATER SERVICES
Is scheme water connected to the premises? Yes
No
Note: If the property is not connected to scheme water, the tenant may have to purchase water at his or her own expense.
Does the tenant have the lessors permission to contact the water services provider for the premises to access accounts for
water consumption at the premises and to communicate with the water services provider in relation to concessions available
to the tenant or supply faults at the premises? Yes
No
Indicate for the utilities below whether or not the premises are separately metered:
Electricity
Yes
Gas
No
Yes
No
Water Yes
No
STRATA BY-LAWS
Strata by-laws ARE/ARE NOT* (*delete as appropriate) applicable to the residential premises. A copy of the by-laws are attached:
Yes
No
PETS
(* delete as appropriate)
*
*
*
The tenant may assign the tenants interest under this agreement or sub-let the premises.
The tenant may not assign the tenants interest under this agreement or sub-let the premises.
The tenant may assign the tenants interest under this agreement or sub-let the premises only with the written consent
of the lessor.
*
*
The tenant must not affix any fixture or make any renovation, alteration or addition to the premises.
The tenant may only affix any fixture or make any renovation, alteration or addition to the premises with the lessors
written permission.
A property condition report detailing the condition of the premises must be completed by or on behalf of the lessor and
2 copies provided to the tenant within 7 days of the tenant moving into the premises.
If the tenant disagrees with any information contained in the property condition report, the tenant must note his or her
disagreement on a copy of the property condition report and return this to the lessor or property manager within 7 days of
receipt of the property condition report from the lessor. If the tenant does not give a copy of the property condition report
back to the lessor, the tenant is taken to accept the property condition report as a true and accurate description of the
condition of the premises.
A final property condition report must be completed by or on behalf of the lessor and provided to the tenant as soon as
practicable but in any event within 14 days of the termination of the tenancy. The tenant must be given a reasonable
opportunity to be present at the final inspection.
FORM 1 AA Residential Tenancy Agreement Page 3 of 10
PART B
STANDARD TERMS APPLICABLE TO ALL RESIDENTIAL TENANCY AGREEMENTS
The Residential Tenancies Act 1987 and the Residential Tenancies Regulations 1989 apply to this agreement. Both the lessor
and the tenant must comply with these laws. Some of the rights and obligations in that legislation are outlined below.
1.
The tenant has the right to exclusive occupation and quiet enjoyment of the residential premises during the tenancy.
The residential premises include the additional items but do not include the exclusions noted under RESIDENTIAL
PREMISES in Part A.
COPY OF AGREEMENT
2.
RENT
3.
4.
5.
6.
7.
8.
The tenant must pay rent on time or the lessor may issue a notice of termination and, if the rent is still not paid in full,
the lessor may take action through the court to evict the tenant.
The tenant must not withhold rent because the tenant is of the view that the lessor is in breach of the agreement.
The lessor or property manager must not:
5.1
require the tenant to pay more than 2 weeks rent in advance; or
5.2
require the tenant to pay rent by post-dated cheque; or
5.3
use rent paid by the tenant for the purpose of any amount payable by the tenant other than rent; or
5.4
require the tenant to pay any monetary amount other than rent, security bond and pet bond.
The lessor or property manager must give a rent receipt to the tenant within 3 days of the rent being paid unless the
rent is paid into an authorised bank or credit union account nominated by the lessor.
A tenancy agreement cannot contain a provision for a penalty, damages or extra payment if the tenant fails to keep to
the agreement or breaches any law. If an agreement allows a reduced rent or a rebate, refund or other benefit if the
tenant does not breach the agreement, the tenant is entitled to the reduction, rebate, refund or other benefit in any
event.
Warning: it is an offence for a tenant to fail or refuse to pay any rent due under a residential tenancy agreement with
the intention that the amount of such rent be recovered by the lessor from the tenants security bond.
9.
The lessor must pay all rates, taxes or charges imposed in respect of the premises under the Local Government Act
1995, the Land Tax Act 2002 or any written law under which a rate, tax or charge is imposed for water supply or
sewerage services under the Water Agencies (Powers) Act 1984 (other than a charge for water consumed). The lessor is
responsible for any contribution levied under the Strata Titles Act 1985 and any contribution levied on a proprietor
under the Strata Titles Act 1985.
10. Public utility services have the meaning given in the Land Administration Act 1997 and refers to services such as gas,
electricity and water.
11. If the premises are not separately metered to measure the tenants consumption of a public utility service at the
premises and the tenant is expected to pay for his or her consumption of the public utility service, the lessor and tenant
must agree in writing an alternative method of calculating the charge to be paid by the tenant for the consumption of
that public utility service.
12. The tenant must not be required to pay a charge in relation to a public utility service provided to the premises unless
the charge is calculated by reference to the tenants actual consumption of the public utility service at the premises and
the tenant is given written notice of the charge.
13. If the premises are separately metered, the notice of the charge must specify:
13.1 the relevant meter reading or readings; and
13.2 the charge per metered unit; and
13.3 the amount of GST payable in respect of the provision of the public utility service to the residential premises.
FORM 1 AA Residential Tenancy Agreement Page 4 of 10
14. If the premises are not separately metered, the notice of the charge must specify:
14.1 the calculation as per the agreed method; and
14.2 the amount of GST payable in respect of the provision of the public utility service to the residential premises.
16. The tenant is entitled to quiet enjoyment of the premises without interruption by the lessor or any person claiming by,
through or under the lessor or having superior title to that of the lessor.
17. The lessor or the property manager will not interfere with, or cause or permit any interference with, the reasonable
peace, comfort or privacy of the tenant in the use of the premises. The lessor or the property manager must also take
all reasonable steps to ensure that the lessors other neighbouring tenants do not interfere with the reasonable peace,
comfort or privacy of the tenant in the use of the premises.
20. In this clause, premises includes fixtures and chattels provided with the premises but does not include:
20.1 any fixture or chattel disclosed by the lessor to the tenant as not functioning before the agreement was entered
into; or
20.2 any other fixture or chattel that the tenant could not reasonably have expected to be functioning at the time
the agreement was entered into.
21. The lessor must:
21.1 provide vacant possession of the premises and in a reasonable state of cleanliness and repair; and
21.2 maintain and repair the premises in a timely manner; and
21.3 comply with all laws affecting the premises including building, health and safety laws.
URGENT REPAIRS
22. Urgent repairs are defined by the Residential Tenancies Act 1987 and fall into 2 categories: repairs that are necessary
for the supply or restoration of an essential service and other urgent repairs.
Essential services are listed in the Residential Tenancies Regulations 1989 as electricity, gas, a functioning refrigerator (if
one is provided with the premises), waste water management treatment and water (including the supply of hot water).
Arrangements for repairs that are necessary to supply or restore an essential service must be made with a suitable
repairer within 24 hours. Other urgent repairs are those that are not an essential service, but may nevertheless cause
damage to the premises, injure a person or cause undue hardship or inconvenience to the tenant. Arrangements for
these repairs must be made within 48 hours.
23. In every tenancy, if the need for urgent repair arises other than as a result of a breach of the agreement by the tenant:
23.1 the tenant is to notify the lessor or the property manager of the need for urgent repairs as soon as practicable;
and
FORM 1 AA Residential Tenancy Agreement Page 5 of 10
23.2
23.3
23.4
the lessor is to ensure that the repairs are carried out by a suitable repairer as soon as practicable after that
notification; and
if, within 24 hours (in the case of repairs for the supply or restoration of essential services) or 48 hours (in the
case of other urgent repairs), the lessor or property manager cannot be contacted, or, having notified the lessor
or property manager of the need for the repairs, the lessor fails to ensure that the repairs will be carried out by a
suitable repairer as soon as practicable after that notification, the tenant may arrange for the repairs to be
carried out by a suitable repairer to the minimum extent necessary to effect those repairs; and
if a tenant arranges for repairs to be carried out under clause 23.3, the lessor must, as soon as practicable after
the repairs are carried out, reimburse the tenant for any reasonable expense incurred by the tenant in arranging
for those repairs to be carried out and paying for those repairs.
24. The lessor, property manager or person acting on behalf of the lessor, can only enter the premises in the following
circumstances:
24.1 in any case of emergency;
24.2 to conduct up to 4 routine inspections in a 12 month period after giving the tenant at least 7 days, but not more
than 14 days, written notice;
24.3 where the agreement allows the rent to be collected at the premises where rent is payable not more frequently
than once every week;
24.4 to inspect and secure the premises if there are reasonable grounds to believe that the premises have been
abandoned and the tenant has not responded to a notice from the lessor;
24.5 carrying out or inspecting necessary repairs to or maintenance of the premises, at any reasonable time, after
giving the tenant not less than 72 hours notice in writing before the proposed entry;
24.6 showing the premises to prospective tenants, at any reasonable time and on a reasonable number of occasions
during the period of 21 days preceding the termination of the agreement, after giving the tenant reasonable
notice in writing;
24.7 showing the premises to prospective purchasers, at any reasonable time and on a reasonable number of
occasions, after giving the tenant reasonable notice in writing;
24.8 if the tenant agrees at, or immediately before, the time of entry.
25. There are directions within the Residential Tenancies Act 1987 which guide tenants, lessors and property managers on
appropriate behaviour in relation to gaining or granting access to the premises. The following summary may assist.
REASONABLE TIME
REQUIREMENT TO NEGOTIATE A DAY AND TIME FOR A PROPOSED ENTRY BY THE LESSOR
27. The lessor or property manager must make a reasonable attempt to negotiate a day and time that does not unduly
inconvenience the tenant.
28. Where the lessor or property manager gives a tenant notice of an intention to enter premises on a particular day, the
notice must specify the day and whether it will be before or after 12.00 pm.
29. The tenant is entitled to be on the premises during the entry by the lessor, the property manager or any other person
acting on behalf of the lessor.
31. If the lessor or property manager (or any person accompanying the lessor or property manager) causes damage to the
tenants goods when exercising a right of entry, the lessor is obliged to compensate the tenant.
32. If the tenancy agreement allows the tenant to affix a fixture or make a renovation, alteration or addition to the
premises, then:
32.1 the tenant must obtain permission from the lessor prior to affixing any fixture or making any renovation,
alteration or addition to the premises; and
32.2 the tenant must obtain permission from the lessor to remove any fixture attached by the tenant and make good
any damage; and
32.3 notify the lessor of any damage caused by removing any fixture and, at the option of the lessor, repair the
damage or compensate the lessor for any reasonable expenses incurred by the lessor in repairing the damage;
and
32.4 the lessor must not unreasonably refuse permission for the installation of a fixture or an alteration, addition or
renovation by the tenant.
33. If the lessor wants to make an alteration or addition or affix a fixture to the premises, then:
33.1 the lessor must obtain the tenants permission prior to affixing any fixture or making any renovation, alteration
or addition to the premises; and
33.2 the tenant must not unreasonably refuse permission for the lessor to affix any fixture or make any renovation,
alteration or addition to the premises.
34. The prescribed means of securing the premises are specified in the Residential Tenancies Regulations 1989. In every
tenancy:
34.1 the lessor must provide and maintain such means to ensure the premises are reasonably secure as prescribed in
the regulations; and
34.2 any lock or security device at the premises must not be altered, removed or added by a lessor or tenant without
the consent of the other; and
34.3 the lessor or the tenant must not unreasonably withhold that consent.
35. If the tenancy agreement allows the tenant to assign his or her interest or sub-let the premises with the lessors
consent:
35.1 the tenant cannot assign his or her interest or sub-let the premises without the written consent of the lessor;
and
35.2 the lessor must not unreasonably withhold such consent; and
35.3 the lessor must not make any charge for giving such consent other than the lessors reasonable incidental
expenses.
CONTRACTING OUT
36. It is an offence to contract out of any provision of the Residential Tenancies Act 1987.
37. This residential tenancy agreement can only be terminated in certain circumstances.
38. The tenant agrees, when this agreement ends, to give vacant possession of the premises to the lessor. Before giving
vacant possession to the lessor the tenant must:
38.1 remove all the tenants goods from the residential premises; and
38.2 leave the residential premises as closely as possible in the same condition, fair wear and tear excepted, as at the
commencement of the tenancy; and
38.3 return to the lessor all keys, and other opening devices or similar devices, provided by the lessor.
39. The tenant may be liable for losses incurred by the lessor if the above requirements are not met.
40.2
if either the lessor or tenant does not want to renew the agreement, by giving written notice of termination. The
notice must be given to the other party at least 30 days prior to the date on which vacant possession of the
premises is to be delivered to the lessor. The notice may be given at any time up until the end of the fixed term
but cannot take effect until the term ends.
42. The Residential Tenancies Act 1987 also authorises the lessor and tenant to end this agreement on other grounds. The
grounds for the lessor include sale of the residential premises, breach of this agreement by the tenant, where the
agreement is frustrated (e.g. where the premises are destroyed or become uninhabitable) and hardship. The grounds
for the tenant include breach of this agreement by the lessor, where the agreement is frustrated (e.g. where the
premises are destroyed or become uninhabitable) and hardship.
43. For more information, refer to the Residential Tenancies Act 1987 or contact the Department of Commerce
on 1300 30 40 54 or visit www.commerce.wa.gov.au/ConsumerProtection.
44. Warning:
44.1 It is an offence for any person to obtain possession of the residential premises without an order of the
Magistrates Court if the tenant does not willingly move out (a termination notice issued by the lessor or property
manager is not a court order). The court may order fines and compensation to be paid for such an offence.
44.2 It is an offence for a tenant to fail to provide the lessor with a forwarding address when vacating the premises.
SECURITY BOND
TENANCY DATABASES
50. A lessor or property manager can only list a person on a residential tenancy database if:
50.1 the person is a named tenant on the residential tenancy agreement; and
50.2 the residential tenancy agreement has been terminated; and
50.3 the person owes the lessor a debt that is greater than the security bond or a court has made an order
terminating the tenancy agreement.
NOTICES
51C.3 if the person has agreed under Part A to the electronic service of notices by sending the notice to the email
address or facsimile number given in Part A.
51D. A person may withdraw his or her consent to a notice being given to the person by email or facsimile by giving a notice to
that effect to each other party to the agreement.
DEPARTMENT OF COMMERCE
52. The Residential Tenancies Act 1987 allows the Commissioner for Consumer Protection to give advice to parties to a
residential tenancy agreement, to look into complaints and, wherever possible, help to settle them. The Department of
Commerce may be contacted by telephone on 1300 30 40 54 or by visiting one of the Departments offices.
53. The tenant should generally approach the lessor or property manager to solve any problem before approaching the
Department of Commerce. The Departments role is one of mediation and conciliation, it cannot issue orders or make
determinations in respect of disputes.
IF A DISPUTE CANNOT BE RESOLVED
54. If a dispute arises between the lessor and the tenant and the dispute cannot be resolved, either party may apply to the
Magistrates Court to have the dispute decided by the court. The court can make a range of orders, including:
53.1 restraining any action in breach of the agreement; and
53.2 requiring a party to the agreement to perform a certain action under the agreement; and
53.3 order the payment of any amount owing under the agreement; and
53.4 order the payment of compensation for loss or injury.
PART C
IMPORTANT INFORMATION
THE LESSOR AND TENANT ENTER INTO THIS AGREEMENT AND AGREE TO ALL ITS TERMS.
Signed by the LESSOR/PROPERTY MANAGER
_____________________________________________
[Signature of lessor/property manager]
________________________________________________
Witness (name and signature)
______/______/_______
Date
_____________________________________________
[Signature of tenant]
________________________________________________
Witness (name and signature)
______/______/_______
_____________________________________________
[Signature of tenant]
________________________________________________
Witness (name and signature)
______/______/_______
_____________________________________________
[Signature of tenant]
________________________________________________
Witness (name and signature)
______/______/_______
_____________________________________________
[Signature of tenant]
________________________________________________
Witness (name and signature)
______/______/_______
Date
Date
Date
Date
For further information about rights and obligations as a lessor or tenant, refer to the Residential Tenancies Act 1987 or
contact the Department of Commerce on 1300 30 40 54 or www.commerce.wa.gov.au/Tenancy
For Translating and Interpreting Services please telephone TIS on 13 14 50 and ask to speak to the Department of
Commerce (1300 30 40 54) for assistance.
CP02625/2012 JAug 2015 FORM 1AA version 02