TENANCY AGREEMENT (PERIODICAL TENANCY)

TENANCY AGREEMENT (PERIODICAL TENANCY)

BACKGROUND This agreement sets out the rights and responsibilities of the tenant and the Housing Authority of 99 Plain Street, East Perth (referred to herein as "the Authority") in relation to the rental premises described below. The Authority acts as the “Owner” of the rental premises for the purposes of this tenancy agreement pursuant to the Housing Act 1980 and in accordance with the [Community Legal entity name for Community Name OR Aboriginal Lands Trust on behalf of Community Name] Housing Management Agreement Although the Authority has all the rights and obligations of an Owner under the Residential Tenancies Act 1987, it does not have ownership of or any legal interest in the rental premises. This is a binding legal document, which is enforceable in the Magistrates Court by both the tenant and the Authority. Some important matters affecting tenants and the Authority are set out in the Residential Tenancies Act 1987, which, for instance, defines what a tenancy is and contains statements about some of the legal rights of landlords and tenants of residential premises in Western Australia. A copy of a brochure outlining tenant's rights and responsibilities under the Residential Tenancies Act 1987 must be provided by the Authority no later than the time when the agreement is entered into. AGREEMENT DETAILS The tenant

[Enter 1st Tenants Name] [Enter 2nd Tenants Name If Applicable]

of

[Enter Current Address]

agrees to be legally responsible for all the tenant's obligations set out in this agreement. The tenant acknowledges these obligations and responsibilities by signing this agreement. The landlord is the Housing Authority of 99 Plain Street, East Perth ("The Authority”). The tenancy will commence on

[Enter Date]

The rental premises are

The rent is $ [Amount] per week/fortnight/calendar month Subject to the terms of Clause 3 of this agreement which deals with rent increases. The subsidised rent is $ [Amount] per week/fortnight/calendar month Subject to annual reviews of the tenant's income or at any other time that the tenant's income increases or decreases by an amount not less than $10.00 per week

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The rent will be paid weekly/fortnightly/calendar monthly. Wage or Salary Earner - The rent will be paid by direct bank debit/ authority card (delete which is inapplicable). Statutory Income Recipients - The rent will be paid by direct deduction from Centrelink payments (CLADD). The account number for the payment of rent in accordance with this agreement is [BSB and Account Number] A maximum of

[eg: 2]

and a minimum of

[eg: 6]

people may reside at the premises.

GENERAL TERMS AND CONDTIONS 1.

GRANT OF TENANCY

1.1

The Authority lets the premises to the tenant on condition that the tenant pays the rental regularly and on time as required and in all other respects meets the tenant's obligations under this agreement including all legal obligations under the Residential Tenancies Act (unless lawfully excluded or modified by this agreement or any applicable Housing Management Agreement).

1.2

Upon annual review of the tenant's income by the Authority for the purpose of determining eligibility for assistance the tenant must answer all questions truthfully and disclose any increase in income or existence of additional assets.

1.3

The tenant must during the period of the tenancy remain eligible for assistance as determined by the Authority from time to time.

1.4

Without limiting what is a breach of a term of this agreement for the purposes of section 62 of the Residential Tenancies Act 1987, any breach of clauses 1.1, 1.2, 1.3 and 1.4 will be treated as a breach of this tenancy agreement for the purposes of section 62 of the Residential Tenancies Act 1987.

2.

PAYMENT OF RENT

2.1

The rent must be paid one period in advance starting on or before the commencement date of this agreement into the numbered account described in the Agreement Details at any Authority agency.

3.

RENT INCREASE

3.1

The rent is subject to market variations and may be altered by the Authority at any time. Except for the first SIX (6) months of tenancy, rent will not be increased more than every SIX (6) months unless clause 3.2 applies.

3.2

If the tenant receives a rent subsidy, rent may be altered by the Authority at any time where there is a change in income or family circumstances, or as part of an annual review.

4.

NOTICE OF RENT INCREASE

4.1

Subject to clause 4.2, before any increase in the rent takes place the Authority will give the tenant SIXTY (60) days notice in writing.

4.2

If the tenant receives a rent subsidy, no notice is required before any increase in the rent takes place.

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5.

PERIODIC TENANCY This agreement creates a periodic tenancy in accordance with the Residential Tenancies Act 1987.

6.

COMPLIANCE WITH LAWS, EXEMPTIONS AND EXCLUSIONS

6.1

The Authority and the tenant must comply with the Residential Tenancies Act 1987 in so far as it applies to each of them.

6.2

The Authority is exempt from compliance with the following sections of the Residential Tenancies Act 1987: (a)

Section 29(4)(b) which would otherwise require any security bond paid by the tenant to the Authority to be paid to an authorised financial institution or to the bond administrator in accordance with the Act;

(b)

Sections 29 (1)(a) and 29 (4)(a) whenever the tenant pays a bond by instalments

(c)

Section 30(1) which would otherwise require the Authority:

(d)

(i)

to give to the tenant not less than SIXTY (60) days notice before a rent increase becomes payable; and

(ii)

not to increase the rent during the first SIX (6) months of the tenancy or before six months have lapsed from the previous date of increase; and

Section 33 which would otherwise require that the Authority gives the tenant a receipt for the payment of rent within 3 days of payment.

6.3

Section 43 of the Residential Tenancies Act 1987, which relates to urgent repairs is excluded from this agreement as the Authority provides an after hours emergency service.

6.4

Section 42(1)(b) of the Residential Tenancies Act 1987, which relates to the Authority's obligation to provide and maintain the premises in a reasonable state of repair is excluded to the extent specified in clause 25 ("Special Amenities") of this agreement.

6.5

Section 46 of the Residential Tenancies Act 1987, which relates to the Authority's right of entry to the premises is modified to the extent specified in clause 25 ("Special Amenities") of this agreement.

7.

USE OF PREMISES

7.1

Subject to clause 7.2 the premises must only be used for residential purposes.

7.2

The Authority may in its absolute discretion permit the tenant to use the premises for nonresidential purposes, such permission not to be withheld unreasonably.

7.3

The tenant must not use the premises or allow the premises to be used by any other person for any illegal purpose or in any way which causes a nuisance to any other person.

8.

CONTINUOUS OCCUPATION

8.1

Except as provided for in Clause 8.4 of this Agreement, the tenant must not at any time, without the written consent of the Authority, allow the premises to remain unoccupied for a continuous period exceeding the period defined in Clause 8.2..

8.2

If the tenant intends to leave the premises unoccupied for a continuous period in excess of [period defined in Cl. 4.3 of HMA - eg; six (6) months], the tenant must give the Authority ONE (1) month’s notice in writing of this intention.

8.3

The Authority will not withhold the consent referred to in clause 8.1 if is satisfied in its absolute discretion that the tenant has good reason to temporarily vacate the premises and that such vacation will not prejudice the repair order and condition of the premises

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8.4

The tenant, may, upon the occurrence of a Cultural Circumstance as specified in Schedule D (the Schedule) of the agreed Housing Management Agreement for [Community Legal entity name for Community Name OR Aboriginal Lands Trust on behalf of Community Name] vacate the premises for the period specified for that Cultural Circumstance as set out in the Schedule.

8.5

In the event that the tenant is required to vacate the premises in accordance with Clause 8.4, the tenant shall notify the Authority, or [Community Legal entity name for Community Name OR Aboriginal Lands Trust on behalf of Community Name], of their intention to vacate the premises, prior to vacation.

9.

NO ALTERATIONS, ADDITIONS OR IMPROVEMENTS

9.1

Subject to clause 11.2 the tenant must not make any alterations, addition or improvements to the premises or common areas without the prior written consent of the Authority, such consent not to be withheld unreasonably.

9.2

The tenant may make minor improvements to the premises without the permission of the Authority so long as the tenant makes good to the absolute satisfaction of the Authority any damage to the premises caused by the minor improvements or their removal. "improvements" includes attaching any fixture to the premises and. "minor improvements" includes temporary, non-structural works such as the installation of curtains, blinds and picture hooks which are readily and easily removable do not affect the structure of the premises.

10.

REPAIRS

10.1 The tenant must keep and maintain the premises in good and tenantable repair, order and condition having regard to the state of the premises at the commencement of this agreement, fair wear and tear excepted. Where damage is beyond fair wear and tear, the tenant is responsible for any repairs. 10.2 The tenant must report all damage or the need for repair to the premises or common areas to the Authority within THREE (3) days of the damage or the need for repair occurring. 10.3 The tenant must ensure that the premises are unoccupied while repairs or maintenance work is undertaken, where the safety of the contractor or residents may be at risk. 10.4 The tenant must indemnify the Authority for the cost of repairing any damage to the premises during the tenancy, fair wear and tear excepted. 11.

MAINTENANCE OF PREMISES AND DISPOSAL OF RUBBISH

11.1 The tenant must regularly maintain the premises in a clean and tidy condition at all times. 11.2 Without limiting the effect of clause 11.1, the tenant must: (a)

maintain the garden area to a standard commensurate with the standard generally applying to residences in the same street;

(b)

water the lawn, trees and shrubs;

(c)

mow the lawn; and

(d)

remove and lawfully dispose of all rubbish from the premises.

"rubbish" includes lawn clippings and other garden refuse. 12.

PROPERTY DAMAGE AND PERSONAL INJURY

12.1 The tenant must not intentionally, negligently or recklessly cause or allow any other person to cause:

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(a)

Damage or disrepair to the premises or adjoining premises; or

(b)

injury to: (i)

any employee or agent of the Authority or Name the organisation or

(ii)

any person in occupation of or present on adjoining premises or common areas.

12.2 Section 50 of the Residential Tenancies Act 1987 applies and the tenant is vicariously responsible for any act or omission by a person who is present on the premises by the express or implied permission of the tenant. 13.

PEST CONTROL The tenant must ensure that the premises are free from pests. "Pests" include rats, mice, and other vermin but excludes white ants, termites, Singapore ants and bees.

14.

PETS

14.1 The Authority may at any time by notice in writing require the tenant to stop keeping pets on the premises and to remove them. 14.2 The tenant must not keep a dog which is listed in the Dog (Restricted Breeds) Regulations 2002. A ‘Restricted Breed’ dog means a dog of any of the following breeds: -

dogo Argentino

-

fila Brasileiro

-

Japanese tosa

-

American pit bull terrier / pit bull terrier

"Pets" includes any species of animals, fish or birds. 15.

NO SUB-LETTING OR ASSIGNMENT The tenant must not sub-let or assign the tenant's interest in the premises or this agreement without the prior written consent of the Authority, such consent not to be withheld unreasonably.

16.

UTILITY CHARGES The tenant must pay all electricity, gas, telephone, water consumption and connection charges in respect of the premises.

17.

RATES The Authority must pay all local authority and water rates in respect of the premises.

18.

INSURANCE AND INDEMNITIES

18.1 The Authority is responsible for acting as its own insurer in relation to the premises. 18.2 The tenant is responsible for insuring the tenant's personal property. 18.3 The tenant must not do or permit anything to be done which would increase the risk of potential legal liability to the Authority where the Authority is acting as its own insurer in relation to the premises. 18.4 The tenant must indemnify the Authority for: (a)

any excess amount or additional premium charged on an insurance policy held by the Authority on the premises, complex or common areas in respect of public risk where such excess amount or premium is attributable to conduct by the tenant or any

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persons or persons for whom the tenant is responsible

19.

(b)

any excess amount or payable by the Authority where the Authority is not acting as its own insurer in relation to the premises where such excess amount paid is attributable to conduct by the tenant or any persons or persons for whom the tenant is responsible; or

(c)

damage to the premises caused by the tenant or anyone on the premises with the express or implied consent of the tenant.

VACATING THE PREMISES

19.1 The tenant must give the Authority TWENTY ONE (21) days notice in writing before vacating the premises except where the tenant is transferring to another Authority property with the written permission of the Authority. 19.2 Failure to give notice in accordance with clause 19.1 will entitle the Authority to claiming further rent for a period equal to the difference between TWENTY ONE (21) days and the period of notice actually given by the tenant. 19.3 Upon vacating the premises, the tenant must return all keys (including duplicates) to the Authority. 20.

CONDITION OF PREMISES UPON VACATING

20.1 Before vacating the premises, the tenant must return the premises to the same condition as they were in at the commencement of this agreement less an allowance for fair wear and tear. 20.2 Without limiting the effect of clause 20.1 the tenant must remove any vehicle or part of any vehicle owned by the tenant or brought by the tenant on the premises. 21.

TERMINATION BY THE AUTHORITY

21.1 Where the tenant is in breach of this agreement, the Authority must give the tenant notice describing the breach and requiring it to be remedied. 21.2 After a notice is given under clause 21.1 for failing to pay rent, the Authority may give further notice terminating the agreement provided: (a)

Rent is outstanding at the time of giving the notice under clause 21.1; and

(b)

The notice terminating the agreement is given not less than FOURTEEN (14) days after the notice under clause 21.1 is given.

21.3 Where a notice is given under clause 21.3 for a breach other than failing to pay rent, the Authority may give further notice terminating the agreement not less than FOURTEEN (14) days from the date of the notice given under clause 21.1 21.4 Notwithstanding clauses 21.1, 21.2 and 21.3, the Authority may at any time give SIXTY (60) days notice of termination of the agreement with the Authority without specifying any ground for the termination but the Authority will not exercise the right contained in this clause 23.4 in a capricious or unreasonable manner. 21.5 The rights and obligations of the Authority concerning termination of this agreement set out in clauses 21.1 to 21.4 (inclusive) do not affect the right of the Authority to give a notice of termination to the tenant immediately upon the ground that a breach of the tenant's agreement to pay rent has occurred provided that the Authority must observe the provisions of section 62(5) of the Residential Tenancies Act 1987 in those circumstances.

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22.

HOW NOTICES TO THE TENANT MAY BE SENT

22.1 A notice given under this agreement is regarded as being received by the tenant if it is: (a)

(b) 23.

sent by post addressed to the tenant: (i)

at the premises; or

(ii)

at the tenant's post office box; or

(iii)

at the tenant's last known place of residence, employment or business; or

hand delivered to the tenant in person.

INSPECTION OF PREMISES

23.1 Section 46 of the Residential Tenancies Act 1987 forms part of this agreement. 23.2 Section 46 sets out the circumstances in which agents or employees of the Authority may enter the premises including, in the case of emergencies, for inspection of the premises, for rent collection and for other purposes as set out in that section. 23.3 Inspection will be carried out in the manner set out in the ‘Information for Tenants’ brochure. 24.

SPECIAL AMENITIES

24.1 Section 42(1)(b) of the Residential Tenancies Act 1987 which relates to the Authority's obligation to provide and maintain the premises in a reasonable state of repair is excluded insofar as it applies to special amenities. 24.2 The tenant shall be responsible for the maintenance and repair of the special amenities unless and until the tenant gives the Authority notice in writing specifying the special amenities that the tenant no longer wishes to maintain. 24.3 Notwithstanding section 46 of the Residential Tenancies Act 1987, upon receiving notice from the tenant in accordance with clause 26.2, the Authority may enter upon the premises to remove the special amenities referred to in the notice. The Authority shall give the tenant not less than SEVENTY-TWO (72) hours notice of such entry. 24.4 "special amenities" means: [full description of special amenity – e.g. air conditioning unit, type, make, serial number]

25.

(a)

___________________________________________________________________

(b)

___________________________________________________________________

(c)

___________________________________________________________________

(d)

___________________________________________________________________

SPECIAL CONDITIONS

Clause 25.1 of this Tenancy Agreement applies only to rental premises situated in a Dry Community. [Delete if not applicable] 25.1

The tenant must not store or consume alcohol on the premises, and must not permit any other person to store or consume alcohol on the premises.

Clause 25.2 to Clause 25.4 of this Tenancy Agreement applies only to rental premises that are subject to a bond. [Delete if not applicable] 25.2

The tenant will pay a bond.

25.3

The agreed bond is $[amount].

25.4

The bond must be paid on signing this agreement and before taking possession of the premises.

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SIGNATURE CLAUSE Tenants Signature st

←

nd

Signature of 1 Tenant

Signature of 2 Tenant (if applicable)

Signature of Witness

Signature of Witness (if applicable)

←

Signature of Authority’s Authorised Officer

←

←

Signature of Authorised Officer

Signature of Witness

Name of Authorised Officer

Date

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TENANTS RESPONSIBILITIES (Checklist – copy to be given to tenant) You must: 1.

Comply with the Residential Tenancies Act 1987.

2.

Pay your rent on time.

3.

Use the premises only as a residence.

4.

Repair, maintain and keep the premises clean, tidy and free from pests.

5.

Maintain the yard and remove all rubbish from the property.

6.

Pay all electricity, gas, telephone and water charges.

7.

Insure your own personal property.

8.

Leave the premises in the same condition as you found it at the beginning of the tenancy.

9.

Comply with all Community By-Laws.

You must not: 1.

Allow antisocial behaviour in or around the premises, including but not restricted to loud music, aggressive, threatening or obscene language or behaviour, drunken behaviour, uncontrollable parties, fighting, acts of physical violence, unwanted entry onto neighbouring properties.

2.

Use the premises for an illegal purpose or create a nuisance.

3.

Leave the premises for more than one month without written consent unless you have to vacate it due to a Cultural Circumstance.

4.

Make structural changes to the premises without written consent.

5.

Damage the premises.

6.

Injure or threaten anyone from the Housing Authority (the Authority), the Organisation, any agents or employees of the Authority or the Organisation or any adjoining neighbour.

7.

Assign the tenancy agreement or sub-let the premises without written permission.

8.

Keep animals on the premises other than in the terms of the tenancy agreement.

9.

Leave the premises at the end of the lease without removing any vehicles or without returning the keys.

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