RESIDENTIAL TENANCIES ACT 1995 - SECT 49

RESIDENTIAL TENANCIES ACT 1995 - SECT 49

49—Residential tenancy agreements

        (1)         A written residential tenancy agreement entered into after the commencement of this section must—

            (a)         state clearly in a prominent position at the beginning of the agreement that—

                  (i)         the agreement is a residential tenancy agreement; and

                  (ii)         the parties to the agreement should consider obtaining legal advice about their rights and obligations under the agreement; and

            (b)         set out—

                  (i)         if an agent is acting for the landlord—the agent's name, postal or email address and telephone number, and, if the agent is registered as an agent under the Land Agents Act 1994 , his or her registration number under that Act; and

                  (ii)         the landlord's full name and postal or email address for service of documents (which must not be the agent's address for service); and

                  (iii)         if no agent is acting for the landlord—the landlord's telephone number; and

                  (iv)         the tenant's name; and

                  (v)         the address of the residential premises; and

                  (vi)         the terms of the agreement, including—

                        (A)         the amount of rent payable; and

                        (B)         the interval between rental payment times; and

                        (C)         the method by which rent is to be paid; and

                        (D)         the amount of the bond; and

                        (E)         any agreement reached as to responsibility for rates and charges for water supply; and

                        (F)         responsibility for insurance of the premises and the contents of the premises; and

                        (G)         any other terms of the agreement (including, for example, terms in relation to pets or responsibility for repairs); and

            (c)         be dated and signed by the parties to the agreement; and

            (d)         comply with any other requirements prescribed by the regulations.

        (2)         A provision of a residential tenancy agreement that does not comply with subsection (1) that requires the tenant to pay a bond is unenforceable.

        (3)         A landlord must not enter into a residential tenancy agreement unless the landlord or an agent acting for the landlord has first given the tenant a written guide that explains the tenant's rights and obligations under such an agreement and is in the form approved by the Commissioner for the purposes of this section.

Maximum penalty: $25 000.

Expiation fee: $1 200.

        (4)         The matters specified or agreed in a written residential tenancy agreement entered into after the commencement of this section may not be varied unless the variation is in writing and dated and signed by the landlord and tenant.

        (5)         A landlord under a written residential tenancy agreement must keep a copy of the agreement, and any variation of the agreement, whether in paper or electronic form, for at least 2 years following termination of the agreement.

Maximum penalty: $25 000.

Expiation fee: $1 200.

        (6)         If a landlord (or an agent acting for a landlord) invites or requires a tenant or prospective tenant to sign a written residential tenancy agreement, the landlord must ensure that—

            (a)         the tenant receives a copy of the residential tenancy agreement when the tenant signs it; and

            (b)         if the agreement has not then been signed by the landlord, a copy of the agreement, as executed by all parties, is delivered to the tenant within 21 days after the tenant gives the agreement back to the landlord or the landlord's agent to complete its execution.

Maximum penalty: $35 000.

Expiation fee: $2 000.

        (7)         Subject to subsection (2), a failure to comply with this section does not make the residential tenancy agreement illegal, invalid or unenforceable.