{"id":"qld:sl-2025-0089","name":"Residential Tenancies and Rooming Accommodation Regulation 2025","slug":"residential-tenancies-and-rooming-accommodation-regulation-2025","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"89 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173690,"registerId":"qld-sl-2025-0089-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Residential Tenancies and Rooming Accommodation Regulation 2025 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 September 2025.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Dictionary","content":"### sec.3 Dictionary\n\nThe dictionary in schedule 8 defines particular words used in this regulation.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Applications for residential tenancies and rooming accommodation","content":"# Applications for residential tenancies and rooming accommodation","sortOrder":4},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Applications for residential tenancies","content":"## Applications for residential tenancies","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Information for required application form— Act , s 57B","content":"### sec.4 Information for required application form— Act , s 57B\n\nFor section 57B (4) (g) of the Act , the following information is prescribed—\nthe prospective tenant’s date of birth;\nthe number of occupants intended to reside in the premises;\nthe number of the occupants intended to reside in the premises who are under 18 years;\nthe number and type of any pets intended to be kept at the premises if approved by the lessor;\nthe number of each of the following types of vehicles the prospective tenant intends to park on the premises—\nboats;\ncaravans;\ncars;\nheavy vehicles;\ntrailers;\nany other motor vehicles;\nif the premises are a moveable dwelling in, or intended to be situated in, a moveable dwelling park—the number of each of the types of vehicles mentioned in paragraph (e) (i) to (vi) that the prospective tenant intends to park in the moveable dwelling park;\nif the prospective tenant can not provide details about their current employment or income—details about the prospective tenant’s financial ability to pay rent, other than statements of credit accounts or bank accounts belonging to the prospective tenant detailing transactions.\nIn this section—\nheavy vehicle means a heavy vehicle under the Heavy Vehicle National Law (Queensland) .\n(sec.4-ssec.1) For section 57B (4) (g) of the Act , the following information is prescribed— the prospective tenant’s date of birth; the number of occupants intended to reside in the premises; the number of the occupants intended to reside in the premises who are under 18 years; the number and type of any pets intended to be kept at the premises if approved by the lessor; the number of each of the following types of vehicles the prospective tenant intends to park on the premises— boats; caravans; cars; heavy vehicles; trailers; any other motor vehicles; if the premises are a moveable dwelling in, or intended to be situated in, a moveable dwelling park—the number of each of the types of vehicles mentioned in paragraph (e) (i) to (vi) that the prospective tenant intends to park in the moveable dwelling park; if the prospective tenant can not provide details about their current employment or income—details about the prospective tenant’s financial ability to pay rent, other than statements of credit accounts or bank accounts belonging to the prospective tenant detailing transactions.\n(sec.4-ssec.2) In this section— heavy vehicle means a heavy vehicle under the Heavy Vehicle National Law (Queensland) .\n- (a) the prospective tenant’s date of birth;\n- (b) the number of occupants intended to reside in the premises;\n- (c) the number of the occupants intended to reside in the premises who are under 18 years;\n- (d) the number and type of any pets intended to be kept at the premises if approved by the lessor;\n- (e) the number of each of the following types of vehicles the prospective tenant intends to park on the premises— (i) boats; (ii) caravans; (iii) cars; (iv) heavy vehicles; (v) trailers; (vi) any other motor vehicles;\n- (i) boats;\n- (ii) caravans;\n- (iii) cars;\n- (iv) heavy vehicles;\n- (v) trailers;\n- (vi) any other motor vehicles;\n- (f) if the premises are a moveable dwelling in, or intended to be situated in, a moveable dwelling park—the number of each of the types of vehicles mentioned in paragraph (e) (i) to (vi) that the prospective tenant intends to park in the moveable dwelling park;\n- (g) if the prospective tenant can not provide details about their current employment or income—details about the prospective tenant’s financial ability to pay rent, other than statements of credit accounts or bank accounts belonging to the prospective tenant detailing transactions.\n- (i) boats;\n- (ii) caravans;\n- (iii) cars;\n- (iv) heavy vehicles;\n- (v) trailers;\n- (vi) any other motor vehicles;","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Restricted way for submitting application— Act , s 57B","content":"### sec.5 Restricted way for submitting application— Act , s 57B\n\nFor section 57B (7) of the Act , definition restricted way , paragraph (b) , a way that requires the prospective tenant to pay an amount in relation to submitting the application is prescribed to be a restricted way.\nThe prospective tenant is required to pay for a background check to be conducted to submit the application.\nThe prospective tenant is required to pay a fee to submit the application to a real estate agent using a particular online platform.\n- 1 The prospective tenant is required to pay for a background check to be conducted to submit the application.\n- 2 The prospective tenant is required to pay a fee to submit the application to a real estate agent using a particular online platform.","sortOrder":7},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Applications for rooming accommodation","content":"## Applications for rooming accommodation","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Information for required application form— Act , s 76C","content":"### sec.6 Information for required application form— Act , s 76C\n\nFor section 76C (3) (g) of the Act , the following information is prescribed—\nthe prospective resident’s date of birth;\nthe number of occupants intended to reside in the room;\nthe number of the occupants intended to reside in the room who are under 18 years;\nthe number and type of any pets intended to be kept at the rental premises if approved by the provider;\nthe number of each of the following types of vehicles the prospective resident intends to park on the rental premises—\nboats;\ncaravans;\ncars;\nheavy vehicles;\ntrailers;\nany other motor vehicles;\nif the prospective resident can not provide details about their current employment or income—details about the prospective resident’s financial ability to pay rent, other than statements of credit accounts or bank accounts belonging to the prospective resident detailing transactions.\nIn this section—\nheavy vehicle means a heavy vehicle under the Heavy Vehicle National Law (Queensland) .\n(sec.6-ssec.1) For section 76C (3) (g) of the Act , the following information is prescribed— the prospective resident’s date of birth; the number of occupants intended to reside in the room; the number of the occupants intended to reside in the room who are under 18 years; the number and type of any pets intended to be kept at the rental premises if approved by the provider; the number of each of the following types of vehicles the prospective resident intends to park on the rental premises— boats; caravans; cars; heavy vehicles; trailers; any other motor vehicles; if the prospective resident can not provide details about their current employment or income—details about the prospective resident’s financial ability to pay rent, other than statements of credit accounts or bank accounts belonging to the prospective resident detailing transactions.\n(sec.6-ssec.2) In this section— heavy vehicle means a heavy vehicle under the Heavy Vehicle National Law (Queensland) .\n- (a) the prospective resident’s date of birth;\n- (b) the number of occupants intended to reside in the room;\n- (c) the number of the occupants intended to reside in the room who are under 18 years;\n- (d) the number and type of any pets intended to be kept at the rental premises if approved by the provider;\n- (e) the number of each of the following types of vehicles the prospective resident intends to park on the rental premises— (i) boats; (ii) caravans; (iii) cars; (iv) heavy vehicles; (v) trailers; (vi) any other motor vehicles;\n- (i) boats;\n- (ii) caravans;\n- (iii) cars;\n- (iv) heavy vehicles;\n- (v) trailers;\n- (vi) any other motor vehicles;\n- (f) if the prospective resident can not provide details about their current employment or income—details about the prospective resident’s financial ability to pay rent, other than statements of credit accounts or bank accounts belonging to the prospective resident detailing transactions.\n- (i) boats;\n- (ii) caravans;\n- (iii) cars;\n- (iv) heavy vehicles;\n- (v) trailers;\n- (vi) any other motor vehicles;","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Restricted way for submitting application— Act , s 76C","content":"### sec.7 Restricted way for submitting application— Act , s 76C\n\nFor section 76C (6) of the Act , definition restricted way , paragraph (b) , a way that requires the prospective resident to pay an amount in relation to submitting the application is prescribed to be a restricted way.\nThe prospective resident is required to pay for a background check to be conducted to submit the application.\nThe prospective resident is required to pay a fee to submit the application to a real estate agent using a particular online platform.\n- 1 The prospective resident is required to pay for a background check to be conducted to submit the application.\n- 2 The prospective resident is required to pay a fee to submit the application to a real estate agent using a particular online platform.","sortOrder":10},{"sectionNumber":"pt.3","sectionType":"part","heading":"Standard terms and replacement terms","content":"# Standard terms and replacement terms","sortOrder":11},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":12},{"sectionNumber":"sec.8","sectionType":"section","heading":"Application of part","content":"### sec.8 Application of part\n\nThis part applies to a residential tenancy agreement other than the following—\na residential tenancy agreement for moveable dwelling premises under which the State is the lessor;\na residential tenancy agreement that is not in writing.\nAlso, this part applies to a rooming accommodation agreement other than a rooming accommodation agreement that is not in writing.\n(sec.8-ssec.1) This part applies to a residential tenancy agreement other than the following— a residential tenancy agreement for moveable dwelling premises under which the State is the lessor; a residential tenancy agreement that is not in writing.\n(sec.8-ssec.2) Also, this part applies to a rooming accommodation agreement other than a rooming accommodation agreement that is not in writing.\n- (a) a residential tenancy agreement for moveable dwelling premises under which the State is the lessor;\n- (b) a residential tenancy agreement that is not in writing.","sortOrder":13},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Residential tenancy agreements","content":"## Residential tenancy agreements","sortOrder":14},{"sectionNumber":"sec.9","sectionType":"section","heading":"Purpose of division","content":"### sec.9 Purpose of division\n\nFor section 55 of the Act , this division prescribes standard terms for inclusion in a residential tenancy agreement to which this part applies.","sortOrder":15},{"sectionNumber":"sec.10","sectionType":"section","heading":"General tenancy agreements","content":"### sec.10 General tenancy agreements\n\nSchedule 1 , part 2 states the standard terms for a residential tenancy agreement to which this part applies, other than a residential tenancy agreement—\nfor moveable dwelling premises; or\nthat is a State tenancy agreement.\nA residential tenancy agreement to which the standard terms in schedule 1 , part 2 apply is a general tenancy agreement .\nSchedule 1 , part 1 states the information (the tenancy information ) about a residential tenancy that must be included in a general tenancy agreement.\nHowever, the tenancy information mentioned in any of the following items of schedule 1 , part 1 is not required to be included in a general tenancy agreement—\nitem 1.2;\nitem 2.2;\nitem 3.2;\nitem 10.\n(sec.10-ssec.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— for moveable dwelling premises; or that is a State tenancy agreement.\n(sec.10-ssec.2) A residential tenancy agreement to which the standard terms in schedule 1 , part 2 apply is a general tenancy agreement .\n(sec.10-ssec.3) Schedule 1 , part 1 states the information (the tenancy information ) about a residential tenancy that must be included in a general tenancy agreement.\n(sec.10-ssec.4) However, the tenancy information mentioned in any of the following items of schedule 1 , part 1 is not required to be included in a general tenancy agreement— item 1.2; item 2.2; item 3.2; item 10.\n- (a) for moveable dwelling premises; or\n- (b) that is a State tenancy agreement.\n- (a) item 1.2;\n- (b) item 2.2;\n- (c) item 3.2;\n- (d) item 10.","sortOrder":16},{"sectionNumber":"sec.11","sectionType":"section","heading":"Moveable dwelling tenancy agreements","content":"### sec.11 Moveable dwelling tenancy agreements\n\nSchedule 2 , part 2 states the standard terms for a residential tenancy agreement for a long tenancy (moveable dwelling) to which this part applies.\nA residential tenancy agreement to which the standard terms in schedule 2 , part 2 apply is a moveable dwelling tenancy agreement .\nSchedule 2 , part 1 states the information (also the tenancy information ) about a residential tenancy that must be included in a moveable dwelling tenancy agreement.\nHowever, the tenancy information mentioned in any of the following items of schedule 2 , part 1 is not required to be included in a moveable dwelling tenancy agreement—\nitem 1.2;\nitem 2.2;\nitem 3.2;\nitem 11.\n(sec.11-ssec.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.\n(sec.11-ssec.2) A residential tenancy agreement to which the standard terms in schedule 2 , part 2 apply is a moveable dwelling tenancy agreement .\n(sec.11-ssec.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.\n(sec.11-ssec.4) However, the tenancy information mentioned in any of the following items of schedule 2 , part 1 is not required to be included in a moveable dwelling tenancy agreement— item 1.2; item 2.2; item 3.2; item 11.\n- (a) item 1.2;\n- (b) item 2.2;\n- (c) item 3.2;\n- (d) item 11.","sortOrder":17},{"sectionNumber":"sec.12","sectionType":"section","heading":"State tenancy agreements","content":"### sec.12 State tenancy agreements\n\nSchedule 3 , part 2 states the standard terms for a residential tenancy agreement under which—\nthe lessor is the chief executive of the housing department, acting on behalf of the State; or\nthe lessor is the State and the tenant is an officer or employee of the State.\nA residential tenancy agreement to which the standard terms in schedule 3 , part 2 apply is a State tenancy agreement .\nSchedule 3 , part 1 states the information (also the tenancy information ) about a residential tenancy that must be included in a State tenancy agreement.\nHowever, the tenancy information mentioned in any of the following items of schedule 3 , part 1 is not required to be included in a State tenancy agreement—\nitem 1.2;\nitem 2.2;\nitem 3.2;\nitem 10.\n(sec.12-ssec.1) Schedule 3 , part 2 states the standard terms for a residential tenancy agreement under which— the lessor is the chief executive of the housing department, acting on behalf of the State; or the lessor is the State and the tenant is an officer or employee of the State.\n(sec.12-ssec.2) A residential tenancy agreement to which the standard terms in schedule 3 , part 2 apply is a State tenancy agreement .\n(sec.12-ssec.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.\n(sec.12-ssec.4) However, the tenancy information mentioned in any of the following items of schedule 3 , part 1 is not required to be included in a State tenancy agreement— item 1.2; item 2.2; item 3.2; item 10.\n- (a) the lessor is the chief executive of the housing department, acting on behalf of the State; or\n- (b) the lessor is the State and the tenant is an officer or employee of the State.\n- (a) item 1.2;\n- (b) item 2.2;\n- (c) item 3.2;\n- (d) item 10.","sortOrder":18},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Community housing provider tenancy agreements","content":"## Community housing provider tenancy agreements","sortOrder":19},{"sectionNumber":"sec.13","sectionType":"section","heading":"Purpose of division","content":"### sec.13 Purpose of division\n\nFor section 527C of the Act , this division prescribes replacement terms for inclusion in a community housing provider tenancy agreement.","sortOrder":20},{"sectionNumber":"sec.14","sectionType":"section","heading":"Community housing provider tenancy agreements","content":"### sec.14 Community housing provider tenancy agreements\n\nSchedule 4 , part 2 states the replacement terms for a community housing provider tenancy agreement.\nSchedule 4 , 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.\nHowever, the tenancy information mentioned in any of the following items of schedule 4 , part 1 is not required to be included in a community housing provider tenancy agreement—\nitem 1.2;\nitem 2.2;\nitem 3.2;\nitem 10.\nThe tenancy information of a community housing provider tenancy agreement is taken to include—\nthe following details, if a notice given under section 527C (5) (a) of the Act includes the details—\nthe lessor as item 1;\nthe lessor’s agent as item 3;\nthe rent amount as item 7;\nthe day of payment of rent as item 8;\nthe methods of payment of rent as item 9;\nthe place of payment of rent as item 10;\nthe payment of services for the premises as item 12;\nhow the services must be paid for as item 14; and\nthe details of the tenancy information for a former agreement, other than tenancy information mentioned in paragraph (a) .\nIn this section—\nformer 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.\nitem , in relation to tenancy information, means an item in schedule 4 , part 1 .\n(sec.14-ssec.1) Schedule 4 , part 2 states the replacement terms for a community housing provider tenancy agreement.\n(sec.14-ssec.2) Schedule 4 , 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.\n(sec.14-ssec.3) However, the tenancy information mentioned in any of the following items of schedule 4 , part 1 is not required to be included in a community housing provider tenancy agreement— item 1.2; item 2.2; item 3.2; item 10.\n(sec.14-ssec.4) The tenancy information of a community housing provider tenancy agreement is taken to include— the following details, if a notice given under section 527C (5) (a) of the Act includes the details— the lessor as item 1; the lessor’s agent as item 3; the rent amount as item 7; the day of payment of rent as item 8; the methods of payment of rent as item 9; the place of payment of rent as item 10; the payment of services for the premises as item 12; how the services must be paid for as item 14; and the details of the tenancy information for a former agreement, other than tenancy information mentioned in paragraph (a) .\n(sec.14-ssec.5) In this section— 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. item , in relation to tenancy information, means an item in schedule 4 , part 1 .\n- (a) item 1.2;\n- (b) item 2.2;\n- (c) item 3.2;\n- (d) item 10.\n- (a) the following details, if a notice given under section 527C (5) (a) of the Act includes the details— (i) the lessor as item 1; (ii) the lessor’s agent as item 3; (iii) the rent amount as item 7; (iv) the day of payment of rent as item 8; (v) the methods of payment of rent as item 9; (vi) the place of payment of rent as item 10; (vii) the payment of services for the premises as item 12; (viii) how the services must be paid for as item 14; and\n- (i) the lessor as item 1;\n- (ii) the lessor’s agent as item 3;\n- (iii) the rent amount as item 7;\n- (iv) the day of payment of rent as item 8;\n- (v) the methods of payment of rent as item 9;\n- (vi) the place of payment of rent as item 10;\n- (vii) the payment of services for the premises as item 12;\n- (viii) how the services must be paid for as item 14; and\n- (b) the details of the tenancy information for a former agreement, other than tenancy information mentioned in paragraph (a) .\n- (i) the lessor as item 1;\n- (ii) the lessor’s agent as item 3;\n- (iii) the rent amount as item 7;\n- (iv) the day of payment of rent as item 8;\n- (v) the methods of payment of rent as item 9;\n- (vi) the place of payment of rent as item 10;\n- (vii) the payment of services for the premises as item 12;\n- (viii) how the services must be paid for as item 14; and","sortOrder":21},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Rooming accommodation agreements","content":"## Rooming accommodation agreements","sortOrder":22},{"sectionNumber":"sec.15","sectionType":"section","heading":"Purpose of division","content":"### sec.15 Purpose of division\n\nFor section 73 of the Act , this division prescribes standard terms for inclusion in a rooming accommodation agreement to which this part applies.","sortOrder":23},{"sectionNumber":"sec.16","sectionType":"section","heading":"Rooming accommodation agreements","content":"### sec.16 Rooming accommodation agreements\n\nSchedule 5 , part 2 states the standard terms for a rooming accommodation agreement to which this part applies.\nSchedule 5 , part 1 states the information (the rooming accommodation information ) about rooming accommodation that must be included in a rooming accommodation agreement.\nHowever, the rooming accommodation information mentioned in any of the following items of schedule 5 , part 1 is not required to be included in a rooming accommodation agreement—\nitem 1.2;\nitem 2.2;\nitem 3.2;\nitem 4.2;\nitem 12.\n(sec.16-ssec.1) Schedule 5 , part 2 states the standard terms for a rooming accommodation agreement to which this part applies.\n(sec.16-ssec.2) Schedule 5 , part 1 states the information (the rooming accommodation information ) about rooming accommodation that must be included in a rooming accommodation agreement.\n(sec.16-ssec.3) However, the rooming accommodation information mentioned in any of the following items of schedule 5 , part 1 is not required to be included in a rooming accommodation agreement— item 1.2; item 2.2; item 3.2; item 4.2; item 12.\n- (a) item 1.2;\n- (b) item 2.2;\n- (c) item 3.2;\n- (d) item 4.2;\n- (e) item 12.","sortOrder":24},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":25},{"sectionNumber":"sec.17","sectionType":"section","heading":"Order and numbering of provisions","content":"### sec.17 Order and numbering of provisions\n\nA document purporting to be a residential tenancy agreement or rooming accommodation agreement is taken not to include the standard terms or replacement terms if—\nthe 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\nthe 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\nthe tenancy information or rooming accommodation information for the agreement is not properly included in the document as part 1 of the agreement.\nHowever, 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.\nSubclauses 2(1) to (7) of the standard terms of a general tenancy agreement may be numbered as subclauses 2.1 to 2.7.\nIf 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.\nIf 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)’.\nIn this section—\nrelevant schedule means—\nfor a general tenancy agreement— schedule 1 , part 2 ; or\nfor a moveable dwelling tenancy agreement— schedule 2 , part 2 ; or\nfor a State tenancy agreement— schedule 3 , part 2 ; or\nfor a community housing provider tenancy agreement— schedule 4 , part 2 ; or\nfor a rooming accommodation agreement— schedule 5 , part 2 .\n(sec.17-ssec.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— 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 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 the tenancy information or rooming accommodation information for the agreement is not properly included in the document as part 1 of the agreement.\n(sec.17-ssec.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. Subclauses 2(1) to (7) of the standard terms of a general tenancy agreement may be numbered as subclauses 2.1 to 2.7.\n(sec.17-ssec.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. 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)’.\n(sec.17-ssec.4) In this section— relevant schedule means— for a general tenancy agreement— schedule 1 , part 2 ; or for a moveable dwelling tenancy agreement— schedule 2 , part 2 ; or for a State tenancy agreement— schedule 3 , part 2 ; or for a community housing provider tenancy agreement— schedule 4 , part 2 ; or for a rooming accommodation agreement— schedule 5 , part 2 .\n- (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\n- (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\n- (c) the tenancy information or rooming accommodation information for the agreement is not properly included in the document as part 1 of the agreement.\n- (a) for a general tenancy agreement— schedule 1 , part 2 ; or\n- (b) for a moveable dwelling tenancy agreement— schedule 2 , part 2 ; or\n- (c) for a State tenancy agreement— schedule 3 , part 2 ; or\n- (d) for a community housing provider tenancy agreement— schedule 4 , part 2 ; or\n- (e) for a rooming accommodation agreement— schedule 5 , part 2 .","sortOrder":26},{"sectionNumber":"pt.4","sectionType":"part","heading":"Minimum housing standards","content":"# Minimum housing standards","sortOrder":27},{"sectionNumber":"sec.18","sectionType":"section","heading":"Prescribed minimum housing standards— Act , s 17A","content":"### sec.18 Prescribed minimum housing standards— Act , s 17A\n\nFor section 17A of the Act , the standards stated in schedule 6 are the prescribed minimum housing standards for the following—\nresidential premises let, or to be let, under a residential tenancy agreement;\npremises in which rooming accommodation is, or is to be, provided;\ninclusions for premises mentioned in paragraphs (a) and (b) .\n- (a) residential premises let, or to be let, under a residential tenancy agreement;\n- (b) premises in which rooming accommodation is, or is to be, provided;\n- (c) inclusions for premises mentioned in paragraphs (a) and (b) .","sortOrder":28},{"sectionNumber":"pt.5","sectionType":"part","heading":"House rules","content":"# House rules","sortOrder":29},{"sectionNumber":"sec.19","sectionType":"section","heading":"House rules for rental premises— Act , s 267","content":"### sec.19 House rules for rental premises— Act , s 267\n\nFor section 267 (1) of the Act , schedule 7 states the house rules prescribed for rental premises.","sortOrder":30},{"sectionNumber":"pt.6","sectionType":"part","heading":"Goods left on premises","content":"# Goods left on premises","sortOrder":31},{"sectionNumber":"sec.20","sectionType":"section","heading":"Value of goods left on premises for sale or disposal by lessor— Act , s 363","content":"### sec.20 Value of goods left on premises for sale or disposal by lessor— Act , s 363\n\nFor section 363 (2) (a) of the Act , the amount prescribed is—\nif the goods relate to an agreement for premises for a site only in a moveable dwelling park—$5,000; or\notherwise—$2,500.\n- (a) if the goods relate to an agreement for premises for a site only in a moveable dwelling park—$5,000; or\n- (b) otherwise—$2,500.","sortOrder":32},{"sectionNumber":"sec.21","sectionType":"section","heading":"Storage period for goods left on premises— Act , s 363","content":"### sec.21 Storage period for goods left on premises— Act , s 363\n\nFor section 363 (3) of the Act , the period prescribed is—\nfor a caravan, its contents and other goods used in occupying the caravan—2 months; or\nfor other goods—1 month.\n- (a) for a caravan, its contents and other goods used in occupying the caravan—2 months; or\n- (b) for other goods—1 month.","sortOrder":33},{"sectionNumber":"sec.22","sectionType":"section","heading":"Procedures for selling goods by auction— Act , s 363","content":"### sec.22 Procedures for selling goods by auction— Act , s 363\n\nThis 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 .\nThe person must make reasonable efforts to contact the person entitled to the goods (the owner ) to give the owner notice of the auction.\nFor subsection (2) , reasonable efforts include the following—\nattempting to contact the owner by telephone, including text message, email or private message on a social media platform;\nattempting to contact an emergency contact listed on the owner’s former residential tenancy agreement;\npublishing a notice in an online newspaper for the city or State in which the owner is or was residing.\nIf, after making reasonable efforts to contact the owner under this section, the person is unable to contact the owner or the owner does not make a claim to possession of the goods, the person may sell the goods by auction.\n(sec.22-ssec.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 .\n(sec.22-ssec.2) The person must make reasonable efforts to contact the person entitled to the goods (the owner ) to give the owner notice of the auction.\n(sec.22-ssec.3) For subsection (2) , reasonable efforts include the following— attempting to contact the owner by telephone, including text message, email or private message on a social media platform; attempting to contact an emergency contact listed on the owner’s former residential tenancy agreement; publishing a notice in an online newspaper for the city or State in which the owner is or was residing.\n(sec.22-ssec.4) If, after making reasonable efforts to contact the owner under this section, the person is unable to contact the owner or the owner does not make a claim to possession of the goods, the person may sell the goods by auction.\n- (a) attempting to contact the owner by telephone, including text message, email or private message on a social media platform;\n- (b) attempting to contact an emergency contact listed on the owner’s former residential tenancy agreement;\n- (c) publishing a notice in an online newspaper for the city or State in which the owner is or was residing.","sortOrder":34},{"sectionNumber":"sec.23","sectionType":"section","heading":"Value for lost property left on premises for sale, disposal or donation by provider— Act , s 393","content":"### sec.23 Value for lost property left on premises for sale, disposal or donation by provider— Act , s 393\n\nFor section 393 (2) (b) of the Act , the amount prescribed is $250.\nFor section 393 (6) of the Act , the amount prescribed is $900.\ns 23 amd 2025 SL No. 129 s 24\n(sec.23-ssec.1) For section 393 (2) (b) of the Act , the amount prescribed is $250.\n(sec.23-ssec.2) For section 393 (6) of the Act , the amount prescribed is $900. s 23 amd 2025 SL No. 129 s 24","sortOrder":35},{"sectionNumber":"pt.7","sectionType":"part","heading":"Reasons for listing personal information in tenancy database","content":"# Reasons for listing personal information in tenancy database","sortOrder":36},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":37},{"sectionNumber":"sec.24","sectionType":"section","heading":"Purpose of part","content":"### sec.24 Purpose of part\n\nFor section 459 (1) (c) of the Act , this part prescribes 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 that has ended (the relevant agreement ), may be listed in a tenancy database.","sortOrder":38},{"sectionNumber":"sec.25","sectionType":"section","heading":"Amount owing for particular reasons","content":"### sec.25 Amount owing for particular reasons\n\nThis section applies to a reason stated in division 2 if the reason relates to an amount owed by the relevant tenant.\nThe reason applies only if the amount owed by the relevant tenant is more than the sum of—\nthe minimum prescribed amount; and\nthe amount stated for a tenancy guarantee, if any, applying to the relevant agreement.\nIn this section—\nminimum prescribed amount means—\nif the relevant tenant has paid the rental bond for the relevant agreement—the amount of the rental bond paid by the relevant tenant; or\notherwise—the amount of 1 week of rent under the relevant agreement.\ntenancy guarantee see section 180 (1) of the Act .\n(sec.25-ssec.1) This section applies to a reason stated in division 2 if the reason relates to an amount owed by the relevant tenant.\n(sec.25-ssec.2) The reason applies only if the amount owed by the relevant tenant is more than the sum of— the minimum prescribed amount; and the amount stated for a tenancy guarantee, if any, applying to the relevant agreement.\n(sec.25-ssec.3) In this section— minimum prescribed amount means— if the relevant tenant has paid the rental bond for the relevant agreement—the amount of the rental bond paid by the relevant tenant; or otherwise—the amount of 1 week of rent under the relevant agreement. tenancy guarantee see section 180 (1) of the Act .\n- (a) the minimum prescribed amount; and\n- (b) the amount stated for a tenancy guarantee, if any, applying to the relevant agreement.\n- (a) if the relevant tenant has paid the rental bond for the relevant agreement—the amount of the rental bond paid by the relevant tenant; or\n- (b) otherwise—the amount of 1 week of rent under the relevant agreement.","sortOrder":39},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Reasons","content":"## Reasons","sortOrder":40},{"sectionNumber":"sec.26","sectionType":"section","heading":"Unpaid rent","content":"### sec.26 Unpaid rent\n\nA reason for listing personal information about the relevant tenant in a tenancy database is—\nthe 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\nthe relevant tenant failed to comply with the notice within the allowed remedy period; and\nthe relevant tenant owes all or some of the amount to the lessor.\n- (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\n- (b) the relevant tenant failed to comply with the notice within the allowed remedy period; and\n- (c) the relevant tenant owes all or some of the amount to the lessor.","sortOrder":41},{"sectionNumber":"sec.27","sectionType":"section","heading":"Amount owing under a conciliation agreement or tribunal order","content":"### sec.27 Amount owing under a conciliation agreement or tribunal order\n\nA reason for listing personal information about the relevant tenant in a tenancy database is—\nthe relevant tenant owes an amount to the lessor under the relevant agreement, arising from the relevant agreement, that the relevant tenant—\nagreed to pay under a conciliation agreement; or\nwas ordered to pay by the tribunal; and\nthe time for paying the amount, under the conciliation agreement or an order of the tribunal, has passed.\n- (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 the tribunal; and\n- (i) agreed to pay under a conciliation agreement; or\n- (ii) was ordered to pay by the tribunal; and\n- (b) the time for paying the amount, under the conciliation agreement or an order of the tribunal, has passed.\n- (i) agreed to pay under a conciliation agreement; or\n- (ii) was ordered to pay by the tribunal; and","sortOrder":42},{"sectionNumber":"sec.28","sectionType":"section","heading":"Amount owing after abandonment","content":"### sec.28 Amount owing after abandonment\n\nA reason for listing personal information about the relevant tenant in a tenancy database is—\nthe relevant tenant abandoned the premises that were occupied under the relevant agreement; and\nthe relevant tenant owes an amount, under the relevant agreement, to the lessor under the relevant agreement.\nHowever, subsection (1) does not apply if the relevant tenant has made an application to the tribunal under section 356 of the Act that has not been finally dealt with.\n(sec.28-ssec.1) A reason for listing personal information about the relevant tenant in a tenancy database is— the relevant tenant abandoned the premises that were occupied under the relevant agreement; and the relevant tenant owes an amount, under the relevant agreement, to the lessor under the relevant agreement.\n(sec.28-ssec.2) However, subsection (1) does not apply if the relevant tenant has made an application to the tribunal under section 356 of the Act that has not been finally dealt with.\n- (a) the relevant tenant abandoned the premises that were occupied under the relevant agreement; and\n- (b) the relevant tenant owes an amount, under the relevant agreement, to the lessor under the relevant agreement.","sortOrder":43},{"sectionNumber":"sec.29","sectionType":"section","heading":"Objectionable behaviour","content":"### sec.29 Objectionable behaviour\n\nA reason for listing personal information about the relevant tenant in a tenancy database is that, on an application by the lessor under the relevant agreement, the tribunal has made a termination order for the relevant agreement under section 345 of the Act .","sortOrder":44},{"sectionNumber":"sec.30","sectionType":"section","heading":"Repeated breaches","content":"### sec.30 Repeated breaches\n\nA reason for listing personal information about the relevant tenant in a tenancy database is that, on an application by the lessor under the relevant agreement, the tribunal has made a termination order for the relevant agreement under section 347 of the Act .","sortOrder":45},{"sectionNumber":"pt.8","sectionType":"part","heading":"General provisions","content":"# General provisions","sortOrder":46},{"sectionNumber":"sec.31","sectionType":"section","heading":"Payment under person’s direction— Act , s 141","content":"### sec.31 Payment under person’s direction— Act , s 141\n\nFor section 141 (2) of the Act , a person is taken to have contributed to a rental bond if, after making reasonable inquiries, the authority is satisfied the person contributed to the rental bond.","sortOrder":47},{"sectionNumber":"sec.32","sectionType":"section","heading":"Water efficiency requirements— Act , s 166","content":"### sec.32 Water efficiency requirements— Act , s 166\n\nFor section 166 (11) of the Act , the following water efficiency requirements are prescribed—\nfor toilets—a dual flush toilet with—\na maximum water volume of 6.5L for a full flush and 3.5L for a half flush; and\nan average flush volume of not more than 4L;\nfor shower heads—a maximum flow rate of 9L a minute;\nfor internal cold water taps installed over a hand basin, kitchen sink or laundry trough—a maximum flow rate of 9L a minute.\nFor subsection (1) (a) (ii) , the average flush volume of a dual flush toilet is the volume worked out using the following formula—\nwhere—\nAV means the average flush volume.\nFF means the volume of water used for a full flush.\nHF means the volume of water used for a half flush.\nA toilet using 6L for a full flush and 3L for a half flush would have an average flush volume of 3.6L.\nIn this section—\nmaximum 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.\nmaximum 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.\n(sec.32-ssec.1) For section 166 (11) of the Act , the following water efficiency requirements are prescribed— for toilets—a dual flush toilet with— a maximum water volume of 6.5L for a full flush and 3.5L for a half flush; and an average flush volume of not more than 4L; for shower heads—a maximum flow rate of 9L a minute; for internal cold water taps installed over a hand basin, kitchen sink or laundry trough—a maximum flow rate of 9L a minute.\n(sec.32-ssec.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. A toilet using 6L for a full flush and 3L for a half flush would have an average flush volume of 3.6L.\n(sec.32-ssec.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.\n- (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;\n- (i) a maximum water volume of 6.5L for a full flush and 3.5L for a half flush; and\n- (ii) an average flush volume of not more than 4L;\n- (b) for shower heads—a maximum flow rate of 9L a minute;\n- (c) for internal cold water taps installed over a hand basin, kitchen sink or laundry trough—a maximum flow rate of 9L a minute.\n- (i) a maximum water volume of 6.5L for a full flush and 3.5L for a half flush; and\n- (ii) an average flush volume of not more than 4L;","sortOrder":48},{"sectionNumber":"sec.33","sectionType":"section","heading":"Proceedings in which lessor’s agent may stand in lessor’s place— Act , s 206","content":"### sec.33 Proceedings in which lessor’s agent may stand in lessor’s place— Act , s 206\n\nFor section 206 (1) (b) of the Act , any application a lessor or tenant may make to the tribunal is a prescribed proceeding.","sortOrder":49},{"sectionNumber":"sec.34","sectionType":"section","heading":"Maximum amount of lessor’s fee for sale or attempted sale of caravan— Act , s 241","content":"### sec.34 Maximum amount of lessor’s fee for sale or attempted sale of caravan— Act , s 241\n\nFor section 241 (2) of the Act , the amount prescribed is 4% of the sale price.\nFor subsection (1) , the sale price, in relation to an attempted sale, includes the price the caravan is advertised for sale.\n(sec.34-ssec.1) For section 241 (2) of the Act , the amount prescribed is 4% of the sale price.\n(sec.34-ssec.2) For subsection (1) , the sale price, in relation to an attempted sale, includes the price the caravan is advertised for sale.","sortOrder":50},{"sectionNumber":"sec.35","sectionType":"section","heading":"Proceedings in which provider’s agent may stand in provider’s place— Act , s 248","content":"### sec.35 Proceedings in which provider’s agent may stand in provider’s place— Act , s 248\n\nFor section 248 (1) (b) of the Act , any application a provider or resident may make to the tribunal is a prescribed proceeding.","sortOrder":51},{"sectionNumber":"sec.36","sectionType":"section","heading":"Prescribed period for repeated breaches— Act , ss 299 , 315 , 376 and 382","content":"### sec.36 Prescribed period for repeated breaches— Act , ss 299 , 315 , 376 and 382\n\nFor sections 299 (1) (e) , 315 (1) (e) , 376 (1) (e) and 382 (1) (e) of the Act , the period prescribed is 12 months.","sortOrder":52},{"sectionNumber":"sec.37","sectionType":"section","heading":"Supporting evidence— Act , ss 308B and 381B","content":"### sec.37 Supporting evidence— Act , ss 308B and 381B\n\nFor sections 308B (1) (b) and 381B (1) (b) of the Act , the following evidence is prescribed—\nany of the following orders, directions or notices under the Domestic and Family Violence Protection Act 2012 —\na protection order;\na temporary protection order;\na police protection direction;\na police protection notice;\nan interstate order;\nan injunction under the Family Law Act 1975 (Cwlth) , section 68B (1) (a) or (b) or 114 (1) (a) ;\na report, in the approved form, about domestic violence signed by any of the following entities—\na health practitioner;\na person who is eligible for membership, other than as a student, of the Australian Association of Social Workers Limited ACN 008 576 010;\na refuge or crisis worker;\na domestic and family violence support worker or case manager;\nan Aboriginal and Torres Strait Islander medical service;\na solicitor.\nIn this section—\nhealth 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—\nAboriginal and Torres Strait Islander health practice;\nmedical;\nmidwifery;\nnursing;\noccupational therapy;\npsychology.\ns 37 amd 2025 SL No. 129 s 25\n(sec.37-ssec.1) For sections 308B (1) (b) and 381B (1) (b) of the Act , the following evidence is prescribed— any of the following orders, directions or notices under the Domestic and Family Violence Protection Act 2012 — a protection order; a temporary protection order; a police protection direction; a police protection notice; an interstate order; an injunction under the Family Law Act 1975 (Cwlth) , section 68B (1) (a) or (b) or 114 (1) (a) ; a report, in the approved form, about domestic violence signed by any of the following entities— a health practitioner; a person who is eligible for membership, other than as a student, of the Australian Association of Social Workers Limited ACN 008 576 010; a refuge or crisis worker; a domestic and family violence support worker or case manager; an Aboriginal and Torres Strait Islander medical service; a solicitor.\n(sec.37-ssec.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— Aboriginal and Torres Strait Islander health practice; medical; midwifery; nursing; occupational therapy; psychology.\n- (a) any of the following orders, directions or notices under the Domestic and Family Violence Protection Act 2012 — (i) a protection order; (ii) a temporary protection order; (iii) a police protection direction; (iv) a police protection notice; (v) an interstate order;\n- (i) a protection order;\n- (ii) a temporary protection order;\n- (iii) a police protection direction;\n- (iv) a police protection notice;\n- (v) an interstate order;\n- (b) an injunction under the Family Law Act 1975 (Cwlth) , section 68B (1) (a) or (b) or 114 (1) (a) ;\n- (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, other than as a student, of the Australian Association of Social Workers Limited ACN 008 576 010; (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.\n- (i) a health practitioner;\n- (ii) a person who is eligible for membership, other than as a student, of the Australian Association of Social Workers Limited ACN 008 576 010;\n- (iii) a refuge or crisis worker;\n- (iv) a domestic and family violence support worker or case manager;\n- (v) an Aboriginal and Torres Strait Islander medical service;\n- (vi) a solicitor.\n- (i) a protection order;\n- (ii) a temporary protection order;\n- (iii) a police protection direction;\n- (iv) a police protection notice;\n- (v) an interstate order;\n- (i) a health practitioner;\n- (ii) a person who is eligible for membership, other than as a student, of the Australian Association of Social Workers Limited ACN 008 576 010;\n- (iii) a refuge or crisis worker;\n- (iv) a domestic and family violence support worker or case manager;\n- (v) an Aboriginal and Torres Strait Islander medical service;\n- (vi) a solicitor.\n- (a) Aboriginal and Torres Strait Islander health practice;\n- (b) medical;\n- (c) midwifery;\n- (d) nursing;\n- (e) occupational therapy;\n- (f) psychology.","sortOrder":53},{"sectionNumber":"sec.38","sectionType":"section","heading":"When a person is related to a director— Act , s 478","content":"### sec.38 When a person is related to a director— Act , s 478\n\nFor section 478 (1) (a) of the Act , a person is related to a director if any of the following applies—\nthe person is, or has been, the director’s spouse;\nthe person is the director’s child and is entirely or substantially dependent on the director;\nthe 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;\nthe 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.\n- (a) the person is, or has been, the director’s spouse;\n- (b) the person is the director’s child and is entirely or substantially dependent on the director;\n- (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;\n- (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.","sortOrder":54},{"sectionNumber":"sec.39","sectionType":"section","heading":"When a director is related to a person— Act , s 478","content":"### sec.39 When a director is related to a person— Act , s 478\n\nFor section 478 (3) of the Act , a director is related to a person if any of the following applies—\nthe director is, or has been, the person’s spouse;\nthe person is the director’s child and is entirely or substantially dependent on the director;\nthe 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;\nthe 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.\n- (a) the director is, or has been, the person’s spouse;\n- (b) the person is the director’s child and is entirely or substantially dependent on the director;\n- (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;\n- (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.","sortOrder":55},{"sectionNumber":"sec.40","sectionType":"section","heading":"When a person is related to relevant employee— Act , s 518","content":"### sec.40 When a person is related to relevant employee— Act , s 518\n\nFor section 518 (1) (a) of the Act , a person is related to a relevant employee if any of the following applies—\nthe person is, or has been, the employee’s spouse;\nthe person is the employee’s child and is entirely or substantially dependent on the employee;\nthe 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.\n- (a) the person is, or has been, the employee’s spouse;\n- (b) the person is the employee’s child and is entirely or substantially dependent on the employee;\n- (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.","sortOrder":56},{"sectionNumber":"pt.9","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":57},{"sectionNumber":"sec.41","sectionType":"section","heading":"Definition for part","content":"### sec.41 Definition for part\n\nIn this part—\nexpired regulation means the expired Residential Tenancies and Rooming Accommodation Regulation 2009 .","sortOrder":58},{"sectionNumber":"sec.42","sectionType":"section","heading":"Existing agreements","content":"### sec.42 Existing agreements\n\nThis section applies in relation to an existing agreement that, immediately before the commencement, properly included the standard terms or replacement terms under the expired regulation (the existing terms ).\nSee the expired regulation , section 11 for when a document purporting to be a residential tenancy agreement or rooming accommodation agreement was taken not to include the standard terms or replacement terms.\nThe existing terms are taken to be—\nfor an existing agreement that is a residential tenancy agreement, other than a community housing provider tenancy agreement—standard terms under section 55 of the Act ; or\nfor an existing agreement that is a community housing provider tenancy agreement—replacement terms under section 527C of the Act ; or\nfor an existing agreement that is a rooming accommodation agreement—standard terms under section 73 of the Act .\nSubsection (2) applies only to the extent the existing terms of the existing agreement are not inconsistent with the Act .\nSee sections 52 to 54 and 72 , 75 and 76 of the Act .\nSection 17 does not apply in relation to the existing agreement.\nIn this section—\nexisting agreement means—\na residential tenancy agreement in effect immediately before the commencement; or\na rooming accommodation agreement in effect immediately before the commencement.\n(sec.42-ssec.1) This section applies in relation to an existing agreement that, immediately before the commencement, properly included the standard terms or replacement terms under the expired regulation (the existing terms ). See the expired regulation , section 11 for when a document purporting to be a residential tenancy agreement or rooming accommodation agreement was taken not to include the standard terms or replacement terms.\n(sec.42-ssec.2) The existing terms are taken to be— for an existing agreement that is a residential tenancy agreement, other than a community housing provider tenancy agreement—standard terms under section 55 of the Act ; or for an existing agreement that is a community housing provider tenancy agreement—replacement terms under section 527C of the Act ; or for an existing agreement that is a rooming accommodation agreement—standard terms under section 73 of the Act .\n(sec.42-ssec.3) Subsection (2) applies only to the extent the existing terms of the existing agreement are not inconsistent with the Act . See sections 52 to 54 and 72 , 75 and 76 of the Act .\n(sec.42-ssec.4) Section 17 does not apply in relation to the existing agreement.\n(sec.42-ssec.5) In this section— existing agreement means— a residential tenancy agreement in effect immediately before the commencement; or a rooming accommodation agreement in effect immediately before the commencement.\n- (a) for an existing agreement that is a residential tenancy agreement, other than a community housing provider tenancy agreement—standard terms under section 55 of the Act ; or\n- (b) for an existing agreement that is a community housing provider tenancy agreement—replacement terms under section 527C of the Act ; or\n- (c) for an existing agreement that is a rooming accommodation agreement—standard terms under section 73 of the Act .\n- (a) a residential tenancy agreement in effect immediately before the commencement; or\n- (b) a rooming accommodation agreement in effect immediately before the commencement.","sortOrder":59},{"sectionNumber":"sec.43","sectionType":"section","heading":"Goods left on premises under agreement that ended before commencement","content":"### sec.43 Goods left on premises under agreement that ended before commencement\n\nThis section applies in relation to an agreement that ended before the commencement if goods that are not personal documents or money were left on the premises to which the agreement relates.\nThe amount prescribed by the expired regulation, section 26 continues to apply in relation to the goods as if this regulation had not been made.\nThe storage period prescribed by the expired regulation, section 28 continues to apply in relation to storage of the goods as if this regulation had not been made.\n(sec.43-ssec.1) This section applies in relation to an agreement that ended before the commencement if goods that are not personal documents or money were left on the premises to which the agreement relates.\n(sec.43-ssec.2) The amount prescribed by the expired regulation, section 26 continues to apply in relation to the goods as if this regulation had not been made.\n(sec.43-ssec.3) The storage period prescribed by the expired regulation, section 28 continues to apply in relation to storage of the goods as if this regulation had not been made.","sortOrder":60},{"sectionNumber":"sec.44","sectionType":"section","heading":"Lost property left by former resident of rental premises under agreement that ended before commencement","content":"### sec.44 Lost property left by former resident of rental premises under agreement that ended before commencement\n\nThis section applies in relation to a rooming accommodation agreement that ended before the commencement if lost property that is not a personal document or money was left at the rental premises to which the agreement relates.\nThe amount prescribed by the expired regulation, section 27(1) continues to apply in relation to the lost property as if this regulation had not been made.\nThe amount prescribed by the expired regulation, section 27(2) of continues to apply in relation to the lost property as if this regulation had not been made.\nIn this section—\nlost property see section 390 (b) of the Act .\n(sec.44-ssec.1) This section applies in relation to a rooming accommodation agreement that ended before the commencement if lost property that is not a personal document or money was left at the rental premises to which the agreement relates.\n(sec.44-ssec.2) The amount prescribed by the expired regulation, section 27(1) continues to apply in relation to the lost property as if this regulation had not been made.\n(sec.44-ssec.3) The amount prescribed by the expired regulation, section 27(2) of continues to apply in relation to the lost property as if this regulation had not been made.\n(sec.44-ssec.4) In this section— lost property see section 390 (b) of the Act .","sortOrder":61},{"sectionNumber":"sec.45","sectionType":"section","heading":"Existing prescribed house rules continued for 12 months","content":"### sec.45 Existing prescribed house rules continued for 12 months\n\nWithout limiting section 19 and schedule 7, the rules stated in the expired regulation, schedule 5 are taken to be, under section 267 (1) of the Act , house rules prescribed for rental premises for the transition period.\nIn this section—\ntransition period means the period—\nstarting on the commencement; and\nending on 31 August 2026 at the end of the day.\n(sec.45-ssec.1) Without limiting section 19 and schedule 7, the rules stated in the expired regulation, schedule 5 are taken to be, under section 267 (1) of the Act , house rules prescribed for rental premises for the transition period.\n(sec.45-ssec.2) In this section— transition period means the period— starting on the commencement; and ending on 31 August 2026 at the end of the day.\n- (a) starting on the commencement; and\n- (b) ending on 31 August 2026 at the end of the day.","sortOrder":62},{"sectionNumber":"sec.46","sectionType":"section","heading":"Sale of caravan under agreement entered into before commencement—prescribed maximum amount for service","content":"### sec.46 Sale of caravan under agreement entered into before commencement—prescribed maximum amount for service\n\nThis section applies if, immediately before the commencement, an agreement between a lessor and tenant was in force under section 241 of the Act for the payment of a fee for a service under that section.\nThe amount stated in the expired regulation, schedule 6 for the service continues to apply in relation to the agreement as if this regulation had not been made.\n(sec.46-ssec.1) This section applies if, immediately before the commencement, an agreement between a lessor and tenant was in force under section 241 of the Act for the payment of a fee for a service under that section.\n(sec.46-ssec.2) The amount stated in the expired regulation, schedule 6 for the service continues to apply in relation to the agreement as if this regulation had not been made.","sortOrder":63},{"sectionNumber":"sec.47","sectionType":"section","heading":"References to expired regulation","content":"### sec.47 References to expired regulation\n\nIn an instrument, a reference to the expired regulation may, if the context permits, be taken to be a reference to this regulation.","sortOrder":64},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Tenancy information","content":"# Tenancy information","sortOrder":65},{"sectionNumber":"sch.1-sec","sectionType":"section","heading":null,"content":"### Section sch.1-sec\n\nItem","sortOrder":66},{"sectionNumber":"sch.1-sec.1","sectionType":"section","heading":"Lessor","content":"### sch.1-sec.1 Lessor\n\nLessor’s name and address for service.\nAny other contact details for the lessor.\nItem 1.2 is optional.\n(sch.1-sec.1-ssec.1.1) Lessor’s name and address for service.\n(sch.1-sec.1-ssec.1.2) Any other contact details for the lessor. Item 1.2 is optional.","sortOrder":67},{"sectionNumber":"sch.1-sec.2","sectionType":"section","heading":"Tenant","content":"### sch.1-sec.2 Tenant\n\nTenant’s name and contact details.\nAn address for service (other than the address of the premises) or other contact details for service.\nItem 2.2 is optional. See clause 48(4).\nThe name, telephone number and email address of a person who is an emergency contact for the tenant.\n(sch.1-sec.2-ssec.2.1) Tenant’s name and contact details.\n(sch.1-sec.2-ssec.2.2) An address for service (other than the address of the premises) or other contact details for service. Item 2.2 is optional. See clause 48(4).\n(sch.1-sec.2-ssec.2.3) The name, telephone number and email address of a person who is an emergency contact for the tenant.","sortOrder":68},{"sectionNumber":"sch.1-sec.3","sectionType":"section","heading":"Lessor’s agent","content":"### sch.1-sec.3 Lessor’s agent\n\nIf the lessor has an agent, the agent’s name and address for service.\nAny other contact details for the lessor’s agent.\nItem 3.2 is optional.\n(sch.1-sec.3-ssec.3.1) If the lessor has an agent, the agent’s name and address for service.\n(sch.1-sec.3-ssec.3.2) Any other contact details for the lessor’s agent. Item 3.2 is optional.","sortOrder":69},{"sectionNumber":"sch.1-sec.4","sectionType":"section","heading":"Service of notices","content":"### sch.1-sec.4 Service of notices\n\nWhether a notice may be given to the lessor by electronic communication.\nWhether a notice may be given to the tenant by electronic communication.\nWhether a notice may be given to the lessor’s agent by electronic communication.\n(sch.1-sec.4-ssec.4.1) Whether a notice may be given to the lessor by electronic communication.\n(sch.1-sec.4-ssec.4.2) Whether a notice may be given to the tenant by electronic communication.\n(sch.1-sec.4-ssec.4.3) Whether a notice may be given to the lessor’s agent by electronic communication.","sortOrder":70},{"sectionNumber":"sch.1-sec.5","sectionType":"section","heading":"Premises","content":"### sch.1-sec.5 Premises\n\nThe address of the premises.\nAny inclusions for the premises.\nfurniture or other household goods let with the premises\nDetails of any repair orders applying to the premises or inclusions for the premises.\n(sch.1-sec.5-ssec.5.1) The address of the premises.\n(sch.1-sec.5-ssec.5.2) Any inclusions for the premises. furniture or other household goods let with the premises\n(sch.1-sec.5-ssec.5.3) Details of any repair orders applying to the premises or inclusions for the premises.","sortOrder":71},{"sectionNumber":"sch.1-sec.6","sectionType":"section","heading":"Term of agreement","content":"### sch.1-sec.6 Term of agreement\n\nWhether the agreement is a fixed term agreement or periodic agreement.\nThe day the agreement starts.\nSee clause 4(2).\nIf the agreement is a fixed term agreement, the day the agreement finishes.\n(sch.1-sec.6-ssec.6.1) Whether the agreement is a fixed term agreement or periodic agreement.\n(sch.1-sec.6-ssec.6.2) The day the agreement starts. See clause 4(2).\n(sch.1-sec.6-ssec.6.3) If the agreement is a fixed term agreement, the day the agreement finishes.","sortOrder":72},{"sectionNumber":"sch.1-sec.7","sectionType":"section","heading":"Rent—amount","content":"### sch.1-sec.7 Rent—amount\n\nThe amount of rent payable and whether it must be paid weekly, fortnightly or monthly.\nSee clause 8(1).","sortOrder":73},{"sectionNumber":"sch.1-sec.8","sectionType":"section","heading":"Rent—day of payment","content":"### sch.1-sec.8 Rent—day of payment\n\nThe day of each week, fortnight or month on which the rent must be paid.\nSee clause 8(2).","sortOrder":74},{"sectionNumber":"sch.1-sec.9","sectionType":"section","heading":"Rent—methods of payment","content":"### sch.1-sec.9 Rent—methods of payment\n\nThe ways for the tenant to pay the rent.\nUnder section 83 , there must be at least 2 ways. See also clause 8(3)(a).","sortOrder":75},{"sectionNumber":"sch.1-sec.10","sectionType":"section","heading":"Rent—place of payment","content":"### sch.1-sec.10 Rent—place of payment\n\nWhere the rent must be paid.\nItem 10 is optional. See clause 8(6) to (8).","sortOrder":76},{"sectionNumber":"sch.1-sec.11","sectionType":"section","heading":"Rent—day of last increase","content":"### sch.1-sec.11 Rent—day of last increase\n\nThe day the rent was last increased for the premises.","sortOrder":77},{"sectionNumber":"sch.1-sec.12","sectionType":"section","heading":"Rental bond","content":"### sch.1-sec.12 Rental bond\n\nThe amount of any rental bond.\nSee clause 13.","sortOrder":78},{"sectionNumber":"sch.1-sec.13","sectionType":"section","heading":"Services","content":"### sch.1-sec.13 Services\n\nAny services supplied to the premises, other than water, for which the tenant must pay.\nelectricity and gas\nSee clause 16.\nWhether the tenant must pay for water supplied to the premises.\nSee clause 17.\n(sch.1-sec.13-ssec.13.1) Any services supplied to the premises, other than water, for which the tenant must pay. electricity and gas See clause 16.\n(sch.1-sec.13-ssec.13.2) Whether the tenant must pay for water supplied to the premises. See clause 17.","sortOrder":79},{"sectionNumber":"sch.1-sec.14","sectionType":"section","heading":"Apportionment of charges","content":"### sch.1-sec.14 Apportionment of charges\n\nFor each service listed in item 13.1, other than a service for which the premises are individually metered, the apportionment of the cost of the service that the tenant must pay.\nthe tenant must pay a percentage of the total charge\nSee clause 16(c).","sortOrder":80},{"sectionNumber":"sch.1-sec.15","sectionType":"section","heading":"How services must be paid for","content":"### sch.1-sec.15 How services must be paid for\n\nFor each service listed in item 13.1, how the tenant must pay for the service.\nSee clause 16(d).","sortOrder":81},{"sectionNumber":"sch.1-sec.16","sectionType":"section","heading":"Number of occupants","content":"### sch.1-sec.16 Number of occupants\n\nThe number of persons allowed to reside at the premises.\nSee clause 22.","sortOrder":82},{"sectionNumber":"sch.1-sec.17","sectionType":"section","heading":"Body corporate by-laws","content":"### sch.1-sec.17 Body corporate by-laws\n\nWhether body corporate by-laws apply to the tenant’s occupation of the premises.\nWhether the tenant has been given a copy of the relevant by-laws.\nSee clause 23.\n(sch.1-sec.17-ssec.17.1) Whether body corporate by-laws apply to the tenant’s occupation of the premises.\n(sch.1-sec.17-ssec.17.2) Whether the tenant has been given a copy of the relevant by-laws. See clause 23.","sortOrder":83},{"sectionNumber":"sch.1-sec.18","sectionType":"section","heading":"Nominated repairers","content":"### sch.1-sec.18 Nominated repairers\n\nThe name and telephone number of the lessor’s nominated repairer for each of the following repairs—\nelectrical repairs;\nplumbing repairs;\nother repairs.\nWhether or not the nominated repairer is the tenant’s first point of contact for notifying of the need for emergency repairs.\nSee clause 31(4).\n(sch.1-sec.18-ssec.18.1) The name and telephone number of the lessor’s nominated repairer for each of the following repairs— electrical repairs; plumbing repairs; other repairs.\n(sch.1-sec.18-ssec.18.2) Whether or not the nominated repairer is the tenant’s first point of contact for notifying of the need for emergency repairs. See clause 31(4).\n- (a) electrical repairs;\n- (b) plumbing repairs;\n- (c) other repairs.","sortOrder":84},{"sectionNumber":"sch.1-sec.19","sectionType":"section","heading":"Pets","content":"### sch.1-sec.19 Pets\n\nThe type and number of any pets approved by the lessor to be kept at the premises.\nSee clauses 34 to 37.","sortOrder":85},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Standard terms","content":"# Standard terms","sortOrder":86},{"sectionNumber":"sch.1-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":87},{"sectionNumber":"sch.1-sec.1-oc.2","sectionType":"section","heading":"Interpretation","content":"### sch.1-sec.1-oc.2 Interpretation\n\nIn this agreement—\na reference to the premises includes a reference to any inclusions for the premises stated in item 5.2; and\na reference to a numbered section is a reference to the section in the Residential Tenancies and Rooming Accommodation Act 2008 ( the Act ) with that number; and\na reference to a numbered item is a reference to the item with that number in part 1 of this agreement; and\na reference to a numbered clause is a reference to the clause of this agreement with that number.\n- (a) a reference to the premises includes a reference to any inclusions for the premises stated in item 5.2; and\n- (b) a reference to a numbered section is a reference to the section in the Residential Tenancies and Rooming Accommodation Act 2008 ( the Act ) with that number; and\n- (c) a reference to a numbered item is a reference to the item with that number in part 1 of this agreement; and\n- (d) a reference to a numbered clause is a reference to the clause of this agreement with that number.","sortOrder":88},{"sectionNumber":"sch.1-sec.2-oc.2","sectionType":"section","heading":"Terms of general tenancy agreement— ss 52 and 54 – 56","content":"### sch.1-sec.2-oc.2 Terms of general tenancy agreement— ss 52 and 54 – 56\n\nThis part states, under section 55 , the standard terms of a general tenancy agreement.\nThe Act also imposes duties on, and gives entitlements to, the lessor and tenant that are taken to be included as terms of this agreement.\nThe lessor and tenant may agree on other terms of this agreement ( special terms ).\nA duty or entitlement under the Act overrides a standard term or special term if the term is inconsistent with the duty or entitlement.\nA standard term overrides a special term if they are inconsistent.\nAny body corporate by-laws that apply to the occupation of the premises by the tenant, for the time being in force, are taken to be terms of this agreement.\nA breach of this agreement may also be an offence under the Act .\nIt is an offence for the lessor or lessor’s agent to enter the premises in contravention of the rules of entry under sections 192 to 199 .\nIt is an offence if the tenant does not sign and return the condition report to the lessor or lessor’s agent under section 65 .\n(sch.1-sec.2-oc.2-ssec.1) This part states, under section 55 , the standard terms of a general tenancy agreement.\n(sch.1-sec.2-oc.2-ssec.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.\n(sch.1-sec.2-oc.2-ssec.3) The lessor and tenant may agree on other terms of this agreement ( special terms ).\n(sch.1-sec.2-oc.2-ssec.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.\n(sch.1-sec.2-oc.2-ssec.5) A standard term overrides a special term if they are inconsistent.\n(sch.1-sec.2-oc.2-ssec.6) Any body corporate by-laws that apply to the occupation of the premises by the tenant, for the time being in force, are taken to be terms of this agreement.\n(sch.1-sec.2-oc.2-ssec.7) A breach of this agreement may also be an offence under the Act . It is an offence for the lessor or lessor’s agent to enter the premises in contravention of the rules of entry under sections 192 to 199 . It is an offence if the tenant does not sign and return the condition report to the lessor or lessor’s agent under section 65 .\n- 1 It is an offence for the lessor or lessor’s agent to enter the premises in contravention of the rules of entry under sections 192 to 199 .\n- 2 It is an offence if the tenant does not sign and return the condition report to the lessor or lessor’s agent under section 65 .","sortOrder":89},{"sectionNumber":"sch.1-sec.3-oc.2","sectionType":"section","heading":"More than 1 lessor or tenant","content":"### sch.1-sec.3-oc.2 More than 1 lessor or tenant\n\nThis clause applies if more than 1 person is named in item 1 or 2.\nEach lessor named in item 1 must perform all of the lessor’s obligations under this agreement.\nEach tenant named in item 2—\nholds their interest in the tenancy—\nif a special term states the tenants are joint tenants—as a joint tenant; or\notherwise—as a tenant in common; and\nmust perform all of the tenant’s obligations under this agreement.\n(sch.1-sec.3-oc.2-ssec.1) This clause applies if more than 1 person is named in item 1 or 2.\n(sch.1-sec.3-oc.2-ssec.2) Each lessor named in item 1 must perform all of the lessor’s obligations under this agreement.\n(sch.1-sec.3-oc.2-ssec.3) Each tenant named in item 2— holds their interest in the tenancy— if a special term states the tenants are joint tenants—as a joint tenant; or otherwise—as a tenant in common; and must perform all of the tenant’s obligations under this agreement.\n- (a) holds their interest in the tenancy— (i) if a special term states the tenants are joint tenants—as a joint tenant; or (ii) otherwise—as a tenant in common; and\n- (i) if a special term states the tenants are joint tenants—as a joint tenant; or\n- (ii) otherwise—as a tenant in common; and\n- (b) must perform all of the tenant’s obligations under this agreement.\n- (i) if a special term states the tenants are joint tenants—as a joint tenant; or\n- (ii) otherwise—as a tenant in common; and","sortOrder":90},{"sectionNumber":"sch.1-pt.2-div.2","sectionType":"division","heading":"Entering tenancy","content":"## Entering tenancy","sortOrder":91},{"sectionNumber":"sch.1-sec.4-oc.2","sectionType":"section","heading":"Start of tenancy","content":"### sch.1-sec.4-oc.2 Start of tenancy\n\nThe tenancy starts on the day stated in item 6.2.\nHowever, 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.\n(sch.1-sec.4-oc.2-ssec.1) The tenancy starts on the day stated in item 6.2.\n(sch.1-sec.4-oc.2-ssec.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.","sortOrder":92},{"sectionNumber":"sch.1-sec.5-oc.2","sectionType":"section","heading":"Entry condition report— s 65","content":"### sch.1-sec.5-oc.2 Entry condition report— s 65\n\nThe lessor or lessor’s agent must prepare, in the approved form, and sign a condition report for the premises.\nA copy of the condition report must be given to the tenant on or before the day the tenant occupies the premises under this agreement.\nIf the tenant does not agree with the condition report, the tenant must mark the copy of the report in an appropriate way to show the parts the tenant disagrees with.\nThe tenant must sign and return the copy of the condition report to the lessor or lessor’s agent no later than 7 days after the later of the following days—\nthe day the tenant occupies the premises;\nthe day the tenant is given the copy of the condition report.\nAfter the copy of the condition report is returned to the lessor or lessor’s agent by the tenant, the lessor or lessor’s agent must make a copy of the condition report and return it to the tenant within 14 days.\nHowever, the lessor or lessor’s agent does not have to prepare a condition report for the premises if—\nthis agreement has the effect of continuing the tenant’s right to occupy the premises under an earlier residential tenancy agreement; and\nin accordance with the Act , a condition report was prepared for the premises for the earlier residential tenancy agreement.\nIf a condition report is not prepared for this agreement because subclause (6) applies, the condition report prepared for the earlier residential tenancy agreement is taken to be the condition report for this agreement.\n(sch.1-sec.5-oc.2-ssec.1) The lessor or lessor’s agent must prepare, in the approved form, and sign a condition report for the premises.\n(sch.1-sec.5-oc.2-ssec.2) A copy of the condition report must be given to the tenant on or before the day the tenant occupies the premises under this agreement.\n(sch.1-sec.5-oc.2-ssec.3) If the tenant does not agree with the condition report, the tenant must mark the copy of the report in an appropriate way to show the parts the tenant disagrees with.\n(sch.1-sec.5-oc.2-ssec.4) The tenant must sign and return the copy of the condition report to the lessor or lessor’s agent no later than 7 days after the later of the following days— the day the tenant occupies the premises; the day the tenant is given the copy of the condition report.\n(sch.1-sec.5-oc.2-ssec.5) After the copy of the condition report is returned to the lessor or lessor’s agent by the tenant, the lessor or lessor’s agent must make a copy of the condition report and return it to the tenant within 14 days.\n(sch.1-sec.5-oc.2-ssec.6) However, the lessor or lessor’s agent does not have to prepare a condition report for the premises if— this agreement has the effect of continuing the tenant’s right to occupy the premises under an earlier residential tenancy agreement; and in accordance with the Act , a condition report was prepared for the premises for the earlier residential tenancy agreement.\n(sch.1-sec.5-oc.2-ssec.7) If a condition report is not prepared for this agreement because subclause (6) applies, the condition report prepared for the earlier residential tenancy agreement is taken to be the condition report for this agreement.\n- (a) the day the tenant occupies the premises;\n- (b) the day the tenant is given the copy of the condition report.\n- (a) this agreement has the effect of continuing the tenant’s right to occupy the premises under an earlier residential tenancy agreement; and\n- (b) in accordance with the Act , a condition report was prepared for the premises for the earlier residential tenancy agreement.","sortOrder":93},{"sectionNumber":"sch.1-sec.6-oc.2","sectionType":"section","heading":"Continuation of fixed term agreement— s 70","content":"### sch.1-sec.6-oc.2 Continuation of fixed term agreement— s 70\n\nThis clause applies if—\nthis agreement is a fixed term agreement; and\nnone of the following notices are given, or agreements or applications made, before the day the term ends (the end day )—\na notice to leave;\na notice of intention to leave;\nan abandonment termination notice;\na notice, agreement or application relating to the death of a sole tenant under section 324A ;\na separate written agreement between the lessor and tenant under section 277 (a) to end this agreement.\nThis 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.\nFor more information about certain notices, see the information statement.\n(sch.1-sec.6-oc.2-ssec.1) This clause applies if— this agreement is a fixed term agreement; and none of the following notices are given, or agreements or applications made, before the day the term ends (the end day )— a notice to leave; a notice of intention to leave; an abandonment termination notice; a notice, agreement or application relating to the death of a sole tenant under section 324A ; a separate written agreement between the lessor and tenant under section 277 (a) to end this agreement.\n(sch.1-sec.6-oc.2-ssec.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. For more information about certain notices, see the information statement.\n- (a) this agreement is a fixed term agreement; and\n- (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 324A ; (v) a separate written agreement between the lessor and tenant under section 277 (a) to end this agreement.\n- (i) a notice to leave;\n- (ii) a notice of intention to leave;\n- (iii) an abandonment termination notice;\n- (iv) a notice, agreement or application relating to the death of a sole tenant under section 324A ;\n- (v) a separate written agreement between the lessor and tenant under section 277 (a) to end this agreement.\n- (i) a notice to leave;\n- (ii) a notice of intention to leave;\n- (iii) an abandonment termination notice;\n- (iv) a notice, agreement or application relating to the death of a sole tenant under section 324A ;\n- (v) a separate written agreement between the lessor and tenant under section 277 (a) to end this agreement.","sortOrder":94},{"sectionNumber":"sch.1-sec.7-oc.2","sectionType":"section","heading":"Costs apply to early ending of fixed term agreement— s 357A","content":"### sch.1-sec.7-oc.2 Costs apply to early ending of fixed term agreement— s 357A\n\nThis clause applies if—\nthis agreement is a fixed term agreement; and\nthe tenant ends this agreement before the term ends other than in a way permitted under the Act .\nThe tenant must pay the reletting costs under section 357A (3) .\nFor when the tenant may end this agreement early, see clause 40 and the information statement.\nThis clause does not apply if, after experiencing domestic violence, the tenant ends the tenant’s interest in this agreement under chapter 5 , part 1 , division 3 , subdivision 2A of the Act .\n(sch.1-sec.7-oc.2-ssec.1) This clause applies if— this agreement is a fixed term agreement; and the tenant ends this agreement before the term ends other than in a way permitted under the Act .\n(sch.1-sec.7-oc.2-ssec.2) The tenant must pay the reletting costs under section 357A (3) . For when the tenant may end this agreement early, see clause 40 and the information statement.\n(sch.1-sec.7-oc.2-ssec.3) This clause does not apply if, after experiencing domestic violence, the tenant ends the tenant’s interest in this agreement under chapter 5 , part 1 , division 3 , subdivision 2A of the Act .\n- (a) this agreement is a fixed term agreement; and\n- (b) the tenant ends this agreement before the term ends other than in a way permitted under the Act .","sortOrder":95},{"sectionNumber":"sch.1-pt.2-div.3","sectionType":"division","heading":"Rent","content":"## Rent","sortOrder":96},{"sectionNumber":"sch.1-sec.8-oc.2","sectionType":"section","heading":"When, how and where rent must be paid— ss 83 – 85","content":"### sch.1-sec.8-oc.2 When, how and where rent must be paid— ss 83 – 85\n\nThe tenant must pay the rent stated in item 7.\nThe rent must be paid on the days stated in item 8.\nThe rent must be paid—\nin a way stated in item 9; or\nUnder section 83 , at least 2 ways for the tenant to pay the rent must be stated in this agreement.\nin a way agreed after the signing of this agreement by—\nthe lessor or tenant giving the other party a notice proposing a way; and\nthe other party agreeing to the proposal in writing; or\nif the lessor or lessor’s agent intends to change the way rent is paid to a way that is not stated in item 9 and no way is agreed to after the signing of this agreement—in a way the lessor or lessor’s agent proposes by notice to the tenant under section 84A .\nThe lessor or lessor’s agent must give the tenant a notice advising of the costs associated with the ways to pay rent offered to the tenant that the tenant would not reasonably be aware of if the lessor or lessor’s agent knows or could reasonably be expected to find out about the costs.\nAlso, the lessor or lessor’s agent must declare any financial benefit the lessor or lessor’s agent may receive if the tenant uses a particular way to pay rent.\nIf a place is stated in item 10, the rent must be paid at the place.\nIf, after the signing of this agreement, the lessor gives a notice to the tenant stating a place, or a different place, for payment of rent and the place is reasonable, the rent must be paid at the place while the notice is in force.\nIf no place is stated in item 10 and there is no notice stating a place, the rent must be paid at an appropriate place.\nthe lessor’s address for service\nthe office of the lessor’s agent\n(sch.1-sec.8-oc.2-ssec.1) The tenant must pay the rent stated in item 7.\n(sch.1-sec.8-oc.2-ssec.2) The rent must be paid on the days stated in item 8.\n(sch.1-sec.8-oc.2-ssec.3) The rent must be paid— in a way stated in item 9; or Under section 83 , at least 2 ways for the tenant to pay the rent must be stated in this agreement. in a way agreed after the signing of this agreement by— the lessor or tenant giving the other party a notice proposing a way; and the other party agreeing to the proposal in writing; or if the lessor or lessor’s agent intends to change the way rent is paid to a way that is not stated in item 9 and no way is agreed to after the signing of this agreement—in a way the lessor or lessor’s agent proposes by notice to the tenant under section 84A .\n(sch.1-sec.8-oc.2-ssec.4) The lessor or lessor’s agent must give the tenant a notice advising of the costs associated with the ways to pay rent offered to the tenant that the tenant would not reasonably be aware of if the lessor or lessor’s agent knows or could reasonably be expected to find out about the costs.\n(sch.1-sec.8-oc.2-ssec.5) Also, the lessor or lessor’s agent must declare any financial benefit the lessor or lessor’s agent may receive if the tenant uses a particular way to pay rent.\n(sch.1-sec.8-oc.2-ssec.6) If a place is stated in item 10, the rent must be paid at the place.\n(sch.1-sec.8-oc.2-ssec.7) If, after the signing of this agreement, the lessor gives a notice to the tenant stating a place, or a different place, for payment of rent and the place is reasonable, the rent must be paid at the place while the notice is in force.\n(sch.1-sec.8-oc.2-ssec.8) If no place is stated in item 10 and there is no notice stating a place, the rent must be paid at an appropriate place. the lessor’s address for service the office of the lessor’s agent\n- (a) in a way stated in item 9; or Note— Under section 83 , at least 2 ways for the tenant to pay the rent must be stated in this agreement.\n- (b) in a way agreed after the signing of this agreement by— (i) the lessor or tenant giving the other party a notice proposing a way; and (ii) the other party agreeing to the proposal in writing; or\n- (i) the lessor or tenant giving the other party a notice proposing a way; and\n- (ii) the other party agreeing to the proposal in writing; or\n- (c) if the lessor or lessor’s agent intends to change the way rent is paid to a way that is not stated in item 9 and no way is agreed to after the signing of this agreement—in a way the lessor or lessor’s agent proposes by notice to the tenant under section 84A .\n- (i) the lessor or tenant giving the other party a notice proposing a way; and\n- (ii) the other party agreeing to the proposal in writing; or\n- • the lessor’s address for service\n- • the office of the lessor’s agent","sortOrder":97},{"sectionNumber":"sch.1-sec.9-oc.2","sectionType":"section","heading":"Rent in advance— s 87","content":"### sch.1-sec.9-oc.2 Rent in advance— s 87\n\nThe lessor or lessor’s agent may require the tenant to pay rent in advance only if the payment is not more than—\nfor a periodic agreement—2 weeks rent; or\nfor a fixed term agreement—1 month rent.\nUnder section 87 (2) , the lessor or lessor’s agent must not require payment of rent under this agreement in a period for which rent has already been paid.\n- (a) for a periodic agreement—2 weeks rent; or\n- (b) for a fixed term agreement—1 month rent.","sortOrder":98},{"sectionNumber":"sch.1-sec.10-oc.2","sectionType":"section","heading":"Rent increases— ss 91 and 93","content":"### sch.1-sec.10-oc.2 Rent increases— ss 91 and 93\n\nIf the lessor proposes to increase the rent, the lessor must give notice of the proposal to the tenant.\nThe notice must state—\nthe amount of the increased rent; and\nthe day from when the rent is payable; and\nthe day the rent was last increased for the premises.\nThe day from when the increased rent is payable must not be earlier than the later of the following—\n2 months after the day the notice is given;\n12 months after the last rent increase for the premises in accordance with section 93 .\nSubject to an order of the tribunal, the increased rent is payable from the day stated in the notice, and this agreement is taken to be amended accordingly.\nHowever, the increased rent is payable by the tenant only if—\nthe rent is increased in compliance with this clause and the Act ; and\nthe increased rent is not payable earlier than 12 months after the last rent increase for the premises in accordance with section 93 ; and\nthe increase in rent does not relate to—\ncompliance of the premises with the prescribed minimum housing standards; or\nkeeping a pet or working dog at the premises.\nAlso, if this agreement is a fixed term agreement, the rent may not be increased before the term ends unless—\nthis agreement provides for the rent increase; and\nthis agreement states the amount of the increase or how the amount of the increase is to be worked out: and\nthe increase is made in compliance with the matters mentioned in paragraph (b) .\n(sch.1-sec.10-oc.2-ssec.1) If the lessor proposes to increase the rent, the lessor must give notice of the proposal to the tenant.\n(sch.1-sec.10-oc.2-ssec.2) The notice must state— the amount of the increased rent; and the day from when the rent is payable; and the day the rent was last increased for the premises.\n(sch.1-sec.10-oc.2-ssec.3) The day from when the increased rent is payable must not be earlier than the later of the following— 2 months after the day the notice is given; 12 months after the last rent increase for the premises in accordance with section 93 .\n(sch.1-sec.10-oc.2-ssec.4) Subject to an order of the tribunal, the increased rent is payable from the day stated in the notice, and this agreement is taken to be amended accordingly.\n(sch.1-sec.10-oc.2-ssec.5) However, the increased rent is payable by the tenant only if— the rent is increased in compliance with this clause and the Act ; and the increased rent is not payable earlier than 12 months after the last rent increase for the premises in accordance with section 93 ; and the increase in rent does not relate to— compliance of the premises with the prescribed minimum housing standards; or keeping a pet or working dog at the premises.\n(sch.1-sec.10-oc.2-ssec.6) Also, if this agreement is a fixed term agreement, the rent may not be increased before the term ends unless— this agreement provides for the rent increase; and this agreement states the amount of the increase or how the amount of the increase is to be worked out: and the increase is made in compliance with the matters mentioned in paragraph (b) .\n- (a) the amount of the increased rent; and\n- (b) the day from when the rent is payable; and\n- (c) the day the rent was last increased for the premises.\n- (a) 2 months after the day the notice is given;\n- (b) 12 months after the last rent increase for the premises in accordance with section 93 .\n- (a) the rent is increased in compliance with this clause and the Act ; and\n- (b) the increased rent is not payable earlier than 12 months after the last rent increase for the premises in accordance with section 93 ; and\n- (c) the increase in rent does not relate to— (i) compliance of the premises with the prescribed minimum housing standards; or (ii) keeping a pet or working dog at the premises.\n- (i) compliance of the premises with the prescribed minimum housing standards; or\n- (ii) keeping a pet or working dog at the premises.\n- (i) compliance of the premises with the prescribed minimum housing standards; or\n- (ii) keeping a pet or working dog at the premises.\n- (a) this agreement provides for the rent increase; and\n- (b) this agreement states the amount of the increase or how the amount of the increase is to be worked out: and\n- (c) the increase is made in compliance with the matters mentioned in paragraph (b) .","sortOrder":99},{"sectionNumber":"sch.1-sec.11-oc.2","sectionType":"section","heading":"Application to tribunal about rent increase— s 92","content":"### sch.1-sec.11-oc.2 Application to tribunal about rent increase— s 92\n\nAfter the lessor gives the tenant notice of a proposed rent increase, the tenant may apply to the tribunal for an order reducing or setting aside the amount of the proposed increase if the tenant believes the increase—\nis excessive; or\nis not payable under clause 10.\nHowever, the application must be made—\nwithin 30 days after the tenant receives the notice; and\nif this agreement is a fixed term agreement—before the term of this agreement ends.\n(sch.1-sec.11-oc.2-ssec.1) After the lessor gives the tenant notice of a proposed rent increase, the tenant may apply to the tribunal for an order reducing or setting aside the amount of the proposed increase if the tenant believes the increase— is excessive; or is not payable under clause 10.\n(sch.1-sec.11-oc.2-ssec.2) However, the application must be made— within 30 days after the tenant receives the notice; and if this agreement is a fixed term agreement—before the term of this agreement ends.\n- (a) is excessive; or\n- (b) is not payable under clause 10.\n- (a) within 30 days after the tenant receives the notice; and\n- (b) if this agreement is a fixed term agreement—before the term of this agreement ends.","sortOrder":100},{"sectionNumber":"sch.1-sec.12-oc.2","sectionType":"section","heading":"Rent decreases— s 94","content":"### sch.1-sec.12-oc.2 Rent decreases— s 94\n\nUnder section 94 , the rent may decrease in certain situations.\nFor information about the situations, see the information statement.","sortOrder":101},{"sectionNumber":"sch.1-pt.2-div.4","sectionType":"division","heading":"Rental bond","content":"## Rental bond","sortOrder":102},{"sectionNumber":"sch.1-sec.13-oc.2","sectionType":"section","heading":"Rental bond required— ss 111 and 116","content":"### sch.1-sec.13-oc.2 Rental bond required— ss 111 and 116\n\nIf a rental bond is stated in item 12, the tenant must pay to the lessor or lessor’s agent the bond—\nif a special term requires the bond to be paid at a stated time—at the stated time; or\nif a special term requires the bond to be paid by instalments—by instalments; or\notherwise—when the tenant signs this agreement.\nThere is a maximum rental bond that may be required. See sections 112 (1) and 146 and the information statement.\nThe lessor or lessor’s agent must, within 10 days of receiving the rental 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.\nThe rental bond is intended to be available to financially protect the lessor if the tenant breaches this agreement.\nThe lessor may claim against the rental bond if the tenant does not leave the premises in the required condition at the end of the tenancy.\nFor how to apply to the authority or tribunal for the rental bond at the end of the tenancy, see sections 125 to 141 and the information statement.\n(sch.1-sec.13-oc.2-ssec.1) If a rental bond is stated in item 12, the tenant must pay to the lessor or lessor’s agent the bond— if a special term requires the bond to be paid at a stated time—at the stated time; or if a special term requires the bond to be paid by instalments—by instalments; or otherwise—when the tenant signs this agreement. There is a maximum rental bond that may be required. See sections 112 (1) and 146 and the information statement.\n(sch.1-sec.13-oc.2-ssec.2) The lessor or lessor’s agent must, within 10 days of receiving the rental 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.\n(sch.1-sec.13-oc.2-ssec.3) The rental bond is intended to be available to financially protect the lessor if the tenant breaches this agreement. The lessor may claim against the rental bond if the tenant does not leave the premises in the required condition at the end of the tenancy. For how to apply to the authority or tribunal for the rental bond at the end of the tenancy, see sections 125 to 141 and the information statement.\n- (a) if a special term requires the bond to be paid at a stated time—at the stated time; or\n- (b) if a special term requires the bond to be paid by instalments—by instalments; or\n- (c) otherwise—when the tenant signs this agreement.","sortOrder":103},{"sectionNumber":"sch.1-sec.14-oc.2","sectionType":"section","heading":"Increase in rental bond— s 154","content":"### sch.1-sec.14-oc.2 Increase in rental bond— s 154\n\nThe tenant must increase the rental bond if—\nthe rent increases and the lessor gives notice to the tenant to increase the bond; and\nthe notice is given at least 11 months after—\nthis agreement started; or\nif the bond has been increased previously, following a notice given under this clause—the day stated in the notice, or the last notice, for making the increase.\nThe notice must state the increased amount and the day by which the increase must be made.\nFor subclause (2), the day must be at least 1 month after the notice is given to the tenant.\n(sch.1-sec.14-oc.2-ssec.1) The tenant must increase the rental bond if— the rent increases and the lessor gives notice to the tenant to increase the bond; and the notice is given at least 11 months after— this agreement started; or if the bond has been increased previously, following a notice given under this clause—the day stated in the notice, or the last notice, for making the increase.\n(sch.1-sec.14-oc.2-ssec.2) The notice must state the increased amount and the day by which the increase must be made.\n(sch.1-sec.14-oc.2-ssec.3) For subclause (2), the day must be at least 1 month after the notice is given to the tenant.\n- (a) the rent increases and the lessor gives notice to the tenant to increase the bond; and\n- (b) the notice is given at least 11 months after— (i) this agreement started; or (ii) if the bond has been increased previously, following a notice given under this clause—the day stated in the notice, or the last notice, for making the increase.\n- (i) this agreement started; or\n- (ii) if the bond has been increased previously, following a notice given under this clause—the day stated in the notice, or the last notice, for making the increase.\n- (i) this agreement started; or\n- (ii) if the bond has been increased previously, following a notice given under this clause—the day stated in the notice, or the last notice, for making the increase.","sortOrder":104},{"sectionNumber":"sch.1-pt.2-div.5","sectionType":"division","heading":"Outgoings","content":"## Outgoings","sortOrder":105},{"sectionNumber":"sch.1-sec.15-oc.2","sectionType":"section","heading":"Outgoings— s 163","content":"### sch.1-sec.15-oc.2 Outgoings— s 163\n\nThe lessor must pay all charges, levies, premiums, rates or taxes for the premises, other than a service charge for the premises.\nbody corporate levies, council general rates, sewerage charges, environment levies, land tax\nThis clause does not apply if—\nthe lessor is the State; and\nrent is not payable under this agreement; and\nthe tenant is an entity receiving financial or other assistance from the State to supply rented accommodation to persons.\n(sch.1-sec.15-oc.2-ssec.1) The lessor must pay all charges, levies, premiums, rates or taxes for the premises, other than a service charge for the premises. body corporate levies, council general rates, sewerage charges, environment levies, land tax\n(sch.1-sec.15-oc.2-ssec.2) This clause does not apply if— the lessor is the State; and rent is not payable under this agreement; and the tenant is an entity receiving financial or other assistance from the State to supply rented accommodation to persons.\n- (a) the lessor is the State; and\n- (b) rent is not payable under this agreement; and\n- (c) the tenant is an entity receiving financial or other assistance from the State to supply rented accommodation to persons.","sortOrder":106},{"sectionNumber":"sch.1-sec.16-oc.2","sectionType":"section","heading":"General service charges— ss 164 and 165","content":"### sch.1-sec.16-oc.2 General service charges— ss 164 and 165\n\nThe tenant must pay a service charge, other than a water service charge, for a service supplied to the premises during the tenancy if—\nthe tenant enjoys or shares the benefit of the service; and\nthe service is stated in item 13.1; and\neither—\nthe premises are individually metered for the service; or\nitem 14 states how the tenant’s apportionment of the cost of the service is to be worked out; and\nitem 15 states how the charge may be recovered by the lessor from the tenant.\nSection 165 (3) limits the amount the tenant must pay.\n- (a) the tenant enjoys or shares the benefit of the service; and\n- (b) the service is stated in item 13.1; and\n- (c) either— (i) the premises are individually metered for the service; or (ii) item 14 states how the tenant’s apportionment of the cost of the service is to be worked out; and\n- (i) the premises are individually metered for the service; or\n- (ii) item 14 states how the tenant’s apportionment of the cost of the service is to be worked out; and\n- (d) item 15 states how the charge may be recovered by the lessor from the tenant.\n- (i) the premises are individually metered for the service; or\n- (ii) item 14 states how the tenant’s apportionment of the cost of the service is to be worked out; and","sortOrder":107},{"sectionNumber":"sch.1-sec.17-oc.2","sectionType":"section","heading":"Water service charges— ss 164 , 166 and 166A","content":"### sch.1-sec.17-oc.2 Water service charges— ss 164 , 166 and 166A\n\nThe tenant must pay an amount for the water consumption charges for the premises if—\nthe tenant is enjoying or sharing the benefit of a water service to the premises; and\nthe premises are individually metered for the supply of water or water is supplied to the premises by delivery by means of a vehicle; and\nitem 13.2 states that the tenant must pay for water supplied to the premises.\nHowever, the tenant does not have to pay an amount—\nthat is more than the amount of the water consumption charges payable to the relevant water supplier; or\nthat is a fixed charge for the water service to the premises.\nAlso, 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 .\nIn 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) .\nThe lessor must give the tenant copies of water consumption charges documents within 4 weeks after the lessor receives the documents.\nThe tenant must pay the amount of the water consumption charge to the lessor within 4 weeks after the lessor gives the tenant copies of the water consumption charges documents about the incurring of the amount.\nThe tenant is not required to pay an amount for the water consumption charges if the tenant has not received a copy of the water consumption charges document about the amount payable to the relevant water supplier.\nSubclause (9) applies if water consumption charges are payable for a period that includes part but not all of a period specified, or to be specified, in a water consumption charges document.\nThe tenant may be required to pay an amount, calculated for a partial billing period under section 166A , using—\na meter reading for the premises recorded in a condition report; and\na reasonable estimate of the volume of water supplied to the premises during the period for which water consumption charges are payable by the tenant; and\nthe rate used to calculate the water consumption charge stated in the most recent water consumption charges document.\nIn this clause—\nwater consumption charge , for premises, means the variable part of a water service charge assessed on the volume of water supplied to the premises.\nIf there is a dispute about how much water (or any other service charge) the tenant should pay for, the lessor or tenant may attempt to resolve the dispute by conciliation.\nwater consumption charges document means a document, issued to the lessor by the relevant water supplier, stating the amount of water consumption charges for the premises that are payable to the supplier.\n(sch.1-sec.17-oc.2-ssec.1) The tenant must pay an amount for the water consumption charges for the premises if— the tenant is enjoying or sharing the benefit of a water service to the premises; and 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 item 13.2 states that the tenant must pay for water supplied to the premises.\n(sch.1-sec.17-oc.2-ssec.2) However, the tenant does not have to pay an amount— that is more than the amount of the water consumption charges payable to the relevant water supplier; or that is a fixed charge for the water service to the premises.\n(sch.1-sec.17-oc.2-ssec.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 .\n(sch.1-sec.17-oc.2-ssec.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) .\n(sch.1-sec.17-oc.2-ssec.5) The lessor must give the tenant copies of water consumption charges documents within 4 weeks after the lessor receives the documents.\n(sch.1-sec.17-oc.2-ssec.6) The tenant must pay the amount of the water consumption charge to the lessor within 4 weeks after the lessor gives the tenant copies of the water consumption charges documents about the incurring of the amount.\n(sch.1-sec.17-oc.2-ssec.7) The tenant is not required to pay an amount for the water consumption charges if the tenant has not received a copy of the water consumption charges document about the amount payable to the relevant water supplier.\n(sch.1-sec.17-oc.2-ssec.8) Subclause (9) applies if water consumption charges are payable for a period that includes part but not all of a period specified, or to be specified, in a water consumption charges document.\n(sch.1-sec.17-oc.2-ssec.9) The tenant may be required to pay an amount, calculated for a partial billing period under section 166A , using— a meter reading for the premises recorded in a condition report; and a reasonable estimate of the volume of water supplied to the premises during the period for which water consumption charges are payable by the tenant; and the rate used to calculate the water consumption charge stated in the most recent water consumption charges document.\n(sch.1-sec.17-oc.2-ssec.10) 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. If there is a dispute about how much water (or any other service charge) the tenant should pay for, the lessor or tenant may attempt to resolve the dispute by conciliation. water consumption charges document means a document, issued to the lessor by the relevant water supplier, stating the amount of water consumption charges for the premises that are payable to the supplier.\n- (a) the tenant is enjoying or sharing the benefit of a water service to the premises; and\n- (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\n- (c) item 13.2 states that the tenant must pay for water supplied to the premises.\n- (a) that is more than the amount of the water consumption charges payable to the relevant water supplier; or\n- (b) that is a fixed charge for the water service to the premises.\n- (a) a meter reading for the premises recorded in a condition report; and\n- (b) a reasonable estimate of the volume of water supplied to the premises during the period for which water consumption charges are payable by the tenant; and\n- (c) the rate used to calculate the water consumption charge stated in the most recent water consumption charges document.","sortOrder":108},{"sectionNumber":"sch.1-pt.2-div.6","sectionType":"division","heading":"Rights and obligations during tenancy","content":"## Rights and obligations during tenancy","sortOrder":109},{"sectionNumber":"sch.1-sec.18-oc.2","sectionType":"section","heading":"No legal impediments to occupation— s 181","content":"### sch.1-sec.18-oc.2 No legal impediments to occupation— s 181\n\nThe 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.\nif there is a mortgage over the premises, the lessor might need to obtain approval from the mortgagee before the tenancy can start\na certificate might be required under the Building Act 1975 before the premises can lawfully be occupied\nthe zoning of the land might prevent use of a building on the land as a residence\n- • if there is a mortgage over the premises, the lessor might need to obtain approval from the mortgagee before the tenancy can start\n- • a certificate might be required under the Building Act 1975 before the premises can lawfully be occupied\n- • the zoning of the land might prevent use of a building on the land as a residence","sortOrder":110},{"sectionNumber":"sch.1-sec.19-oc.2","sectionType":"section","heading":"Vacant possession and quiet enjoyment— ss 182 and 183","content":"### sch.1-sec.19-oc.2 Vacant possession and quiet enjoyment— ss 182 and 183\n\nThe 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.\nParts of the premises where the tenant does not have a right to occupy exclusively may be identified in a special term.\nThe lessor must take reasonable steps to ensure the tenant has quiet enjoyment of the premises.\nThe lessor or lessor’s agent must not interfere with the reasonable peace, comfort or privacy of the tenant in using the premises.\n(sch.1-sec.19-oc.2-ssec.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. Parts of the premises where the tenant does not have a right to occupy exclusively may be identified in a special term.\n(sch.1-sec.19-oc.2-ssec.2) The lessor must take reasonable steps to ensure the tenant has quiet enjoyment of the premises.\n(sch.1-sec.19-oc.2-ssec.3) The lessor or lessor’s agent must not interfere with the reasonable peace, comfort or privacy of the tenant in using the premises.","sortOrder":111},{"sectionNumber":"sch.1-sec.20","sectionType":"section","heading":"Lessor’s right to enter the premises— ss 192 – 199","content":"### sch.1-sec.20 Lessor’s right to enter the premises— ss 192 – 199\n\nThe lessor or lessor’s agent may enter the premises during the tenancy only if the obligations under sections 192 to 199 have been complied with.","sortOrder":112},{"sectionNumber":"sch.1-sec.21","sectionType":"section","heading":"Tenant’s use of premises— ss 10 and 184","content":"### sch.1-sec.21 Tenant’s use of premises— ss 10 and 184\n\nThe tenant may use the premises—\nonly as a place of residence; or\nmainly as a place of residence and for another use allowed under a special term.\nThe tenant must not—\nuse the premises for an illegal purpose; or\ncause a nuisance by the use of the premises; or\nusing paints or chemicals on the premises that go onto or cause odours on adjoining land\nmaking loud noises\nallowing large amounts of water to escape onto adjoining land\ninterfere with the reasonable peace, comfort or privacy of a neighbour of the tenant; or\nallow another person on the premises to interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant.\n(sch.1-sec.21-ssec.1) The tenant may use the premises— only as a place of residence; or mainly as a place of residence and for another use allowed under a special term.\n(sch.1-sec.21-ssec.2) The tenant must not— use the premises for an illegal purpose; or cause a nuisance by the use of the premises; or using paints or chemicals on the premises that go onto or cause odours on adjoining land making loud noises allowing large amounts of water to escape onto adjoining land interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant; or allow another person on the premises to interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant.\n- (a) only as a place of residence; or\n- (b) mainly as a place of residence and for another use allowed under a special term.\n- (a) use the premises for an illegal purpose; or\n- (b) cause a nuisance by the use of the premises; or Examples of things that may constitute a nuisance— • using paints or chemicals on the premises that go onto or cause odours on adjoining land • making loud noises • allowing large amounts of water to escape onto adjoining land\n- • using paints or chemicals on the premises that go onto or cause odours on adjoining land\n- • making loud noises\n- • allowing large amounts of water to escape onto adjoining land\n- (c) interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant; or\n- (d) allow another person on the premises to interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant.\n- • using paints or chemicals on the premises that go onto or cause odours on adjoining land\n- • making loud noises\n- • allowing large amounts of water to escape onto adjoining land","sortOrder":113},{"sectionNumber":"sch.1-sec.22","sectionType":"section","heading":"Number of occupants allowed","content":"### sch.1-sec.22 Number of occupants allowed\n\nNo more than the number of persons stated in item 16 may reside at the premises.","sortOrder":114},{"sectionNumber":"sch.1-sec.23","sectionType":"section","heading":"Body corporate by-laws— s 69","content":"### sch.1-sec.23 Body corporate by-laws— s 69\n\nThe lessor must give the tenant a copy of any body corporate by-laws applicable to—\nthe occupation of the premises; or\nany common area available for use by the tenant with the premises.\nThe tenant must comply with the body corporate by-laws.\nSubclause (1) does not apply if—\nthis agreement has the effect of continuing the tenant’s right to occupy the premises under an earlier residential tenancy agreement; and\nthe lessor gave the tenant a copy of the body corporate by-laws in relation to the earlier agreement.\n(sch.1-sec.23-ssec.1) The lessor must give the tenant a copy of any body corporate by-laws applicable to— the occupation of the premises; or any common area available for use by the tenant with the premises.\n(sch.1-sec.23-ssec.2) The tenant must comply with the body corporate by-laws.\n(sch.1-sec.23-ssec.3) Subclause (1) does not apply if— this agreement has the effect of continuing the tenant’s right to occupy the premises under an earlier residential tenancy agreement; and the lessor gave the tenant a copy of the body corporate by-laws in relation to the earlier agreement.\n- (a) the occupation of the premises; or\n- (b) any common area available for use by the tenant with the premises.\n- (a) this agreement has the effect of continuing the tenant’s right to occupy the premises under an earlier residential tenancy agreement; and\n- (b) the lessor gave the tenant a copy of the body corporate by-laws in relation to the earlier agreement.","sortOrder":115},{"sectionNumber":"sch.1-sec.24","sectionType":"section","heading":"Lessor’s obligations— s 185","content":"### sch.1-sec.24 Lessor’s obligations— s 185\n\nAt the start of the tenancy, the lessor must ensure—\nthe premises are clean; and\nthe premises are fit for the tenant to live in; and\nthe premises are in good repair; and\nthe lessor is not in breach of a law dealing with issues about the health or safety of persons using or entering the premises; and\nthe premises otherwise comply with any prescribed minimum housing standards applying to the premises.\nWhile the tenancy continues, the lessor must—\nmaintain the premises in a way that the premises remain fit for the tenant to live in; and\nmaintain the premises in good repair; and\nensure any law dealing with issues about the health or safety of persons using or entering the premises is complied with; and\nkeep any common area included in the premises clean; and\nensure the premises otherwise comply with any prescribed minimum housing standards applying to the premises.\nHowever, 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—\nthe lessor is the State; and\nthe non-standard items are stated in this agreement and this agreement states the lessor is not responsible for their maintenance; and\nthe non-standard items are not necessary and reasonable to make the premises a fit place in which to live; and\nthe non-standard items are not a risk to health or safety; and\nfor fixtures—the fixtures were not attached to the premises by the lessor.\nIn this clause—\nnon-standard items means the fixtures attached to the premises and inclusions supplied with the premises stated in item 5.2.\npremises include any common area available for use by the tenant with the premises.\n(sch.1-sec.24-ssec.1) At the start of the tenancy, the lessor must ensure— the premises are clean; and the premises are fit for the tenant to live in; and the premises are in good repair; and 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 the premises otherwise comply with any prescribed minimum housing standards applying to the premises.\n(sch.1-sec.24-ssec.2) While the tenancy continues, the lessor must— maintain the premises in a way that the premises remain fit for the tenant to live in; and maintain the premises in good repair; and ensure any law dealing with issues about the health or safety of persons using or entering the premises is complied with; and keep any common area included in the premises clean; and ensure the premises otherwise comply with any prescribed minimum housing standards applying to the premises.\n(sch.1-sec.24-ssec.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— the lessor is the State; and the non-standard items are stated in this agreement and this agreement states the lessor is not responsible for their maintenance; and the non-standard items are not necessary and reasonable to make the premises a fit place in which to live; and the non-standard items are not a risk to health or safety; and for fixtures—the fixtures were not attached to the premises by the lessor.\n(sch.1-sec.24-ssec.4) In this clause— non-standard items means the fixtures attached to the premises and inclusions supplied with the premises stated in item 5.2. premises include any common area available for use by the tenant with the premises.\n- (a) the premises are clean; and\n- (b) the premises are fit for the tenant to live in; and\n- (c) the premises are in good repair; and\n- (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\n- (e) the premises otherwise comply with any prescribed minimum housing standards applying to the premises.\n- (a) maintain the premises in a way that the premises remain fit for the tenant to live in; and\n- (b) maintain the premises in good repair; and\n- (c) ensure any law dealing with issues about the health or safety of persons using or entering the premises is complied with; and\n- (d) keep any common area included in the premises clean; and\n- (e) ensure the premises otherwise comply with any prescribed minimum housing standards applying to the premises.\n- (a) the lessor is the State; and\n- (b) the non-standard items are stated in this agreement and this agreement states the lessor is not responsible for their maintenance; and\n- (c) the non-standard items are not necessary and reasonable to make the premises a fit place in which to live; and\n- (d) the non-standard items are not a risk to health or safety; and\n- (e) for fixtures—the fixtures were not attached to the premises by the lessor.","sortOrder":116},{"sectionNumber":"sch.1-sec.25","sectionType":"section","heading":"Tenant’s obligations generally— s 188","content":"### sch.1-sec.25 Tenant’s obligations generally— s 188\n\nThe tenant must keep the premises clean, having regard to their condition at the start of the tenancy.\nThe tenant must not maliciously damage, or allow someone else to maliciously damage, the premises.\nThe 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 caused by an act of domestic violence experienced by the tenant.\n(sch.1-sec.25-ssec.1) The tenant must keep the premises clean, having regard to their condition at the start of the tenancy.\n(sch.1-sec.25-ssec.2) The tenant must not maliciously damage, or allow someone else to maliciously damage, the premises.\n(sch.1-sec.25-ssec.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 caused by an act of domestic violence experienced by the tenant.","sortOrder":117},{"sectionNumber":"sch.1-sec.26","sectionType":"section","heading":"Fixtures or structural changes— ss 207 – 209","content":"### sch.1-sec.26 Fixtures or structural changes— ss 207 – 209\n\nThe tenant may attach a fixture, or make a structural change, to the premises only if—\nthe tenant gives the lessor a request, in the approved form, for approval to attach the fixture or make the structural change; and\nthe lessor agrees to the request; and\nfor body corporate premises—the body corporate agrees to the request; and\nthe fixture is attached, or structural change is made, in accordance with the lessor’s agreement.\nFixtures are generally items permanently attached to land or to a building that are intended to become part of the land or building. Attaching a fixture may include, for example, gluing, nailing or screwing the fixture to a wall.\nThe lessor must—\ndecide the request—\nwithin 28 days after receiving the request; or\nif the premises are not body corporate premises—within a longer period, if agreed to by the tenant and lessor; and\nadvise the tenant of the lessor’s decision; and\nif the lessor agrees to the request and the premises are body corporate premises—\nstate that the lessor’s agreement is subject to agreement by the body corporate; and\ngive the request to the body corporate within 28 days after receiving the request; and\nadvise the tenant as soon as reasonably practicable of the body corporate’s decision about the request.\nIf the lessor agrees to the request, the lessor must give the tenant an agreement that—\nis in writing; and\ndescribes the nature of the fixture or structural change; and\nstates any conditions of the agreement, including any conditions given by the body corporate.\nthat the tenant must maintain the fixture in a particular way\nthat the tenant must remove the fixture and must repair damage caused by removing the fixture\nthat the lessor must compensate the tenant for the fixture if the tenant can not remove it\nThe tenant must comply with any conditions of the agreement given by the lessor or body corporate.\nIn this clause—\nbody corporate premises means premises—\nthat are part of a body corporate scheme; and\nfor which, under a body corporate law or body corporate by-law, the approval of the body corporate is required for the attachment of a fixture, or the making of a structural change, to the premises.\n(sch.1-sec.26-ssec.1) The tenant may attach a fixture, or make a structural change, to the premises only if— the tenant gives the lessor a request, in the approved form, for approval to attach the fixture or make the structural change; and the lessor agrees to the request; and for body corporate premises—the body corporate agrees to the request; and the fixture is attached, or structural change is made, in accordance with the lessor’s agreement. Fixtures are generally items permanently attached to land or to a building that are intended to become part of the land or building. Attaching a fixture may include, for example, gluing, nailing or screwing the fixture to a wall.\n(sch.1-sec.26-ssec.2) The lessor must— decide the request— within 28 days after receiving the request; or if the premises are not body corporate premises—within a longer period, if agreed to by the tenant and lessor; and advise the tenant of the lessor’s decision; and if the lessor agrees to the request and the premises are body corporate premises— state that the lessor’s agreement is subject to agreement by the body corporate; and give the request to the body corporate within 28 days after receiving the request; and advise the tenant as soon as reasonably practicable of the body corporate’s decision about the request.\n(sch.1-sec.26-ssec.3) If the lessor agrees to the request, the lessor must give the tenant an agreement that— is in writing; and describes the nature of the fixture or structural change; and states any conditions of the agreement, including any conditions given by the body corporate. that the tenant must maintain the fixture in a particular way that the tenant must remove the fixture and must repair damage caused by removing the fixture that the lessor must compensate the tenant for the fixture if the tenant can not remove it\n(sch.1-sec.26-ssec.4) The tenant must comply with any conditions of the agreement given by the lessor or body corporate.\n(sch.1-sec.26-ssec.5) In this clause— body corporate premises means premises— that are part of a body corporate scheme; and for which, under a body corporate law or body corporate by-law, the approval of the body corporate is required for the attachment of a fixture, or the making of a structural change, to the premises.\n- (a) the tenant gives the lessor a request, in the approved form, for approval to attach the fixture or make the structural change; and\n- (b) the lessor agrees to the request; and\n- (c) for body corporate premises—the body corporate agrees to the request; and\n- (d) the fixture is attached, or structural change is made, in accordance with the lessor’s agreement.\n- (a) decide the request— (i) within 28 days after receiving the request; or (ii) if the premises are not body corporate premises—within a longer period, if agreed to by the tenant and lessor; and\n- (i) within 28 days after receiving the request; or\n- (ii) if the premises are not body corporate premises—within a longer period, if agreed to by the tenant and lessor; and\n- (b) advise the tenant of the lessor’s decision; and\n- (c) if the lessor agrees to the request and the premises are body corporate premises— (i) state that the lessor’s agreement is subject to agreement by the body corporate; and (ii) give the request to the body corporate within 28 days after receiving the request; and (iii) advise the tenant as soon as reasonably practicable of the body corporate’s decision about the request.\n- (i) state that the lessor’s agreement is subject to agreement by the body corporate; and\n- (ii) give the request to the body corporate within 28 days after receiving the request; and\n- (iii) advise the tenant as soon as reasonably practicable of the body corporate’s decision about the request.\n- (i) within 28 days after receiving the request; or\n- (ii) if the premises are not body corporate premises—within a longer period, if agreed to by the tenant and lessor; and\n- (i) state that the lessor’s agreement is subject to agreement by the body corporate; and\n- (ii) give the request to the body corporate within 28 days after receiving the request; and\n- (iii) advise the tenant as soon as reasonably practicable of the body corporate’s decision about the request.\n- (a) is in writing; and\n- (b) describes the nature of the fixture or structural change; and\n- (c) states any conditions of the agreement, including any conditions given by the body corporate. Examples of conditions— • that the tenant must maintain the fixture in a particular way • that the tenant must remove the fixture and must repair damage caused by removing the fixture • that the lessor must compensate the tenant for the fixture if the tenant can not remove it\n- • that the tenant must maintain the fixture in a particular way\n- • that the tenant must remove the fixture and must repair damage caused by removing the fixture\n- • that the lessor must compensate the tenant for the fixture if the tenant can not remove it\n- • that the tenant must maintain the fixture in a particular way\n- • that the tenant must remove the fixture and must repair damage caused by removing the fixture\n- • that the lessor must compensate the tenant for the fixture if the tenant can not remove it\n- (a) that are part of a body corporate scheme; and\n- (b) for which, under a body corporate law or body corporate by-law, the approval of the body corporate is required for the attachment of a fixture, or the making of a structural change, to the premises.","sortOrder":118},{"sectionNumber":"sch.1-sec.27","sectionType":"section","heading":"Action by lessor for breach of lessor’s agreement about fixture or structural change— s 209A","content":"### sch.1-sec.27 Action by lessor for breach of lessor’s agreement about fixture or structural change— s 209A\n\nThis clause applies if—\nthe tenant attaches a fixture, or makes a structural change, to the premises; and\nthe lessor’s agreement is given under section 208 to attach the fixture or make the structural change; and\nthe tenant does not attach the fixture, or make the structural change, in accordance with the lessor’s agreement.\nThe lessor may—\ntake action for a breach of a term of this agreement; or\nwaive the breach and treat the fixture or structural change as an improvement to the premises for the lessor’s benefit.\n(sch.1-sec.27-ssec.1) This clause applies if— the tenant attaches a fixture, or makes a structural change, to the premises; and the lessor’s agreement is given under section 208 to attach the fixture or make the structural change; and the tenant does not attach the fixture, or make the structural change, in accordance with the lessor’s agreement.\n(sch.1-sec.27-ssec.2) The lessor may— take action for a breach of a term of this agreement; or waive the breach and treat the fixture or structural change as an improvement to the premises for the lessor’s benefit.\n- (a) the tenant attaches a fixture, or makes a structural change, to the premises; and\n- (b) the lessor’s agreement is given under section 208 to attach the fixture or make the structural change; and\n- (c) the tenant does not attach the fixture, or make the structural change, in accordance with the lessor’s agreement.\n- (a) take action for a breach of a term of this agreement; or\n- (b) waive the breach and treat the fixture or structural change as an improvement to the premises for the lessor’s benefit.","sortOrder":119},{"sectionNumber":"sch.1-sec.28","sectionType":"section","heading":"Supply of locks and keys— s 210","content":"### sch.1-sec.28 Supply of locks and keys— s 210\n\nThe lessor must supply and maintain all locks necessary to ensure the premises are reasonably secure.\nThe lessor must give the tenant, or if there is more than 1 tenant, give 1 of the tenants, a key for each lock that—\nsecures an entry to the premises; or\nsecures a road or other place normally used to gain access to, or leave, the area or building in which the premises are situated; or\nis part of the premises.\nIf 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).\n(sch.1-sec.28-ssec.1) The lessor must supply and maintain all locks necessary to ensure the premises are reasonably secure.\n(sch.1-sec.28-ssec.2) The lessor must give the tenant, or if there is more than 1 tenant, give 1 of the tenants, a key for each lock that— secures an entry to the premises; or 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 is part of the premises.\n(sch.1-sec.28-ssec.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).\n- (a) secures an entry to the premises; or\n- (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\n- (c) is part of the premises.","sortOrder":120},{"sectionNumber":"sch.1-sec.29","sectionType":"section","heading":"Changing locks— ss 211 and 212","content":"### sch.1-sec.29 Changing locks— ss 211 and 212\n\nThe lessor or tenant may change a lock at the premises only if—\nthe other party to this agreement agrees to the change; or\nthe lessor or tenant has a reasonable excuse for making the change; or\nthe lessor or tenant believes the change is necessary because of an emergency; or\nthe lock is changed to comply with an order of the tribunal.\nHowever, the tenant may also change a lock at the premises if the tenant—\nbelieves the change is necessary to protect the tenant or another occupant of the premises from domestic violence; and\nengages a locksmith or other qualified tradesperson to change the lock.\nThe lessor or tenant must not act unreasonably in failing to agree to the change of a lock.\nIf 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—\nthe other party agrees to not being given the key; or\nthe tribunal orders that the key not be given to the other party.\nIf 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.\nThe right of the lessor or tenant to change a lock under this clause is subject to a body corporate law or a body corporate by-law that applies to the premises.\n(sch.1-sec.29-ssec.1) The lessor or tenant may change a lock at the premises only if— the other party to this agreement agrees to the change; or the lessor or tenant has a reasonable excuse for making the change; or the lessor or tenant believes the change is necessary because of an emergency; or the lock is changed to comply with an order of the tribunal.\n(sch.1-sec.29-ssec.2) However, the tenant may also change a lock at the premises if the tenant— believes the change is necessary to protect the tenant or another occupant of the premises from domestic violence; and engages a locksmith or other qualified tradesperson to change the lock.\n(sch.1-sec.29-ssec.3) The lessor or tenant must not act unreasonably in failing to agree to the change of a lock.\n(sch.1-sec.29-ssec.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— the other party agrees to not being given the key; or the tribunal orders that the key not be given to the other party.\n(sch.1-sec.29-ssec.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.\n(sch.1-sec.29-ssec.6) The right of the lessor or tenant to change a lock under this clause is subject to a body corporate law or a body corporate by-law that applies to the premises.\n- (a) the other party to this agreement agrees to the change; or\n- (b) the lessor or tenant has a reasonable excuse for making the change; or\n- (c) the lessor or tenant believes the change is necessary because of an emergency; or\n- (d) the lock is changed to comply with an order of the tribunal.\n- (a) believes the change is necessary to protect the tenant or another occupant of the premises from domestic violence; and\n- (b) engages a locksmith or other qualified tradesperson to change the lock.\n- (a) the other party agrees to not being given the key; or\n- (b) the tribunal orders that the key not be given to the other party.","sortOrder":121},{"sectionNumber":"sch.1-sec.30","sectionType":"section","heading":"Meaning of emergency and routine repairs— ss 214 and 215","content":"### sch.1-sec.30 Meaning of emergency and routine repairs— ss 214 and 215\n\nEmergency repairs are works needed to repair any of the following—\na burst water service or serious water service leak;\na blocked or broken lavatory system;\na serious roof leak;\na gas leak;\na dangerous electrical fault;\nflooding or serious flood damage;\nserious storm, fire or impact damage;\na failure or breakdown of the gas, electricity or water supply to the premises;\na failure or breakdown of an essential service or appliance on the premises for hot water, cooking or heating;\na fault or damage that makes the premises unsafe or insecure;\na fault or damage likely to injure a person, damage property or unduly inconvenience a tenant of the premises;\na serious fault in a staircase, lift or other common area of the premises that unduly inconveniences a tenant in gaining access to, or using, the premises.\nAlso, emergency repairs are works needed for the premises to comply with the prescribed minimum housing standards.\nRoutine repairs are repairs that are not emergency repairs.\n(sch.1-sec.30-ssec.1) Emergency repairs are works needed to repair any of the following— a burst water service or serious water service leak; a blocked or broken lavatory system; a serious roof leak; a gas leak; a dangerous electrical fault; flooding or serious flood damage; serious storm, fire or impact damage; a failure or breakdown of the gas, electricity or water supply to the premises; a failure or breakdown of an essential service or appliance on the premises for hot water, cooking or heating; a fault or damage that makes the premises unsafe or insecure; a fault or damage likely to injure a person, damage property or unduly inconvenience a tenant of the premises; a serious fault in a staircase, lift or other common area of the premises that unduly inconveniences a tenant in gaining access to, or using, the premises.\n(sch.1-sec.30-ssec.2) Also, emergency repairs are works needed for the premises to comply with the prescribed minimum housing standards.\n(sch.1-sec.30-ssec.3) Routine repairs are repairs that are not emergency repairs.\n- (a) a burst water service or serious water service leak;\n- (b) a blocked or broken lavatory system;\n- (c) a serious roof leak;\n- (d) a gas leak;\n- (e) a dangerous electrical fault;\n- (f) flooding or serious flood damage;\n- (g) serious storm, fire or impact damage;\n- (h) a failure or breakdown of the gas, electricity or water supply to the premises;\n- (i) a failure or breakdown of an essential service or appliance on the premises for hot water, cooking or heating;\n- (j) a fault or damage that makes the premises unsafe or insecure;\n- (k) a fault or damage likely to injure a person, damage property or unduly inconvenience a tenant of the premises;\n- (l) a serious fault in a staircase, lift or other common area of the premises that unduly inconveniences a tenant in gaining access to, or using, the premises.","sortOrder":122},{"sectionNumber":"sch.1-sec.31","sectionType":"section","heading":"Nominated repairer for emergency repairs— s 216","content":"### sch.1-sec.31 Nominated repairer for emergency repairs— s 216\n\nThe lessor’s nominated repairer for emergency repairs of a particular type must be stated either—\nin item 18; or\nin a notice given by the lessor to the tenant.\nThe notice must state—\nthe name and telephone number of the nominated repairer; and\nwhether or not the nominated repairer is the tenant’s first point of contact for notifying of the need for emergency repairs.\nThe lessor must give notice to the tenant of any change of the lessor’s nominated repairer or the telephone number of the nominated repairer.\nThis clause does not apply if—\nthe lessor has given the tenant a telephone number of the lessor; and\nthe lessor gives notice to the tenant that the lessor is to arrange for emergency repairs to be made to the premises.\n(sch.1-sec.31-ssec.1) The lessor’s nominated repairer for emergency repairs of a particular type must be stated either— in item 18; or in a notice given by the lessor to the tenant.\n(sch.1-sec.31-ssec.2) The notice must state— the name and telephone number of the nominated repairer; and whether or not the nominated repairer is the tenant’s first point of contact for notifying of the need for emergency repairs.\n(sch.1-sec.31-ssec.3) The lessor must give notice to the tenant of any change of the lessor’s nominated repairer or the telephone number of the nominated repairer.\n(sch.1-sec.31-ssec.4) This clause does not apply if— the lessor has given the tenant a telephone number of the lessor; and the lessor gives notice to the tenant that the lessor is to arrange for emergency repairs to be made to the premises.\n- (a) in item 18; or\n- (b) in a notice given by the lessor to the tenant.\n- (a) the name and telephone number of the nominated repairer; and\n- (b) whether or not the nominated repairer is the tenant’s first point of contact for notifying of the need for emergency repairs.\n- (a) the lessor has given the tenant a telephone number of the lessor; and\n- (b) the lessor gives notice to the tenant that the lessor is to arrange for emergency repairs to be made to the premises.","sortOrder":123},{"sectionNumber":"sch.1-sec.32","sectionType":"section","heading":"Notice of damage— s 217","content":"### sch.1-sec.32 Notice of damage— s 217\n\nIf the tenant knows the premises have been damaged, the tenant must give notice as soon as practicable of the damage.\nIf the premises need routine repairs, the notice must be given to the lessor.\nIf the premises need emergency repairs, the notice must be given to the lessor if—\nthere is no nominated repairer for the repairs; or\na nominated repairer for the repairs is not the tenant’s first point of contact; or\na nominated repairer for the repairs is the tenant’s first point of contact but the tenant has been unable to contact the repairer after making reasonable efforts.\nIf the premises need emergency repairs and there is a nominated repairer of the lessor for the repairs, the notice must be given to the repairer if—\nthe repairer is the tenant’s first point of contact; or\nthe repairer is not the tenant’s first point of contact but the tenant has been unable to contact the lessor after making reasonable efforts.\nDespite clause 48, a notice under this clause does not need to be written.\nThis clause does not apply to the tenant for damage caused by an act of domestic violence experienced by the tenant.\n(sch.1-sec.32-ssec.1) If the tenant knows the premises have been damaged, the tenant must give notice as soon as practicable of the damage.\n(sch.1-sec.32-ssec.2) If the premises need routine repairs, the notice must be given to the lessor.\n(sch.1-sec.32-ssec.3) If the premises need emergency repairs, the notice must be given to the lessor if— there is no nominated repairer for the repairs; or a nominated repairer for the repairs is not the tenant’s first point of contact; or a nominated repairer for the repairs is the tenant’s first point of contact but the tenant has been unable to contact the repairer after making reasonable efforts.\n(sch.1-sec.32-ssec.4) If the premises need emergency repairs and there is a nominated repairer of the lessor for the repairs, the notice must be given to the repairer if— the repairer is the tenant’s first point of contact; or the repairer is not the tenant’s first point of contact but the tenant has been unable to contact the lessor after making reasonable efforts.\n(sch.1-sec.32-ssec.5) Despite clause 48, a notice under this clause does not need to be written.\n(sch.1-sec.32-ssec.6) This clause does not apply to the tenant for damage caused by an act of domestic violence experienced by the tenant.\n- (a) there is no nominated repairer for the repairs; or\n- (b) a nominated repairer for the repairs is not the tenant’s first point of contact; or\n- (c) a nominated repairer for the repairs is the tenant’s first point of contact but the tenant has been unable to contact the repairer after making reasonable efforts.\n- (a) the repairer is the tenant’s first point of contact; or\n- (b) the repairer is not the tenant’s first point of contact but the tenant has been unable to contact the lessor after making reasonable efforts.","sortOrder":124},{"sectionNumber":"sch.1-sec.33","sectionType":"section","heading":"Emergency repairs arranged by tenant— ss 218 and 219","content":"### sch.1-sec.33 Emergency repairs arranged by tenant— ss 218 and 219\n\nThe tenant may arrange for a suitably qualified person to make emergency repairs of the premises or apply to the tribunal under section 221 for orders about the repairs if—\nthe tenant has been unable to notify the lessor or nominated repairer of the need for the repairs; or\nthe repairs are not made within a reasonable time after notice is given.\nSection 219A also provides that the lessor’s agent may arrange for emergency repairs.\nThe 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.\nFor how the tenant may require reimbursement for the repairs, see sections 219 (2) and (3) and 220 and the information statement.\n(sch.1-sec.33-ssec.1) The tenant may arrange for a suitably qualified person to make emergency repairs of the premises or apply to the tribunal under section 221 for orders about the repairs if— the tenant has been unable to notify the lessor or nominated repairer of the need for the repairs; or the repairs are not made within a reasonable time after notice is given. Section 219A also provides that the lessor’s agent may arrange for emergency repairs.\n(sch.1-sec.33-ssec.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. For how the tenant may require reimbursement for the repairs, see sections 219 (2) and (3) and 220 and the information statement.\n- (a) the tenant has been unable to notify the lessor or nominated repairer of the need for the repairs; or\n- (b) the repairs are not made within a reasonable time after notice is given.","sortOrder":125},{"sectionNumber":"sch.1-sec.34","sectionType":"section","heading":"Keeping pets and other animals at premises— ss 184B and 184G","content":"### sch.1-sec.34 Keeping pets and other animals at premises— ss 184B and 184G\n\nThe tenant may keep a pet or other animal at the premises only with the approval of the lessor.\nHowever, the tenant may keep a working dog at the premises without the lessor’s approval.\nThe 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 19.\nIf item 19 states 2 cats, the tenant is approved by the lessor to keep up to 2 cats at the premises.\nFor additional approvals to keep a pet at the premises, see clause 36.\nAn authorisation to keep a 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—\nthe ending of this agreement, if the tenant continues occupying the premises under a new agreement;\na change in the lessor or lessor’s agent;\nfor a working dog—the retirement of the dog from the service the dog provided as a working dog.\nAn 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.\nThe premises may be subject to a local law that limits the number or types of animals that may be kept at the premises.\nThe 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.\n(sch.1-sec.34-ssec.1) The tenant may keep a pet or other animal at the premises only with the approval of the lessor.\n(sch.1-sec.34-ssec.2) However, the tenant may keep a working dog at the premises without the lessor’s approval.\n(sch.1-sec.34-ssec.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 19. If item 19 states 2 cats, the tenant is approved by the lessor to keep up to 2 cats at the premises. For additional approvals to keep a pet at the premises, see clause 36.\n(sch.1-sec.34-ssec.4) An authorisation to keep a 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— the ending of this agreement, if the tenant continues occupying the premises under a new agreement; a change in the lessor or lessor’s agent; for a working dog—the retirement of the dog from the service the dog provided as a working dog.\n(sch.1-sec.34-ssec.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. The premises may be subject to a local law that limits the number or types of animals that may be kept at the premises. The 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.\n- 1 If item 19 states 2 cats, the tenant is approved by the lessor to keep up to 2 cats at the premises.\n- 2 For additional approvals to keep a pet at the premises, see clause 36.\n- (a) the ending of this agreement, if the tenant continues occupying the premises under a new agreement;\n- (b) a change in the lessor or lessor’s agent;\n- (c) for a working dog—the retirement of the dog from the service the dog provided as a working dog.\n- 1 The premises may be subject to a local law that limits the number or types of animals that may be kept at the premises.\n- 2 The 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.","sortOrder":126},{"sectionNumber":"sch.1-sec.35","sectionType":"section","heading":"Tenant responsible for pets and other animals— s 184C","content":"### sch.1-sec.35 Tenant responsible for pets and other animals— s 184C\n\nThe 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.\nThe tenant is responsible for repairing any damage to the premises caused by the pet or other animal.\nDamage to the premises caused by the pet or other animal is not fair wear and tear.\n(sch.1-sec.35-ssec.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.\n(sch.1-sec.35-ssec.2) The tenant is responsible for repairing any damage to the premises caused by the pet or other animal.\n(sch.1-sec.35-ssec.3) Damage to the premises caused by the pet or other animal is not fair wear and tear.","sortOrder":127},{"sectionNumber":"sch.1-sec.36","sectionType":"section","heading":"Request for approval to keep pet— ss 184D and 184E","content":"### sch.1-sec.36 Request for approval to keep pet— ss 184D and 184E\n\nThe tenant may, using the approved form, request the lessor’s approval to keep a stated pet at the premises.\nThe lessor must respond to the tenant’s request within 14 days after receiving the request.\nThe lessor’s response to the request must be in writing and state—\nwhether the lessor approves or refuses the tenant’s request; and\nif the lessor approves the tenant’s request subject to conditions—the conditions of the approval; and\nSee clause 37 for limitations on conditions of approval to keep a pet at the premises.\nif the lessor refuses the tenant’s request—\nthe grounds for the refusal; and\nthe reasons the lessor believes the grounds for the refusal apply to the request.\nThe lessor may refuse the request for approval to keep a pet at the premises only on 1 or more of the following grounds—\nkeeping the pet would exceed a reasonable number of animals being kept at the premises;\nthe 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;\nkeeping the pet is likely to cause damage to the premises that could not practicably be repaired for a cost that is less than the amount of the rental bond for the premises;\nkeeping the pet would pose an unacceptable risk to the health and safety of a person, including, for example, because the pet is venomous;\nkeeping the pet would contravene a law;\nkeeping the pet would contravene a body corporate by-law applying to the premises;\nif the lessor proposed reasonable conditions for approval and the conditions comply with clause 37—the tenant has not agreed to the conditions;\nthe animal stated in the request is not a pet as defined in section 184A ;\nanother ground prescribed by a regulation under section 184E (1) (j) .\nThe lessor is taken to approve the keeping of the pet at the premises if—\nthe lessor does not comply with subclause (2); or\nthe lessor’s response does not comply with subclause (3).\n(sch.1-sec.36-ssec.1) The tenant may, using the approved form, request the lessor’s approval to keep a stated pet at the premises.\n(sch.1-sec.36-ssec.2) The lessor must respond to the tenant’s request within 14 days after receiving the request.\n(sch.1-sec.36-ssec.3) The lessor’s response to the request must be in writing and state— whether the lessor approves or refuses the tenant’s request; and if the lessor approves the tenant’s request subject to conditions—the conditions of the approval; and See clause 37 for limitations on conditions of approval to keep a pet at the premises. if the lessor refuses the tenant’s request— the grounds for the refusal; and the reasons the lessor believes the grounds for the refusal apply to the request.\n(sch.1-sec.36-ssec.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— keeping the pet would exceed a reasonable number of animals being kept at the premises; 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; keeping the pet is likely to cause damage to the premises that could not practicably be repaired for a cost that is less than the amount of the rental bond for the premises; keeping the pet would pose an unacceptable risk to the health and safety of a person, including, for example, because the pet is venomous; keeping the pet would contravene a law; keeping the pet would contravene a body corporate by-law applying to the premises; if the lessor proposed reasonable conditions for approval and the conditions comply with clause 37—the tenant has not agreed to the conditions; the animal stated in the request is not a pet as defined in section 184A ; another ground prescribed by a regulation under section 184E (1) (j) .\n(sch.1-sec.36-ssec.5) The lessor is taken to approve the keeping of the pet at the premises if— the lessor does not comply with subclause (2); or the lessor’s response does not comply with subclause (3).\n- (a) whether the lessor approves or refuses the tenant’s request; and\n- (b) if the lessor approves the tenant’s request subject to conditions—the conditions of the approval; and Note— See clause 37 for limitations on conditions of approval to keep a pet at the premises.\n- (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.\n- (i) the grounds for the refusal; and\n- (ii) the reasons the lessor believes the grounds for the refusal apply to the request.\n- (i) the grounds for the refusal; and\n- (ii) the reasons the lessor believes the grounds for the refusal apply to the request.\n- (a) keeping the pet would exceed a reasonable number of animals being kept at the premises;\n- (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;\n- (c) keeping the pet is likely to cause damage to the premises that could not practicably be repaired for a cost that is less than the amount of the rental bond for the premises;\n- (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;\n- (e) keeping the pet would contravene a law;\n- (f) keeping the pet would contravene a body corporate by-law applying to the premises;\n- (g) if the lessor proposed reasonable conditions for approval and the conditions comply with clause 37—the tenant has not agreed to the conditions;\n- (h) the animal stated in the request is not a pet as defined in section 184A ;\n- (i) another ground prescribed by a regulation under section 184E (1) (j) .\n- (a) the lessor does not comply with subclause (2); or\n- (b) the lessor’s response does not comply with subclause (3).","sortOrder":128},{"sectionNumber":"sch.1-sec.37","sectionType":"section","heading":"Conditions for approval to keep pet at premises— s 184F","content":"### sch.1-sec.37 Conditions for approval to keep pet at premises— s 184F\n\nThe lessor’s approval to keep a pet at the premises may be subject to conditions if the conditions—\nrelate only to keeping the pet at the premises; and\nare reasonable having regard to the type of pet and the nature of the premises; and\nare stated in the written approval given to the tenant under clause 36(3).\nWithout limiting subclause (1)(b), the following conditions of the lessor’s approval are taken to be reasonable—\nif the pet is not a type of pet ordinarily kept inside—a condition requiring the pet to be kept outside at the premises;\nif 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;\nif the pet is allowed inside the premises—a condition requiring carpets in the premises to be professionally cleaned at the end of the tenancy.\nA condition of the lessor’s approval to keep a pet at the premises is void if the condition—\nwould have the effect of the lessor contravening section 171 or 172 ; or\nwould, as a term of this agreement, be void under section 173 ; or\nwould increase the rent or rental bond payable by the tenant; or\nwould require any form of security from the tenant.\nFor subclause (2), the premises are professionally fumigated, and carpets are professionally cleaned, if the fumigation and cleaning are done to a standard ordinarily achieved by businesses selling those services.\n(sch.1-sec.37-ssec.1) The lessor’s approval to keep a pet at the premises may be subject to conditions if the conditions— relate only to keeping the pet at the premises; and are reasonable having regard to the type of pet and the nature of the premises; and are stated in the written approval given to the tenant under clause 36(3).\n(sch.1-sec.37-ssec.2) Without limiting subclause (1)(b), the following conditions of the lessor’s approval are taken to be reasonable— if the pet is not a type of pet ordinarily kept inside—a condition requiring the pet to be kept outside at the premises; 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; 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.\n(sch.1-sec.37-ssec.3) A condition of the lessor’s approval to keep a pet at the premises is void if the condition— would have the effect of the lessor contravening section 171 or 172 ; or would, as a term of this agreement, be void under section 173 ; or would increase the rent or rental bond payable by the tenant; or would require any form of security from the tenant.\n(sch.1-sec.37-ssec.4) For subclause (2), the premises are professionally fumigated, and carpets are professionally cleaned, if the fumigation and cleaning are done to a standard ordinarily achieved by businesses selling those services.\n- (a) relate only to keeping the pet at the premises; and\n- (b) are reasonable having regard to the type of pet and the nature of the premises; and\n- (c) are stated in the written approval given to the tenant under clause 36(3).\n- (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;\n- (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;\n- (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.\n- (a) would have the effect of the lessor contravening section 171 or 172 ; or\n- (b) would, as a term of this agreement, be void under section 173 ; or\n- (c) would increase the rent or rental bond payable by the tenant; or\n- (d) would require any form of security from the tenant.","sortOrder":129},{"sectionNumber":"sch.1-pt.2-div.7","sectionType":"division","heading":"Restrictions on transfer or subletting by tenant","content":"## Restrictions on transfer or subletting by tenant","sortOrder":130},{"sectionNumber":"sch.1-sec.38","sectionType":"section","heading":"General— ss 238 and 240","content":"### sch.1-sec.38 General— ss 238 and 240\n\nSubject to clause 39, the tenant may transfer all or a part of the tenant’s interest under this agreement, or sublet the premises, only if—\nthe lessor agrees in writing to the transfer or subletting; or\nthe transfer or subletting is made under an order of the tribunal.\nThe lessor must act reasonably in failing to agree to the transfer or subletting.\nThe lessor is taken to act unreasonably in failing to agree to the transfer or subletting if the lessor acts in a capricious or retaliatory way.\nThe lessor or lessor’s agent must not require the tenant to pay, or accept from the tenant, an amount for the lessor’s agreement to a transfer or subletting by the tenant, other than an amount for the reasonable expenses incurred by the lessor in agreeing to the transfer or subletting.\n(sch.1-sec.38-ssec.1) Subject to clause 39, the tenant may transfer all or a 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; or the transfer or subletting is made under an order of the tribunal.\n(sch.1-sec.38-ssec.2) The lessor must act reasonably in failing to agree to the transfer or subletting.\n(sch.1-sec.38-ssec.3) The lessor is taken to act unreasonably in failing to agree to the transfer or subletting if the lessor acts in a capricious or retaliatory way.\n(sch.1-sec.38-ssec.4) The lessor or lessor’s agent must not require the tenant to pay, or accept from the tenant, an amount for the lessor’s agreement to a transfer or subletting by the tenant, other than an amount for the reasonable expenses incurred by the lessor in agreeing to the transfer or subletting.\n- (a) the lessor agrees in writing to the transfer or subletting; or\n- (b) the transfer or subletting is made under an order of the tribunal.","sortOrder":131},{"sectionNumber":"sch.1-sec.39","sectionType":"section","heading":"State assisted lessors or employees of lessor— s 237","content":"### sch.1-sec.39 State assisted lessors or employees of lessor— s 237\n\nThis clause applies if—\nthe lessor is the State; or\nthe lessor is an entity receiving assistance from the State to supply rented accommodation; or\nthe tenant’s right to occupy the premises is given under the tenant’s terms of employment.\nThe 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.\n(sch.1-sec.39-ssec.1) This clause applies if— the lessor is the State; or the lessor is an entity receiving assistance from the State to supply rented accommodation; or the tenant’s right to occupy the premises is given under the tenant’s terms of employment.\n(sch.1-sec.39-ssec.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.\n- (a) the lessor is the State; or\n- (b) the lessor is an entity receiving assistance from the State to supply rented accommodation; or\n- (c) the tenant’s right to occupy the premises is given under the tenant’s terms of employment.","sortOrder":132},{"sectionNumber":"sch.1-pt.2-div.8","sectionType":"division","heading":"When agreement ends","content":"## When agreement ends","sortOrder":133},{"sectionNumber":"sch.1-sec.40","sectionType":"section","heading":"Ending of agreement— s 277","content":"### sch.1-sec.40 Ending of agreement— s 277\n\nThis agreement ends only if—\nthe lessor and tenant agree, in a separate written document, to end this agreement; or\nthe 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 stated in the notice; or\nthe 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 stated in the notice; or\nthe tenant vacates, or is removed from, the premises after receiving a notice from a mortgagee or appointed person under section 317 ; or\nthe tenant abandons the premises and the period for which the tenant paid rent has ended; or\nthe tribunal makes an order terminating this agreement.\nAlso, this agreement ends for a sole tenant if—\nthe tenant gives the lessor a notice ending tenancy interest and hands over vacant possession of the premises; or\nSee 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.\nthe tenant dies.\nSee section 324A for when this agreement ends if a sole tenant dies.\n(sch.1-sec.40-ssec.1) This agreement ends only if— the lessor and tenant agree, in a separate written document, to end this agreement; or 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 stated in the notice; or 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 stated in the notice; or the tenant vacates, or is removed from, the premises after receiving a notice from a mortgagee or appointed person under section 317 ; or the tenant abandons the premises and the period for which the tenant paid rent has ended; or the tribunal makes an order terminating this agreement.\n(sch.1-sec.40-ssec.2) Also, this agreement ends for a sole tenant if— the tenant gives the lessor a notice ending tenancy interest and hands over vacant possession of the premises; or 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. the tenant dies. See section 324A for when this agreement ends if a sole tenant dies.\n- (a) the lessor and tenant agree, in a separate written document, to end this agreement; or\n- (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 stated in the notice; or\n- (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 stated in the notice; or\n- (d) the tenant vacates, or is removed from, the premises after receiving a notice from a mortgagee or appointed person under section 317 ; or\n- (e) the tenant abandons the premises and the period for which the tenant paid rent has ended; or\n- (f) the tribunal makes an order terminating this agreement.\n- (a) the tenant gives the lessor a notice ending tenancy interest and hands over vacant possession of the premises; or Note— 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.\n- (b) the tenant dies. Note— See section 324A for when this agreement ends if a sole tenant dies.","sortOrder":134},{"sectionNumber":"sch.1-sec.41","sectionType":"section","heading":"Condition premises must be left in— s 188","content":"### sch.1-sec.41 Condition premises must be left in— s 188\n\nAt 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.\nwear that happens during normal use\nchanges that happen with ageing\nThe 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 caused by an act of domestic violence experienced by the tenant.\n(sch.1-sec.41-ssec.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. wear that happens during normal use changes that happen with ageing\n(sch.1-sec.41-ssec.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 caused by an act of domestic violence experienced by the tenant.\n- • wear that happens during normal use\n- • changes that happen with ageing","sortOrder":135},{"sectionNumber":"sch.1-sec.42","sectionType":"section","heading":"Keys","content":"### sch.1-sec.42 Keys\n\nAt the end of the tenancy, the tenant must return to the lessor all keys for the premises.","sortOrder":136},{"sectionNumber":"sch.1-sec.43","sectionType":"section","heading":"Tenant’s forwarding address— s 205","content":"### sch.1-sec.43 Tenant’s forwarding address— s 205\n\nWhen handing over possession of the premises, the tenant must, if the lessor or lessor’s agent asks the tenant in writing to state the tenant’s new residential address, tell the lessor or lessor’s agent the tenant’s new residential address.\nHowever, subclause (1) does not apply if—\nthe tenant has a reasonable excuse for not telling the lessor or lessor’s agent the new address; or\nafter experiencing domestic violence, the tenant ended the tenant’s interest in this agreement, under chapter 5 , part 1 , division 3 , subdivision 2A of the Act .\n(sch.1-sec.43-ssec.1) When handing over possession of the premises, the tenant must, if the lessor or lessor’s agent asks the tenant in writing to state the tenant’s new residential address, tell the lessor or lessor’s agent the tenant’s new residential address.\n(sch.1-sec.43-ssec.2) However, subclause (1) does not apply if— the tenant has a reasonable excuse for not telling the lessor or lessor’s agent the new address; or after experiencing domestic violence, the tenant ended the tenant’s interest in this agreement, under chapter 5 , part 1 , division 3 , subdivision 2A of the Act .\n- (a) the tenant has a reasonable excuse for not telling the lessor or lessor’s agent the new address; or\n- (b) after experiencing domestic violence, the tenant ended the tenant’s interest in this agreement, under chapter 5 , part 1 , division 3 , subdivision 2A of the Act .","sortOrder":137},{"sectionNumber":"sch.1-sec.44","sectionType":"section","heading":"Exit condition report— s 66","content":"### sch.1-sec.44 Exit condition report— s 66\n\nThe tenant must, on or before the day this agreement ends, prepare and sign a condition report for the premises in the approved form.\nFor the approved form for the condition report, see the information statement.\nAs soon as practicable after this agreement ends, the tenant must give 1 copy of the condition report to the lessor or lessor’s agent.\nwhen the tenant returns the keys for the premises to the lessor or lessor’s agent\nThe lessor or lessor’s agent must, within 3 business days after receiving the copy of the condition report—\nsign the copy; and\nif the lessor or lessor’s agent does not agree with the report—show the parts of the report the lessor or lessor’s agent disagrees with by marking the copy in an appropriate way; and\nif the tenant has given a forwarding address to the lessor or lessor’s agent—make a copy of the report and return it to the tenant at the address.\nThe lessor or lessor’s agent must keep a copy of the condition report signed by both parties for at least 1 year after this agreement ends.\n(sch.1-sec.44-ssec.1) The tenant must, on or before the day this agreement ends, prepare and sign a condition report for the premises in the approved form. For the approved form for the condition report, see the information statement.\n(sch.1-sec.44-ssec.2) As soon as practicable after this agreement ends, the tenant must give 1 copy of the condition report to the lessor or lessor’s agent. when the tenant returns the keys for the premises to the lessor or lessor’s agent\n(sch.1-sec.44-ssec.3) The lessor or lessor’s agent must, within 3 business days after receiving the copy of the condition report— sign the copy; and if the lessor or lessor’s agent does not agree with the report—show the parts of the report the lessor or lessor’s agent disagrees with by marking the copy in an appropriate way; and if the tenant has given a forwarding address to the lessor or lessor’s agent—make a copy of the report and return it to the tenant at the address.\n(sch.1-sec.44-ssec.4) The lessor or lessor’s agent must keep a copy of the condition report signed by both parties for at least 1 year after this agreement ends.\n- (a) sign the copy; and\n- (b) if the lessor or lessor’s agent does not agree with the report—show the parts of the report the lessor or lessor’s agent disagrees with by marking the copy in an appropriate way; and\n- (c) if the tenant has given a forwarding address to the lessor or lessor’s agent—make a copy of the report and return it to the tenant at the address.","sortOrder":138},{"sectionNumber":"sch.1-sec.45","sectionType":"section","heading":"Goods or documents left behind on premises— ss 363 and 364","content":"### sch.1-sec.45 Goods or documents left behind on premises— ss 363 and 364\n\nThe tenant must take all of the tenant’s belongings from the premises at the end of the tenancy.\nThe lessor may not treat belongings left behind as the lessor’s own property but must deal with them under sections 363 and 364 .\n(sch.1-sec.45-ssec.1) The tenant must take all of the tenant’s belongings from the premises at the end of the tenancy.\n(sch.1-sec.45-ssec.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 .","sortOrder":139},{"sectionNumber":"sch.1-pt.2-div.9","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":140},{"sectionNumber":"sch.1-sec.46","sectionType":"section","heading":"Supply of goods and services— s 171","content":"### sch.1-sec.46 Supply of goods and services— s 171\n\nThe lessor or lessor’s agent must not require the tenant to buy goods or services from the lessor, the lessor’s agent or a person nominated by the lessor or lessor’s agent.\nSubclause (1) does not apply to—\na requirement about a service charge; or\na condition of an approval to keep a pet if the condition—\nrequires the carpets to be cleaned, or the premises to be fumigated, at the end of the tenancy; and\ncomplies with clause 37; and\ndoes not require the tenant to buy cleaning or fumigation services from a particular person or business.\n(sch.1-sec.46-ssec.1) The lessor or lessor’s agent must not require the tenant to buy goods or services from the lessor, the lessor’s agent or a person nominated by the lessor or lessor’s agent.\n(sch.1-sec.46-ssec.2) Subclause (1) does not apply to— a requirement about a service charge; or a condition of an approval to keep a pet if the condition— requires the carpets to be cleaned, or the premises to be fumigated, at the end of the tenancy; and complies with clause 37; and does not require the tenant to buy cleaning or fumigation services from a particular person or business.\n- (a) a requirement about a service charge; or\n- (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 37; and (iii) does not require the tenant to buy cleaning or fumigation services from a particular person or business.\n- (i) requires the carpets to be cleaned, or the premises to be fumigated, at the end of the tenancy; and\n- (ii) complies with clause 37; and\n- (iii) does not require the tenant to buy cleaning or fumigation services from a particular person or business.\n- (i) requires the carpets to be cleaned, or the premises to be fumigated, at the end of the tenancy; and\n- (ii) complies with clause 37; and\n- (iii) does not require the tenant to buy cleaning or fumigation services from a particular person or business.","sortOrder":141},{"sectionNumber":"sch.1-sec.47","sectionType":"section","heading":"Lessor’s agent— s 206","content":"### sch.1-sec.47 Lessor’s agent— s 206\n\nThe name and address for service of the lessor’s agent is stated in item 3.\nUnless a special term provides otherwise, the lessor’s agent may—\nstand in the lessor’s place in any application to the tribunal by the lessor or tenant; or\ndo any thing else the lessor may do, or is required to do, under this agreement.\nSee also sections 24 and 25 .\n(sch.1-sec.47-ssec.1) The name and address for service of the lessor’s agent is stated in item 3.\n(sch.1-sec.47-ssec.2) Unless a special term provides otherwise, the lessor’s agent may— stand in the lessor’s place in any application to the tribunal by the lessor or tenant; or do any thing else the lessor may do, or is required to do, under this agreement.\n- (a) stand in the lessor’s place in any application to the tribunal by the lessor or tenant; or\n- (b) do any thing else the lessor may do, or is required to do, under this agreement.","sortOrder":142},{"sectionNumber":"sch.1-sec.48","sectionType":"section","heading":"Notices","content":"### sch.1-sec.48 Notices\n\nA notice under this agreement must be written and, if there is an approved form for the notice, in the approved form.\nA notice from the tenant to the lessor may be given to the lessor’s agent.\nA notice may be given to a relevant party—\nby giving it to the relevant party personally; or\nif an address for service for the relevant party is stated in item 1, 2 or 3—by leaving it at the address or sending it by prepaid post as a letter to the address; or\nif an electronic address for a type of electronic communication for the relevant party is stated in item 1, 2 or 3 and item 4 indicates that a notice may be given by that type of electronic communication—by sending it by electronic communication to the electronic address in accordance with the Electronic Transactions (Queensland) Act 2001 .\nemail, facsimile, text message\nIf no address for service is stated in item 2 for the tenant, the tenant’s address for service is taken to be the address of the premises.\nA relevant party may change their address for service or electronic address only by giving notice to each other relevant party of their new address for service or a new electronic address.\nOn the giving of a notice of a new address for service or new electronic address for a relevant party, the address for service or electronic address stated in the notice is taken to be the relevant party’s address for the relevant item in this agreement.\nA relevant party may withdraw their consent to notices being given to them by electronic communication, or to a specific electronic address, only by giving notice to each other relevant party that notices are no longer to be given to the relevant party electronically, or to that electronic address.\nUnless the contrary is proved—\na notice left at an address for service is taken to have been received by the person to whom the address relates when the notice was left at the address; and\na 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\na notice sent by electronic communication to an electronic address is taken to have been received by the recipient—\nif the type of electronic communication is email— when the email enters the recipient’s email server; or\nif the type of electronic communication is facsimile—when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; or\notherwise—at the time stated in the Electronic Transactions (Queensland) Act 2001 , section 24 .\nIn this clause—\nrelevant party means—\nthe lessor; or\nthe tenant; or\nif there is an agent of the lessor—the lessor’s agent.\n(sch.1-sec.48-ssec.1) A notice under this agreement must be written and, if there is an approved form for the notice, in the approved form.\n(sch.1-sec.48-ssec.2) A notice from the tenant to the lessor may be given to the lessor’s agent.\n(sch.1-sec.48-ssec.3) A notice may be given to a relevant party— by giving it to the relevant party personally; or if an address for service for the relevant party is stated in item 1, 2 or 3—by leaving it at the address or sending it by prepaid post as a letter to the address; or if an electronic address for a type of electronic communication for the relevant party is stated in item 1, 2 or 3 and item 4 indicates that a notice may be given by that type of electronic communication—by sending it by electronic communication to the electronic address in accordance with the Electronic Transactions (Queensland) Act 2001 . email, facsimile, text message\n(sch.1-sec.48-ssec.4) If no address for service is stated in item 2 for the tenant, the tenant’s address for service is taken to be the address of the premises.\n(sch.1-sec.48-ssec.5) A relevant party may change their address for service or electronic address only by giving notice to each other relevant party of their new address for service or a new electronic address.\n(sch.1-sec.48-ssec.6) On the giving of a notice of a new address for service or new electronic address for a relevant party, the address for service or electronic address stated in the notice is taken to be the relevant party’s address for the relevant item in this agreement.\n(sch.1-sec.48-ssec.7) A relevant party may withdraw their consent to notices being given to them by electronic communication, or to a specific electronic address, only by giving notice to each other relevant party that notices are no longer to be given to the relevant party electronically, or to that electronic address.\n(sch.1-sec.48-ssec.8) Unless the contrary is proved— a notice left at an address for service is taken to have been received by the person to whom the address relates when the notice was left at the address; and 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 a notice sent by electronic communication to an electronic address is taken to have been received by the recipient— if the type of electronic communication is email— when the email enters the recipient’s email server; or if the type of electronic communication is facsimile—when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; or otherwise—at the time stated in the Electronic Transactions (Queensland) Act 2001 , section 24 .\n(sch.1-sec.48-ssec.9) In this clause— relevant party means— the lessor; or the tenant; or if there is an agent of the lessor—the lessor’s agent.\n- (a) by giving it to the relevant party personally; or\n- (b) if an address for service for the relevant party is stated in item 1, 2 or 3—by leaving it at the address or sending it by prepaid post as a letter to the address; or\n- (c) if an electronic address for a type of electronic communication for the relevant party is stated in item 1, 2 or 3 and item 4 indicates that a notice may be given by that type of electronic communication—by sending it by electronic communication to the electronic address in accordance with the Electronic Transactions (Queensland) Act 2001 . Examples of types of electronic communication— email, facsimile, text message\n- (a) a notice left at an address for service is taken to have been received by the person to whom the address relates when the notice was left at the address; and\n- (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\n- (c) a notice sent by electronic communication to an electronic address is taken to have been received by the recipient— (i) if the type of electronic communication is email— when the email enters the recipient’s email server; or (ii) if the type of electronic communication is facsimile—when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; or (iii) otherwise—at the time stated in the Electronic Transactions (Queensland) Act 2001 , section 24 .\n- (i) if the type of electronic communication is email— when the email enters the recipient’s email server; or\n- (ii) if the type of electronic communication is facsimile—when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; or\n- (iii) otherwise—at the time stated in the Electronic Transactions (Queensland) Act 2001 , section 24 .\n- (i) if the type of electronic communication is email— when the email enters the recipient’s email server; or\n- (ii) if the type of electronic communication is facsimile—when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; or\n- (iii) otherwise—at the time stated in the Electronic Transactions (Queensland) Act 2001 , section 24 .\n- (a) the lessor; or\n- (b) the tenant; or\n- (c) if there is an agent of the lessor—the lessor’s agent.","sortOrder":143},{"sectionNumber":"sch.2-pt.1","sectionType":"part","heading":"Tenancy information","content":"# Tenancy information","sortOrder":144},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":null,"content":"### Section sch.2-sec\n\nItem","sortOrder":145},{"sectionNumber":"sch.2-sec.1","sectionType":"section","heading":"Lessor","content":"### sch.2-sec.1 Lessor\n\nLessor’s name and address for service.\nAny other contact details for the lessor.\nItem 1.2 is optional.\n(sch.2-sec.1-ssec.1.1) Lessor’s name and address for service.\n(sch.2-sec.1-ssec.1.2) Any other contact details for the lessor. Item 1.2 is optional.","sortOrder":146},{"sectionNumber":"sch.2-sec.2","sectionType":"section","heading":"Tenant","content":"### sch.2-sec.2 Tenant\n\nTenant’s name and contact details.\nAn address for service (other than the address of the premises) or other contact details for service.\nItem 2.2 is optional. See clause 54(4).\nThe name, telephone number and email address of a person who is an emergency contact for the tenant.\n(sch.2-sec.2-ssec.2.1) Tenant’s name and contact details.\n(sch.2-sec.2-ssec.2.2) An address for service (other than the address of the premises) or other contact details for service. Item 2.2 is optional. See clause 54(4).\n(sch.2-sec.2-ssec.2.3) The name, telephone number and email address of a person who is an emergency contact for the tenant.","sortOrder":147},{"sectionNumber":"sch.2-sec.3","sectionType":"section","heading":"Lessor’s agent","content":"### sch.2-sec.3 Lessor’s agent\n\nIf the lessor has an agent, the agent’s name and address for service.\nAny other contact details for the lessor’s agent.\nItem 3.2 is optional.\n(sch.2-sec.3-ssec.3.1) If the lessor has an agent, the agent’s name and address for service.\n(sch.2-sec.3-ssec.3.2) Any other contact details for the lessor’s agent. Item 3.2 is optional.","sortOrder":148},{"sectionNumber":"sch.2-sec.4","sectionType":"section","heading":"Service of notices","content":"### sch.2-sec.4 Service of notices\n\nWhether a notice may be given to the lessor by electronic communication.\nWhether a notice may be given to the tenant by electronic communication.\nWhether a notice may be given to the lessor’s agent electronic communication.\n(sch.2-sec.4-ssec.4.1) Whether a notice may be given to the lessor by electronic communication.\n(sch.2-sec.4-ssec.4.2) Whether a notice may be given to the tenant by electronic communication.\n(sch.2-sec.4-ssec.4.3) Whether a notice may be given to the lessor’s agent electronic communication.","sortOrder":149},{"sectionNumber":"sch.2-sec.5","sectionType":"section","heading":"The park","content":"### sch.2-sec.5 The park\n\nIf the premises are in a moveable dwelling park, the name, address or other description of the moveable dwelling park.","sortOrder":150},{"sectionNumber":"sch.2-sec.6","sectionType":"section","heading":"Premises","content":"### sch.2-sec.6 Premises\n\nThe site, or intended site, of the moveable dwelling.\nsite number\nA description of the moveable dwelling premises.\ncaravan, site only\nAny inclusions for the premises.\nannexe, furniture or other household goods let with the premises\nDetails of any repair orders applying to the premises or inclusions for the premises.\n(sch.2-sec.6-ssec.6.1) The site, or intended site, of the moveable dwelling. site number\n(sch.2-sec.6-ssec.6.2) A description of the moveable dwelling premises. caravan, site only\n(sch.2-sec.6-ssec.6.3) Any inclusions for the premises. annexe, furniture or other household goods let with the premises\n(sch.2-sec.6-ssec.6.4) Details of any repair orders applying to the premises or inclusions for the premises.","sortOrder":151},{"sectionNumber":"sch.2-sec.7","sectionType":"section","heading":"Term of agreement","content":"### sch.2-sec.7 Term of agreement\n\nWhether the agreement is a fixed term agreement or periodic agreement.\nThe day the agreement starts.\nSee clause 4(2).\nIf the agreement is a fixed term agreement, the day the agreement finishes.\n(sch.2-sec.7-ssec.7.1) Whether the agreement is a fixed term agreement or periodic agreement.\n(sch.2-sec.7-ssec.7.2) The day the agreement starts. See clause 4(2).\n(sch.2-sec.7-ssec.7.3) If the agreement is a fixed term agreement, the day the agreement finishes.","sortOrder":152},{"sectionNumber":"sch.2-sec.8","sectionType":"section","heading":"Rent—amount","content":"### sch.2-sec.8 Rent—amount\n\nThe amount of rent payable and whether it must be paid weekly, fortnightly or monthly.\nSee clauses 8(1) and 17.","sortOrder":153},{"sectionNumber":"sch.2-sec.9","sectionType":"section","heading":"Rent—day of payment","content":"### sch.2-sec.9 Rent—day of payment\n\nThe day of each week, fortnight or month on which the rent must be paid.\nSee clause 8(2).","sortOrder":154},{"sectionNumber":"sch.2-sec.10","sectionType":"section","heading":"Rent—methods of payment","content":"### sch.2-sec.10 Rent—methods of payment\n\nThe ways for the tenant to pay the rent.\nUnder section 83 , there must be at least 2 ways. See also clause 8(3)(a).","sortOrder":155},{"sectionNumber":"sch.2-sec.11","sectionType":"section","heading":"Rent—place of payment","content":"### sch.2-sec.11 Rent—place of payment\n\nWhere the rent must be paid.\nItem 11 is optional. See clause 8(6) to (8).","sortOrder":156},{"sectionNumber":"sch.2-sec.12","sectionType":"section","heading":"Rent—day of last increase","content":"### sch.2-sec.12 Rent—day of last increase\n\nThe day the rent was last increased—\nif the premises are in a moveable dwelling park—for the moveable dwelling, or its site, or both; or\notherwise—for the premises.\n- (a) if the premises are in a moveable dwelling park—for the moveable dwelling, or its site, or both; or\n- (b) otherwise—for the premises.","sortOrder":157},{"sectionNumber":"sch.2-sec.13","sectionType":"section","heading":"Rental bond","content":"### sch.2-sec.13 Rental bond\n\nThe amount of any rental bond.\nSee clause 13.","sortOrder":158},{"sectionNumber":"sch.2-sec.14","sectionType":"section","heading":"Services","content":"### sch.2-sec.14 Services\n\nAny services supplied to the premises for which the tenant must pay.\nelectricity, gas, sewerage and water\nSee clause 16.","sortOrder":159},{"sectionNumber":"sch.2-sec.15","sectionType":"section","heading":"Park rules","content":"### sch.2-sec.15 Park rules\n\nIf the premises are in a moveable dwelling park, whether there are park rules for the park.\nWhether the tenant has been given a copy of the park rules.\nSee clause 22.\n(sch.2-sec.15-ssec.15.1) If the premises are in a moveable dwelling park, whether there are park rules for the park.\n(sch.2-sec.15-ssec.15.2) Whether the tenant has been given a copy of the park rules. See clause 22.","sortOrder":160},{"sectionNumber":"sch.2-sec.16","sectionType":"section","heading":"Number of occupants","content":"### sch.2-sec.16 Number of occupants\n\nThe number of persons allowed to reside at the premises.\nSee clause 23.","sortOrder":161},{"sectionNumber":"sch.2-sec.17","sectionType":"section","heading":"Nominated repairers","content":"### sch.2-sec.17 Nominated repairers\n\nThe name and telephone number of the lessor’s nominated repairer for each of the following repairs—\nelectrical repairs;\nplumbing repairs;\nother repairs.\nWhether or not the nominated repairer is the tenant’s first point of contact for notifying of the need for emergency repairs.\nSee clause 32(4).\n(sch.2-sec.17-ssec.17.1) The name and telephone number of the lessor’s nominated repairer for each of the following repairs— electrical repairs; plumbing repairs; other repairs.\n(sch.2-sec.17-ssec.17.2) Whether or not the nominated repairer is the tenant’s first point of contact for notifying of the need for emergency repairs. See clause 32(4).\n- (a) electrical repairs;\n- (b) plumbing repairs;\n- (c) other repairs.","sortOrder":162},{"sectionNumber":"sch.2-sec.18","sectionType":"section","heading":"Pets","content":"### sch.2-sec.18 Pets\n\nThe type and number of any pets approved by the lessor to be kept at the premises.\nSee clauses 35 to 38.","sortOrder":163},{"sectionNumber":"sch.2-pt.2","sectionType":"part","heading":"Standard terms","content":"# Standard terms","sortOrder":164},{"sectionNumber":"sch.2-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":165},{"sectionNumber":"sch.2-sec.1-oc.2","sectionType":"section","heading":"Interpretation","content":"### sch.2-sec.1-oc.2 Interpretation\n\nIn this agreement—\na reference to the premises includes a reference to any inclusions for the premises stated in item 6.3; and\na reference to a numbered section is a reference to the section in the Residential Tenancies and Rooming Accommodation Act 2008 ( the Act ) with that number; and\na reference to a numbered item is a reference to the item with that number in part 1 of this agreement; and\na reference to a numbered clause is a reference to the clause of this agreement with that number.\nIn this agreement, unless the context otherwise requires—\nsite-only premises means moveable dwelling premises that consist only of the site where a moveable dwelling is, or is intended to be, situated.\n(sch.2-sec.1-oc.2-ssec.1) In this agreement— a reference to the premises includes a reference to any inclusions for the premises stated in item 6.3; and a reference to a numbered section is a reference to the section in the Residential Tenancies and Rooming Accommodation Act 2008 ( the Act ) with that number; and a reference to a numbered item is a reference to the item with that number in part 1 of this agreement; and a reference to a numbered clause is a reference to the clause of this agreement with that number.\n(sch.2-sec.1-oc.2-ssec.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.\n- (a) a reference to the premises includes a reference to any inclusions for the premises stated in item 6.3; and\n- (b) a reference to a numbered section is a reference to the section in the Residential Tenancies and Rooming Accommodation Act 2008 ( the Act ) with that number; and\n- (c) a reference to a numbered item is a reference to the item with that number in part 1 of this agreement; and\n- (d) a reference to a numbered clause is a reference to the clause of this agreement with that number.","sortOrder":166},{"sectionNumber":"sch.2-sec.2-oc.2","sectionType":"section","heading":"Terms of moveable dwelling tenancy agreement— ss 52 and 54 – 56","content":"### sch.2-sec.2-oc.2 Terms of moveable dwelling tenancy agreement— ss 52 and 54 – 56\n\nThis part states, under section 55 , the standard terms of a moveable dwelling tenancy agreement.\nThe Act also imposes duties on, and gives entitlements to, the lessor and tenant that are taken to be included as terms of this agreement.\nThe lessor and tenant may agree on other terms of this agreement ( special terms ).\nIf the premises are moveable dwelling premises in a moveable dwelling park stated in item 5 ( the park ), any park rules for the time being in force are taken to be terms of this agreement.\nA duty or entitlement under the Act overrides a standard term or special term if the term is inconsistent with the duty or entitlement.\nA standard term overrides a special term if they are inconsistent.\nSome breaches of this agreement may also be an offence under the Act , for example, if—\nA breach of this agreement may also be an offence under the Act .\nIt is an offence for the lessor or lessor’s agent to enter the premises in contravention of the rules of entry under sections 192 to 199 .\nIt is an offence if the tenant does not sign and return the condition report to the lessor or lessor’s agent under section 65 .\n(sch.2-sec.2-oc.2-ssec.1) This part states, under section 55 , the standard terms of a moveable dwelling tenancy agreement.\n(sch.2-sec.2-oc.2-ssec.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.\n(sch.2-sec.2-oc.2-ssec.3) The lessor and tenant may agree on other terms of this agreement ( special terms ).\n(sch.2-sec.2-oc.2-ssec.4) If the premises are moveable dwelling premises in a moveable dwelling park stated in item 5 ( the park ), any park rules for the time being in force are taken to be terms of this agreement.\n(sch.2-sec.2-oc.2-ssec.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.\n(sch.2-sec.2-oc.2-ssec.6) A standard term overrides a special term if they are inconsistent. Some breaches of this agreement may also be an offence under the Act , for example, if—\n(sch.2-sec.2-oc.2-ssec.7) A breach of this agreement may also be an offence under the Act . It is an offence for the lessor or lessor’s agent to enter the premises in contravention of the rules of entry under sections 192 to 199 . It is an offence if the tenant does not sign and return the condition report to the lessor or lessor’s agent under section 65 .\n- 1 It is an offence for the lessor or lessor’s agent to enter the premises in contravention of the rules of entry under sections 192 to 199 .\n- 2 It is an offence if the tenant does not sign and return the condition report to the lessor or lessor’s agent under section 65 .","sortOrder":167},{"sectionNumber":"sch.2-sec.3-oc.2","sectionType":"section","heading":"More than 1 lessor or tenant","content":"### sch.2-sec.3-oc.2 More than 1 lessor or tenant\n\nThis clause applies if more than 1 person is named in item 1 or 2.\nEach lessor named in item 1 must perform all of the lessor’s obligations under this agreement.\nEach tenant named in item 2—\nholds their interest in the tenancy—\nif a special term states the tenants are joint tenants—as a joint tenant; or\notherwise—as a tenant in common; and\nmust perform all of the tenant’s obligations under this agreement.\n(sch.2-sec.3-oc.2-ssec.1) This clause applies if more than 1 person is named in item 1 or 2.\n(sch.2-sec.3-oc.2-ssec.2) Each lessor named in item 1 must perform all of the lessor’s obligations under this agreement.\n(sch.2-sec.3-oc.2-ssec.3) Each tenant named in item 2— holds their interest in the tenancy— if a special term states the tenants are joint tenants—as a joint tenant; or otherwise—as a tenant in common; and must perform all of the tenant’s obligations under this agreement.\n- (a) holds their interest in the tenancy— (i) if a special term states the tenants are joint tenants—as a joint tenant; or (ii) otherwise—as a tenant in common; and\n- (i) if a special term states the tenants are joint tenants—as a joint tenant; or\n- (ii) otherwise—as a tenant in common; and\n- (b) must perform all of the tenant’s obligations under this agreement.\n- (i) if a special term states the tenants are joint tenants—as a joint tenant; or\n- (ii) otherwise—as a tenant in common; and","sortOrder":168},{"sectionNumber":"sch.2-pt.2-div.2","sectionType":"division","heading":"Entering tenancy","content":"## Entering tenancy","sortOrder":169},{"sectionNumber":"sch.2-sec.4-oc.2","sectionType":"section","heading":"Start of tenancy","content":"### sch.2-sec.4-oc.2 Start of tenancy\n\nThe tenancy starts on the day stated in item 7.2.\nHowever, 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.\n(sch.2-sec.4-oc.2-ssec.1) The tenancy starts on the day stated in item 7.2.\n(sch.2-sec.4-oc.2-ssec.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.","sortOrder":170},{"sectionNumber":"sch.2-sec.5-oc.2","sectionType":"section","heading":"Entry condition report— s 65","content":"### sch.2-sec.5-oc.2 Entry condition report— s 65\n\nThe lessor or lessor’s agent must prepare, in the approved form, and sign a condition report for the premises.\nA copy of the condition report must be given to the tenant on or before the day the tenant occupies the premises under this agreement.\nIf the tenant does not agree with the condition report, the tenant must mark the copy of the report in an appropriate way to show the parts the tenant disagrees with.\nThe tenant must sign and return the copy of the condition report to the lessor or lessor’s agent no later than 7 days after the later of the following days—\nthe day the tenant occupies the premises;\nthe day the tenant is given the copy of the condition report.\nAfter the copy of the condition report is returned to the lessor or lessor’s agent by the tenant, the lessor or lessor’s agent must make a copy of the condition report and return it to the tenant within 14 days.\nHowever, the lessor or lessor’s agent does not have to prepare a condition report for the premises if—\nthis agreement has the effect of continuing the tenant’s right to occupy the premises under an earlier residential tenancy agreement; and\nin accordance with the Act , a condition report was prepared for the premises for the earlier residential tenancy agreement.\nIf a condition report is not prepared for this agreement because subclause (6) applies, the condition report prepared for the earlier residential tenancy agreement is taken to be the condition report for this agreement.\n(sch.2-sec.5-oc.2-ssec.1) The lessor or lessor’s agent must prepare, in the approved form, and sign a condition report for the premises.\n(sch.2-sec.5-oc.2-ssec.2) A copy of the condition report must be given to the tenant on or before the day the tenant occupies the premises under this agreement.\n(sch.2-sec.5-oc.2-ssec.3) If the tenant does not agree with the condition report, the tenant must mark the copy of the report in an appropriate way to show the parts the tenant disagrees with.\n(sch.2-sec.5-oc.2-ssec.4) The tenant must sign and return the copy of the condition report to the lessor or lessor’s agent no later than 7 days after the later of the following days— the day the tenant occupies the premises; the day the tenant is given the copy of the condition report.\n(sch.2-sec.5-oc.2-ssec.5) After the copy of the condition report is returned to the lessor or lessor’s agent by the tenant, the lessor or lessor’s agent must make a copy of the condition report and return it to the tenant within 14 days.\n(sch.2-sec.5-oc.2-ssec.6) However, the lessor or lessor’s agent does not have to prepare a condition report for the premises if— this agreement has the effect of continuing the tenant’s right to occupy the premises under an earlier residential tenancy agreement; and in accordance with the Act , a condition report was prepared for the premises for the earlier residential tenancy agreement.\n(sch.2-sec.5-oc.2-ssec.7) If a condition report is not prepared for this agreement because subclause (6) applies, the condition report prepared for the earlier residential tenancy agreement is taken to be the condition report for this agreement.\n- (a) the day the tenant occupies the premises;\n- (b) the day the tenant is given the copy of the condition report.\n- (a) this agreement has the effect of continuing the tenant’s right to occupy the premises under an earlier residential tenancy agreement; and\n- (b) in accordance with the Act , a condition report was prepared for the premises for the earlier residential tenancy agreement.","sortOrder":171},{"sectionNumber":"sch.2-sec.6-oc.2","sectionType":"section","heading":"Continuation of fixed term agreement— s 70","content":"### sch.2-sec.6-oc.2 Continuation of fixed term agreement— s 70\n\nThis clause applies if—\nthis agreement is a fixed term agreement; and\nnone of the following notices are given, or agreements or applications made, before the day the term ends (the end day )—\na notice to leave;\na notice of intention to leave;\nan abandonment termination notice;\na notice, agreement or application relating to the death of a sole tenant under section 324A ;\na separate written agreement between the lessor and tenant under section 277 (a) to end this agreement.\nThis 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.\nFor more information about certain notices, see the information statement.\n(sch.2-sec.6-oc.2-ssec.1) This clause applies if— this agreement is a fixed term agreement; and none of the following notices are given, or agreements or applications made, before the day the term ends (the end day )— a notice to leave; a notice of intention to leave; an abandonment termination notice; a notice, agreement or application relating to the death of a sole tenant under section 324A ; a separate written agreement between the lessor and tenant under section 277 (a) to end this agreement.\n(sch.2-sec.6-oc.2-ssec.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. For more information about certain notices, see the information statement.\n- (a) this agreement is a fixed term agreement; and\n- (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 324A ; (v) a separate written agreement between the lessor and tenant under section 277 (a) to end this agreement.\n- (i) a notice to leave;\n- (ii) a notice of intention to leave;\n- (iii) an abandonment termination notice;\n- (iv) a notice, agreement or application relating to the death of a sole tenant under section 324A ;\n- (v) a separate written agreement between the lessor and tenant under section 277 (a) to end this agreement.\n- (i) a notice to leave;\n- (ii) a notice of intention to leave;\n- (iii) an abandonment termination notice;\n- (iv) a notice, agreement or application relating to the death of a sole tenant under section 324A ;\n- (v) a separate written agreement between the lessor and tenant under section 277 (a) to end this agreement.","sortOrder":172},{"sectionNumber":"sch.2-sec.7-oc.2","sectionType":"section","heading":"Costs apply to early ending of fixed term agreement— s 357A","content":"### sch.2-sec.7-oc.2 Costs apply to early ending of fixed term agreement— s 357A\n\nThis clause applies if—\nthis agreement is a fixed term agreement; and\nthe tenant ends this agreement before the term ends other than in a way permitted under the Act .\nThe tenant must pay the reletting costs under section 357A (3) .\nFor when the tenant may end this agreement early, see clause 46 and the information statement.\nThis clause does not apply if, after experiencing domestic violence, the tenant ends the tenant’s interest in this agreement under chapter 5 , part 1 , division 3 , subdivision 2A of the Act .\n(sch.2-sec.7-oc.2-ssec.1) This clause applies if— this agreement is a fixed term agreement; and the tenant ends this agreement before the term ends other than in a way permitted under the Act .\n(sch.2-sec.7-oc.2-ssec.2) The tenant must pay the reletting costs under section 357A (3) . For when the tenant may end this agreement early, see clause 46 and the information statement.\n(sch.2-sec.7-oc.2-ssec.3) This clause does not apply if, after experiencing domestic violence, the tenant ends the tenant’s interest in this agreement under chapter 5 , part 1 , division 3 , subdivision 2A of the Act .\n- (a) this agreement is a fixed term agreement; and\n- (b) the tenant ends this agreement before the term ends other than in a way permitted under the Act .","sortOrder":173},{"sectionNumber":"sch.2-pt.2-div.3","sectionType":"division","heading":"Rent","content":"## Rent","sortOrder":174},{"sectionNumber":"sch.2-sec.8-oc.2","sectionType":"section","heading":"When, how and where rent must be paid— ss 83 – 85","content":"### sch.2-sec.8-oc.2 When, how and where rent must be paid— ss 83 – 85\n\nSubject to clause 17, the tenant must pay the rent stated in item 8.\nThe rent must be paid on the days stated in item 9.\nThe rent must be paid—\nin a way stated in item 10; or\nUnder section 83 , at least 2 ways for the tenant to pay the rent must be stated in this agreement.\nin a way agreed after the signing of this agreement by—\nthe lessor or tenant giving the other party a notice proposing a way; and\nthe other party agreeing to the proposal in writing; or\nif the lessor or lessor’s agent intends to change the way rent is paid to a way that is not stated in item 10 and no way is agreed to after the signing of this agreement—in a way the lessor or lessor’s agent proposes by notice to the tenant under section 84A .\nThe lessor or lessor’s agent must give the tenant a notice advising of the costs associated with the ways to pay rent offered to the tenant that the tenant would not reasonably be aware of if the lessor or lessor’s agent knows or could reasonably be expected to find out about the costs.\nAlso, the lessor or lessor’s agent must declare any financial benefit the lessor or lessor’s agent may receive if the tenant uses a particular way to pay rent.\nIf a place is stated in item 11, the rent must be paid at the place.\nIf, after the signing of this agreement, the lessor gives a notice to the tenant stating a place, or a different place, for payment of rent and the place is reasonable, the rent must be paid at the place while the notice is in force.\nIf no place is stated in item 11 and there is no notice stating a place, the rent must be paid at an appropriate place.\nthe lessor’s address for service\nthe office of the lessor’s agent\n(sch.2-sec.8-oc.2-ssec.1) Subject to clause 17, the tenant must pay the rent stated in item 8.\n(sch.2-sec.8-oc.2-ssec.2) The rent must be paid on the days stated in item 9.\n(sch.2-sec.8-oc.2-ssec.3) The rent must be paid— in a way stated in item 10; or Under section 83 , at least 2 ways for the tenant to pay the rent must be stated in this agreement. in a way agreed after the signing of this agreement by— the lessor or tenant giving the other party a notice proposing a way; and the other party agreeing to the proposal in writing; or if the lessor or lessor’s agent intends to change the way rent is paid to a way that is not stated in item 10 and no way is agreed to after the signing of this agreement—in a way the lessor or lessor’s agent proposes by notice to the tenant under section 84A .\n(sch.2-sec.8-oc.2-ssec.4) The lessor or lessor’s agent must give the tenant a notice advising of the costs associated with the ways to pay rent offered to the tenant that the tenant would not reasonably be aware of if the lessor or lessor’s agent knows or could reasonably be expected to find out about the costs.\n(sch.2-sec.8-oc.2-ssec.5) Also, the lessor or lessor’s agent must declare any financial benefit the lessor or lessor’s agent may receive if the tenant uses a particular way to pay rent.\n(sch.2-sec.8-oc.2-ssec.6) If a place is stated in item 11, the rent must be paid at the place.\n(sch.2-sec.8-oc.2-ssec.7) If, after the signing of this agreement, the lessor gives a notice to the tenant stating a place, or a different place, for payment of rent and the place is reasonable, the rent must be paid at the place while the notice is in force.\n(sch.2-sec.8-oc.2-ssec.8) If no place is stated in item 11 and there is no notice stating a place, the rent must be paid at an appropriate place. the lessor’s address for service the office of the lessor’s agent\n- (a) in a way stated in item 10; or Note— Under section 83 , at least 2 ways for the tenant to pay the rent must be stated in this agreement.\n- (b) in a way agreed after the signing of this agreement by— (i) the lessor or tenant giving the other party a notice proposing a way; and (ii) the other party agreeing to the proposal in writing; or\n- (i) the lessor or tenant giving the other party a notice proposing a way; and\n- (ii) the other party agreeing to the proposal in writing; or\n- (c) if the lessor or lessor’s agent intends to change the way rent is paid to a way that is not stated in item 10 and no way is agreed to after the signing of this agreement—in a way the lessor or lessor’s agent proposes by notice to the tenant under section 84A .\n- (i) the lessor or tenant giving the other party a notice proposing a way; and\n- (ii) the other party agreeing to the proposal in writing; or\n- • the lessor’s address for service\n- • the office of the lessor’s agent","sortOrder":175},{"sectionNumber":"sch.2-sec.9-oc.2","sectionType":"section","heading":"Rent in advance— s 87","content":"### sch.2-sec.9-oc.2 Rent in advance— s 87\n\nThe lessor or lessor’s agent may require the tenant to pay rent in advance only if the payment is not more than 2 weeks rent.\nUnder section 87 (2) , the lessor or lessor’s agent must not require payment of rent under this agreement in a period for which rent has already been paid.","sortOrder":176},{"sectionNumber":"sch.2-sec.10-oc.2","sectionType":"section","heading":"Rent increases— ss 91 and 93","content":"### sch.2-sec.10-oc.2 Rent increases— ss 91 and 93\n\nIf the lessor proposes to increase the rent, the lessor must give notice of the proposal to the tenant.\nThe notice must state—\nthe amount of the increased rent; and\nthe day from when the rent is payable; and\nif the lessor is not an exempt lessor under the Act —the day the rent was last increased for the premises.\nThe day from when the increased rent is payable must not be earlier than the later of the following—\n2 months after the day the notice is given;\n12 months after the last rent increase for the premises in accordance with section 93 .\nSubject to an order of the tribunal, the increased rent is payable from the day stated in the notice, and this agreement is taken to be amended accordingly.\nHowever, the increased rent is payable by the tenant only if—\nthe rent is increased in compliance with this clause and the Act ; and\nthe increased rent is not payable earlier than 12 months after the last rent increase for the premises in accordance with section 93 ; and\nthe increase in rent does not relate to—\ncompliance of the premises with the prescribed minimum housing standards; or\nkeeping a pet or working dog at the premises.\nAlso, if this agreement is a fixed term agreement, the rent may not be increased before the term ends unless—\nthis agreement provides for the rent increase; and\nthis agreement states the amount of the increase or how the amount of the increase is to be worked out: and\nthe increase is made in compliance with the matters mentioned in paragraph (b) .\nThe period mentioned in subclauses (3)(b) and (5)(b) applies whether the last rent increase for the premises was for the dwelling, its site or both.\n(sch.2-sec.10-oc.2-ssec.1) If the lessor proposes to increase the rent, the lessor must give notice of the proposal to the tenant.\n(sch.2-sec.10-oc.2-ssec.2) The notice must state— the amount of the increased rent; and the day from when the rent is payable; and if the lessor is not an exempt lessor under the Act —the day the rent was last increased for the premises.\n(sch.2-sec.10-oc.2-ssec.3) The day from when the increased rent is payable must not be earlier than the later of the following— 2 months after the day the notice is given; 12 months after the last rent increase for the premises in accordance with section 93 .\n(sch.2-sec.10-oc.2-ssec.4) Subject to an order of the tribunal, the increased rent is payable from the day stated in the notice, and this agreement is taken to be amended accordingly.\n(sch.2-sec.10-oc.2-ssec.5) However, the increased rent is payable by the tenant only if— the rent is increased in compliance with this clause and the Act ; and the increased rent is not payable earlier than 12 months after the last rent increase for the premises in accordance with section 93 ; and the increase in rent does not relate to— compliance of the premises with the prescribed minimum housing standards; or keeping a pet or working dog at the premises.\n(sch.2-sec.10-oc.2-ssec.6) Also, if this agreement is a fixed term agreement, the rent may not be increased before the term ends unless— this agreement provides for the rent increase; and this agreement states the amount of the increase or how the amount of the increase is to be worked out: and the increase is made in compliance with the matters mentioned in paragraph (b) .\n(sch.2-sec.10-oc.2-ssec.7) The period mentioned in subclauses (3)(b) and (5)(b) applies whether the last rent increase for the premises was for the dwelling, its site or both.\n- (a) the amount of the increased rent; and\n- (b) the day from when the rent is payable; and\n- (c) if the lessor is not an exempt lessor under the Act —the day the rent was last increased for the premises.\n- (a) 2 months after the day the notice is given;\n- (b) 12 months after the last rent increase for the premises in accordance with section 93 .\n- (a) the rent is increased in compliance with this clause and the Act ; and\n- (b) the increased rent is not payable earlier than 12 months after the last rent increase for the premises in accordance with section 93 ; and\n- (c) the increase in rent does not relate to— (i) compliance of the premises with the prescribed minimum housing standards; or (ii) keeping a pet or working dog at the premises.\n- (i) compliance of the premises with the prescribed minimum housing standards; or\n- (ii) keeping a pet or working dog at the premises.\n- (i) compliance of the premises with the prescribed minimum housing standards; or\n- (ii) keeping a pet or working dog at the premises.\n- (a) this agreement provides for the rent increase; and\n- (b) this agreement states the amount of the increase or how the amount of the increase is to be worked out: and\n- (c) the increase is made in compliance with the matters mentioned in paragraph (b) .","sortOrder":177},{"sectionNumber":"sch.2-sec.11-oc.2","sectionType":"section","heading":"Application to tribunal about rent increase— s 92","content":"### sch.2-sec.11-oc.2 Application to tribunal about rent increase— s 92\n\nAfter the lessor gives the tenant notice of a proposed rent increase, the tenant may apply to the tribunal for an order reducing or setting aside the amount of the proposed increase if the tenant believes the increase—\nis excessive; or\nis not payable under clause 10.\nHowever, the application must be made—\nwithin 30 days after the tenant receives the notice; and\nif this agreement is a fixed term agreement—before the term of this agreement ends.\n(sch.2-sec.11-oc.2-ssec.1) After the lessor gives the tenant notice of a proposed rent increase, the tenant may apply to the tribunal for an order reducing or setting aside the amount of the proposed increase if the tenant believes the increase— is excessive; or is not payable under clause 10.\n(sch.2-sec.11-oc.2-ssec.2) However, the application must be made— within 30 days after the tenant receives the notice; and if this agreement is a fixed term agreement—before the term of this agreement ends.\n- (a) is excessive; or\n- (b) is not payable under clause 10.\n- (a) within 30 days after the tenant receives the notice; and\n- (b) if this agreement is a fixed term agreement—before the term of this agreement ends.","sortOrder":178},{"sectionNumber":"sch.2-sec.12-oc.2","sectionType":"section","heading":"Rent decreases— s 94","content":"### sch.2-sec.12-oc.2 Rent decreases— s 94\n\nUnder section 94 , the rent may decrease in certain situations.\nFor information about the situations, see the information statement.","sortOrder":179},{"sectionNumber":"sch.2-pt.2-div.4","sectionType":"division","heading":"Rental bond","content":"## Rental bond","sortOrder":180},{"sectionNumber":"sch.2-sec.13-oc.2","sectionType":"section","heading":"Rental bond required— ss 111 and 116","content":"### sch.2-sec.13-oc.2 Rental bond required— ss 111 and 116\n\nIf a rental bond is stated in item 13, the tenant must pay to the lessor or lessor’s agent the bond—\nif a special term requires the bond to be paid at a stated time—at the stated time; or\nif a special term requires the bond to be paid by instalments—by instalments; or\notherwise—when the tenant signs this agreement.\nThere is a maximum rental bond that may be required. See sections 112 (1) and 146 and the information statement.\nThe lessor or lessor’s agent must, within 10 days of receiving the rental 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.\nThe rental bond is intended to be available to financially protect the lessor if the tenant breaches this agreement.\nThe lessor may claim against the rental bond if the tenant does not leave the premises in the required condition at the end of the tenancy.\nFor how to apply to the authority or tribunal for the rental bond at the end of the tenancy, see sections 125 to 141 and the information statement.\n(sch.2-sec.13-oc.2-ssec.1) If a rental bond is stated in item 13, the tenant must pay to the lessor or lessor’s agent the bond— if a special term requires the bond to be paid at a stated time—at the stated time; or if a special term requires the bond to be paid by instalments—by instalments; or otherwise—when the tenant signs this agreement. There is a maximum rental bond that may be required. See sections 112 (1) and 146 and the information statement.\n(sch.2-sec.13-oc.2-ssec.2) The lessor or lessor’s agent must, within 10 days of receiving the rental 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.\n(sch.2-sec.13-oc.2-ssec.3) The rental bond is intended to be available to financially protect the lessor if the tenant breaches this agreement. The lessor may claim against the rental bond if the tenant does not leave the premises in the required condition at the end of the tenancy. For how to apply to the authority or tribunal for the rental bond at the end of the tenancy, see sections 125 to 141 and the information statement.\n- (a) if a special term requires the bond to be paid at a stated time—at the stated time; or\n- (b) if a special term requires the bond to be paid by instalments—by instalments; or\n- (c) otherwise—when the tenant signs this agreement.","sortOrder":181},{"sectionNumber":"sch.2-sec.14-oc.2","sectionType":"section","heading":"Increase in rental bond— s 154","content":"### sch.2-sec.14-oc.2 Increase in rental bond— s 154\n\nThe tenant must increase the rental bond if—\nthe rent increases and the lessor gives notice to the tenant to increase the bond; and\nthe notice is given at least 11 months after—\nthis agreement started; or\nif the bond has been increased previously, following a notice given under this clause—the day stated in the notice, or the last notice, for making the increase.\nThe notice must state the increased amount and a day by which the increase must be made.\nFor subclause (2), the day must be at least 1 month after the notice is given to the tenant.\n(sch.2-sec.14-oc.2-ssec.1) The tenant must increase the rental bond if— the rent increases and the lessor gives notice to the tenant to increase the bond; and the notice is given at least 11 months after— this agreement started; or if the bond has been increased previously, following a notice given under this clause—the day stated in the notice, or the last notice, for making the increase.\n(sch.2-sec.14-oc.2-ssec.2) The notice must state the increased amount and a day by which the increase must be made.\n(sch.2-sec.14-oc.2-ssec.3) For subclause (2), the day must be at least 1 month after the notice is given to the tenant.\n- (a) the rent increases and the lessor gives notice to the tenant to increase the bond; and\n- (b) the notice is given at least 11 months after— (i) this agreement started; or (ii) if the bond has been increased previously, following a notice given under this clause—the day stated in the notice, or the last notice, for making the increase.\n- (i) this agreement started; or\n- (ii) if the bond has been increased previously, following a notice given under this clause—the day stated in the notice, or the last notice, for making the increase.\n- (i) this agreement started; or\n- (ii) if the bond has been increased previously, following a notice given under this clause—the day stated in the notice, or the last notice, for making the increase.","sortOrder":182},{"sectionNumber":"sch.2-pt.2-div.5","sectionType":"division","heading":"Outgoings","content":"## Outgoings","sortOrder":183},{"sectionNumber":"sch.2-sec.15-oc.2","sectionType":"section","heading":"Outgoings— s 163","content":"### sch.2-sec.15-oc.2 Outgoings— s 163\n\nThe lessor must pay all charges, levies, premiums, rates or taxes for the premises, other than a service charge for the premises.\ncouncil general rates, sewerage charges, environment levies, land tax","sortOrder":184},{"sectionNumber":"sch.2-sec.16-oc.2","sectionType":"section","heading":"Service charges— ss 164 and 167","content":"### sch.2-sec.16-oc.2 Service charges— ss 164 and 167\n\nThe tenant must pay the service charge for a service supplied to the premises during the tenancy if—\nthe tenant enjoys or shares the benefit of the service; and\nthe service is stated in item 14; and\nthe premises are individually metered for the service.\nHowever, 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.\nIf 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.\nIf the supplier charges the lessor for the service—\nthe lessor must give the tenant copies of the relevant documents about the incurring of the amount of the charge within 4 weeks after the lessor receives the documents; and\nthe tenant must pay the amount of the charge to the lessor within 4 weeks after the lessor gives the tenant copies of the relevant documents.\nFor subclause (4)(b), the tenant is not required to pay an amount for the charge if the tenant has not received a copy of the relevant documents.\n(sch.2-sec.16-oc.2-ssec.1) The tenant must pay the service charge for a service supplied to the premises during the tenancy if— the tenant enjoys or shares the benefit of the service; and the service is stated in item 14; and the premises are individually metered for the service.\n(sch.2-sec.16-oc.2-ssec.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.\n(sch.2-sec.16-oc.2-ssec.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.\n(sch.2-sec.16-oc.2-ssec.4) If the supplier charges the lessor for the service— the lessor must give the tenant copies of the relevant documents about the incurring of the amount of the charge within 4 weeks after the lessor receives the documents; and the tenant must pay the amount of the charge to the lessor within 4 weeks after the lessor gives the tenant copies of the relevant documents.\n(sch.2-sec.16-oc.2-ssec.5) For subclause (4)(b), the tenant is not required to pay an amount for the charge if the tenant has not received a copy of the relevant documents.\n- (a) the tenant enjoys or shares the benefit of the service; and\n- (b) the service is stated in item 14; and\n- (c) the premises are individually metered for the service.\n- (a) the lessor must give the tenant copies of the relevant documents about the incurring of the amount of the charge within 4 weeks after the lessor receives the documents; and\n- (b) the tenant must pay the amount of the charge to the lessor within 4 weeks after the lessor gives the tenant copies of the relevant documents.","sortOrder":185},{"sectionNumber":"sch.2-sec.17-oc.2","sectionType":"section","heading":"Services for which rent is attributable that become unavailable— s 168","content":"### sch.2-sec.17-oc.2 Services for which rent is attributable that become unavailable— s 168\n\nThis clause applies if—\nthe tenant is not required to pay a service charge for a service the tenant enjoys or shares the benefit of; and\nthe service becomes unavailable for use by the tenant because of action taken by the lessor; and\nthe service is a service for which an amount of rent is attributable.\nThe rent payable under clause 8 is reduced from the day the service became unavailable.\nThe 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 the tribunal.\nIf 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—\neach service for which an amount of rent is attributable; and\nthe amount attributed to the service.\n(sch.2-sec.17-oc.2-ssec.1) This clause applies if— the tenant is not required to pay a service charge for a service the tenant enjoys or shares the benefit of; and the service becomes unavailable for use by the tenant because of action taken by the lessor; and the service is a service for which an amount of rent is attributable.\n(sch.2-sec.17-oc.2-ssec.2) The rent payable under clause 8 is reduced from the day the service became unavailable.\n(sch.2-sec.17-oc.2-ssec.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 the tribunal.\n(sch.2-sec.17-oc.2-ssec.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— each service for which an amount of rent is attributable; and the amount attributed to the service.\n- (a) the tenant is not required to pay a service charge for a service the tenant enjoys or shares the benefit of; and\n- (b) the service becomes unavailable for use by the tenant because of action taken by the lessor; and\n- (c) the service is a service for which an amount of rent is attributable.\n- (a) each service for which an amount of rent is attributable; and\n- (b) the amount attributed to the service.","sortOrder":186},{"sectionNumber":"sch.2-pt.2-div.6","sectionType":"division","heading":"Rights and obligations during tenancy","content":"## Rights and obligations during tenancy","sortOrder":187},{"sectionNumber":"sch.2-sec.18-oc.2","sectionType":"section","heading":"No legal impediments to occupation— s 181","content":"### sch.2-sec.18-oc.2 No legal impediments to occupation— s 181\n\nThe 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.\nif there is a mortgage over the premises, the lessor might need to obtain approval from the mortgagee before the tenancy can start\na certificate might be required under the Building Act 1975 before the premises can lawfully be occupied\nthe zoning of the land might prevent use of the land as a moveable dwelling park\n- • if there is a mortgage over the premises, the lessor might need to obtain approval from the mortgagee before the tenancy can start\n- • a certificate might be required under the Building Act 1975 before the premises can lawfully be occupied\n- • the zoning of the land might prevent use of the land as a moveable dwelling park","sortOrder":188},{"sectionNumber":"sch.2-sec.19","sectionType":"section","heading":"Vacant possession and quiet enjoyment— ss 182 and 183","content":"### sch.2-sec.19 Vacant possession and quiet enjoyment— ss 182 and 183\n\nThe 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.\nParts of the premises where the tenant does not have a right to occupy exclusively may be identified in a special term.\nThe lessor must take reasonable steps to ensure the tenant has quiet enjoyment of the premises.\nThe lessor or lessor’s agent must not interfere with the reasonable peace, comfort or privacy of the tenant in using the premises.\n(sch.2-sec.19-ssec.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. Parts of the premises where the tenant does not have a right to occupy exclusively may be identified in a special term.\n(sch.2-sec.19-ssec.2) The lessor must take reasonable steps to ensure the tenant has quiet enjoyment of the premises.\n(sch.2-sec.19-ssec.3) The lessor or lessor’s agent must not interfere with the reasonable peace, comfort or privacy of the tenant in using the premises.","sortOrder":189},{"sectionNumber":"sch.2-sec.20","sectionType":"section","heading":"Lessor’s right to enter the premises— ss 192 – 199","content":"### sch.2-sec.20 Lessor’s right to enter the premises— ss 192 – 199\n\nThe lessor or lessor’s agent may enter the premises during the tenancy only if the obligations under sections 192 to 199 have been complied with.\nUnder section 193 (4) , the lessor or lessor’s agent may enter the site of the moveable dwelling to carry out maintenance of the site without giving the notice of entry required by section 193 (1) if—\na 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\nthe entry is made in accordance with the special term.\nthe time and duration of the entry\nthe type of maintenance for which the entry is allowed\n(sch.2-sec.20-ssec.1) The lessor or lessor’s agent may enter the premises during the tenancy only if the obligations under sections 192 to 199 have been complied with.\n(sch.2-sec.20-ssec.2) Under section 193 (4) , the lessor or lessor’s agent may enter the site of the moveable dwelling to carry out maintenance of the site without giving the notice of entry required by section 193 (1) if— 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 the entry is made in accordance with the special term. the time and duration of the entry the type of maintenance for which the entry is allowed\n- (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\n- (b) the entry is made in accordance with the special term. Examples of conditions— • the time and duration of the entry • the type of maintenance for which the entry is allowed\n- • the time and duration of the entry\n- • the type of maintenance for which the entry is allowed\n- • the time and duration of the entry\n- • the type of maintenance for which the entry is allowed","sortOrder":190},{"sectionNumber":"sch.2-sec.21","sectionType":"section","heading":"Tenant’s use of premises— ss 10 and 184","content":"### sch.2-sec.21 Tenant’s use of premises— ss 10 and 184\n\nThe tenant may use the premises—\nonly as a place of residence; or\nmainly as a place of residence and for another use allowed under a special term.\nThe tenant must not—\nuse the premises for an illegal purpose; or\ncause a nuisance by the use of the premises; or\nusing paints or chemicals on the premises that go onto or cause odours on adjoining land or sites\nmaking loud noises\nallowing large amounts of water to escape onto adjoining land or sites\ninterfere with the reasonable peace, comfort or privacy of a neighbour of the tenant; or\nallow another person on the premises to interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant.\n(sch.2-sec.21-ssec.1) The tenant may use the premises— only as a place of residence; or mainly as a place of residence and for another use allowed under a special term.\n(sch.2-sec.21-ssec.2) The tenant must not— use the premises for an illegal purpose; or cause a nuisance by the use of the premises; or using paints or chemicals on the premises that go onto or cause odours on adjoining land or sites making loud noises allowing large amounts of water to escape onto adjoining land or sites interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant; or allow another person on the premises to interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant.\n- (a) only as a place of residence; or\n- (b) mainly as a place of residence and for another use allowed under a special term.\n- (a) use the premises for an illegal purpose; or\n- (b) cause a nuisance by the use of the premises; or Examples 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 • making loud noises • allowing large amounts of water to escape onto adjoining land or sites\n- • using paints or chemicals on the premises that go onto or cause odours on adjoining land or sites\n- • making loud noises\n- • allowing large amounts of water to escape onto adjoining land or sites\n- (c) interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant; or\n- (d) allow another person on the premises to interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant.\n- • using paints or chemicals on the premises that go onto or cause odours on adjoining land or sites\n- • making loud noises\n- • allowing large amounts of water to escape onto adjoining land or sites","sortOrder":191},{"sectionNumber":"sch.2-sec.22","sectionType":"section","heading":"Park rules— ss 52 , 68 and 228 – 236","content":"### sch.2-sec.22 Park rules— ss 52 , 68 and 228 – 236\n\nThis clause applies if the premises are moveable dwelling premises in a moveable dwelling park.\nThe 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.\nIf 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.\nThe tenant must comply with the park rules.\nThe tenant must comply with a changed park rule if the change has taken effect.\nSee sections 228 to 236 and the information statement for what park rules may be made about, how they may be changed and when a change takes effect.\nSubclause (2) does not apply if—\nthis agreement has the effect of continuing the tenant’s right to occupy the premises under an earlier residential tenancy agreement; and\nthe lessor gave the tenant a copy of the park rules in relation to the earlier agreement.\n(sch.2-sec.22-ssec.1) This clause applies if the premises are moveable dwelling premises in a moveable dwelling park.\n(sch.2-sec.22-ssec.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.\n(sch.2-sec.22-ssec.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.\n(sch.2-sec.22-ssec.4) The tenant must comply with the park rules.\n(sch.2-sec.22-ssec.5) The tenant must comply with a changed park rule if the change has taken effect. See sections 228 to 236 and the information statement for what park rules may be made about, how they may be changed and when a change takes effect.\n(sch.2-sec.22-ssec.6) Subclause (2) does not apply if— this agreement has the effect of continuing the tenant’s right to occupy the premises under an earlier residential tenancy agreement; and the lessor gave the tenant a copy of the park rules in relation to the earlier agreement.\n- (a) this agreement has the effect of continuing the tenant’s right to occupy the premises under an earlier residential tenancy agreement; and\n- (b) the lessor gave the tenant a copy of the park rules in relation to the earlier agreement.","sortOrder":192},{"sectionNumber":"sch.2-sec.23","sectionType":"section","heading":"Number of occupants allowed","content":"### sch.2-sec.23 Number of occupants allowed\n\nNo more than the number of persons stated in item 16 may reside at the premises.","sortOrder":193},{"sectionNumber":"sch.2-sec.24","sectionType":"section","heading":"Lessor’s obligations— ss 185 – 187","content":"### sch.2-sec.24 Lessor’s obligations— ss 185 – 187\n\nAt the start of the tenancy, the lessor must—\nif the premises are site-only premises—ensure the premises are clean and a fit site for a moveable dwelling; and\nif the premises are not site-only premises, ensure—\nthe premises are clean and fit for the tenant to live in and are in good repair; and\nthe lessor is not in breach of a law dealing with issues about the health or safety of persons using or entering the premises; and\nif the premises are moveable dwelling premises in a moveable dwelling park and the lessor is not a home owner for the premises, ensure—\nthe facilities in the moveable dwelling park are clean, fit for the tenant to use and in good repair; and\nthe lessor is not in breach of a law dealing with issues about the health or safety of persons using or entering the facilities; and\nensure the premises otherwise comply with any prescribed minimum housing standards applying to the premises.\nWhile the tenancy continues, the lessor must—\nif the premises are site-only premises—ensure the premises remain a fit site for a moveable dwelling; and\nif the premises are not site-only premises—\nmaintain the premises in good repair and in a way that the premises remain fit for the tenant to live in; and\nensure any law dealing with issues about the health or safety of persons using or entering the premises is complied with; and\nkeep any common area included in the premises clean; and\nif the premises are moveable dwelling premises in a moveable dwelling park and the lessor is not a home owner for the premises—\nkeep the facilities in the moveable dwelling park clean; and\nmaintain the facilities in good repair and in a way that the facilities remain fit for the tenant to use; and\nensure any law dealing with issues about the health or safety of persons using the facilities is complied with; and\nensure the premises otherwise comply with any prescribed minimum housing standards applying to the premises.\nFor information about the maintenance, see the information statement.\nIf the premises are site-only premises, the lessor may, while the tenancy continues, make any improvements to the premises the lessor considers appropriate.\nIn this clause—\npremises , other than site-only premises, include any common area available for use by the tenant with the premises.\n(sch.2-sec.24-ssec.1) At the start of the tenancy, the lessor must— if the premises are site-only premises—ensure the premises are clean and a fit site for a moveable dwelling; and if the premises are not site-only premises, ensure— the premises are clean and fit for the tenant to live in and are in good repair; and 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 if the premises are moveable dwelling premises in a moveable dwelling park and the lessor is not a home owner for the premises, ensure— the facilities in the moveable dwelling park are clean, fit for the tenant to use and in good repair; and 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 ensure the premises otherwise comply with any prescribed minimum housing standards applying to the premises.\n(sch.2-sec.24-ssec.2) While the tenancy continues, the lessor must— if the premises are site-only premises—ensure the premises remain a fit site for a moveable dwelling; and if the premises are not site-only premises— maintain the premises in good repair and in a way that the premises remain fit for the tenant to live in; and ensure any law dealing with issues about the health or safety of persons using or entering the premises is complied with; and keep any common area included in the premises clean; and if the premises are moveable dwelling premises in a moveable dwelling park and the lessor is not a home owner for the premises— keep the facilities in the moveable dwelling park clean; and maintain the facilities in good repair and in a way that the facilities remain fit for the tenant to use; and ensure any law dealing with issues about the health or safety of persons using the facilities is complied with; and ensure the premises otherwise comply with any prescribed minimum housing standards applying to the premises. For information about the maintenance, see the information statement.\n(sch.2-sec.24-ssec.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.\n(sch.2-sec.24-ssec.4) In this clause— premises , other than site-only premises, include any common area available for use by the tenant with the premises.\n- (a) if the premises are site-only premises—ensure the premises are clean and a fit site for a moveable dwelling; and\n- (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\n- (i) the premises are clean and fit for the tenant to live in and are in good repair; and\n- (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\n- (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\n- (i) the facilities in the moveable dwelling park are clean, fit for the tenant to use and in good repair; and\n- (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\n- (d) ensure the premises otherwise comply with any prescribed minimum housing standards applying to the premises.\n- (i) the premises are clean and fit for the tenant to live in and are in good repair; and\n- (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\n- (i) the facilities in the moveable dwelling park are clean, fit for the tenant to use and in good repair; and\n- (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\n- (a) if the premises are site-only premises—ensure the premises remain a fit site for a moveable dwelling; and\n- (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\n- (i) maintain the premises in good repair and in a way that the premises remain fit for the tenant to live in; and\n- (ii) ensure any law dealing with issues about the health or safety of persons using or entering the premises is complied with; and\n- (iii) keep any common area included in the premises clean; and\n- (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 any law dealing with issues about the health or safety of persons using the facilities is complied with; and\n- (i) keep the facilities in the moveable dwelling park clean; and\n- (ii) maintain the facilities in good repair and in a way that the facilities remain fit for the tenant to use; and\n- (iii) ensure any law dealing with issues about the health or safety of persons using the facilities is complied with; and\n- (d) ensure the premises otherwise comply with any prescribed minimum housing standards applying to the premises.\n- (i) maintain the premises in good repair and in a way that the premises remain fit for the tenant to live in; and\n- (ii) ensure any law dealing with issues about the health or safety of persons using or entering the premises is complied with; and\n- (iii) keep any common area included in the premises clean; and\n- (i) keep the facilities in the moveable dwelling park clean; and\n- (ii) maintain the facilities in good repair and in a way that the facilities remain fit for the tenant to use; and\n- (iii) ensure any law dealing with issues about the health or safety of persons using the facilities is complied with; and","sortOrder":194},{"sectionNumber":"sch.2-sec.25","sectionType":"section","heading":"Tenant’s obligations generally— ss 188 and 190","content":"### sch.2-sec.25 Tenant’s obligations generally— ss 188 and 190\n\nIf 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.\nThe tenant’s obligation under subclause (1) applies having regard to the condition of the premises at the start of the tenancy and any improvements made later by the lessor.\nIf the premises are not site-only premises, the tenant—\nmust keep the premises clean, having regard to their condition at the start of the tenancy; and\nmust not maliciously damage, or allow someone else to maliciously damage, the premises.\nHowever, the tenant’s obligations under subclause (3) 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 caused by an act of domestic violence experienced by the tenant.\n(sch.2-sec.25-ssec.1) 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.\n(sch.2-sec.25-ssec.2) The tenant’s obligation under subclause (1) applies having regard to the condition of the premises at the start of the tenancy and any improvements made later by the lessor.\n(sch.2-sec.25-ssec.3) If the premises are not site-only premises, the tenant— must keep the premises clean, having regard to their condition at the start of the tenancy; and must not maliciously damage, or allow someone else to maliciously damage, the premises.\n(sch.2-sec.25-ssec.4) However, the tenant’s obligations under subclause (3) 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 caused by an act of domestic violence experienced by the tenant.\n- (a) must keep the premises clean, having regard to their condition at the start of the tenancy; and\n- (b) must not maliciously damage, or allow someone else to maliciously damage, the premises.","sortOrder":195},{"sectionNumber":"sch.2-sec.26","sectionType":"section","heading":"Tenant’s obligations for facilities in moveable dwelling park— s 189","content":"### sch.2-sec.26 Tenant’s obligations for facilities in moveable dwelling park— s 189\n\nThis clause applies only to an agreement for moveable dwelling premises in a moveable dwelling park.\nThe tenant must not—\ndo anything to a facility in the park that makes the facility unfit for use or detracts from its appearance; or\nintentionally or negligently damage a facility in the park.\n(sch.2-sec.26-ssec.1) This clause applies only to an agreement for moveable dwelling premises in a moveable dwelling park.\n(sch.2-sec.26-ssec.2) The tenant must not— do anything to a facility in the park that makes the facility unfit for use or detracts from its appearance; or intentionally or negligently damage a facility in the park.\n- (a) do anything to a facility in the park that makes the facility unfit for use or detracts from its appearance; or\n- (b) intentionally or negligently damage a facility in the park.","sortOrder":196},{"sectionNumber":"sch.2-sec.27","sectionType":"section","heading":"Fixtures or structural changes— ss 207 – 209","content":"### sch.2-sec.27 Fixtures or structural changes— ss 207 – 209\n\nThe tenant may attach a fixture, or make a structural change, to the premises only if—\nthe tenant gives the lessor a request, in the approved form, for approval to attach the fixture or make the structural change; and\nthe lessor agrees to the request; and\nfor body corporate premises—the body corporate agrees to the request; and\nthe fixture is attached, or structural change is made, in accordance with the lessor’s agreement.\nFixtures are generally items permanently attached to land or to a building that are intended to become part of the land or building. Attaching a fixture may include, for example, gluing, nailing or screwing the fixture to a wall.\nThe lessor must—\ndecide the request—\nwithin 28 days after receiving the request; or\nif the premises are not body corporate premises—within a longer period, if agreed to by the tenant and lessor; and\nadvise the tenant of the lessor’s decision; and\nif the lessor agrees to the request and the premises are body corporate premises—\nstate that the lessor’s agreement is subject to agreement by the body corporate; and\ngive the request to the body corporate within 28 days after receiving the request; and\nadvise the tenant as soon as reasonably practicable of the body corporate’s decision about the request.\nA moveable dwelling park may be subject to local laws including, for example, local laws that provide for a local government to apply conditions to the park’s licence to operate. The conditions to the park’s licence to operate may limit the fixtures or structural changes that may be made to moveable dwelling premises in the moveable dwelling park.\nIf the lessor agrees to the request, the lessor must give the tenant an agreement that—\nis in writing; and\ndescribes the nature of the fixture or structural change; and\nstates any conditions of the agreement, including any conditions given by the body corporate.\nthat the tenant must maintain the fixture in a particular way\nthat the tenant must remove the fixture and must repair damage caused by removing the fixture\nthat the lessor must compensate the tenant for the fixture if the tenant can not remove it\nThe tenant must comply with any conditions of the agreement given by the lessor or body corporate.\nIn this clause—\nbody corporate premises means premises—\nthat are part of a body corporate scheme; and\nfor which, under a body corporate law or body corporate by-law, the approval of the body corporate is required for the attachment of a fixture, or the making of a structural change, to the premises.\n(sch.2-sec.27-ssec.1) The tenant may attach a fixture, or make a structural change, to the premises only if— the tenant gives the lessor a request, in the approved form, for approval to attach the fixture or make the structural change; and the lessor agrees to the request; and for body corporate premises—the body corporate agrees to the request; and the fixture is attached, or structural change is made, in accordance with the lessor’s agreement. Fixtures are generally items permanently attached to land or to a building that are intended to become part of the land or building. Attaching a fixture may include, for example, gluing, nailing or screwing the fixture to a wall.\n(sch.2-sec.27-ssec.2) The lessor must— decide the request— within 28 days after receiving the request; or if the premises are not body corporate premises—within a longer period, if agreed to by the tenant and lessor; and advise the tenant of the lessor’s decision; and if the lessor agrees to the request and the premises are body corporate premises— state that the lessor’s agreement is subject to agreement by the body corporate; and give the request to the body corporate within 28 days after receiving the request; and advise the tenant as soon as reasonably practicable of the body corporate’s decision about the request. A moveable dwelling park may be subject to local laws including, for example, local laws that provide for a local government to apply conditions to the park’s licence to operate. The conditions to the park’s licence to operate may limit the fixtures or structural changes that may be made to moveable dwelling premises in the moveable dwelling park.\n(sch.2-sec.27-ssec.3) If the lessor agrees to the request, the lessor must give the tenant an agreement that— is in writing; and describes the nature of the fixture or structural change; and states any conditions of the agreement, including any conditions given by the body corporate. that the tenant must maintain the fixture in a particular way that the tenant must remove the fixture and must repair damage caused by removing the fixture that the lessor must compensate the tenant for the fixture if the tenant can not remove it\n(sch.2-sec.27-ssec.4) The tenant must comply with any conditions of the agreement given by the lessor or body corporate.\n(sch.2-sec.27-ssec.5) In this clause— body corporate premises means premises— that are part of a body corporate scheme; and for which, under a body corporate law or body corporate by-law, the approval of the body corporate is required for the attachment of a fixture, or the making of a structural change, to the premises.\n- (a) the tenant gives the lessor a request, in the approved form, for approval to attach the fixture or make the structural change; and\n- (b) the lessor agrees to the request; and\n- (c) for body corporate premises—the body corporate agrees to the request; and\n- (d) the fixture is attached, or structural change is made, in accordance with the lessor’s agreement.\n- (a) decide the request— (i) within 28 days after receiving the request; or (ii) if the premises are not body corporate premises—within a longer period, if agreed to by the tenant and lessor; and\n- (i) within 28 days after receiving the request; or\n- (ii) if the premises are not body corporate premises—within a longer period, if agreed to by the tenant and lessor; and\n- (b) advise the tenant of the lessor’s decision; and\n- (c) if the lessor agrees to the request and the premises are body corporate premises— (i) state that the lessor’s agreement is subject to agreement by the body corporate; and (ii) give the request to the body corporate within 28 days after receiving the request; and (iii) advise the tenant as soon as reasonably practicable of the body corporate’s decision about the request.\n- (i) state that the lessor’s agreement is subject to agreement by the body corporate; and\n- (ii) give the request to the body corporate within 28 days after receiving the request; and\n- (iii) advise the tenant as soon as reasonably practicable of the body corporate’s decision about the request.\n- (i) within 28 days after receiving the request; or\n- (ii) if the premises are not body corporate premises—within a longer period, if agreed to by the tenant and lessor; and\n- (i) state that the lessor’s agreement is subject to agreement by the body corporate; and\n- (ii) give the request to the body corporate within 28 days after receiving the request; and\n- (iii) advise the tenant as soon as reasonably practicable of the body corporate’s decision about the request.\n- (a) is in writing; and\n- (b) describes the nature of the fixture or structural change; and\n- (c) states any conditions of the agreement, including any conditions given by the body corporate. Examples of conditions— • that the tenant must maintain the fixture in a particular way • that the tenant must remove the fixture and must repair damage caused by removing the fixture • that the lessor must compensate the tenant for the fixture if the tenant can not remove it\n- • that the tenant must maintain the fixture in a particular way\n- • that the tenant must remove the fixture and must repair damage caused by removing the fixture\n- • that the lessor must compensate the tenant for the fixture if the tenant can not remove it\n- • that the tenant must maintain the fixture in a particular way\n- • that the tenant must remove the fixture and must repair damage caused by removing the fixture\n- • that the lessor must compensate the tenant for the fixture if the tenant can not remove it\n- (a) that are part of a body corporate scheme; and\n- (b) for which, under a body corporate law or body corporate by-law, the approval of the body corporate is required for the attachment of a fixture, or the making of a structural change, to the premises.","sortOrder":197},{"sectionNumber":"sch.2-sec.28","sectionType":"section","heading":"Action by lessor for breach of lessor’s agreement about fixture or structural change— s 209A","content":"### sch.2-sec.28 Action by lessor for breach of lessor’s agreement about fixture or structural change— s 209A\n\nThis clause applies if—\nthe tenant attaches a fixture, or makes a structural change, to the premises; and\nthe lessor’s agreement is given under section 208 to attach the fixture or make the structural change; and\nthe tenant does not attach the fixture, or make the structural change, in accordance with the lessor’s agreement.\nThe lessor may—\ntake action for a breach of a term of this agreement; or\nwaive the breach and treat the fixture or structural change as an improvement to the premises for the lessor’s benefit.\n(sch.2-sec.28-ssec.1) This clause applies if— the tenant attaches a fixture, or makes a structural change, to the premises; and the lessor’s agreement is given under section 208 to attach the fixture or make the structural change; and the tenant does not attach the fixture, or make the structural change, in accordance with the lessor’s agreement.\n(sch.2-sec.28-ssec.2) The lessor may— take action for a breach of a term of this agreement; or waive the breach and treat the fixture or structural change as an improvement to the premises for the lessor’s benefit.\n- (a) the tenant attaches a fixture, or makes a structural change, to the premises; and\n- (b) the lessor’s agreement is given under section 208 to attach the fixture or make the structural change; and\n- (c) the tenant does not attach the fixture, or make the structural change, in accordance with the lessor’s agreement.\n- (a) take action for a breach of a term of this agreement; or\n- (b) waive the breach and treat the fixture or structural change as an improvement to the premises for the lessor’s benefit.","sortOrder":198},{"sectionNumber":"sch.2-sec.29","sectionType":"section","heading":"Supply of locks and keys— s 210","content":"### sch.2-sec.29 Supply of locks and keys— s 210\n\nThe lessor must supply and maintain all locks necessary to ensure the premises are reasonably secure.\nThe lessor must give the tenant, or if there is more than 1 tenant, give 1 of the tenants, a key for each lock that—\nsecures an entry to the premises; or\nsecures a road or other place normally used to gain access to, or leave, the area or building in which the premises are situated; or\nis part of the premises.\nIf 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).\n(sch.2-sec.29-ssec.1) The lessor must supply and maintain all locks necessary to ensure the premises are reasonably secure.\n(sch.2-sec.29-ssec.2) The lessor must give the tenant, or if there is more than 1 tenant, give 1 of the tenants, a key for each lock that— secures an entry to the premises; or 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 is part of the premises.\n(sch.2-sec.29-ssec.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).\n- (a) secures an entry to the premises; or\n- (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\n- (c) is part of the premises.","sortOrder":199},{"sectionNumber":"sch.2-sec.30","sectionType":"section","heading":"Changing locks— ss 211 and 212","content":"### sch.2-sec.30 Changing locks— ss 211 and 212\n\nThe lessor or tenant may change a lock at the premises only if—\nthe other party to this agreement agrees to the change; or\nthe lessor or tenant has a reasonable excuse for making the change; or\nthe lessor or tenant believes the change is necessary because of an emergency; or\nthe lock is changed to comply with an order of the tribunal.\nHowever, the tenant may also change a lock at the premises if the tenant—\nbelieves the change is necessary to protect the tenant or another occupant of the premises from domestic violence; and\nengages a locksmith or other qualified tradesperson to change the lock.\nThe lessor or tenant must not act unreasonably in failing to agree to the change of a lock.\nIf 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—\nthe other party agrees to not being given the key; or\nthe tribunal orders that the key not be given to the other party.\nIf 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.\nThe right of the lessor or tenant to change a lock under this clause is subject to a body corporate law or a body corporate by-law that applies to the premises.\n(sch.2-sec.30-ssec.1) The lessor or tenant may change a lock at the premises only if— the other party to this agreement agrees to the change; or the lessor or tenant has a reasonable excuse for making the change; or the lessor or tenant believes the change is necessary because of an emergency; or the lock is changed to comply with an order of the tribunal.\n(sch.2-sec.30-ssec.2) However, the tenant may also change a lock at the premises if the tenant— believes the change is necessary to protect the tenant or another occupant of the premises from domestic violence; and engages a locksmith or other qualified tradesperson to change the lock.\n(sch.2-sec.30-ssec.3) The lessor or tenant must not act unreasonably in failing to agree to the change of a lock.\n(sch.2-sec.30-ssec.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— the other party agrees to not being given the key; or the tribunal orders that the key not be given to the other party.\n(sch.2-sec.30-ssec.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.\n(sch.2-sec.30-ssec.6) The right of the lessor or tenant to change a lock under this clause is subject to a body corporate law or a body corporate by-law that applies to the premises.\n- (a) the other party to this agreement agrees to the change; or\n- (b) the lessor or tenant has a reasonable excuse for making the change; or\n- (c) the lessor or tenant believes the change is necessary because of an emergency; or\n- (d) the lock is changed to comply with an order of the tribunal.\n- (a) believes the change is necessary to protect the tenant or another occupant of the premises from domestic violence; and\n- (b) engages a locksmith or other qualified tradesperson to change the lock.\n- (a) the other party agrees to not being given the key; or\n- (b) the tribunal orders that the key not be given to the other party.","sortOrder":200},{"sectionNumber":"sch.2-sec.31","sectionType":"section","heading":"Meaning of emergency and routine repairs— ss 214 and 215","content":"### sch.2-sec.31 Meaning of emergency and routine repairs— ss 214 and 215\n\nEmergency repairs are works needed to repair any of the following—\na burst water service or serious water service leak;\na blocked or broken lavatory system;\na serious roof leak;\na gas leak;\na dangerous electrical fault;\nflooding or serious flood damage;\nserious storm, fire or impact damage;\na failure or breakdown of the gas, electricity or water supply to the premises;\na failure or breakdown of an essential service or appliance on the premises for hot water, cooking or heating;\na fault or damage that makes the premises unsafe or insecure;\na fault or damage likely to injure a person, damage property or unduly inconvenience a tenant of the premises;\na serious fault in a staircase, lift or other common area of the premises that unduly inconveniences a tenant in gaining access to, or using, the premises.\nAlso, emergency repairs are works needed for the premises to comply with the prescribed minimum housing standards.\nRoutine repairs are repairs that are not emergency repairs.\n(sch.2-sec.31-ssec.1) Emergency repairs are works needed to repair any of the following— a burst water service or serious water service leak; a blocked or broken lavatory system; a serious roof leak; a gas leak; a dangerous electrical fault; flooding or serious flood damage; serious storm, fire or impact damage; a failure or breakdown of the gas, electricity or water supply to the premises; a failure or breakdown of an essential service or appliance on the premises for hot water, cooking or heating; a fault or damage that makes the premises unsafe or insecure; a fault or damage likely to injure a person, damage property or unduly inconvenience a tenant of the premises; a serious fault in a staircase, lift or other common area of the premises that unduly inconveniences a tenant in gaining access to, or using, the premises.\n(sch.2-sec.31-ssec.2) Also, emergency repairs are works needed for the premises to comply with the prescribed minimum housing standards.\n(sch.2-sec.31-ssec.3) Routine repairs are repairs that are not emergency repairs.\n- (a) a burst water service or serious water service leak;\n- (b) a blocked or broken lavatory system;\n- (c) a serious roof leak;\n- (d) a gas leak;\n- (e) a dangerous electrical fault;\n- (f) flooding or serious flood damage;\n- (g) serious storm, fire or impact damage;\n- (h) a failure or breakdown of the gas, electricity or water supply to the premises;\n- (i) a failure or breakdown of an essential service or appliance on the premises for hot water, cooking or heating;\n- (j) a fault or damage that makes the premises unsafe or insecure;\n- (k) a fault or damage likely to injure a person, damage property or unduly inconvenience a tenant of the premises;\n- (l) a serious fault in a staircase, lift or other common area of the premises that unduly inconveniences a tenant in gaining access to, or using, the premises.","sortOrder":201},{"sectionNumber":"sch.2-sec.32","sectionType":"section","heading":"Nominated repairer for emergency repairs— s 216","content":"### sch.2-sec.32 Nominated repairer for emergency repairs— s 216\n\nThe lessor’s nominated repairer for emergency repairs of a particular type must be stated either—\nin item 17; or\nin a notice given by the lessor to the tenant.\nThe notice must state—\nthe name and telephone number of the nominated repairer; and\nwhether or not the nominated repairer is the tenant’s first point of contact for notifying of the need for emergency repairs.\nThe lessor must give notice to the tenant of any change of the lessor’s nominated repairer or the telephone number of the nominated repairer.\nThis clause does not apply if—\nthe lessor has given the tenant a telephone number of the lessor; and\nthe lessor gives notice to the tenant that the lessor is to arrange for emergency repairs to be made to the premises.\n(sch.2-sec.32-ssec.1) The lessor’s nominated repairer for emergency repairs of a particular type must be stated either— in item 17; or in a notice given by the lessor to the tenant.\n(sch.2-sec.32-ssec.2) The notice must state— the name and telephone number of the nominated repairer; and whether or not the nominated repairer is the tenant’s first point of contact for notifying of the need for emergency repairs.\n(sch.2-sec.32-ssec.3) The lessor must give notice to the tenant of any change of the lessor’s nominated repairer or the telephone number of the nominated repairer.\n(sch.2-sec.32-ssec.4) This clause does not apply if— the lessor has given the tenant a telephone number of the lessor; and the lessor gives notice to the tenant that the lessor is to arrange for emergency repairs to be made to the premises.\n- (a) in item 17; or\n- (b) in a notice given by the lessor to the tenant.\n- (a) the name and telephone number of the nominated repairer; and\n- (b) whether or not the nominated repairer is the tenant’s first point of contact for notifying of the need for emergency repairs.\n- (a) the lessor has given the tenant a telephone number of the lessor; and\n- (b) the lessor gives notice to the tenant that the lessor is to arrange for emergency repairs to be made to the premises.","sortOrder":202},{"sectionNumber":"sch.2-sec.33","sectionType":"section","heading":"Notice of damage— s 217","content":"### sch.2-sec.33 Notice of damage— s 217\n\nIf the tenant knows the premises have been damaged, the tenant must give notice as soon as practicable of the damage.\nIf the premises need routine repairs, the notice must be given to the lessor.\nIf the premises need emergency repairs, the notice must be given to the lessor if—\nthere is no nominated repairer for the repairs; or\na nominated repairer for the repairs is not the tenant’s first point of contact; or\na nominated repairer for the repairs is the tenant’s first point of contact but the tenant has been unable to contact the repairer after making reasonable efforts.\nIf the premises need emergency repairs and there is a nominated repairer of the lessor for the repairs, the notice must be given to the repairer if—\nthe repairer is the tenant’s first point of contact; or\nthe repairer is not the tenant’s first point of contact but the tenant has been unable to contact the lessor after making reasonable efforts.\nDespite clause 54, a notice under this clause does not need to be written.\nThis clause does not apply to the tenant for damage caused by an act of domestic violence experienced by the tenant.\n(sch.2-sec.33-ssec.1) If the tenant knows the premises have been damaged, the tenant must give notice as soon as practicable of the damage.\n(sch.2-sec.33-ssec.2) If the premises need routine repairs, the notice must be given to the lessor.\n(sch.2-sec.33-ssec.3) If the premises need emergency repairs, the notice must be given to the lessor if— there is no nominated repairer for the repairs; or a nominated repairer for the repairs is not the tenant’s first point of contact; or a nominated repairer for the repairs is the tenant’s first point of contact but the tenant has been unable to contact the repairer after making reasonable efforts.\n(sch.2-sec.33-ssec.4) If the premises need emergency repairs and there is a nominated repairer of the lessor for the repairs, the notice must be given to the repairer if— the repairer is the tenant’s first point of contact; or the repairer is not the tenant’s first point of contact but the tenant has been unable to contact the lessor after making reasonable efforts.\n(sch.2-sec.33-ssec.5) Despite clause 54, a notice under this clause does not need to be written.\n(sch.2-sec.33-ssec.6) This clause does not apply to the tenant for damage caused by an act of domestic violence experienced by the tenant.\n- (a) there is no nominated repairer for the repairs; or\n- (b) a nominated repairer for the repairs is not the tenant’s first point of contact; or\n- (c) a nominated repairer for the repairs is the tenant’s first point of contact but the tenant has been unable to contact the repairer after making reasonable efforts.\n- (a) the repairer is the tenant’s first point of contact; or\n- (b) the repairer is not the tenant’s first point of contact but the tenant has been unable to contact the lessor after making reasonable efforts.","sortOrder":203},{"sectionNumber":"sch.2-sec.34","sectionType":"section","heading":"Emergency repairs arranged by tenant— ss 218 and 219","content":"### sch.2-sec.34 Emergency repairs arranged by tenant— ss 218 and 219\n\nThe tenant may arrange for a suitably qualified person to make emergency repairs of the premises or apply to the tribunal under section 221 for orders about the repairs if—\nthe tenant has been unable to notify the lessor or nominated repairer of the need for the repairs; or\nthe repairs are not made within a reasonable time after notice is given.\nSection 219A also provides that the lessor’s agent may arrange for emergency repairs.\nThe 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.\nFor how the tenant may require reimbursement for the repairs, see sections 219 (2) and (3) and 220 and the information statement.\n(sch.2-sec.34-ssec.1) The tenant may arrange for a suitably qualified person to make emergency repairs of the premises or apply to the tribunal under section 221 for orders about the repairs if— the tenant has been unable to notify the lessor or nominated repairer of the need for the repairs; or the repairs are not made within a reasonable time after notice is given. Section 219A also provides that the lessor’s agent may arrange for emergency repairs.\n(sch.2-sec.34-ssec.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. For how the tenant may require reimbursement for the repairs, see sections 219 (2) and (3) and 220 and the information statement.\n- (a) the tenant has been unable to notify the lessor or nominated repairer of the need for the repairs; or\n- (b) the repairs are not made within a reasonable time after notice is given.","sortOrder":204},{"sectionNumber":"sch.2-sec.35","sectionType":"section","heading":"Keeping pets and other animals at premises— ss 184B and 184G","content":"### sch.2-sec.35 Keeping pets and other animals at premises— ss 184B and 184G\n\nThe tenant may keep a pet or other animal at the premises only with the approval of the lessor.\nHowever, the tenant may keep a working dog at the premises without the lessor’s approval.\nThe 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 18.\nIf item 18 states 2 cats, the tenant is approved by the lessor to keep up to 2 cats at the premises.\nFor additional approvals to keep a pet at the premises, see clause 37.\nAn authorisation to keep a 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—\nthe ending of this agreement, if the tenant continues occupying the premises under a new agreement;\na change in the lessor or lessor’s agent;\nfor a working dog—the retirement of the dog from the service the dog provided as a working dog.\nAn 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.\nThe premises may be subject to a local law that limits the number or types of animals that may be kept at the premises.\nThe premises may be subject to park rules about the keeping of pets at the premises.\n(sch.2-sec.35-ssec.1) The tenant may keep a pet or other animal at the premises only with the approval of the lessor.\n(sch.2-sec.35-ssec.2) However, the tenant may keep a working dog at the premises without the lessor’s approval.\n(sch.2-sec.35-ssec.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 18. If item 18 states 2 cats, the tenant is approved by the lessor to keep up to 2 cats at the premises. For additional approvals to keep a pet at the premises, see clause 37.\n(sch.2-sec.35-ssec.4) An authorisation to keep a 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— the ending of this agreement, if the tenant continues occupying the premises under a new agreement; a change in the lessor or lessor’s agent; for a working dog—the retirement of the dog from the service the dog provided as a working dog.\n(sch.2-sec.35-ssec.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. The premises may be subject to a local law that limits the number or types of animals that may be kept at the premises. The premises may be subject to park rules about the keeping of pets at the premises.\n- 1 If item 18 states 2 cats, the tenant is approved by the lessor to keep up to 2 cats at the premises.\n- 2 For additional approvals to keep a pet at the premises, see clause 37.\n- (a) the ending of this agreement, if the tenant continues occupying the premises under a new agreement;\n- (b) a change in the lessor or lessor’s agent;\n- (c) for a working dog—the retirement of the dog from the service the dog provided as a working dog.\n- 1 The premises may be subject to a local law that limits the number or types of animals that may be kept at the premises.\n- 2 The premises may be subject to park rules about the keeping of pets at the premises.","sortOrder":205},{"sectionNumber":"sch.2-sec.36","sectionType":"section","heading":"Tenant responsible for pets and other animals— s 184C","content":"### sch.2-sec.36 Tenant responsible for pets and other animals— s 184C\n\nThe 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.\nThe tenant is responsible for repairing any damage to the premises caused by the pet or other animal.\nDamage to the premises caused by the pet or other animal is not fair wear and tear.\n(sch.2-sec.36-ssec.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.\n(sch.2-sec.36-ssec.2) The tenant is responsible for repairing any damage to the premises caused by the pet or other animal.\n(sch.2-sec.36-ssec.3) Damage to the premises caused by the pet or other animal is not fair wear and tear.","sortOrder":206},{"sectionNumber":"sch.2-sec.37","sectionType":"section","heading":"Request for approval to keep pet— ss 184D and 184E","content":"### sch.2-sec.37 Request for approval to keep pet— ss 184D and 184E\n\nThe tenant may, using the approved form, request the lessor’s approval to keep a stated pet at the premises.\nThe lessor must respond to the tenant’s request within 14 days after receiving the request.\nThe lessor’s response to the request must be in writing and state—\nwhether the lessor approves or refuses the tenant’s request; and\nif the lessor approves the tenant’s request subject to conditions—the conditions of the approval; and\nSee clause 38 for limitations on conditions of approval to keep a pet at the premises.\nif the lessor refuses the tenant’s request—\nthe grounds for the refusal; and\nthe reasons the lessor believes the grounds for the refusal apply to the request.\nThe lessor may refuse the request for approval to keep a pet at the premises only on 1 or more of the following grounds—\nkeeping the pet would exceed a reasonable number of animals being kept at the premises;\nthe 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;\nkeeping the pet is likely to cause damage to the premises that could not practicably be repaired for a cost that is less than the amount of the rental bond for the premises;\nkeeping the pet would pose an unacceptable risk to the health and safety of a person, including, for example, because the pet is venomous;\nkeeping the pet would contravene a law;\nkeeping the pet would contravene a body corporate by-law or park rule applying to the premises;\nif the lessor proposed reasonable conditions for approval and the conditions comply with clause 38—the tenant has not agreed to the conditions;\nthe animal stated in the request is not a pet as defined in section 184A ;\nkeeping the pet would contravene a condition of a licence applying to the moveable dwelling premises;\nanother ground prescribed by a regulation under section 184E (1) (j) .\nThe lessor is taken to approve the keeping of the pet at the premises if—\nthe lessor does not comply with subclause (2); or\nthe lessor’s response does not comply with subclause (3).\n(sch.2-sec.37-ssec.1) The tenant may, using the approved form, request the lessor’s approval to keep a stated pet at the premises.\n(sch.2-sec.37-ssec.2) The lessor must respond to the tenant’s request within 14 days after receiving the request.\n(sch.2-sec.37-ssec.3) The lessor’s response to the request must be in writing and state— whether the lessor approves or refuses the tenant’s request; and if the lessor approves the tenant’s request subject to conditions—the conditions of the approval; and See clause 38 for limitations on conditions of approval to keep a pet at the premises. if the lessor refuses the tenant’s request— the grounds for the refusal; and the reasons the lessor believes the grounds for the refusal apply to the request.\n(sch.2-sec.37-ssec.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— keeping the pet would exceed a reasonable number of animals being kept at the premises; 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; keeping the pet is likely to cause damage to the premises that could not practicably be repaired for a cost that is less than the amount of the rental bond for the premises; keeping the pet would pose an unacceptable risk to the health and safety of a person, including, for example, because the pet is venomous; keeping the pet would contravene a law; keeping the pet would contravene a body corporate by-law or park rule applying to the premises; if the lessor proposed reasonable conditions for approval and the conditions comply with clause 38—the tenant has not agreed to the conditions; the animal stated in the request is not a pet as defined in section 184A ; keeping the pet would contravene a condition of a licence applying to the moveable dwelling premises; another ground prescribed by a regulation under section 184E (1) (j) .\n(sch.2-sec.37-ssec.5) The lessor is taken to approve the keeping of the pet at the premises if— the lessor does not comply with subclause (2); or the lessor’s response does not comply with subclause (3).\n- (a) whether the lessor approves or refuses the tenant’s request; and\n- (b) if the lessor approves the tenant’s request subject to conditions—the conditions of the approval; and Note— See clause 38 for limitations on conditions of approval to keep a pet at the premises.\n- (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.\n- (i) the grounds for the refusal; and\n- (ii) the reasons the lessor believes the grounds for the refusal apply to the request.\n- (i) the grounds for the refusal; and\n- (ii) the reasons the lessor believes the grounds for the refusal apply to the request.\n- (a) keeping the pet would exceed a reasonable number of animals being kept at the premises;\n- (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;\n- (c) keeping the pet is likely to cause damage to the premises that could not practicably be repaired for a cost that is less than the amount of the rental bond for the premises;\n- (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;\n- (e) keeping the pet would contravene a law;\n- (f) keeping the pet would contravene a body corporate by-law or park rule applying to the premises;\n- (g) if the lessor proposed reasonable conditions for approval and the conditions comply with clause 38—the tenant has not agreed to the conditions;\n- (h) the animal stated in the request is not a pet as defined in section 184A ;\n- (i) keeping the pet would contravene a condition of a licence applying to the moveable dwelling premises;\n- (j) another ground prescribed by a regulation under section 184E (1) (j) .\n- (a) the lessor does not comply with subclause (2); or\n- (b) the lessor’s response does not comply with subclause (3).","sortOrder":207},{"sectionNumber":"sch.2-sec.38","sectionType":"section","heading":"Conditions for approval to keep pet at premises— s 184F","content":"### sch.2-sec.38 Conditions for approval to keep pet at premises— s 184F\n\nThe lessor’s approval to keep a pet at the premises may be subject to conditions if the conditions—\nrelate only to keeping the pet at the premises; and\nare reasonable having regard to the type of pet and the nature of the premises; and\nare stated in the written approval given to the tenant under clause 37(3).\nWithout limiting subclause (1)(b), the following conditions of the lessor’s approval are taken to be reasonable—\nif the pet is not a type of pet ordinarily kept inside—a condition requiring the pet to be kept outside at the premises;\nif 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;\nif the pet is allowed inside the premises—a condition requiring carpets in the premises to be professionally cleaned at the end of the tenancy.\nA condition of the lessor’s approval to keep a pet at the premises is void if the condition—\nwould have the effect of the lessor contravening section 171 or 172 ; or\nwould, as a term of this agreement, be void under section 173 ; or\nwould increase the rent or rental bond payable by the tenant; or\nwould require any form of security from the tenant.\nFor subclause (2), the premises are professionally fumigated, and carpets are professionally cleaned, if the fumigation and cleaning are done to a standard ordinarily achieved by businesses selling those services.\n(sch.2-sec.38-ssec.1) The lessor’s approval to keep a pet at the premises may be subject to conditions if the conditions— relate only to keeping the pet at the premises; and are reasonable having regard to the type of pet and the nature of the premises; and are stated in the written approval given to the tenant under clause 37(3).\n(sch.2-sec.38-ssec.2) Without limiting subclause (1)(b), the following conditions of the lessor’s approval are taken to be reasonable— if the pet is not a type of pet ordinarily kept inside—a condition requiring the pet to be kept outside at the premises; 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; 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.\n(sch.2-sec.38-ssec.3) A condition of the lessor’s approval to keep a pet at the premises is void if the condition— would have the effect of the lessor contravening section 171 or 172 ; or would, as a term of this agreement, be void under section 173 ; or would increase the rent or rental bond payable by the tenant; or would require any form of security from the tenant.\n(sch.2-sec.38-ssec.4) For subclause (2), the premises are professionally fumigated, and carpets are professionally cleaned, if the fumigation and cleaning are done to a standard ordinarily achieved by businesses selling those services.\n- (a) relate only to keeping the pet at the premises; and\n- (b) are reasonable having regard to the type of pet and the nature of the premises; and\n- (c) are stated in the written approval given to the tenant under clause 37(3).\n- (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;\n- (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;\n- (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.\n- (a) would have the effect of the lessor contravening section 171 or 172 ; or\n- (b) would, as a term of this agreement, be void under section 173 ; or\n- (c) would increase the rent or rental bond payable by the tenant; or\n- (d) would require any form of security from the tenant.","sortOrder":208},{"sectionNumber":"sch.2-pt.2-div.7","sectionType":"division","heading":"Restrictions on transfer or subletting by tenant","content":"## Restrictions on transfer or subletting by tenant","sortOrder":209},{"sectionNumber":"sch.2-sec.39","sectionType":"section","heading":"General— ss 238 and 240","content":"### sch.2-sec.39 General— ss 238 and 240\n\nSubject to clause 40, the tenant may transfer all or a part of the tenant’s interest under this agreement, or sublet the premises, only if—\nthe lessor agrees in writing to the transfer or subletting; or\nthe transfer or subletting is made under an order of the tribunal.\nThe lessor must act reasonably in failing to agree to the transfer or subletting.\nThe lessor is taken to act unreasonably in failing to agree to the transfer or subletting if the lessor acts in a capricious or retaliatory way.\nThe lessor or lessor’s agent must not require the tenant to pay, or accept from the tenant, an amount for the lessor’s agreement to a transfer or subletting by the tenant, other than an amount for the reasonable expenses incurred by the lessor in agreeing to the transfer or subletting.\n(sch.2-sec.39-ssec.1) Subject to clause 40, the tenant may transfer all or a 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; or the transfer or subletting is made under an order of the tribunal.\n(sch.2-sec.39-ssec.2) The lessor must act reasonably in failing to agree to the transfer or subletting.\n(sch.2-sec.39-ssec.3) The lessor is taken to act unreasonably in failing to agree to the transfer or subletting if the lessor acts in a capricious or retaliatory way.\n(sch.2-sec.39-ssec.4) The lessor or lessor’s agent must not require the tenant to pay, or accept from the tenant, an amount for the lessor’s agreement to a transfer or subletting by the tenant, other than an amount for the reasonable expenses incurred by the lessor in agreeing to the transfer or subletting.\n- (a) the lessor agrees in writing to the transfer or subletting; or\n- (b) the transfer or subletting is made under an order of the tribunal.","sortOrder":210},{"sectionNumber":"sch.2-sec.40","sectionType":"section","heading":"State assisted lessors or employees of lessor— s 237","content":"### sch.2-sec.40 State assisted lessors or employees of lessor— s 237\n\nThis clause applies if—\nthe lessor is an entity receiving assistance from the State to supply rented accommodation; or\nthe tenant’s right to occupy the premises is given under the tenant’s terms of employment.\nThe 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.\n(sch.2-sec.40-ssec.1) This clause applies if— the lessor is an entity receiving assistance from the State to supply rented accommodation; or the tenant’s right to occupy the premises is given under the tenant’s terms of employment.\n(sch.2-sec.40-ssec.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.\n- (a) the lessor is an entity receiving assistance from the State to supply rented accommodation; or\n- (b) the tenant’s right to occupy the premises is given under the tenant’s terms of employment.","sortOrder":211},{"sectionNumber":"sch.2-pt.2-div.8","sectionType":"division","heading":"Relocation","content":"## Relocation","sortOrder":212},{"sectionNumber":"sch.2-sec.41","sectionType":"section","heading":"Application of division","content":"### sch.2-sec.41 Application of division\n\nThis division applies if the premises are moveable dwelling premises in a moveable dwelling park.","sortOrder":213},{"sectionNumber":"sch.2-sec.42","sectionType":"section","heading":"Notice to relocate to another site— s 223","content":"### sch.2-sec.42 Notice to relocate to another site— s 223\n\nThe lessor may give a notice (a notice to relocate ) to the tenant requiring the tenant to relocate the moveable dwelling to another site in the moveable dwelling park within a stated period only if—\neither—\nthe relocation is necessary to allow the carrying out of necessary or desirable work in the park or because of an emergency or for health or safety reasons; or\nmaintenance, repairs, upgrading or restoration\nthe lessor is a home owner for the dwelling and the lessor must, under a site agreement under the Manufactured Homes (Residential Parks) Act 2003 , reposition the moveable dwelling; and\nthe other site is, as far as practicable, reasonably comparable to the site currently occupied by the tenant.\nThe notice must identify the other site and state the period within which the tenant is to relocate and the reasons for the relocation.\nIf the relocation is necessary because of an emergency or for health or safety reasons, the period must be reasonable.\nOtherwise, the period must be a reasonable period of at least 1 month after the notice is given to the tenant.\n(sch.2-sec.42-ssec.1) The lessor may give a notice (a notice to relocate ) to the tenant requiring the tenant to relocate the moveable dwelling to another site in the moveable dwelling park within a stated period only if— either— the relocation is necessary to allow the carrying out of necessary or desirable work in the park or because of an emergency or for health or safety reasons; or maintenance, repairs, upgrading or restoration the lessor is a home owner for the dwelling and the lessor must, under a site agreement under the Manufactured Homes (Residential Parks) Act 2003 , reposition the moveable dwelling; and the other site is, as far as practicable, reasonably comparable to the site currently occupied by the tenant.\n(sch.2-sec.42-ssec.2) The notice must identify the other site and state the period within which the tenant is to relocate and the reasons for the relocation.\n(sch.2-sec.42-ssec.3) If the relocation is necessary because of an emergency or for health or safety reasons, the period must be reasonable.\n(sch.2-sec.42-ssec.4) Otherwise, the period must be a reasonable period of at least 1 month after the notice is given to the tenant.\n- (a) either— (i) the relocation is necessary to allow the carrying out of necessary or desirable work in the park or because of an emergency or for health or safety reasons; or Examples of work that might be necessary or desirable— maintenance, repairs, upgrading or restoration (ii) the lessor is a home owner for the dwelling and the lessor must, under a site agreement under the Manufactured Homes (Residential Parks) Act 2003 , reposition the moveable dwelling; and\n- (i) the relocation is necessary to allow the carrying out of necessary or desirable work in the park or because of an emergency or for health or safety reasons; or Examples of work that might be necessary or desirable— maintenance, repairs, upgrading or restoration\n- (ii) the lessor is a home owner for the dwelling and the lessor must, under a site agreement under the Manufactured Homes (Residential Parks) Act 2003 , reposition the moveable dwelling; and\n- (b) the other site is, as far as practicable, reasonably comparable to the site currently occupied by the tenant.\n- (i) the relocation is necessary to allow the carrying out of necessary or desirable work in the park or because of an emergency or for health or safety reasons; or Examples of work that might be necessary or desirable— maintenance, repairs, upgrading or restoration\n- (ii) the lessor is a home owner for the dwelling and the lessor must, under a site agreement under the Manufactured Homes (Residential Parks) Act 2003 , reposition the moveable dwelling; and","sortOrder":214},{"sectionNumber":"sch.2-sec.43","sectionType":"section","heading":"Restriction against enforcing relocation— s 224","content":"### sch.2-sec.43 Restriction against enforcing relocation— s 224\n\nThe lessor or lessor’s agent must not take any action to enforce the tenant’s relocation under a notice to relocate unless the tenant agrees or the tribunal orders the tenant to relocate to the site mentioned in the notice.","sortOrder":215},{"sectionNumber":"sch.2-sec.44","sectionType":"section","heading":"Effect of relocation— s 225","content":"### sch.2-sec.44 Effect of relocation— s 225\n\nIf the tenant complies with the notice to relocate given to the tenant, the site for this agreement is taken to be the site to which the tenant relocates.","sortOrder":216},{"sectionNumber":"sch.2-sec.45","sectionType":"section","heading":"Costs and expenses of relocation— s 226","content":"### sch.2-sec.45 Costs and expenses of relocation— s 226\n\nThe reasonable costs and expenses incurred by the tenant in complying with the notice to relocate are payable to the tenant by the lessor.\nThe tribunal may, on application by the tenant, make an order requiring the lessor to pay the tenant the amount it considers the tenant is entitled to for the costs and expenses.\n(sch.2-sec.45-ssec.1) The reasonable costs and expenses incurred by the tenant in complying with the notice to relocate are payable to the tenant by the lessor.\n(sch.2-sec.45-ssec.2) The tribunal may, on application by the tenant, make an order requiring the lessor to pay the tenant the amount it considers the tenant is entitled to for the costs and expenses.","sortOrder":217},{"sectionNumber":"sch.2-pt.2-div.9","sectionType":"division","heading":"When agreement ends","content":"## When agreement ends","sortOrder":218},{"sectionNumber":"sch.2-sec.46","sectionType":"section","heading":"Ending of agreement— s 277","content":"### sch.2-sec.46 Ending of agreement— s 277\n\nThis agreement ends only if—\nthe lessor and tenant agree, in a separate written document, to end this agreement; or\nthe 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 stated in the notice; or\nthe 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 stated in the notice; or\nthe tenant vacates, or is removed from, the premises after receiving a notice from a mortgagee or appointed person under section 317 ; or\nthe tenant abandons the premises and the period for which the tenant paid rent has ended; or\nthe tribunal makes an order terminating this agreement.\nAlso, this agreement ends for a sole tenant if—\nthe tenant gives the lessor a notice ending tenancy interest and hands over vacant possession of the premises; or\nSee 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.\nthe tenant dies.\nSee section 324A for when this agreement ends if a sole tenant dies.\n(sch.2-sec.46-ssec.1) This agreement ends only if— the lessor and tenant agree, in a separate written document, to end this agreement; or 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 stated in the notice; or 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 stated in the notice; or the tenant vacates, or is removed from, the premises after receiving a notice from a mortgagee or appointed person under section 317 ; or the tenant abandons the premises and the period for which the tenant paid rent has ended; or the tribunal makes an order terminating this agreement.\n(sch.2-sec.46-ssec.2) Also, this agreement ends for a sole tenant if— the tenant gives the lessor a notice ending tenancy interest and hands over vacant possession of the premises; or 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. the tenant dies. See section 324A for when this agreement ends if a sole tenant dies.\n- (a) the lessor and tenant agree, in a separate written document, to end this agreement; or\n- (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 stated in the notice; or\n- (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 stated in the notice; or\n- (d) the tenant vacates, or is removed from, the premises after receiving a notice from a mortgagee or appointed person under section 317 ; or\n- (e) the tenant abandons the premises and the period for which the tenant paid rent has ended; or\n- (f) the tribunal makes an order terminating this agreement.\n- (a) the tenant gives the lessor a notice ending tenancy interest and hands over vacant possession of the premises; or Note— 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.\n- (b) the tenant dies. Note— See section 324A for when this agreement ends if a sole tenant dies.","sortOrder":219},{"sectionNumber":"sch.2-sec.47","sectionType":"section","heading":"Condition premises must be left in— s 188","content":"### sch.2-sec.47 Condition premises must be left in— s 188\n\nAt 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.\nwear that happens during normal use\nchanges that happen with ageing\nThe 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 caused by an act of domestic violence experienced by the tenant.\n(sch.2-sec.47-ssec.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. wear that happens during normal use changes that happen with ageing\n(sch.2-sec.47-ssec.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 caused by an act of domestic violence experienced by the tenant.\n- • wear that happens during normal use\n- • changes that happen with ageing","sortOrder":220},{"sectionNumber":"sch.2-sec.48","sectionType":"section","heading":"Keys","content":"### sch.2-sec.48 Keys\n\nAt the end of the tenancy, the tenant must return to the lessor all keys for the premises.","sortOrder":221},{"sectionNumber":"sch.2-sec.49","sectionType":"section","heading":"Tenant’s forwarding address— s 205","content":"### sch.2-sec.49 Tenant’s forwarding address— s 205\n\nWhen handing over possession of the premises, the tenant must, if the lessor or lessor’s agent asks the tenant in writing to state the tenant’s new residential address, tell the lessor or lessor’s agent the tenant’s new residential address.\nHowever, subclause (1) does not apply if—\nthe tenant has a reasonable excuse for not telling the lessor or lessor’s agent the new address; or\nafter experiencing domestic violence, the tenant ended the tenant’s interest in this agreement, under chapter 5 , part 1 , division 3 , subdivision 2A of the Act .\n(sch.2-sec.49-ssec.1) When handing over possession of the premises, the tenant must, if the lessor or lessor’s agent asks the tenant in writing to state the tenant’s new residential address, tell the lessor or lessor’s agent the tenant’s new residential address.\n(sch.2-sec.49-ssec.2) However, subclause (1) does not apply if— the tenant has a reasonable excuse for not telling the lessor or lessor’s agent the new address; or after experiencing domestic violence, the tenant ended the tenant’s interest in this agreement, under chapter 5 , part 1 , division 3 , subdivision 2A of the Act .\n- (a) the tenant has a reasonable excuse for not telling the lessor or lessor’s agent the new address; or\n- (b) after experiencing domestic violence, the tenant ended the tenant’s interest in this agreement, under chapter 5 , part 1 , division 3 , subdivision 2A of the Act .","sortOrder":222},{"sectionNumber":"sch.2-sec.50","sectionType":"section","heading":"Exit condition report— s 66","content":"### sch.2-sec.50 Exit condition report— s 66\n\nThe tenant must, on or before the day this agreement ends, prepare and sign a condition report for the premises in the approved form.\nFor the approved form for the condition report, see the information statement.\nAs soon as practicable after this agreement ends, the tenant must give 1 copy of the condition report to the lessor or lessor’s agent.\nwhen the tenant returns the keys for the premises to the lessor or lessor’s agent\nThe lessor or lessor’s agent must, within 3 business days after receiving the copy of the condition report—\nsign the copy; and\nif the lessor or lessor’s agent does not agree with the report—show the parts of the report the lessor or lessor’s agent disagrees with by marking the copy in an appropriate way; and\nif the tenant has given a forwarding address to the lessor or lessor’s agent—make a copy of the report and return it to the tenant at the address.\nThe lessor or lessor’s agent must keep a copy of the condition report signed by both parties for at least 1 year after this agreement ends.\n(sch.2-sec.50-ssec.1) The tenant must, on or before the day this agreement ends, prepare and sign a condition report for the premises in the approved form. For the approved form for the condition report, see the information statement.\n(sch.2-sec.50-ssec.2) As soon as practicable after this agreement ends, the tenant must give 1 copy of the condition report to the lessor or lessor’s agent. when the tenant returns the keys for the premises to the lessor or lessor’s agent\n(sch.2-sec.50-ssec.3) The lessor or lessor’s agent must, within 3 business days after receiving the copy of the condition report— sign the copy; and if the lessor or lessor’s agent does not agree with the report—show the parts of the report the lessor or lessor’s agent disagrees with by marking the copy in an appropriate way; and if the tenant has given a forwarding address to the lessor or lessor’s agent—make a copy of the report and return it to the tenant at the address.\n(sch.2-sec.50-ssec.4) The lessor or lessor’s agent must keep a copy of the condition report signed by both parties for at least 1 year after this agreement ends.\n- (a) sign the copy; and\n- (b) if the lessor or lessor’s agent does not agree with the report—show the parts of the report the lessor or lessor’s agent disagrees with by marking the copy in an appropriate way; and\n- (c) if the tenant has given a forwarding address to the lessor or lessor’s agent—make a copy of the report and return it to the tenant at the address.","sortOrder":223},{"sectionNumber":"sch.2-sec.51","sectionType":"section","heading":"Goods or documents left behind on premises— ss 363 and 364","content":"### sch.2-sec.51 Goods or documents left behind on premises— ss 363 and 364\n\nThe tenant must take all of the tenant’s belongings from the premises at the end of the tenancy.\nThe lessor may not treat belongings left behind as the lessor’s own property but must deal with them under sections 363 and 364 .\n(sch.2-sec.51-ssec.1) The tenant must take all of the tenant’s belongings from the premises at the end of the tenancy.\n(sch.2-sec.51-ssec.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 .","sortOrder":224},{"sectionNumber":"sch.2-pt.2-div.10","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":225},{"sectionNumber":"sch.2-sec.52","sectionType":"section","heading":"Supply of goods and services— s 171","content":"### sch.2-sec.52 Supply of goods and services— s 171\n\nThe lessor or lessor’s agent must not require the tenant to buy goods or services from the lessor, the lessor’s agent or a person nominated by the lessor or lessor’s agent.\nSubclause (1) does not apply to—\na requirement about a service charge; or\na condition of an approval to keep a pet if the condition—\nrequires the carpets to be cleaned, or the premises to be fumigated, at the end of the tenancy; and\ncomplies with clause 38; and\ndoes not require the tenant to buy cleaning or fumigation services from a particular person or business.\n(sch.2-sec.52-ssec.1) The lessor or lessor’s agent must not require the tenant to buy goods or services from the lessor, the lessor’s agent or a person nominated by the lessor or lessor’s agent.\n(sch.2-sec.52-ssec.2) Subclause (1) does not apply to— a requirement about a service charge; or a condition of an approval to keep a pet if the condition— requires the carpets to be cleaned, or the premises to be fumigated, at the end of the tenancy; and complies with clause 38; and does not require the tenant to buy cleaning or fumigation services from a particular person or business.\n- (a) a requirement about a service charge; or\n- (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 38; and (iii) does not require the tenant to buy cleaning or fumigation services from a particular person or business.\n- (i) requires the carpets to be cleaned, or the premises to be fumigated, at the end of the tenancy; and\n- (ii) complies with clause 38; and\n- (iii) does not require the tenant to buy cleaning or fumigation services from a particular person or business.\n- (i) requires the carpets to be cleaned, or the premises to be fumigated, at the end of the tenancy; and\n- (ii) complies with clause 38; and\n- (iii) does not require the tenant to buy cleaning or fumigation services from a particular person or business.","sortOrder":226},{"sectionNumber":"sch.2-sec.53","sectionType":"section","heading":"Lessor’s agent— s 206","content":"### sch.2-sec.53 Lessor’s agent— s 206\n\nThe name and address for service of the lessor’s agent is stated in item 3.\nUnless a special term provides otherwise, the lessor’s agent may—\nstand in the lessor’s place in any application to the tribunal by the lessor or tenant; or\ndo any thing else the lessor may do, or is required to do, under this agreement.\nSee also sections 24 and 25 .\n(sch.2-sec.53-ssec.1) The name and address for service of the lessor’s agent is stated in item 3.\n(sch.2-sec.53-ssec.2) Unless a special term provides otherwise, the lessor’s agent may— stand in the lessor’s place in any application to the tribunal by the lessor or tenant; or do any thing else the lessor may do, or is required to do, under this agreement.\n- (a) stand in the lessor’s place in any application to the tribunal by the lessor or tenant; or\n- (b) do any thing else the lessor may do, or is required to do, under this agreement.","sortOrder":227},{"sectionNumber":"sch.2-sec.54","sectionType":"section","heading":"Notices","content":"### sch.2-sec.54 Notices\n\nA notice under this agreement must be written and, if there is an approved form for the notice, in the approved form.\nA notice from the tenant to the lessor may be given to the lessor’s agent.\nA notice may be given to a relevant party—\nby giving it to the relevant party personally; or\nif an address for service for the relevant party is stated in item 1, 2 or 3—by leaving it at the address or sending it by prepaid post as a letter to the address; or\nif an electronic address for a type of electronic communication for the relevant party is stated in item 1, 2 or 3 and item 4 indicates that a notice may be given by that type of electronic communication—by sending it by electronic communication to the electronic address in accordance with the Electronic Transactions (Queensland) Act 2001 .\nemail, facsimile, text message\nIf no address for service is stated in item 2 for the tenant, the tenant’s address for service is taken to be the address of the premises.\nA relevant party may change their address for service or electronic address only by giving notice to each other relevant party of their new address for service or a new electronic address.\nOn the giving of a notice of a new address for service or new electronic address for a relevant party, the address for service or electronic address stated in the notice is taken to be the relevant party’s address for the relevant item in this agreement.\nA relevant party may withdraw their consent to notices being given to them by electronic communication, or to a specific electronic address, only by giving notice to each other relevant party that notices are no longer to be given to the relevant party electronically, or to that electronic address.\nUnless the contrary is proved—\na notice left at an address for service is taken to have been received by the person to whom the address relates when the notice was left at the address; and\na 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\na notice sent by electronic communication to an electronic address is taken to have been received by the recipient—\nif the type of electronic communication is email— when the email enters the recipient’s email server; or\nif the type of electronic communication is facsimile—when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; or\notherwise—at the time stated in the Electronic Transactions (Queensland) Act 2001 , section 24 .\nIn this clause—\nrelevant party means—\nthe lessor; or\nthe tenant; or\nif there is an agent of the lessor—the lessor’s agent.\n(sch.2-sec.54-ssec.1) A notice under this agreement must be written and, if there is an approved form for the notice, in the approved form.\n(sch.2-sec.54-ssec.2) A notice from the tenant to the lessor may be given to the lessor’s agent.\n(sch.2-sec.54-ssec.3) A notice may be given to a relevant party— by giving it to the relevant party personally; or if an address for service for the relevant party is stated in item 1, 2 or 3—by leaving it at the address or sending it by prepaid post as a letter to the address; or if an electronic address for a type of electronic communication for the relevant party is stated in item 1, 2 or 3 and item 4 indicates that a notice may be given by that type of electronic communication—by sending it by electronic communication to the electronic address in accordance with the Electronic Transactions (Queensland) Act 2001 . email, facsimile, text message\n(sch.2-sec.54-ssec.4) If no address for service is stated in item 2 for the tenant, the tenant’s address for service is taken to be the address of the premises.\n(sch.2-sec.54-ssec.5) A relevant party may change their address for service or electronic address only by giving notice to each other relevant party of their new address for service or a new electronic address.\n(sch.2-sec.54-ssec.6) On the giving of a notice of a new address for service or new electronic address for a relevant party, the address for service or electronic address stated in the notice is taken to be the relevant party’s address for the relevant item in this agreement.\n(sch.2-sec.54-ssec.7) A relevant party may withdraw their consent to notices being given to them by electronic communication, or to a specific electronic address, only by giving notice to each other relevant party that notices are no longer to be given to the relevant party electronically, or to that electronic address.\n(sch.2-sec.54-ssec.8) Unless the contrary is proved— a notice left at an address for service is taken to have been received by the person to whom the address relates when the notice was left at the address; and 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 a notice sent by electronic communication to an electronic address is taken to have been received by the recipient— if the type of electronic communication is email— when the email enters the recipient’s email server; or if the type of electronic communication is facsimile—when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; or otherwise—at the time stated in the Electronic Transactions (Queensland) Act 2001 , section 24 .\n(sch.2-sec.54-ssec.9) In this clause— relevant party means— the lessor; or the tenant; or if there is an agent of the lessor—the lessor’s agent.\n- (a) by giving it to the relevant party personally; or\n- (b) if an address for service for the relevant party is stated in item 1, 2 or 3—by leaving it at the address or sending it by prepaid post as a letter to the address; or\n- (c) if an electronic address for a type of electronic communication for the relevant party is stated in item 1, 2 or 3 and item 4 indicates that a notice may be given by that type of electronic communication—by sending it by electronic communication to the electronic address in accordance with the Electronic Transactions (Queensland) Act 2001 . Examples of types of electronic communication— email, facsimile, text message\n- (a) a notice left at an address for service is taken to have been received by the person to whom the address relates when the notice was left at the address; and\n- (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\n- (c) a notice sent by electronic communication to an electronic address is taken to have been received by the recipient— (i) if the type of electronic communication is email— when the email enters the recipient’s email server; or (ii) if the type of electronic communication is facsimile—when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; or (iii) otherwise—at the time stated in the Electronic Transactions (Queensland) Act 2001 , section 24 .\n- (i) if the type of electronic communication is email— when the email enters the recipient’s email server; or\n- (ii) if the type of electronic communication is facsimile—when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; or\n- (iii) otherwise—at the time stated in the Electronic Transactions (Queensland) Act 2001 , section 24 .\n- (i) if the type of electronic communication is email— when the email enters the recipient’s email server; or\n- (ii) if the type of electronic communication is facsimile—when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; or\n- (iii) otherwise—at the time stated in the Electronic Transactions (Queensland) Act 2001 , section 24 .\n- (a) the lessor; or\n- (b) the tenant; or\n- (c) if there is an agent of the lessor—the lessor’s agent.","sortOrder":228},{"sectionNumber":"sch.3-pt.1","sectionType":"part","heading":"Tenancy information","content":"# Tenancy information","sortOrder":229},{"sectionNumber":"sch.3-sec","sectionType":"section","heading":null,"content":"### Section sch.3-sec\n\nItem","sortOrder":230},{"sectionNumber":"sch.3-sec.1","sectionType":"section","heading":"Lessor","content":"### sch.3-sec.1 Lessor\n\nLessor’s name and address for service.\nAny other contact details for the lessor.\nItem 1.2 is optional.\n(sch.3-sec.1-ssec.1.1) Lessor’s name and address for service.\n(sch.3-sec.1-ssec.1.2) Any other contact details for the lessor. Item 1.2 is optional.","sortOrder":231},{"sectionNumber":"sch.3-sec.2","sectionType":"section","heading":"Tenant","content":"### sch.3-sec.2 Tenant\n\nTenant’s name and contact details.\nAn address for service (other than the address of the premises) or other contact details for service.\nItem 2.2 is optional. See clause 47(4).\nThe name, telephone number and email address of a person who is an emergency contact for the tenant.\n(sch.3-sec.2-ssec.2.1) Tenant’s name and contact details.\n(sch.3-sec.2-ssec.2.2) An address for service (other than the address of the premises) or other contact details for service. Item 2.2 is optional. See clause 47(4).\n(sch.3-sec.2-ssec.2.3) The name, telephone number and email address of a person who is an emergency contact for the tenant.","sortOrder":232},{"sectionNumber":"sch.3-sec.3","sectionType":"section","heading":"Lessor’s agent","content":"### sch.3-sec.3 Lessor’s agent\n\nIf the lessor has an agent, the agent’s name and address for service.\nAny other contact details for the lessor’s agent.\nItem 3.2 is optional.\n(sch.3-sec.3-ssec.3.1) If the lessor has an agent, the agent’s name and address for service.\n(sch.3-sec.3-ssec.3.2) Any other contact details for the lessor’s agent. Item 3.2 is optional.","sortOrder":233},{"sectionNumber":"sch.3-sec.4","sectionType":"section","heading":"Service of notices","content":"### sch.3-sec.4 Service of notices\n\nWhether a notice may be given to the lessor by electronic communication.\nWhether a notice may be given to the tenant by electronic communication.\nWhether a notice may be given to the lessor’s agent by electronic communication.\n(sch.3-sec.4-ssec.4.1) Whether a notice may be given to the lessor by electronic communication.\n(sch.3-sec.4-ssec.4.2) Whether a notice may be given to the tenant by electronic communication.\n(sch.3-sec.4-ssec.4.3) Whether a notice may be given to the lessor’s agent by electronic communication.","sortOrder":234},{"sectionNumber":"sch.3-sec.5","sectionType":"section","heading":"Premises","content":"### sch.3-sec.5 Premises\n\nThe address of the premises.\nAny inclusions for the premises.\nfurniture or other household goods let with the premises\nDetails of any repair orders applying to the premises or inclusions for the premises.\n(sch.3-sec.5-ssec.5.1) The address of the premises.\n(sch.3-sec.5-ssec.5.2) Any inclusions for the premises. furniture or other household goods let with the premises\n(sch.3-sec.5-ssec.5.3) Details of any repair orders applying to the premises or inclusions for the premises.","sortOrder":235},{"sectionNumber":"sch.3-sec.6","sectionType":"section","heading":"Term of agreement","content":"### sch.3-sec.6 Term of agreement\n\nWhether the agreement is a fixed term agreement or a periodic agreement.\nThe day the agreement starts.\nSee clause 4(2).\nIf the agreement is a fixed term agreement, the day the agreement finishes.\n(sch.3-sec.6-ssec.6.1) Whether the agreement is a fixed term agreement or a periodic agreement.\n(sch.3-sec.6-ssec.6.2) The day the agreement starts. See clause 4(2).\n(sch.3-sec.6-ssec.6.3) If the agreement is a fixed term agreement, the day the agreement finishes.","sortOrder":236},{"sectionNumber":"sch.3-sec.7","sectionType":"section","heading":"Rent—amount","content":"### sch.3-sec.7 Rent—amount\n\nThe amount of rent payable and whether it must be paid weekly, fortnightly or monthly.\nSee clause 8.","sortOrder":237},{"sectionNumber":"sch.3-sec.8","sectionType":"section","heading":"Rent—day of payment","content":"### sch.3-sec.8 Rent—day of payment\n\nThe day of each week, fortnight or month on which the rent must be paid.\nSee clause 9(1).","sortOrder":238},{"sectionNumber":"sch.3-sec.9","sectionType":"section","heading":"Rent—methods of payment","content":"### sch.3-sec.9 Rent—methods of payment\n\nThe ways for the tenant to pay the rent.\nUnder section 83 , there must be at least 2 ways. See also clause 9(2)(a).","sortOrder":239},{"sectionNumber":"sch.3-sec.10","sectionType":"section","heading":"Rent—place of payment","content":"### sch.3-sec.10 Rent—place of payment\n\nWhere the rent must be paid.\nItem 10 is optional. See clause 9(5) to (7).","sortOrder":240},{"sectionNumber":"sch.3-sec.11","sectionType":"section","heading":"Rental bond","content":"### sch.3-sec.11 Rental bond\n\nThe amount of any rental bond.\nSee clause 11.","sortOrder":241},{"sectionNumber":"sch.3-sec.12","sectionType":"section","heading":"Services","content":"### sch.3-sec.12 Services\n\nAny services supplied to the premises, other than water, for which the tenant must pay.\nelectricity and gas\nSee clause 14.\nWhether the tenant must pay for water supplied to the premises.\nSee clause 15.\n(sch.3-sec.12-ssec.12.1) Any services supplied to the premises, other than water, for which the tenant must pay. electricity and gas See clause 14.\n(sch.3-sec.12-ssec.12.2) Whether the tenant must pay for water supplied to the premises. See clause 15.","sortOrder":242},{"sectionNumber":"sch.3-sec.13","sectionType":"section","heading":"Apportionment of charges","content":"### sch.3-sec.13 Apportionment of charges\n\nFor each service listed in 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.\nthe tenant must pay a percentage of the total charge\nSee clause 14(c).","sortOrder":243},{"sectionNumber":"sch.3-sec.14","sectionType":"section","heading":"How services must be paid for","content":"### sch.3-sec.14 How services must be paid for\n\nFor each service listed in item 12.1, how the tenant must pay for the service.\nSee clause 14(d).","sortOrder":244},{"sectionNumber":"sch.3-sec.15","sectionType":"section","heading":"Number of occupants","content":"### sch.3-sec.15 Number of occupants\n\nThe number of persons allowed to reside at the premises.\nSee clause 20.","sortOrder":245},{"sectionNumber":"sch.3-sec.16","sectionType":"section","heading":"Body corporate by-laws","content":"### sch.3-sec.16 Body corporate by-laws\n\nWhether body corporate by-laws apply to the tenant’s occupation of the premises.\nWhether the tenant has been given a copy of the relevant by-laws.\nSee clause 21.\n(sch.3-sec.16-ssec.16.1) Whether body corporate by-laws apply to the tenant’s occupation of the premises.\n(sch.3-sec.16-ssec.16.2) Whether the tenant has been given a copy of the relevant by-laws. See clause 21.","sortOrder":246},{"sectionNumber":"sch.3-sec.17","sectionType":"section","heading":"Nominated repairers","content":"### sch.3-sec.17 Nominated repairers\n\nThe name and telephone number of the lessor’s nominated repairer for each of the following repairs—\nelectrical repairs;\nplumbing repairs;\nother repairs.\nWhether or not the nominated repairer is the tenant’s first point of contact for notifying of the need for emergency repairs.\nSee clause 29(4).\n(sch.3-sec.17-ssec.17.1) The name and telephone number of the lessor’s nominated repairer for each of the following repairs— electrical repairs; plumbing repairs; other repairs.\n(sch.3-sec.17-ssec.17.2) Whether or not the nominated repairer is the tenant’s first point of contact for notifying of the need for emergency repairs. See clause 29(4).\n- (a) electrical repairs;\n- (b) plumbing repairs;\n- (c) other repairs.","sortOrder":247},{"sectionNumber":"sch.3-sec.18","sectionType":"section","heading":"Pets","content":"### sch.3-sec.18 Pets\n\nThe type and number of any pets approved by the lessor to be kept at the premises.\nSee clauses 32 to 35.","sortOrder":248},{"sectionNumber":"sch.3-pt.2","sectionType":"part","heading":"Standard terms","content":"# Standard terms","sortOrder":249},{"sectionNumber":"sch.3-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":250},{"sectionNumber":"sch.3-sec.1-oc.2","sectionType":"section","heading":"Interpretation","content":"### sch.3-sec.1-oc.2 Interpretation\n\nIn this agreement—\na reference to the premises includes a reference to any inclusions for the premises stated in item 5.2; and\na reference to a numbered section is a reference to the section in the Residential Tenancies and Rooming Accommodation Act 2008 ( the Act ) with that number; and\na reference to a numbered item is a reference to the item with that number in part 1 of this agreement; and\na reference to a numbered clause is a reference to the clause of this agreement with that number.\n- (a) a reference to the premises includes a reference to any inclusions for the premises stated in item 5.2; and\n- (b) a reference to a numbered section is a reference to the section in the Residential Tenancies and Rooming Accommodation Act 2008 ( the Act ) with that number; and\n- (c) a reference to a numbered item is a reference to the item with that number in part 1 of this agreement; and\n- (d) a reference to a numbered clause is a reference to the clause of this agreement with that number.","sortOrder":251},{"sectionNumber":"sch.3-sec.2-oc.2","sectionType":"section","heading":"Terms of a State tenancy agreement— ss 52 and 54 – 56","content":"### sch.3-sec.2-oc.2 Terms of a State tenancy agreement— ss 52 and 54 – 56\n\nThis part states, under section 55 , the standard terms of a State tenancy agreement.\nThe Act also imposes duties on, and gives entitlements to, the lessor and tenant that are taken to be included as terms of this agreement.\nThe lessor and tenant may agree on other terms of this agreement ( special terms ).\nA duty or entitlement under the Act overrides a standard term or special term if the term is inconsistent with the duty or entitlement.\nA standard term overrides a special term if they are inconsistent.\nAny body corporate by-laws that apply to the occupation of the premises by the tenant, for the time being in force, are taken to be terms of this agreement.\nA breach of this agreement may also be an offence under the Act .\nIt is an offence for the lessor or lessor’s agent to enter the premises in contravention of the rules of entry under sections 192 to 199 .\nIt is an offence if the tenant does not sign and return the condition report to the lessor or lessor’s agent under section 65 .\n(sch.3-sec.2-oc.2-ssec.1) This part states, under section 55 , the standard terms of a State tenancy agreement.\n(sch.3-sec.2-oc.2-ssec.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.\n(sch.3-sec.2-oc.2-ssec.3) The lessor and tenant may agree on other terms of this agreement ( special terms ).\n(sch.3-sec.2-oc.2-ssec.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.\n(sch.3-sec.2-oc.2-ssec.5) A standard term overrides a special term if they are inconsistent.\n(sch.3-sec.2-oc.2-ssec.6) Any body corporate by-laws that apply to the occupation of the premises by the tenant, for the time being in force, are taken to be terms of this agreement.\n(sch.3-sec.2-oc.2-ssec.7) A breach of this agreement may also be an offence under the Act . It is an offence for the lessor or lessor’s agent to enter the premises in contravention of the rules of entry under sections 192 to 199 . It is an offence if the tenant does not sign and return the condition report to the lessor or lessor’s agent under section 65 .\n- 1 It is an offence for the lessor or lessor’s agent to enter the premises in contravention of the rules of entry under sections 192 to 199 .\n- 2 It is an offence if the tenant does not sign and return the condition report to the lessor or lessor’s agent under section 65 .","sortOrder":252},{"sectionNumber":"sch.3-sec.3-oc.2","sectionType":"section","heading":"More than 1 lessor or tenant","content":"### sch.3-sec.3-oc.2 More than 1 lessor or tenant\n\nThis clause applies if more than 1 person is named in item 1 or 2.\nEach lessor named in item 1 must perform all of the lessor’s obligations under this agreement.\nEach tenant named in item 2—\nholds their interest in the tenancy—\nif a special term states the tenants are joint tenants—as a joint tenant; or\notherwise—as a tenant in common; and\nmust perform all of the tenant’s obligations under this agreement.\n(sch.3-sec.3-oc.2-ssec.1) This clause applies if more than 1 person is named in item 1 or 2.\n(sch.3-sec.3-oc.2-ssec.2) Each lessor named in item 1 must perform all of the lessor’s obligations under this agreement.\n(sch.3-sec.3-oc.2-ssec.3) Each tenant named in item 2— holds their interest in the tenancy— if a special term states the tenants are joint tenants—as a joint tenant; or otherwise—as a tenant in common; and must perform all of the tenant’s obligations under this agreement.\n- (a) holds their interest in the tenancy— (i) if a special term states the tenants are joint tenants—as a joint tenant; or (ii) otherwise—as a tenant in common; and\n- (i) if a special term states the tenants are joint tenants—as a joint tenant; or\n- (ii) otherwise—as a tenant in common; and\n- (b) must perform all of the tenant’s obligations under this agreement.\n- (i) if a special term states the tenants are joint tenants—as a joint tenant; or\n- (ii) otherwise—as a tenant in common; and","sortOrder":253},{"sectionNumber":"sch.3-pt.2-div.2","sectionType":"division","heading":"Entering tenancy","content":"## Entering tenancy","sortOrder":254},{"sectionNumber":"sch.3-sec.4-oc.2","sectionType":"section","heading":"Start of tenancy","content":"### sch.3-sec.4-oc.2 Start of tenancy\n\nThe tenancy starts on the day stated in item 6.2.\nHowever, 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.\n(sch.3-sec.4-oc.2-ssec.1) The tenancy starts on the day stated in item 6.2.\n(sch.3-sec.4-oc.2-ssec.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.","sortOrder":255},{"sectionNumber":"sch.3-sec.5-oc.2","sectionType":"section","heading":"Entry condition report— s 65","content":"### sch.3-sec.5-oc.2 Entry condition report— s 65\n\nThe lessor or lessor’s agent must prepare, in the approved form, and sign a condition report for the premises.\nA copy of the condition report must be given to the tenant on or before the day the tenant occupies the premises under this agreement.\nIf the tenant does not agree with the condition report, the tenant must mark the copy of the report in an appropriate way to show the parts the tenant disagrees with.\nThe tenant must sign and return the copy of the condition report to the lessor or lessor’s agent no later than 7 days after the later of the following days—\nthe day the tenant occupies the premises;\nthe day the tenant is given the copy of the condition report.\nAfter the copy of the condition report is returned to the lessor or lessor’s agent by the tenant, the lessor or lessor’s agent must make a copy of the condition report and return it to the tenant within 14 days.\nHowever, the lessor or lessor’s agent does not have to prepare a condition report for the premises if—\nthis agreement has the effect of continuing the tenant’s right to occupy the premises under an earlier residential tenancy agreement; and\nin accordance with the Act , a condition report was prepared for the premises for the earlier residential tenancy agreement.\nIf a condition report is not prepared for this agreement because subclause (6) applies, the condition report prepared for the earlier residential tenancy agreement is taken to be the condition report for this agreement.\n(sch.3-sec.5-oc.2-ssec.1) The lessor or lessor’s agent must prepare, in the approved form, and sign a condition report for the premises.\n(sch.3-sec.5-oc.2-ssec.2) A copy of the condition report must be given to the tenant on or before the day the tenant occupies the premises under this agreement.\n(sch.3-sec.5-oc.2-ssec.3) If the tenant does not agree with the condition report, the tenant must mark the copy of the report in an appropriate way to show the parts the tenant disagrees with.\n(sch.3-sec.5-oc.2-ssec.4) The tenant must sign and return the copy of the condition report to the lessor or lessor’s agent no later than 7 days after the later of the following days— the day the tenant occupies the premises; the day the tenant is given the copy of the condition report.\n(sch.3-sec.5-oc.2-ssec.5) After the copy of the condition report is returned to the lessor or lessor’s agent by the tenant, the lessor or lessor’s agent must make a copy of the condition report and return it to the tenant within 14 days.\n(sch.3-sec.5-oc.2-ssec.6) However, the lessor or lessor’s agent does not have to prepare a condition report for the premises if— this agreement has the effect of continuing the tenant’s right to occupy the premises under an earlier residential tenancy agreement; and in accordance with the Act , a condition report was prepared for the premises for the earlier residential tenancy agreement.\n(sch.3-sec.5-oc.2-ssec.7) If a condition report is not prepared for this agreement because subclause (6) applies, the condition report prepared for the earlier residential tenancy agreement is taken to be the condition report for this agreement.\n- (a) the day the tenant occupies the premises;\n- (b) the day the tenant is given the copy of the condition report.\n- (a) this agreement has the effect of continuing the tenant’s right to occupy the premises under an earlier residential tenancy agreement; and\n- (b) in accordance with the Act , a condition report was prepared for the premises for the earlier residential tenancy agreement.","sortOrder":256},{"sectionNumber":"sch.3-sec.6-oc.2","sectionType":"section","heading":"Continuation of fixed term agreement— s 70","content":"### sch.3-sec.6-oc.2 Continuation of fixed term agreement— s 70\n\nThis clause applies if—\nthis agreement is a fixed term agreement; and\nnone of the following notices are given, or agreements or applications made before the day the term ends (the end day )—\na notice to leave;\na notice of intention to leave;\nan abandonment termination notice;\na notice, agreement or application relating to the death of a sole tenant under section 324A ;\na separate written agreement between the lessor and tenant under section 277 (a) to end this agreement.\nThis 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.\nFor more information about certain notices, see the information statement.\n(sch.3-sec.6-oc.2-ssec.1) This clause applies if— this agreement is a fixed term agreement; and none of the following notices are given, or agreements or applications made before the day the term ends (the end day )— a notice to leave; a notice of intention to leave; an abandonment termination notice; a notice, agreement or application relating to the death of a sole tenant under section 324A ; a separate written agreement between the lessor and tenant under section 277 (a) to end this agreement.\n(sch.3-sec.6-oc.2-ssec.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. For more information about certain notices, see the information statement.\n- (a) this agreement is a fixed term agreement; and\n- (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 324A ; (v) a separate written agreement between the lessor and tenant under section 277 (a) to end this agreement.\n- (i) a notice to leave;\n- (ii) a notice of intention to leave;\n- (iii) an abandonment termination notice;\n- (iv) a notice, agreement or application relating to the death of a sole tenant under section 324A ;\n- (v) a separate written agreement between the lessor and tenant under section 277 (a) to end this agreement.\n- (i) a notice to leave;\n- (ii) a notice of intention to leave;\n- (iii) an abandonment termination notice;\n- (iv) a notice, agreement or application relating to the death of a sole tenant under section 324A ;\n- (v) a separate written agreement between the lessor and tenant under section 277 (a) to end this agreement.","sortOrder":257},{"sectionNumber":"sch.3-sec.7-oc.2","sectionType":"section","heading":"Costs apply to early ending of fixed term agreement— s 357A","content":"### sch.3-sec.7-oc.2 Costs apply to early ending of fixed term agreement— s 357A\n\nThis clause applies if—\nthis agreement is a fixed term agreement; and\nthe tenant ends this agreement before the term ends other than in a way permitted under the Act .\nThe tenant must pay the reletting costs under section 357A (3) .\nFor when the tenant may end this agreement early, see clause 39 and the information statement.\nThis clause does not apply if, after experiencing domestic violence, the tenant ends the tenant’s interest in this agreement under chapter 5 , part 1 , division 3 , subdivision 2A of the Act .\n(sch.3-sec.7-oc.2-ssec.1) This clause applies if— this agreement is a fixed term agreement; and the tenant ends this agreement before the term ends other than in a way permitted under the Act .\n(sch.3-sec.7-oc.2-ssec.2) The tenant must pay the reletting costs under section 357A (3) . For when the tenant may end this agreement early, see clause 39 and the information statement.\n(sch.3-sec.7-oc.2-ssec.3) This clause does not apply if, after experiencing domestic violence, the tenant ends the tenant’s interest in this agreement under chapter 5 , part 1 , division 3 , subdivision 2A of the Act .\n- (a) this agreement is a fixed term agreement; and\n- (b) the tenant ends this agreement before the term ends other than in a way permitted under the Act .","sortOrder":258},{"sectionNumber":"sch.3-pt.2-div.3","sectionType":"division","heading":"Rent","content":"## Rent","sortOrder":259},{"sectionNumber":"sch.3-sec.8-oc.2","sectionType":"section","heading":"Amount","content":"### sch.3-sec.8-oc.2 Amount\n\nThe amount of the rent is the amount stated in item 7, as varied under subclause (2).\nThe amount of the rent may be varied by the lessor from time to time—\nif the lessor is the chief executive of the housing department, acting on behalf of the State—in accordance with the public housing rent policy; or\nif the tenant is an officer or employee of the State and occupies the premises in connection with their employment—\nif an industrial instrument applying to the tenant or the tenant’s contract of employment states an amount of rent or a way to calculate rent—to the amount stated or calculated in accordance with the way stated; or\notherwise—to the amount calculated by the chief executive of the department in which the tenant is employed in accordance with a policy of the department applying to the tenant.\nIn this clause—\npublic housing rent policy means the document called ‘Public housing rent policy’, published on the department’s website.\n(sch.3-sec.8-oc.2-ssec.1) The amount of the rent is the amount stated in item 7, as varied under subclause (2).\n(sch.3-sec.8-oc.2-ssec.2) The amount of the rent may be varied by the lessor from time to time— if the lessor is the chief executive of the housing department, acting on behalf of the State—in accordance with the public housing rent policy; or if the tenant is an officer or employee of the State and occupies the premises in connection with their employment— if an industrial instrument applying to the tenant or the tenant’s contract of employment states an amount of rent or a way to calculate rent—to the amount stated or calculated in accordance with the way stated; or otherwise—to the amount calculated by the chief executive of the department in which the tenant is employed in accordance with a policy of the department applying to the tenant.\n(sch.3-sec.8-oc.2-ssec.3) In this clause— public housing rent policy means the document called ‘Public housing rent policy’, published on the department’s website.\n- (a) if the lessor is the chief executive of the housing department, acting on behalf of the State—in accordance with the public housing rent policy; or\n- (b) if the tenant is an officer or employee of the State and occupies the premises in connection with their employment— (i) if an industrial instrument applying to the tenant or the tenant’s contract of employment states an amount of rent or a way to calculate rent—to the amount stated or calculated in accordance with the way stated; or (ii) otherwise—to the amount calculated by the chief executive of the department in which the tenant is employed in accordance with a policy of the department applying to the tenant.\n- (i) if an industrial instrument applying to the tenant or the tenant’s contract of employment states an amount of rent or a way to calculate rent—to the amount stated or calculated in accordance with the way stated; or\n- (ii) otherwise—to the amount calculated by the chief executive of the department in which the tenant is employed in accordance with a policy of the department applying to the tenant.\n- (i) if an industrial instrument applying to the tenant or the tenant’s contract of employment states an amount of rent or a way to calculate rent—to the amount stated or calculated in accordance with the way stated; or\n- (ii) otherwise—to the amount calculated by the chief executive of the department in which the tenant is employed in accordance with a policy of the department applying to the tenant.","sortOrder":260},{"sectionNumber":"sch.3-sec.9-oc.2","sectionType":"section","heading":"When, how and where rent must be paid— ss 83 – 85","content":"### sch.3-sec.9-oc.2 When, how and where rent must be paid— ss 83 – 85\n\nThe rent must be paid at the times stated in item 8.\nThe rent must be paid—\nin a way stated in item 9; or\nUnder section 83 , at least 2 ways for the tenant to pay the rent must be stated in this agreement.\nin a way agreed after the signing of this agreement by—\nthe lessor or tenant giving the other party a notice proposing a way; and\nthe other party agreeing to the proposal in writing; or\nif the lessor or lessor’s agent intends to change the way rent is paid to a way that is not stated in item 9 and no way is agreed to after the signing of this agreement—in a way the lessor or lessor’s agent proposes by notice to the tenant under section 84A .\nThe lessor or lessor’s agent must give the tenant a notice advising of the costs associated with the ways to pay rent offered to the tenant that the tenant would not reasonably be aware of if the lessor or lessor’s agent knows or could reasonably be expected to find out about the costs.\nAlso, the lessor or lessor’s agent must declare any financial benefit the lessor or lessor’s agent may receive if the tenant uses a particular way to pay rent.\nIf a place is stated in item 10, the rent must be paid at that place.\nIf, after the signing of this agreement, the lessor gives a notice to the tenant stating a place, or a different place, for payment of rent and the place is reasonable, the rent must be paid at the place while the notice is in force.\nIf no place is stated in item 10 and there is no notice stating a place, the rent must be paid at an appropriate place.\nthe lessor’s address for service\nthe office of the lessor’s agent\n(sch.3-sec.9-oc.2-ssec.1) The rent must be paid at the times stated in item 8.\n(sch.3-sec.9-oc.2-ssec.2) The rent must be paid— in a way stated in item 9; or Under section 83 , at least 2 ways for the tenant to pay the rent must be stated in this agreement. in a way agreed after the signing of this agreement by— the lessor or tenant giving the other party a notice proposing a way; and the other party agreeing to the proposal in writing; or if the lessor or lessor’s agent intends to change the way rent is paid to a way that is not stated in item 9 and no way is agreed to after the signing of this agreement—in a way the lessor or lessor’s agent proposes by notice to the tenant under section 84A .\n(sch.3-sec.9-oc.2-ssec.3) The lessor or lessor’s agent must give the tenant a notice advising of the costs associated with the ways to pay rent offered to the tenant that the tenant would not reasonably be aware of if the lessor or lessor’s agent knows or could reasonably be expected to find out about the costs.\n(sch.3-sec.9-oc.2-ssec.4) Also, the lessor or lessor’s agent must declare any financial benefit the lessor or lessor’s agent may receive if the tenant uses a particular way to pay rent.\n(sch.3-sec.9-oc.2-ssec.5) If a place is stated in item 10, the rent must be paid at that place.\n(sch.3-sec.9-oc.2-ssec.6) If, after the signing of this agreement, the lessor gives a notice to the tenant stating a place, or a different place, for payment of rent and the place is reasonable, the rent must be paid at the place while the notice is in force.\n(sch.3-sec.9-oc.2-ssec.7) If no place is stated in item 10 and there is no notice stating a place, the rent must be paid at an appropriate place. the lessor’s address for service the office of the lessor’s agent\n- (a) in a way stated in item 9; or Note— Under section 83 , at least 2 ways for the tenant to pay the rent must be stated in this agreement.\n- (b) in a way agreed after the signing of this agreement by— (i) the lessor or tenant giving the other party a notice proposing a way; and (ii) the other party agreeing to the proposal in writing; or\n- (i) the lessor or tenant giving the other party a notice proposing a way; and\n- (ii) the other party agreeing to the proposal in writing; or\n- (c) if the lessor or lessor’s agent intends to change the way rent is paid to a way that is not stated in item 9 and no way is agreed to after the signing of this agreement—in a way the lessor or lessor’s agent proposes by notice to the tenant under section 84A .\n- (i) the lessor or tenant giving the other party a notice proposing a way; and\n- (ii) the other party agreeing to the proposal in writing; or\n- • the lessor’s address for service\n- • the office of the lessor’s agent","sortOrder":261},{"sectionNumber":"sch.3-sec.10-oc.2","sectionType":"section","heading":"Rent in advance— s 87","content":"### sch.3-sec.10-oc.2 Rent in advance— s 87\n\nThe lessor or lessor’s agent may require the tenant to pay rent in advance only if the payment is no more than—\nfor a periodic agreement—2 weeks rent; or\nfor a fixed term agreement—1 month rent.\nUnder section 87 (2) , the lessor or lessor’s agent must not require payment of rent under this agreement in a period for which rent has already been paid.\n- (a) for a periodic agreement—2 weeks rent; or\n- (b) for a fixed term agreement—1 month rent.","sortOrder":262},{"sectionNumber":"sch.3-pt.2-div.4","sectionType":"division","heading":"Rental bond","content":"## Rental bond","sortOrder":263},{"sectionNumber":"sch.3-sec.11-oc.2","sectionType":"section","heading":"Rental bond required— ss 111 and 116","content":"### sch.3-sec.11-oc.2 Rental bond required— ss 111 and 116\n\nIf a rental bond is stated in item 11, the tenant must pay to the lessor or lessor’s agent the bond—\nif a special term requires the bond to be paid at a stated time—at the stated time; or\nif a special term requires the bond to be paid by instalments—by instalments; or\notherwise—when the tenant signs this agreement.\nThere is a maximum rental bond that may be required. See sections 112 (1) and 146 and the information statement.\nThe lessor or lessor’s agent must, within 10 days of receiving the rental 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.\nThe rental bond is intended to be available to financially protect the lessor if the tenant breaches this agreement.\nThe lessor may claim against the rental bond if the tenant does not leave the premises in the required condition at the end of the tenancy.\nFor how to apply to the authority or tribunal for the rental bond at the end of the tenancy, see sections 125 to 141 and the information statement.\n(sch.3-sec.11-oc.2-ssec.1) If a rental bond is stated in item 11, the tenant must pay to the lessor or lessor’s agent the bond— if a special term requires the bond to be paid at a stated time—at the stated time; or if a special term requires the bond to be paid by instalments—by instalments; or otherwise—when the tenant signs this agreement. There is a maximum rental bond that may be required. See sections 112 (1) and 146 and the information statement.\n(sch.3-sec.11-oc.2-ssec.2) The lessor or lessor’s agent must, within 10 days of receiving the rental 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.\n(sch.3-sec.11-oc.2-ssec.3) The rental bond is intended to be available to financially protect the lessor if the tenant breaches this agreement. The lessor may claim against the rental bond if the tenant does not leave the premises in the required condition at the end of the tenancy. For how to apply to the authority or tribunal for the rental bond at the end of the tenancy, see sections 125 to 141 and the information statement.\n- (a) if a special term requires the bond to be paid at a stated time—at the stated time; or\n- (b) if a special term requires the bond to be paid by instalments—by instalments; or\n- (c) otherwise—when the tenant signs this agreement.","sortOrder":264},{"sectionNumber":"sch.3-sec.12-oc.2","sectionType":"section","heading":"Increase in rental bond— s 154","content":"### sch.3-sec.12-oc.2 Increase in rental bond— s 154\n\nThe tenant must increase the rental bond if—\nthe rent increases and the lessor gives notice to the tenant to increase the bond; and\nthe notice is given at least 11 months after—\nthis agreement started; or\nif the bond has been increased previously, following a notice given under this clause—the day stated in the notice, or the last notice, for making the increase.\nThe notice must state the increased amount and a day by which the increase must be made.\nFor subclause (2), the day must be at least 1 month after the notice is given to the tenant.\n(sch.3-sec.12-oc.2-ssec.1) The tenant must increase the rental bond if— the rent increases and the lessor gives notice to the tenant to increase the bond; and the notice is given at least 11 months after— this agreement started; or if the bond has been increased previously, following a notice given under this clause—the day stated in the notice, or the last notice, for making the increase.\n(sch.3-sec.12-oc.2-ssec.2) The notice must state the increased amount and a day by which the increase must be made.\n(sch.3-sec.12-oc.2-ssec.3) For subclause (2), the day must be at least 1 month after the notice is given to the tenant.\n- (a) the rent increases and the lessor gives notice to the tenant to increase the bond; and\n- (b) the notice is given at least 11 months after— (i) this agreement started; or (ii) if the bond has been increased previously, following a notice given under this clause—the day stated in the notice, or the last notice, for making the increase.\n- (i) this agreement started; or\n- (ii) if the bond has been increased previously, following a notice given under this clause—the day stated in the notice, or the last notice, for making the increase.\n- (i) this agreement started; or\n- (ii) if the bond has been increased previously, following a notice given under this clause—the day stated in the notice, or the last notice, for making the increase.","sortOrder":265},{"sectionNumber":"sch.3-pt.2-div.5","sectionType":"division","heading":"Outgoings","content":"## Outgoings","sortOrder":266},{"sectionNumber":"sch.3-sec.13-oc.2","sectionType":"section","heading":"Outgoings— s 163","content":"### sch.3-sec.13-oc.2 Outgoings— s 163\n\nThe lessor must pay all charges, levies, premiums, rates or taxes for the premises, other than a service charge for the premises.\ncouncil general rates, sewerage charges, environment levies, land tax\nThis clause does not apply if—\nrent is not payable under this agreement; and\nthe tenant is an entity receiving financial or other assistance from the State to supply rented accommodation to persons.\n(sch.3-sec.13-oc.2-ssec.1) The lessor must pay all charges, levies, premiums, rates or taxes for the premises, other than a service charge for the premises. council general rates, sewerage charges, environment levies, land tax\n(sch.3-sec.13-oc.2-ssec.2) This clause does not apply if— rent is not payable under this agreement; and the tenant is an entity receiving financial or other assistance from the State to supply rented accommodation to persons.\n- (a) rent is not payable under this agreement; and\n- (b) the tenant is an entity receiving financial or other assistance from the State to supply rented accommodation to persons.","sortOrder":267},{"sectionNumber":"sch.3-sec.14-oc.2","sectionType":"section","heading":"General service charges— ss 164 and 165","content":"### sch.3-sec.14-oc.2 General service charges— ss 164 and 165\n\nThe tenant must pay a service charge, other than a water service charge, for a service supplied to the premises during the tenancy if—\nthe tenant enjoys or shares the benefit of the service; and\nthe service is stated in item 12.1; and\neither—\nthe premises are individually metered for the service; or\nitem 13 states how the tenant’s apportionment of the cost of the service is to be worked out; and\nitem 14 states how the charge may be recovered by the lessor from the tenant.\nSection 165 (3) limits the amount the tenant must pay.\n- (a) the tenant enjoys or shares the benefit of the service; and\n- (b) the service is stated in item 12.1; and\n- (c) either— (i) the premises are individually metered for the service; or (ii) item 13 states how the tenant’s apportionment of the cost of the service is to be worked out; and\n- (i) the premises are individually metered for the service; or\n- (ii) item 13 states how the tenant’s apportionment of the cost of the service is to be worked out; and\n- (d) item 14 states how the charge may be recovered by the lessor from the tenant.\n- (i) the premises are individually metered for the service; or\n- (ii) item 13 states how the tenant’s apportionment of the cost of the service is to be worked out; and","sortOrder":268},{"sectionNumber":"sch.3-sec.15-oc.2","sectionType":"section","heading":"Water service charges— ss 164 , 166 and 166A","content":"### sch.3-sec.15-oc.2 Water service charges— ss 164 , 166 and 166A\n\nThe tenant must pay an amount for the water consumption charges for the premises if—\nthe tenant is enjoying or sharing the benefit of a water service to the premises; and\nthe premises are individually metered for the supply of water or water is supplied to the premises by delivery by means of a vehicle; and\nitem 12.2 states that the tenant must pay for water supplied to the premises.\nHowever, the tenant does not have to pay an amount—\nthat is more than the amount of the water consumption charges payable to the relevant water supplier; or\nthat is a fixed charge for the water service to the premises.\nAlso, 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 .\nIn 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) .\nThe lessor must give the tenant copies of water consumption charges documents within 4 weeks after the lessor receives the documents.\nThe tenant must pay the amount of the water consumption charge to the lessor within 4 weeks after the lessor gives the tenant copies of water consumption charges documents about the incurring of the amount.\nThe tenant is not required to pay an amount for the water consumption charges if the tenant has not received a copy of the water consumption charges document about the amount payable to the relevant water supplier.\nSubclause (9) applies if water consumption charges are payable for a period that includes part but not all of a period specified, or to be specified, in a water consumption charges document.\nThe tenant may be required to pay an amount, calculated for a partial billing period under section 166A , using—\na meter reading for the premises recorded in a condition report; and\na reasonable estimate of the volume of water supplied to the premises during the period for which water consumption charges are payable by the tenant; and\nthe rate used to calculate the water consumption charge stated in the most recent water consumption charges document.\nIn this clause—\nwater consumption charge , for premises, means the variable part of a water service charge assessed on the volume of water supplied to the premises.\nIf there is a dispute about how much water (or any other service charge) the tenant should pay for, the lessor or tenant may attempt to resolve the dispute by conciliation.\nwater consumption charges document means a document, issued to the lessor by the relevant water supplier, stating the amount of water consumption charges for the premises that are payable to the supplier.\n(sch.3-sec.15-oc.2-ssec.1) The tenant must pay an amount for the water consumption charges for the premises if— the tenant is enjoying or sharing the benefit of a water service to the premises; and 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 item 12.2 states that the tenant must pay for water supplied to the premises.\n(sch.3-sec.15-oc.2-ssec.2) However, the tenant does not have to pay an amount— that is more than the amount of the water consumption charges payable to the relevant water supplier; or that is a fixed charge for the water service to the premises.\n(sch.3-sec.15-oc.2-ssec.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 .\n(sch.3-sec.15-oc.2-ssec.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) .\n(sch.3-sec.15-oc.2-ssec.5) The lessor must give the tenant copies of water consumption charges documents within 4 weeks after the lessor receives the documents.\n(sch.3-sec.15-oc.2-ssec.6) The tenant must pay the amount of the water consumption charge to the lessor within 4 weeks after the lessor gives the tenant copies of water consumption charges documents about the incurring of the amount.\n(sch.3-sec.15-oc.2-ssec.7) The tenant is not required to pay an amount for the water consumption charges if the tenant has not received a copy of the water consumption charges document about the amount payable to the relevant water supplier.\n(sch.3-sec.15-oc.2-ssec.8) Subclause (9) applies if water consumption charges are payable for a period that includes part but not all of a period specified, or to be specified, in a water consumption charges document.\n(sch.3-sec.15-oc.2-ssec.9) The tenant may be required to pay an amount, calculated for a partial billing period under section 166A , using— a meter reading for the premises recorded in a condition report; and a reasonable estimate of the volume of water supplied to the premises during the period for which water consumption charges are payable by the tenant; and the rate used to calculate the water consumption charge stated in the most recent water consumption charges document.\n(sch.3-sec.15-oc.2-ssec.10) 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. If there is a dispute about how much water (or any other service charge) the tenant should pay for, the lessor or tenant may attempt to resolve the dispute by conciliation. water consumption charges document means a document, issued to the lessor by the relevant water supplier, stating the amount of water consumption charges for the premises that are payable to the supplier.\n- (a) the tenant is enjoying or sharing the benefit of a water service to the premises; and\n- (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\n- (c) item 12.2 states that the tenant must pay for water supplied to the premises.\n- (a) that is more than the amount of the water consumption charges payable to the relevant water supplier; or\n- (b) that is a fixed charge for the water service to the premises.\n- (a) a meter reading for the premises recorded in a condition report; and\n- (b) a reasonable estimate of the volume of water supplied to the premises during the period for which water consumption charges are payable by the tenant; and\n- (c) the rate used to calculate the water consumption charge stated in the most recent water consumption charges document.","sortOrder":269},{"sectionNumber":"sch.3-pt.2-div.6","sectionType":"division","heading":"Rights and obligations during tenancy","content":"## Rights and obligations during tenancy","sortOrder":270},{"sectionNumber":"sch.3-sec.16-oc.2","sectionType":"section","heading":"No legal impediments to occupation— s 181","content":"### sch.3-sec.16-oc.2 No legal impediments to occupation— s 181\n\nThe 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.\na certificate might be required under the Building Act 1975 before the premises can lawfully be occupied\nthe zoning of the land might prevent use of a building on the land as a residence\n- • a certificate might be required under the Building Act 1975 before the premises can lawfully be occupied\n- • the zoning of the land might prevent use of a building on the land as a residence","sortOrder":271},{"sectionNumber":"sch.3-sec.17-oc.2","sectionType":"section","heading":"Vacant possession and quiet enjoyment— ss 182 and 183","content":"### sch.3-sec.17-oc.2 Vacant possession and quiet enjoyment— ss 182 and 183\n\nThe 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.\nParts of the premises where the tenant does not have a right to occupy exclusively may be identified in a special term.\nThe lessor must take reasonable steps to ensure the tenant has quiet enjoyment of the premises.\nThe lessor or lessor’s agent must not interfere with the reasonable peace, comfort or privacy of the tenant in using the premises.\n(sch.3-sec.17-oc.2-ssec.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. Parts of the premises where the tenant does not have a right to occupy exclusively may be identified in a special term.\n(sch.3-sec.17-oc.2-ssec.2) The lessor must take reasonable steps to ensure the tenant has quiet enjoyment of the premises.\n(sch.3-sec.17-oc.2-ssec.3) The lessor or lessor’s agent must not interfere with the reasonable peace, comfort or privacy of the tenant in using the premises.","sortOrder":272},{"sectionNumber":"sch.3-sec.18-oc.2","sectionType":"section","heading":"Lessor’s right to enter the premises— ss 192 – 199","content":"### sch.3-sec.18-oc.2 Lessor’s right to enter the premises— ss 192 – 199\n\nThe lessor or lessor’s agent may enter the premises during the tenancy only if the obligations under sections 192 to 199 have been complied with.","sortOrder":273},{"sectionNumber":"sch.3-sec.19","sectionType":"section","heading":"Tenant’s use of premises— ss 10 and 184","content":"### sch.3-sec.19 Tenant’s use of premises— ss 10 and 184\n\nThe tenant may use the premises—\nonly as a place of residence; or\nmainly as a place of residence and for another use allowed under a special term.\nThe tenant must not—\nuse the premises for an illegal purpose; or\ncause a nuisance by the use of the premises; or\nusing paints or chemicals on the premises that go onto or cause odours on adjoining land\nmaking loud noises\nallowing large amounts of water to escape onto adjoining land\ninterfere with the reasonable peace, comfort or privacy of a neighbour of the tenant; or\nallow another person on the premises to interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant.\n(sch.3-sec.19-ssec.1) The tenant may use the premises— only as a place of residence; or mainly as a place of residence and for another use allowed under a special term.\n(sch.3-sec.19-ssec.2) The tenant must not— use the premises for an illegal purpose; or cause a nuisance by the use of the premises; or using paints or chemicals on the premises that go onto or cause odours on adjoining land making loud noises allowing large amounts of water to escape onto adjoining land interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant; or allow another person on the premises to interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant.\n- (a) only as a place of residence; or\n- (b) mainly as a place of residence and for another use allowed under a special term.\n- (a) use the premises for an illegal purpose; or\n- (b) cause a nuisance by the use of the premises; or Examples of things that may constitute a nuisance— • using paints or chemicals on the premises that go onto or cause odours on adjoining land • making loud noises • allowing large amounts of water to escape onto adjoining land\n- • using paints or chemicals on the premises that go onto or cause odours on adjoining land\n- • making loud noises\n- • allowing large amounts of water to escape onto adjoining land\n- (c) interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant; or\n- (d) allow another person on the premises to interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant.\n- • using paints or chemicals on the premises that go onto or cause odours on adjoining land\n- • making loud noises\n- • allowing large amounts of water to escape onto adjoining land","sortOrder":274},{"sectionNumber":"sch.3-sec.20","sectionType":"section","heading":"Number of occupants allowed","content":"### sch.3-sec.20 Number of occupants allowed\n\nNo more than the number of persons stated in item 15 may reside at the premises.","sortOrder":275},{"sectionNumber":"sch.3-sec.21","sectionType":"section","heading":"Body corporate by-laws— s 69","content":"### sch.3-sec.21 Body corporate by-laws— s 69\n\nThe lessor must give the tenant a copy of any body corporate by-laws applicable to—\nthe occupation of the premises; or\nany common area available for use by the tenant with the premises.\nThe tenant must comply with the body corporate by-laws.\nSubclause (1) does not apply if—\nthis agreement has the effect of continuing the tenant’s right to occupy the premises under an earlier residential tenancy agreement; and\nthe lessor gave the tenant a copy of the body corporate by-laws in relation to the earlier agreement.\n(sch.3-sec.21-ssec.1) The lessor must give the tenant a copy of any body corporate by-laws applicable to— the occupation of the premises; or any common area available for use by the tenant with the premises.\n(sch.3-sec.21-ssec.2) The tenant must comply with the body corporate by-laws.\n(sch.3-sec.21-ssec.3) Subclause (1) does not apply if— this agreement has the effect of continuing the tenant’s right to occupy the premises under an earlier residential tenancy agreement; and the lessor gave the tenant a copy of the body corporate by-laws in relation to the earlier agreement.\n- (a) the occupation of the premises; or\n- (b) any common area available for use by the tenant with the premises.\n- (a) this agreement has the effect of continuing the tenant’s right to occupy the premises under an earlier residential tenancy agreement; and\n- (b) the lessor gave the tenant a copy of the body corporate by-laws in relation to the earlier agreement.","sortOrder":276},{"sectionNumber":"sch.3-sec.22","sectionType":"section","heading":"Lessor’s obligations— s 185","content":"### sch.3-sec.22 Lessor’s obligations— s 185\n\nAt the start of the tenancy, the lessor must ensure—\nthe premises are clean; and\nthe premises are fit for the tenant to live in; and\nthe premises are in good repair; and\nthe lessor is not in breach of a law dealing with issues about the health or safety of persons using or entering the premises; and\nthe premises otherwise comply with any prescribed minimum housing standards applying to the premises.\nWhile the tenancy continues, the lessor must—\nmaintain the premises in a way that the premises remain fit for the tenant to live in; and\nmaintain the premises in good repair; and\nensure any law dealing with issues about the health or safety of persons using the premises is complied with; and\nkeep any common area included in the premises clean; and\nensure the premises otherwise comply with any prescribed minimum housing standards applying to the premises.\nHowever, 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—\nthe non-standard items are stated in this agreement and this agreement states the lessor is not responsible for their maintenance; and\nthe non-standard items are not necessary and reasonable to make the premises a fit place in which to live; and\nthe non-standard items are not a risk to health or safety; and\nfor fixtures—the fixtures were not attached to the premises by the lessor.\nIn this clause—\nnon-standard items means the fixtures attached to the premises and inclusions supplied with the premises stated in item 5.2.\npremises include any common area available for use by the tenant with the premises.\n(sch.3-sec.22-ssec.1) At the start of the tenancy, the lessor must ensure— the premises are clean; and the premises are fit for the tenant to live in; and the premises are in good repair; and 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 the premises otherwise comply with any prescribed minimum housing standards applying to the premises.\n(sch.3-sec.22-ssec.2) While the tenancy continues, the lessor must— maintain the premises in a way that the premises remain fit for the tenant to live in; and maintain the premises in good repair; and ensure any law dealing with issues about the health or safety of persons using the premises is complied with; and keep any common area included in the premises clean; and ensure the premises otherwise comply with any prescribed minimum housing standards applying to the premises.\n(sch.3-sec.22-ssec.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— the non-standard items are stated in this agreement and this agreement states the lessor is not responsible for their maintenance; and the non-standard items are not necessary and reasonable to make the premises a fit place in which to live; and the non-standard items are not a risk to health or safety; and for fixtures—the fixtures were not attached to the premises by the lessor.\n(sch.3-sec.22-ssec.4) In this clause— non-standard items means the fixtures attached to the premises and inclusions supplied with the premises stated in item 5.2. premises include any common area available for use by the tenant with the premises.\n- (a) the premises are clean; and\n- (b) the premises are fit for the tenant to live in; and\n- (c) the premises are in good repair; and\n- (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\n- (e) the premises otherwise comply with any prescribed minimum housing standards applying to the premises.\n- (a) maintain the premises in a way that the premises remain fit for the tenant to live in; and\n- (b) maintain the premises in good repair; and\n- (c) ensure any law dealing with issues about the health or safety of persons using the premises is complied with; and\n- (d) keep any common area included in the premises clean; and\n- (e) ensure the premises otherwise comply with any prescribed minimum housing standards applying to the premises.\n- (a) the non-standard items are stated in this agreement and this agreement states the lessor is not responsible for their maintenance; and\n- (b) the non-standard items are not necessary and reasonable to make the premises a fit place in which to live; and\n- (c) the non-standard items are not a risk to health or safety; and\n- (d) for fixtures—the fixtures were not attached to the premises by the lessor.","sortOrder":277},{"sectionNumber":"sch.3-sec.23","sectionType":"section","heading":"Tenant’s obligations generally— s 188","content":"### sch.3-sec.23 Tenant’s obligations generally— s 188\n\nThe tenant must keep the premises clean, having regard to their condition at the start of the tenancy.\nThe tenant must not maliciously damage, or allow someone else to maliciously damage, the premises.\nThe 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 caused by an act of domestic violence experienced by the tenant.\n(sch.3-sec.23-ssec.1) The tenant must keep the premises clean, having regard to their condition at the start of the tenancy.\n(sch.3-sec.23-ssec.2) The tenant must not maliciously damage, or allow someone else to maliciously damage, the premises.\n(sch.3-sec.23-ssec.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 caused by an act of domestic violence experienced by the tenant.","sortOrder":278},{"sectionNumber":"sch.3-sec.24","sectionType":"section","heading":"Fixtures or structural changes— ss 207 – 209","content":"### sch.3-sec.24 Fixtures or structural changes— ss 207 – 209\n\nThe tenant may attach a fixture, or make a structural change, to the premises only if—\nthe tenant gives the lessor a request, in the approved form, for approval to attach the fixture or make the structural change; and\nthe lessor agrees to the request; and\nfor body corporate premises—the body corporate agrees to the request; and\nthe fixture is attached, or structural change is made, in accordance with the lessor’s agreement.\nFixtures are generally items permanently attached to land or to a building that are intended to become part of the land or building. Attaching a fixture may include, for example, gluing, nailing or screwing the fixture to a wall.\nThe lessor must—\ndecide the request—\nwithin 28 days after receiving the request; or\nif the premises are not body corporate premises—within a longer period, if agreed to by the tenant and lessor; and\nadvise the tenant of the lessor’s decision; and\nif the lessor agrees to the request and the premises are body corporate premises—\nstate that the lessor’s agreement is subject to agreement by the body corporate; and\ngive the request to the body corporate within 28 days after receiving the request; and\nadvise the tenant as soon as reasonably practicable of the body corporate’s decision about the request.\nIf the lessor agrees to the request, the lessor must give the tenant an agreement that—\nis in writing; and\ndescribes the nature of the fixture or structural change; and\nstates any conditions of the agreement, including any conditions given by the body corporate.\nthat the tenant must maintain the fixture in a particular way\nthat the tenant must remove the fixture and must repair damage caused by removing the fixture\nthat the lessor must compensate the tenant for the fixture if the tenant can not remove it\nThe tenant must comply with any conditions of the agreement given by the lessor or body corporate.\nIn this clause—\nbody corporate premises means premises—\nthat are part of a body corporate scheme; and\nfor which, under a body corporate law or body corporate by-law, the approval of the body corporate is required for the attachment of a fixture, or the making of a structural change, to the premises.\n(sch.3-sec.24-ssec.1) The tenant may attach a fixture, or make a structural change, to the premises only if— the tenant gives the lessor a request, in the approved form, for approval to attach the fixture or make the structural change; and the lessor agrees to the request; and for body corporate premises—the body corporate agrees to the request; and the fixture is attached, or structural change is made, in accordance with the lessor’s agreement. Fixtures are generally items permanently attached to land or to a building that are intended to become part of the land or building. Attaching a fixture may include, for example, gluing, nailing or screwing the fixture to a wall.\n(sch.3-sec.24-ssec.2) The lessor must— decide the request— within 28 days after receiving the request; or if the premises are not body corporate premises—within a longer period, if agreed to by the tenant and lessor; and advise the tenant of the lessor’s decision; and if the lessor agrees to the request and the premises are body corporate premises— state that the lessor’s agreement is subject to agreement by the body corporate; and give the request to the body corporate within 28 days after receiving the request; and advise the tenant as soon as reasonably practicable of the body corporate’s decision about the request.\n(sch.3-sec.24-ssec.3) If the lessor agrees to the request, the lessor must give the tenant an agreement that— is in writing; and describes the nature of the fixture or structural change; and states any conditions of the agreement, including any conditions given by the body corporate. that the tenant must maintain the fixture in a particular way that the tenant must remove the fixture and must repair damage caused by removing the fixture that the lessor must compensate the tenant for the fixture if the tenant can not remove it\n(sch.3-sec.24-ssec.4) The tenant must comply with any conditions of the agreement given by the lessor or body corporate.\n(sch.3-sec.24-ssec.5) In this clause— body corporate premises means premises— that are part of a body corporate scheme; and for which, under a body corporate law or body corporate by-law, the approval of the body corporate is required for the attachment of a fixture, or the making of a structural change, to the premises.\n- (a) the tenant gives the lessor a request, in the approved form, for approval to attach the fixture or make the structural change; and\n- (b) the lessor agrees to the request; and\n- (c) for body corporate premises—the body corporate agrees to the request; and\n- (d) the fixture is attached, or structural change is made, in accordance with the lessor’s agreement.\n- (a) decide the request— (i) within 28 days after receiving the request; or (ii) if the premises are not body corporate premises—within a longer period, if agreed to by the tenant and lessor; and\n- (i) within 28 days after receiving the request; or\n- (ii) if the premises are not body corporate premises—within a longer period, if agreed to by the tenant and lessor; and\n- (b) advise the tenant of the lessor’s decision; and\n- (c) if the lessor agrees to the request and the premises are body corporate premises— (i) state that the lessor’s agreement is subject to agreement by the body corporate; and (ii) give the request to the body corporate within 28 days after receiving the request; and (iii) advise the tenant as soon as reasonably practicable of the body corporate’s decision about the request.\n- (i) state that the lessor’s agreement is subject to agreement by the body corporate; and\n- (ii) give the request to the body corporate within 28 days after receiving the request; and\n- (iii) advise the tenant as soon as reasonably practicable of the body corporate’s decision about the request.\n- (i) within 28 days after receiving the request; or\n- (ii) if the premises are not body corporate premises—within a longer period, if agreed to by the tenant and lessor; and\n- (i) state that the lessor’s agreement is subject to agreement by the body corporate; and\n- (ii) give the request to the body corporate within 28 days after receiving the request; and\n- (iii) advise the tenant as soon as reasonably practicable of the body corporate’s decision about the request.\n- (a) is in writing; and\n- (b) describes the nature of the fixture or structural change; and\n- (c) states any conditions of the agreement, including any conditions given by the body corporate. Examples of conditions— • that the tenant must maintain the fixture in a particular way • that the tenant must remove the fixture and must repair damage caused by removing the fixture • that the lessor must compensate the tenant for the fixture if the tenant can not remove it\n- • that the tenant must maintain the fixture in a particular way\n- • that the tenant must remove the fixture and must repair damage caused by removing the fixture\n- • that the lessor must compensate the tenant for the fixture if the tenant can not remove it\n- • that the tenant must maintain the fixture in a particular way\n- • that the tenant must remove the fixture and must repair damage caused by removing the fixture\n- • that the lessor must compensate the tenant for the fixture if the tenant can not remove it\n- (a) that are part of a body corporate scheme; and\n- (b) for which, under a body corporate law or body corporate by-law, the approval of the body corporate is required for the attachment of a fixture, or the making of a structural change, to the premises.","sortOrder":279},{"sectionNumber":"sch.3-sec.25","sectionType":"section","heading":"Action by lessor for breach of lessor’s agreement about fixture or structural change— s 209A","content":"### sch.3-sec.25 Action by lessor for breach of lessor’s agreement about fixture or structural change— s 209A\n\nThis clause applies if—\nthe tenant attaches a fixture, or makes a structural change, to the premises; and\nthe lessor’s agreement is given under section 208 to attach the fixture or make the structural change; and\nthe tenant does not attach the fixture, or make the structural change, in accordance with the lessor’s agreement.\nThe lessor may—\ntake action for a breach of a term of this agreement; or\nwaive the breach and treat the fixture or structural change as an improvement to the premises for the lessor’s benefit.\n(sch.3-sec.25-ssec.1) This clause applies if— the tenant attaches a fixture, or makes a structural change, to the premises; and the lessor’s agreement is given under section 208 to attach the fixture or make the structural change; and the tenant does not attach the fixture, or make the structural change, in accordance with the lessor’s agreement.\n(sch.3-sec.25-ssec.2) The lessor may— take action for a breach of a term of this agreement; or waive the breach and treat the fixture or structural change as an improvement to the premises for the lessor’s benefit.\n- (a) the tenant attaches a fixture, or makes a structural change, to the premises; and\n- (b) the lessor’s agreement is given under section 208 to attach the fixture or make the structural change; and\n- (c) the tenant does not attach the fixture, or make the structural change, in accordance with the lessor’s agreement.\n- (a) take action for a breach of a term of this agreement; or\n- (b) waive the breach and treat the fixture or structural change as an improvement to the premises for the lessor’s benefit.","sortOrder":280},{"sectionNumber":"sch.3-sec.26","sectionType":"section","heading":"Supply of locks and keys— s 210","content":"### sch.3-sec.26 Supply of locks and keys— s 210\n\nThe lessor must supply and maintain all locks necessary to ensure the premises are reasonably secure.\nThe lessor must give the tenant, or if there is more than 1 tenant, give 1 of the tenants, a key for each lock that—\nsecures an entry to the premises; or\nsecures a road or other place normally used to gain access to, or leave, the area or building in which the premises are situated; or\nis part of the premises.\nIf 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).\n(sch.3-sec.26-ssec.1) The lessor must supply and maintain all locks necessary to ensure the premises are reasonably secure.\n(sch.3-sec.26-ssec.2) The lessor must give the tenant, or if there is more than 1 tenant, give 1 of the tenants, a key for each lock that— secures an entry to the premises; or 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 is part of the premises.\n(sch.3-sec.26-ssec.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).\n- (a) secures an entry to the premises; or\n- (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\n- (c) is part of the premises.","sortOrder":281},{"sectionNumber":"sch.3-sec.27","sectionType":"section","heading":"Changing locks— ss 211 and 212","content":"### sch.3-sec.27 Changing locks— ss 211 and 212\n\nThe lessor or tenant may change a lock at the premises only if—\nthe other party to this agreement agrees to the change; or\nthe lessor or tenant has a reasonable excuse for making the change; or\nthe lessor or tenant believes the change is necessary because of an emergency; or\nthe lock is changed to comply with an order of the tribunal.\nHowever, the tenant may also change a lock at the premises if the tenant—\nbelieves the change is necessary to protect the tenant or another occupant of the premises from domestic violence; and\nengages a locksmith or other qualified tradesperson to change the lock.\nThe lessor or tenant must not act unreasonably in failing to agree to the change of a lock.\nIf 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—\nthe other party agrees to not being given the key; or\nthe tribunal orders that the key not be given to the other party.\nIf 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.\nThe right of the lessor or tenant to change a lock under this clause is subject to a body corporate law or a body corporate by-law that applies to the premises.\n(sch.3-sec.27-ssec.1) The lessor or tenant may change a lock at the premises only if— the other party to this agreement agrees to the change; or the lessor or tenant has a reasonable excuse for making the change; or the lessor or tenant believes the change is necessary because of an emergency; or the lock is changed to comply with an order of the tribunal.\n(sch.3-sec.27-ssec.2) However, the tenant may also change a lock at the premises if the tenant— believes the change is necessary to protect the tenant or another occupant of the premises from domestic violence; and engages a locksmith or other qualified tradesperson to change the lock.\n(sch.3-sec.27-ssec.3) The lessor or tenant must not act unreasonably in failing to agree to the change of a lock.\n(sch.3-sec.27-ssec.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— the other party agrees to not being given the key; or the tribunal orders that the key not be given to the other party.\n(sch.3-sec.27-ssec.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.\n(sch.3-sec.27-ssec.6) The right of the lessor or tenant to change a lock under this clause is subject to a body corporate law or a body corporate by-law that applies to the premises.\n- (a) the other party to this agreement agrees to the change; or\n- (b) the lessor or tenant has a reasonable excuse for making the change; or\n- (c) the lessor or tenant believes the change is necessary because of an emergency; or\n- (d) the lock is changed to comply with an order of the tribunal.\n- (a) believes the change is necessary to protect the tenant or another occupant of the premises from domestic violence; and\n- (b) engages a locksmith or other qualified tradesperson to change the lock.\n- (a) the other party agrees to not being given the key; or\n- (b) the tribunal orders that the key not be given to the other party.","sortOrder":282},{"sectionNumber":"sch.3-sec.28","sectionType":"section","heading":"Meaning of emergency and routine repairs— ss 214 and 215","content":"### sch.3-sec.28 Meaning of emergency and routine repairs— ss 214 and 215\n\nEmergency repairs are works needed to repair any of the following—\na burst water service or serious water service leak;\na blocked or broken lavatory system;\na serious roof leak;\na gas leak;\na dangerous electrical fault;\nflooding or serious flood damage;\nserious storm, fire or impact damage;\na failure or breakdown of the gas, electricity or water supply to the premises;\na failure or breakdown of an essential service or appliance on the premises for hot water, cooking or heating;\na fault or damage that makes the premises unsafe or insecure;\na fault or damage likely to injure a person, damage property or unduly inconvenience a tenant of the premises;\na serious fault in a staircase, lift or other common area of the premises that unduly inconveniences a tenant in gaining access to, or using, the premises.\nAlso, emergency repairs are works needed for the premises to comply with the prescribed minimum housing standards.\nRoutine repairs are repairs that are not emergency repairs.\n(sch.3-sec.28-ssec.1) Emergency repairs are works needed to repair any of the following— a burst water service or serious water service leak; a blocked or broken lavatory system; a serious roof leak; a gas leak; a dangerous electrical fault; flooding or serious flood damage; serious storm, fire or impact damage; a failure or breakdown of the gas, electricity or water supply to the premises; a failure or breakdown of an essential service or appliance on the premises for hot water, cooking or heating; a fault or damage that makes the premises unsafe or insecure; a fault or damage likely to injure a person, damage property or unduly inconvenience a tenant of the premises; a serious fault in a staircase, lift or other common area of the premises that unduly inconveniences a tenant in gaining access to, or using, the premises.\n(sch.3-sec.28-ssec.2) Also, emergency repairs are works needed for the premises to comply with the prescribed minimum housing standards.\n(sch.3-sec.28-ssec.3) Routine repairs are repairs that are not emergency repairs.\n- (a) a burst water service or serious water service leak;\n- (b) a blocked or broken lavatory system;\n- (c) a serious roof leak;\n- (d) a gas leak;\n- (e) a dangerous electrical fault;\n- (f) flooding or serious flood damage;\n- (g) serious storm, fire or impact damage;\n- (h) a failure or breakdown of the gas, electricity or water supply to the premises;\n- (i) a failure or breakdown of an essential service or appliance on the premises for hot water, cooking or heating;\n- (j) a fault or damage that makes the premises unsafe or insecure;\n- (k) a fault or damage likely to injure a person, damage property or unduly inconvenience a tenant of the premises;\n- (l) a serious fault in a staircase, lift or other common area of the premises that unduly inconveniences a tenant in gaining access to, or using, the premises.","sortOrder":283},{"sectionNumber":"sch.3-sec.29","sectionType":"section","heading":"Nominated repairer for emergency repairs— s 216","content":"### sch.3-sec.29 Nominated repairer for emergency repairs— s 216\n\nThe lessor’s nominated repairer for emergency repairs of a particular type must be stated either—\nin item 17; or\nin a notice given by the lessor to the tenant.\nThe notice must state—\nthe name and telephone number of the nominated repairer; and\nwhether or not the nominated repairer is the tenant’s first point of contact for notifying of the need for emergency repairs.\nThe lessor must give notice to the tenant of any change of the lessor’s nominated repairer or the telephone number of the nominated repairer.\nThis clause does not apply if—\nthe lessor has given the tenant a telephone number of the lessor; and\nthe lessor gives notice to the tenant that the lessor is to arrange for emergency repairs to be made to the premises.\n(sch.3-sec.29-ssec.1) The lessor’s nominated repairer for emergency repairs of a particular type must be stated either— in item 17; or in a notice given by the lessor to the tenant.\n(sch.3-sec.29-ssec.2) The notice must state— the name and telephone number of the nominated repairer; and whether or not the nominated repairer is the tenant’s first point of contact for notifying of the need for emergency repairs.\n(sch.3-sec.29-ssec.3) The lessor must give notice to the tenant of any change of the lessor’s nominated repairer or the telephone number of the nominated repairer.\n(sch.3-sec.29-ssec.4) This clause does not apply if— the lessor has given the tenant a telephone number of the lessor; and the lessor gives notice to the tenant that the lessor is to arrange for emergency repairs to be made to the premises.\n- (a) in item 17; or\n- (b) in a notice given by the lessor to the tenant.\n- (a) the name and telephone number of the nominated repairer; and\n- (b) whether or not the nominated repairer is the tenant’s first point of contact for notifying of the need for emergency repairs.\n- (a) the lessor has given the tenant a telephone number of the lessor; and\n- (b) the lessor gives notice to the tenant that the lessor is to arrange for emergency repairs to be made to the premises.","sortOrder":284},{"sectionNumber":"sch.3-sec.30","sectionType":"section","heading":"Notice of damage— s 217","content":"### sch.3-sec.30 Notice of damage— s 217\n\nIf the tenant knows the premises have been damaged, the tenant must give notice as soon as practicable of the damage.\nIf the premises need routine repairs, the notice must be given to the lessor.\nIf the premises need emergency repairs, the notice must be given to the lessor if—\nthere is no nominated repairer for the repairs; or\na nominated repairer for the repairs is not the tenant’s first point of contact; or\na nominated repairer for the repairs is the tenant’s first point of contact but the tenant has been unable to contact the repairer after making reasonable efforts.\nIf the premises need emergency repairs and there is a nominated repairer of the lessor for the repairs, the notice must be given to the repairer if—\nthe repairer is the tenant’s first point of contact; or\nthe repairer is not the tenant’s first point of contact but the tenant has been unable to contact the lessor after making reasonable efforts.\nDespite clause 47, a notice under this clause does not need to be written.\nThis clause does not apply to the tenant for damage caused by an act of domestic violence experienced by the tenant.\n(sch.3-sec.30-ssec.1) If the tenant knows the premises have been damaged, the tenant must give notice as soon as practicable of the damage.\n(sch.3-sec.30-ssec.2) If the premises need routine repairs, the notice must be given to the lessor.\n(sch.3-sec.30-ssec.3) If the premises need emergency repairs, the notice must be given to the lessor if— there is no nominated repairer for the repairs; or a nominated repairer for the repairs is not the tenant’s first point of contact; or a nominated repairer for the repairs is the tenant’s first point of contact but the tenant has been unable to contact the repairer after making reasonable efforts.\n(sch.3-sec.30-ssec.4) If the premises need emergency repairs and there is a nominated repairer of the lessor for the repairs, the notice must be given to the repairer if— the repairer is the tenant’s first point of contact; or the repairer is not the tenant’s first point of contact but the tenant has been unable to contact the lessor after making reasonable efforts.\n(sch.3-sec.30-ssec.5) Despite clause 47, a notice under this clause does not need to be written.\n(sch.3-sec.30-ssec.6) This clause does not apply to the tenant for damage caused by an act of domestic violence experienced by the tenant.\n- (a) there is no nominated repairer for the repairs; or\n- (b) a nominated repairer for the repairs is not the tenant’s first point of contact; or\n- (c) a nominated repairer for the repairs is the tenant’s first point of contact but the tenant has been unable to contact the repairer after making reasonable efforts.\n- (a) the repairer is the tenant’s first point of contact; or\n- (b) the repairer is not the tenant’s first point of contact but the tenant has been unable to contact the lessor after making reasonable efforts.","sortOrder":285},{"sectionNumber":"sch.3-sec.31","sectionType":"section","heading":"Emergency repairs arranged by tenant— ss 218 and 219","content":"### sch.3-sec.31 Emergency repairs arranged by tenant— ss 218 and 219\n\nThe tenant may arrange for a suitably qualified person to make emergency repairs of the premises or apply to the tribunal under section 221 for orders about the repairs if—\nthe tenant has been unable to notify the lessor or nominated repairer of the need for the repairs; or\nthe repairs are not made within a reasonable time after notice is given.\nSection 219A also provides that the lessor’s agent may arrange for emergency repairs.\nThe 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.\nFor how the tenant may require reimbursement for the repairs, see sections 219 (2) and (3) and 220 and the information statement.\n(sch.3-sec.31-ssec.1) The tenant may arrange for a suitably qualified person to make emergency repairs of the premises or apply to the tribunal under section 221 for orders about the repairs if— the tenant has been unable to notify the lessor or nominated repairer of the need for the repairs; or the repairs are not made within a reasonable time after notice is given. Section 219A also provides that the lessor’s agent may arrange for emergency repairs.\n(sch.3-sec.31-ssec.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. For how the tenant may require reimbursement for the repairs, see sections 219 (2) and (3) and 220 and the information statement.\n- (a) the tenant has been unable to notify the lessor or nominated repairer of the need for the repairs; or\n- (b) the repairs are not made within a reasonable time after notice is given.","sortOrder":286},{"sectionNumber":"sch.3-sec.32","sectionType":"section","heading":"Keeping pets and other animals at premises— ss 184B and 184G","content":"### sch.3-sec.32 Keeping pets and other animals at premises— ss 184B and 184G\n\nThe tenant may keep a pet or other animal at the premises only with the approval of the lessor.\nHowever, the tenant may keep a working dog at the premises without the lessor’s approval.\nThe 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 18.\nIf item 18 states 2 cats, the tenant is approved by the lessor to keep up to 2 cats at the premises.\nFor additional approvals to keep a pet at the premises, see clause 34.\nAn authorisation to keep a 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—\nthe ending of this agreement, if the tenant continues occupying the premises under a new agreement;\na change in the lessor or lessor’s agent;\nfor a working dog—the retirement of the dog from the service the dog provided as a working dog.\nAn 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.\nThe premises may be subject to a local law that limits the number or types of animals that may be kept at the premises.\nThe 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.\n(sch.3-sec.32-ssec.1) The tenant may keep a pet or other animal at the premises only with the approval of the lessor.\n(sch.3-sec.32-ssec.2) However, the tenant may keep a working dog at the premises without the lessor’s approval.\n(sch.3-sec.32-ssec.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 18. If item 18 states 2 cats, the tenant is approved by the lessor to keep up to 2 cats at the premises. For additional approvals to keep a pet at the premises, see clause 34.\n(sch.3-sec.32-ssec.4) An authorisation to keep a 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— the ending of this agreement, if the tenant continues occupying the premises under a new agreement; a change in the lessor or lessor’s agent; for a working dog—the retirement of the dog from the service the dog provided as a working dog.\n(sch.3-sec.32-ssec.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. The premises may be subject to a local law that limits the number or types of animals that may be kept at the premises. The 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.\n- 1 If item 18 states 2 cats, the tenant is approved by the lessor to keep up to 2 cats at the premises.\n- 2 For additional approvals to keep a pet at the premises, see clause 34.\n- (a) the ending of this agreement, if the tenant continues occupying the premises under a new agreement;\n- (b) a change in the lessor or lessor’s agent;\n- (c) for a working dog—the retirement of the dog from the service the dog provided as a working dog.\n- 1 The premises may be subject to a local law that limits the number or types of animals that may be kept at the premises.\n- 2 The 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.","sortOrder":287},{"sectionNumber":"sch.3-sec.33","sectionType":"section","heading":"Tenant responsible for pets and other animals— s 184C","content":"### sch.3-sec.33 Tenant responsible for pets and other animals— s 184C\n\nThe 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.\nThe tenant is responsible for repairing any damage to the premises caused by the pet or other animal.\nDamage to the premises caused by the pet or other animal is not fair wear and tear.\n(sch.3-sec.33-ssec.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.\n(sch.3-sec.33-ssec.2) The tenant is responsible for repairing any damage to the premises caused by the pet or other animal.\n(sch.3-sec.33-ssec.3) Damage to the premises caused by the pet or other animal is not fair wear and tear.","sortOrder":288},{"sectionNumber":"sch.3-sec.34","sectionType":"section","heading":"Request for approval to keep pet— ss 184D and 184E","content":"### sch.3-sec.34 Request for approval to keep pet— ss 184D and 184E\n\nThe tenant may, using the approved form, request the lessor’s approval to keep a stated pet at the premises.\nThe lessor must respond to the tenant’s request within 14 days after receiving the request.\nThe lessor’s response to the request must be in writing and state—\nwhether the lessor approves or refuses the tenant’s request; and\nif the lessor approves the tenant’s request subject to conditions—the conditions of the approval; and\nSee clause 35 for limitations on conditions of approval to keep a pet at the premises.\nif the lessor refuses the tenant’s request—\nthe grounds for the refusal; and\nthe reasons the lessor believes the grounds for the refusal apply to the request.\nThe lessor may refuse the request for approval to keep a pet at the premises only on 1 or more of the following grounds—\nkeeping the pet would exceed a reasonable number of animals being kept at the premises;\nthe 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;\nkeeping the pet is likely to cause damage to the premises that could not practicably be repaired for a cost that is less than the amount of the rental bond for the premises;\nkeeping the pet would pose an unacceptable risk to the health and safety of a person, including, for example, because the pet is venomous;\nkeeping the pet would contravene a law;\nkeeping the pet would contravene a body corporate by-law applying to the premises;\nif the lessor proposed reasonable conditions for approval and the conditions comply with clause 35—the tenant has not agreed to the conditions;\nthe animal stated in the request is not a pet as defined in section 184A ;\nanother ground prescribed by a regulation under section 184E (1) (j) .\nThe lessor is taken to approve the keeping of the pet at the premises if—\nthe lessor does not comply with subclause (2); or\nthe lessor’s response does not comply with subclause (3).\n(sch.3-sec.34-ssec.1) The tenant may, using the approved form, request the lessor’s approval to keep a stated pet at the premises.\n(sch.3-sec.34-ssec.2) The lessor must respond to the tenant’s request within 14 days after receiving the request.\n(sch.3-sec.34-ssec.3) The lessor’s response to the request must be in writing and state— whether the lessor approves or refuses the tenant’s request; and if the lessor approves the tenant’s request subject to conditions—the conditions of the approval; and See clause 35 for limitations on conditions of approval to keep a pet at the premises. if the lessor refuses the tenant’s request— the grounds for the refusal; and the reasons the lessor believes the grounds for the refusal apply to the request.\n(sch.3-sec.34-ssec.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— keeping the pet would exceed a reasonable number of animals being kept at the premises; 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; keeping the pet is likely to cause damage to the premises that could not practicably be repaired for a cost that is less than the amount of the rental bond for the premises; keeping the pet would pose an unacceptable risk to the health and safety of a person, including, for example, because the pet is venomous; keeping the pet would contravene a law; keeping the pet would contravene a body corporate by-law applying to the premises; if the lessor proposed reasonable conditions for approval and the conditions comply with clause 35—the tenant has not agreed to the conditions; the animal stated in the request is not a pet as defined in section 184A ; another ground prescribed by a regulation under section 184E (1) (j) .\n(sch.3-sec.34-ssec.5) The lessor is taken to approve the keeping of the pet at the premises if— the lessor does not comply with subclause (2); or the lessor’s response does not comply with subclause (3).\n- (a) whether the lessor approves or refuses the tenant’s request; and\n- (b) if the lessor approves the tenant’s request subject to conditions—the conditions of the approval; and Note— See clause 35 for limitations on conditions of approval to keep a pet at the premises.\n- (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.\n- (i) the grounds for the refusal; and\n- (ii) the reasons the lessor believes the grounds for the refusal apply to the request.\n- (i) the grounds for the refusal; and\n- (ii) the reasons the lessor believes the grounds for the refusal apply to the request.\n- (a) keeping the pet would exceed a reasonable number of animals being kept at the premises;\n- (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;\n- (c) keeping the pet is likely to cause damage to the premises that could not practicably be repaired for a cost that is less than the amount of the rental bond for the premises;\n- (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;\n- (e) keeping the pet would contravene a law;\n- (f) keeping the pet would contravene a body corporate by-law applying to the premises;\n- (g) if the lessor proposed reasonable conditions for approval and the conditions comply with clause 35—the tenant has not agreed to the conditions;\n- (h) the animal stated in the request is not a pet as defined in section 184A ;\n- (i) another ground prescribed by a regulation under section 184E (1) (j) .\n- (a) the lessor does not comply with subclause (2); or\n- (b) the lessor’s response does not comply with subclause (3).","sortOrder":289},{"sectionNumber":"sch.3-sec.35","sectionType":"section","heading":"Conditions for approval to keep pet at premises— s 184F","content":"### sch.3-sec.35 Conditions for approval to keep pet at premises— s 184F\n\nThe lessor’s approval to keep a pet at the premises may be subject to conditions if the conditions—\nrelate only to keeping the pet at the premises; and\nare reasonable having regard to the type of pet and the nature of the premises; and\nare stated in the written approval given to the tenant under clause 34(3).\nWithout limiting subclause (1)(b), the following conditions of the lessor’s approval are taken to be reasonable—\nif the pet is not a type of pet ordinarily kept inside—a condition requiring the pet to be kept outside at the premises;\nif 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;\nif the pet is allowed inside the premises—a condition requiring carpets in the premises to be professionally cleaned at the end of the tenancy.\nA condition of the lessor’s approval to keep a pet at the premises is void if the condition—\nwould have the effect of the lessor contravening section 171 or 172 ; or\nwould, as a term of this agreement, be void under section 173 ; or\nwould increase the rent or rental bond payable by the tenant; or\nwould require any form of security from the tenant.\nFor subclause (2), the premises are professionally fumigated, and carpets are professionally cleaned, if the fumigation and cleaning are done to a standard ordinarily achieved by businesses selling those services.\n(sch.3-sec.35-ssec.1) The lessor’s approval to keep a pet at the premises may be subject to conditions if the conditions— relate only to keeping the pet at the premises; and are reasonable having regard to the type of pet and the nature of the premises; and are stated in the written approval given to the tenant under clause 34(3).\n(sch.3-sec.35-ssec.2) Without limiting subclause (1)(b), the following conditions of the lessor’s approval are taken to be reasonable— if the pet is not a type of pet ordinarily kept inside—a condition requiring the pet to be kept outside at the premises; 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; 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.\n(sch.3-sec.35-ssec.3) A condition of the lessor’s approval to keep a pet at the premises is void if the condition— would have the effect of the lessor contravening section 171 or 172 ; or would, as a term of this agreement, be void under section 173 ; or would increase the rent or rental bond payable by the tenant; or would require any form of security from the tenant.\n(sch.3-sec.35-ssec.4) For subclause (2), the premises are professionally fumigated, and carpets are professionally cleaned, if the fumigation and cleaning are done to a standard ordinarily achieved by businesses selling those services.\n- (a) relate only to keeping the pet at the premises; and\n- (b) are reasonable having regard to the type of pet and the nature of the premises; and\n- (c) are stated in the written approval given to the tenant under clause 34(3).\n- (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;\n- (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;\n- (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.\n- (a) would have the effect of the lessor contravening section 171 or 172 ; or\n- (b) would, as a term of this agreement, be void under section 173 ; or\n- (c) would increase the rent or rental bond payable by the tenant; or\n- (d) would require any form of security from the tenant.","sortOrder":290},{"sectionNumber":"sch.3-sec.36","sectionType":"section","heading":"Rent in advance to be transferred to replacement lessor","content":"### sch.3-sec.36 Rent in advance to be transferred to replacement lessor\n\nThis clause applies if—\na notice is given under section 527C in relation to this agreement; and\nthe tenant has paid rent in advance under this agreement for a period after the day this agreement is to be terminated as stated in the notice.\nThe lessor must, before the day stated in the notice, transfer the rent paid in advance to the replacement lessor.\n(sch.3-sec.36-ssec.1) This clause applies if— a notice is given under section 527C in relation to this agreement; and the tenant has paid rent in advance under this agreement for a period after the day this agreement is to be terminated as stated in the notice.\n(sch.3-sec.36-ssec.2) The lessor must, before the day stated in the notice, transfer the rent paid in advance to the replacement lessor.\n- (a) a notice is given under section 527C in relation to this agreement; and\n- (b) the tenant has paid rent in advance under this agreement for a period after the day this agreement is to be terminated as stated in the notice.","sortOrder":291},{"sectionNumber":"sch.3-pt.2-div.7","sectionType":"division","heading":"Restrictions on transfer or subletting by tenant","content":"## Restrictions on transfer or subletting by tenant","sortOrder":292},{"sectionNumber":"sch.3-sec.37","sectionType":"section","heading":"Lessor’s agreement required— s 237","content":"### sch.3-sec.37 Lessor’s agreement required— s 237\n\nThe tenant may transfer all or a 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.","sortOrder":293},{"sectionNumber":"sch.3-sec.38","sectionType":"section","heading":"Expenses that lessor may claim— s 240","content":"### sch.3-sec.38 Expenses that lessor may claim— s 240\n\nThe lessor or lessor’s agent must not require the tenant to pay, or accept from the tenant, an amount for the lessor’s agreement to a transfer or subletting by the tenant, other than an amount for the reasonable expenses incurred by the lessor in agreeing to the transfer or subletting.","sortOrder":294},{"sectionNumber":"sch.3-pt.2-div.8","sectionType":"division","heading":"When agreement ends","content":"## When agreement ends","sortOrder":295},{"sectionNumber":"sch.3-sec.39","sectionType":"section","heading":"Ending of agreement— s 277","content":"### sch.3-sec.39 Ending of agreement— s 277\n\nThis agreement ends only if—\nthe lessor and tenant agree, in a separate written document, to end this agreement; or\nthe 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 stated in the notice; or\nthe 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 stated in the notice; or\nthe tenant vacates, or is removed from, the premises after receiving a notice from a mortgagee or appointed person under section 317 ; or\nthe tenant abandons the premises and the period for which the tenant paid rent has ended; or\nthe tribunal makes an order terminating this agreement.\nAlso, this agreement ends for a sole tenant if—\nthe tenant gives the lessor a notice ending tenancy interest and hands over vacant possession of the premises; or\nSee 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.\nthe tenant dies.\nSee section 324A for when this agreement ends if a sole tenant dies.\n(sch.3-sec.39-ssec.1) This agreement ends only if— the lessor and tenant agree, in a separate written document, to end this agreement; or 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 stated in the notice; or 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 stated in the notice; or the tenant vacates, or is removed from, the premises after receiving a notice from a mortgagee or appointed person under section 317 ; or the tenant abandons the premises and the period for which the tenant paid rent has ended; or the tribunal makes an order terminating this agreement.\n(sch.3-sec.39-ssec.2) Also, this agreement ends for a sole tenant if— the tenant gives the lessor a notice ending tenancy interest and hands over vacant possession of the premises; or 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. the tenant dies. See section 324A for when this agreement ends if a sole tenant dies.\n- (a) the lessor and tenant agree, in a separate written document, to end this agreement; or\n- (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 stated in the notice; or\n- (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 stated in the notice; or\n- (d) the tenant vacates, or is removed from, the premises after receiving a notice from a mortgagee or appointed person under section 317 ; or\n- (e) the tenant abandons the premises and the period for which the tenant paid rent has ended; or\n- (f) the tribunal makes an order terminating this agreement.\n- (a) the tenant gives the lessor a notice ending tenancy interest and hands over vacant possession of the premises; or Note— 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.\n- (b) the tenant dies. Note— See section 324A for when this agreement ends if a sole tenant dies.","sortOrder":296},{"sectionNumber":"sch.3-sec.40","sectionType":"section","heading":"Condition premises must be left in— s 188","content":"### sch.3-sec.40 Condition premises must be left in— s 188\n\nAt 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.\nwear that happens during normal use\nchanges that happen with ageing\nThe 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 caused by an act of domestic violence experienced by the tenant.\n(sch.3-sec.40-ssec.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. wear that happens during normal use changes that happen with ageing\n(sch.3-sec.40-ssec.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 caused by an act of domestic violence experienced by the tenant.\n- • wear that happens during normal use\n- • changes that happen with ageing","sortOrder":297},{"sectionNumber":"sch.3-sec.41","sectionType":"section","heading":"Keys","content":"### sch.3-sec.41 Keys\n\nAt the end of the tenancy, the tenant must return to the lessor all keys for the premises.\nThis clause does not apply if this agreement is terminated under section 527C .\n(sch.3-sec.41-ssec.1) At the end of the tenancy, the tenant must return to the lessor all keys for the premises.\n(sch.3-sec.41-ssec.2) This clause does not apply if this agreement is terminated under section 527C .","sortOrder":298},{"sectionNumber":"sch.3-sec.42","sectionType":"section","heading":"Tenant’s forwarding address— s 205","content":"### sch.3-sec.42 Tenant’s forwarding address— s 205\n\nWhen handing over possession of the premises, the tenant must, if the lessor or lessor’s agent asks the tenant in writing to state the tenant’s new residential address, tell the lessor or lessor’s agent the tenant’s new residential address.\nHowever, subclause (1) does not apply if—\nthe tenant has a reasonable excuse for not telling the lessor or lessor’s agent the new address; or\nafter experiencing domestic violence, the tenant ended the tenant’s interest in this agreement, under chapter 5 , part 1 , division 3 , subdivision 2A of the Act .\n(sch.3-sec.42-ssec.1) When handing over possession of the premises, the tenant must, if the lessor or lessor’s agent asks the tenant in writing to state the tenant’s new residential address, tell the lessor or lessor’s agent the tenant’s new residential address.\n(sch.3-sec.42-ssec.2) However, subclause (1) does not apply if— the tenant has a reasonable excuse for not telling the lessor or lessor’s agent the new address; or after experiencing domestic violence, the tenant ended the tenant’s interest in this agreement, under chapter 5 , part 1 , division 3 , subdivision 2A of the Act .\n- (a) the tenant has a reasonable excuse for not telling the lessor or lessor’s agent the new address; or\n- (b) after experiencing domestic violence, the tenant ended the tenant’s interest in this agreement, under chapter 5 , part 1 , division 3 , subdivision 2A of the Act .","sortOrder":299},{"sectionNumber":"sch.3-sec.43","sectionType":"section","heading":"Exit condition report— s 66","content":"### sch.3-sec.43 Exit condition report— s 66\n\nThe tenant must, on or before the day this agreement ends, prepare and sign a condition report for the premises in the approved form.\nFor the approved form for the condition report, see the information statement.\nAs soon as practicable after this agreement ends, the tenant must give 1 copy of the condition report to the lessor or lessor’s agent.\nwhen the tenant returns the keys for the premises to the lessor or lessor’s agent\nThe lessor or lessor’s agent must, within 3 business days after receiving the copy of the condition report—\nsign the copy; and\nif the lessor or lessor’s agent does not agree with the report—show the parts of the report the lessor or lessor’s agent disagrees with by marking the copy in an appropriate way; and\nif the tenant has given a forwarding address to the lessor or lessor’s agent—make a copy of the report and return it to the tenant at the address.\nThe lessor or lessor’s agent must keep a copy of the condition report signed by both parties for at least 1 year after this agreement ends.\nThis clause does not apply if this agreement is terminated under section 527C .\n(sch.3-sec.43-ssec.1) The tenant must, on or before the day this agreement ends, prepare and sign a condition report for the premises in the approved form. For the approved form for the condition report, see the information statement.\n(sch.3-sec.43-ssec.2) As soon as practicable after this agreement ends, the tenant must give 1 copy of the condition report to the lessor or lessor’s agent. when the tenant returns the keys for the premises to the lessor or lessor’s agent\n(sch.3-sec.43-ssec.3) The lessor or lessor’s agent must, within 3 business days after receiving the copy of the condition report— sign the copy; and if the lessor or lessor’s agent does not agree with the report—show the parts of the report the lessor or lessor’s agent disagrees with by marking the copy in an appropriate way; and if the tenant has given a forwarding address to the lessor or lessor’s agent—make a copy of the report and return it to the tenant at the address.\n(sch.3-sec.43-ssec.4) The lessor or lessor’s agent must keep a copy of the condition report signed by both parties for at least 1 year after this agreement ends.\n(sch.3-sec.43-ssec.5) This clause does not apply if this agreement is terminated under section 527C .\n- (a) sign the copy; and\n- (b) if the lessor or lessor’s agent does not agree with the report—show the parts of the report the lessor or lessor’s agent disagrees with by marking the copy in an appropriate way; and\n- (c) if the tenant has given a forwarding address to the lessor or lessor’s agent—make a copy of the report and return it to the tenant at the address.","sortOrder":300},{"sectionNumber":"sch.3-sec.44","sectionType":"section","heading":"Goods or documents left behind on premises— ss 363 and 364","content":"### sch.3-sec.44 Goods or documents left behind on premises— ss 363 and 364\n\nThe tenant must take all of the tenant’s belongings from the premises at the end of the tenancy.\nThe lessor may not treat belongings left behind as the lessor’s own property but must deal with them under sections 363 and 364 .\n(sch.3-sec.44-ssec.1) The tenant must take all of the tenant’s belongings from the premises at the end of the tenancy.\n(sch.3-sec.44-ssec.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 .","sortOrder":301},{"sectionNumber":"sch.3-pt.2-div.9","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":302},{"sectionNumber":"sch.3-sec.45","sectionType":"section","heading":"Supply of goods and services— s 171","content":"### sch.3-sec.45 Supply of goods and services— s 171\n\nThe lessor or lessor’s agent must not require the tenant to buy goods or services from the lessor, the lessor’s agent or a person nominated by the lessor or lessor’s agent.\nSubclause (1) does not apply to—\na requirement about a service charge; or\na condition of an approval to keep a pet if the condition—\nrequires the carpets to be cleaned, or the premises to be fumigated, at the end of the tenancy; and\ncomplies with clause 35; and\ndoes not require the tenant to buy cleaning or fumigation services from a particular person or business.\n(sch.3-sec.45-ssec.1) The lessor or lessor’s agent must not require the tenant to buy goods or services from the lessor, the lessor’s agent or a person nominated by the lessor or lessor’s agent.\n(sch.3-sec.45-ssec.2) Subclause (1) does not apply to— a requirement about a service charge; or a condition of an approval to keep a pet if the condition— requires the carpets to be cleaned, or the premises to be fumigated, at the end of the tenancy; and complies with clause 35; and does not require the tenant to buy cleaning or fumigation services from a particular person or business.\n- (a) a requirement about a service charge; or\n- (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 35; and (iii) does not require the tenant to buy cleaning or fumigation services from a particular person or business.\n- (i) requires the carpets to be cleaned, or the premises to be fumigated, at the end of the tenancy; and\n- (ii) complies with clause 35; and\n- (iii) does not require the tenant to buy cleaning or fumigation services from a particular person or business.\n- (i) requires the carpets to be cleaned, or the premises to be fumigated, at the end of the tenancy; and\n- (ii) complies with clause 35; and\n- (iii) does not require the tenant to buy cleaning or fumigation services from a particular person or business.","sortOrder":303},{"sectionNumber":"sch.3-sec.46","sectionType":"section","heading":"Lessor’s agent— s 206","content":"### sch.3-sec.46 Lessor’s agent— s 206\n\nThe name and address for service of the lessor’s agent is stated in item 3.\nUnless a special term provides otherwise, the lessor’s agent may—\nstand in the lessor’s place in any application to the tribunal by the lessor or tenant; or\ndo any thing else the lessor may do, or is required to do, under this agreement.\nSee also sections 24 and 25 .\n(sch.3-sec.46-ssec.1) The name and address for service of the lessor’s agent is stated in item 3.\n(sch.3-sec.46-ssec.2) Unless a special term provides otherwise, the lessor’s agent may— stand in the lessor’s place in any application to the tribunal by the lessor or tenant; or do any thing else the lessor may do, or is required to do, under this agreement. See also sections 24 and 25 .\n- (a) stand in the lessor’s place in any application to the tribunal by the lessor or tenant; or\n- (b) do any thing else the lessor may do, or is required to do, under this agreement.","sortOrder":304},{"sectionNumber":"sch.3-sec.47","sectionType":"section","heading":"Notices","content":"### sch.3-sec.47 Notices\n\nA notice under this agreement must be written and, if there is an approved form for the notice, in the approved form.\nA notice from the tenant to the lessor may be given to the lessor’s agent.\nA notice may be given to relevant party—\nby giving it to the relevant party personally; or\nif an address for service for the relevant party is stated in item 1, 2 or 3—by leaving it at the address or sending it by prepaid post as a letter to the address; or\nif an electronic address for a type of electronic communication for the relevant party is stated in item 1, 2 or 3 and item 4 indicates that a notice may be given by that type of electronic communication—by sending it by electronic communication to the electronic address in accordance with the Electronic Transactions (Queensland) Act 2001 .\nemail, facsimile, text message\nIf no address for service is stated in item 2 for the tenant, the tenant’s address for service is taken to be the address of the premises.\nA relevant party may change their address for service or electronic address only by giving notice to each other relevant party of their new address for service or a new electronic address.\nOn the giving of a notice of a new address for service or new electronic address for a relevant party, the address for service or electronic address stated in the notice is taken to be the relevant party’s address for the relevant item in this agreement.\nA relevant party may withdraw their consent to notices being given to them by electronic communication, or to a specific electronic address, only by giving notice to each other relevant party that notices are no longer to be given to the relevant party electronically, or to that electronic address.\nUnless the contrary is proved—\na notice left at an address for service is taken to have been received by the person to whom the address relates when the notice was left at the address; and\na 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\na notice sent by electronic communication to an electronic address is taken to have been received by the recipient—\nif the type of electronic communication is email— when the email enters the recipient’s email server; or\nif the type of electronic communication is facsimile—when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; or\notherwise—at the time stated in the Electronic Transactions (Queensland) Act 2001 , section 24 .\nIn this clause—\nrelevant party means—\nthe lessor; or\nthe tenant; or\nif there is an agent of the lessor—the lessor’s agent.\n(sch.3-sec.47-ssec.1) A notice under this agreement must be written and, if there is an approved form for the notice, in the approved form.\n(sch.3-sec.47-ssec.2) A notice from the tenant to the lessor may be given to the lessor’s agent.\n(sch.3-sec.47-ssec.3) A notice may be given to relevant party— by giving it to the relevant party personally; or if an address for service for the relevant party is stated in item 1, 2 or 3—by leaving it at the address or sending it by prepaid post as a letter to the address; or if an electronic address for a type of electronic communication for the relevant party is stated in item 1, 2 or 3 and item 4 indicates that a notice may be given by that type of electronic communication—by sending it by electronic communication to the electronic address in accordance with the Electronic Transactions (Queensland) Act 2001 . email, facsimile, text message\n(sch.3-sec.47-ssec.4) If no address for service is stated in item 2 for the tenant, the tenant’s address for service is taken to be the address of the premises.\n(sch.3-sec.47-ssec.5) A relevant party may change their address for service or electronic address only by giving notice to each other relevant party of their new address for service or a new electronic address.\n(sch.3-sec.47-ssec.6) On the giving of a notice of a new address for service or new electronic address for a relevant party, the address for service or electronic address stated in the notice is taken to be the relevant party’s address for the relevant item in this agreement.\n(sch.3-sec.47-ssec.7) A relevant party may withdraw their consent to notices being given to them by electronic communication, or to a specific electronic address, only by giving notice to each other relevant party that notices are no longer to be given to the relevant party electronically, or to that electronic address.\n(sch.3-sec.47-ssec.8) Unless the contrary is proved— a notice left at an address for service is taken to have been received by the person to whom the address relates when the notice was left at the address; and 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 a notice sent by electronic communication to an electronic address is taken to have been received by the recipient— if the type of electronic communication is email— when the email enters the recipient’s email server; or if the type of electronic communication is facsimile—when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; or otherwise—at the time stated in the Electronic Transactions (Queensland) Act 2001 , section 24 .\n(sch.3-sec.47-ssec.9) In this clause— relevant party means— the lessor; or the tenant; or if there is an agent of the lessor—the lessor’s agent.\n- (a) by giving it to the relevant party personally; or\n- (b) if an address for service for the relevant party is stated in item 1, 2 or 3—by leaving it at the address or sending it by prepaid post as a letter to the address; or\n- (c) if an electronic address for a type of electronic communication for the relevant party is stated in item 1, 2 or 3 and item 4 indicates that a notice may be given by that type of electronic communication—by sending it by electronic communication to the electronic address in accordance with the Electronic Transactions (Queensland) Act 2001 . Examples of types of electronic communication— email, facsimile, text message\n- (a) a notice left at an address for service is taken to have been received by the person to whom the address relates when the notice was left at the address; and\n- (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\n- (c) a notice sent by electronic communication to an electronic address is taken to have been received by the recipient— (i) if the type of electronic communication is email— when the email enters the recipient’s email server; or (ii) if the type of electronic communication is facsimile—when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; or (iii) otherwise—at the time stated in the Electronic Transactions (Queensland) Act 2001 , section 24 .\n- (i) if the type of electronic communication is email— when the email enters the recipient’s email server; or\n- (ii) if the type of electronic communication is facsimile—when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; or\n- (iii) otherwise—at the time stated in the Electronic Transactions (Queensland) Act 2001 , section 24 .\n- (i) if the type of electronic communication is email— when the email enters the recipient’s email server; or\n- (ii) if the type of electronic communication is facsimile—when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; or\n- (iii) otherwise—at the time stated in the Electronic Transactions (Queensland) Act 2001 , section 24 .\n- (a) the lessor; or\n- (b) the tenant; or\n- (c) if there is an agent of the lessor—the lessor’s agent.","sortOrder":305},{"sectionNumber":"sch.4-pt.1","sectionType":"part","heading":"Tenancy information","content":"# Tenancy information","sortOrder":306},{"sectionNumber":"sch.4-sec","sectionType":"section","heading":null,"content":"### Section sch.4-sec\n\nItem","sortOrder":307},{"sectionNumber":"sch.4-sec.1","sectionType":"section","heading":"Lessor","content":"### sch.4-sec.1 Lessor\n\nLessor’s name and address for service.\nAny other contact details for the lessor.\nItem 1.2 is optional.\n(sch.4-sec.1-ssec.1.1) Lessor’s name and address for service.\n(sch.4-sec.1-ssec.1.2) Any other contact details for the lessor. Item 1.2 is optional.","sortOrder":308},{"sectionNumber":"sch.4-sec.2","sectionType":"section","heading":"Tenant","content":"### sch.4-sec.2 Tenant\n\nTenant’s name and contact details.\nAn address for service (other than the address of the premises) or other contact details for service.\nItem 2.2 is optional. See clause 45(4).\nThe name, telephone number and email address of a person who is an emergency contact for the tenant.\n(sch.4-sec.2-ssec.2.1) Tenant’s name and contact details.\n(sch.4-sec.2-ssec.2.2) An address for service (other than the address of the premises) or other contact details for service. Item 2.2 is optional. See clause 45(4).\n(sch.4-sec.2-ssec.2.3) The name, telephone number and email address of a person who is an emergency contact for the tenant.","sortOrder":309},{"sectionNumber":"sch.4-sec.3","sectionType":"section","heading":"Lessor’s agent","content":"### sch.4-sec.3 Lessor’s agent\n\nIf the lessor has an agent, the agent’s name and address for service.\nAny other contact details for the lessor’s agent.\nItem 3.2 is optional.\n(sch.4-sec.3-ssec.3.1) If the lessor has an agent, the agent’s name and address for service.\n(sch.4-sec.3-ssec.3.2) Any other contact details for the lessor’s agent. Item 3.2 is optional.","sortOrder":310},{"sectionNumber":"sch.4-sec.4","sectionType":"section","heading":"Service of notices","content":"### sch.4-sec.4 Service of notices\n\nWhether a notice may be given to the lessor by electronic communication.\nWhether a notice may be given to the tenant by electronic communication.\nWhether a notice may be given to the lessor’s agent by electronic communication.\n(sch.4-sec.4-ssec.4.1) Whether a notice may be given to the lessor by electronic communication.\n(sch.4-sec.4-ssec.4.2) Whether a notice may be given to the tenant by electronic communication.\n(sch.4-sec.4-ssec.4.3) Whether a notice may be given to the lessor’s agent by electronic communication.","sortOrder":311},{"sectionNumber":"sch.4-sec.5","sectionType":"section","heading":"Premises","content":"### sch.4-sec.5 Premises\n\nThe address of the premises.\nAny inclusions for the premises.\nfurniture or other household goods let with the premises\nDetails of any repair orders applying to the premises or inclusions for the premises.\n(sch.4-sec.5-ssec.5.1) The address of the premises.\n(sch.4-sec.5-ssec.5.2) Any inclusions for the premises. furniture or other household goods let with the premises\n(sch.4-sec.5-ssec.5.3) Details of any repair orders applying to the premises or inclusions for the premises.","sortOrder":312},{"sectionNumber":"sch.4-sec.6","sectionType":"section","heading":"Term of agreement","content":"### sch.4-sec.6 Term of agreement\n\nWhether the agreement is a fixed term agreement or a periodic agreement.\nThe day the agreement starts.\nSee clause 4.\nIf the agreement is a fixed term agreement, the day the agreement finishes.\n(sch.4-sec.6-ssec.6.1) Whether the agreement is a fixed term agreement or a periodic agreement.\n(sch.4-sec.6-ssec.6.2) The day the agreement starts. See clause 4.\n(sch.4-sec.6-ssec.6.3) If the agreement is a fixed term agreement, the day the agreement finishes.","sortOrder":313},{"sectionNumber":"sch.4-sec.7","sectionType":"section","heading":"Rent—amount","content":"### sch.4-sec.7 Rent—amount\n\nThe amount of rent payable and whether it must be paid weekly, fortnightly or monthly.\nSee clause 7.","sortOrder":314},{"sectionNumber":"sch.4-sec.8","sectionType":"section","heading":"Rent—day of payment","content":"### sch.4-sec.8 Rent—day of payment\n\nThe day of each week, fortnight or month on which the rent must be paid.\nSee clause 8(1).","sortOrder":315},{"sectionNumber":"sch.4-sec.9","sectionType":"section","heading":"Rent—methods of payment","content":"### sch.4-sec.9 Rent—methods of payment\n\nThe ways for the tenant to pay the rent.\nUnder section 83 , there must be at least 2 ways. See also clause 8(2)(a).","sortOrder":316},{"sectionNumber":"sch.4-sec.10","sectionType":"section","heading":"Rent—place of payment","content":"### sch.4-sec.10 Rent—place of payment\n\nWhere the rent must be paid.\nItem 10 is optional. See clause 8(5) to (7).","sortOrder":317},{"sectionNumber":"sch.4-sec.11","sectionType":"section","heading":"Rental bond","content":"### sch.4-sec.11 Rental bond\n\nThe amount of any rental bond.\nSee clause 10.","sortOrder":318},{"sectionNumber":"sch.4-sec.12","sectionType":"section","heading":"Services","content":"### sch.4-sec.12 Services\n\nAny services supplied to the premises, other than water, for which the tenant must pay.\nelectricity and gas\nSee clause 13.\nWhether the tenant must pay for water supplied to the premises.\nSee clause 14.\n(sch.4-sec.12-ssec.12.1) Any services supplied to the premises, other than water, for which the tenant must pay. electricity and gas See clause 13.\n(sch.4-sec.12-ssec.12.2) Whether the tenant must pay for water supplied to the premises. See clause 14.","sortOrder":319},{"sectionNumber":"sch.4-sec.13","sectionType":"section","heading":"Apportionment of charges","content":"### sch.4-sec.13 Apportionment of charges\n\nFor each service listed in 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.\nThe tenant must pay a percentage of the total charge.\nSee clause 13(1)(c).","sortOrder":320},{"sectionNumber":"sch.4-sec.14","sectionType":"section","heading":"How services must be paid for","content":"### sch.4-sec.14 How services must be paid for\n\nFor each service listed in item 12.1, how the tenant must pay for the service.\nSee clause 13(1)(d).","sortOrder":321},{"sectionNumber":"sch.4-sec.15","sectionType":"section","heading":"Number of occupants","content":"### sch.4-sec.15 Number of occupants\n\nThe number of persons allowed to reside at the premises.\nSee clause 19.","sortOrder":322},{"sectionNumber":"sch.4-sec.16","sectionType":"section","heading":"Body corporate by-laws","content":"### sch.4-sec.16 Body corporate by-laws\n\nWhether body corporate by-laws apply to the tenant’s occupation of the premises.\nWhether the tenant has been given a copy of the relevant by-laws.\nSee clause 20.\n(sch.4-sec.16-ssec.16.1) Whether body corporate by-laws apply to the tenant’s occupation of the premises.\n(sch.4-sec.16-ssec.16.2) Whether the tenant has been given a copy of the relevant by-laws. See clause 20.","sortOrder":323},{"sectionNumber":"sch.4-sec.17","sectionType":"section","heading":"Nominated repairers","content":"### sch.4-sec.17 Nominated repairers\n\nThe name and telephone number of the lessor’s nominated repairer for each of the following repairs—\nelectrical repairs;\nplumbing repairs;\nother repairs.\nWhether or not the nominated repairer is the tenant’s first point of contact for notifying of the need for emergency repairs.\nSee clause 28(4).\n(sch.4-sec.17-ssec.17.1) The name and telephone number of the lessor’s nominated repairer for each of the following repairs— electrical repairs; plumbing repairs; other repairs.\n(sch.4-sec.17-ssec.17.2) Whether or not the nominated repairer is the tenant’s first point of contact for notifying of the need for emergency repairs. See clause 28(4).\n- (a) electrical repairs;\n- (b) plumbing repairs;\n- (c) other repairs.","sortOrder":324},{"sectionNumber":"sch.4-sec.18","sectionType":"section","heading":"Pets","content":"### sch.4-sec.18 Pets\n\nThe type and number of any pets approved by the lessor to be kept at the premises.\nSee clauses 31 to 34.","sortOrder":325},{"sectionNumber":"sch.4-sec.19","sectionType":"section","heading":"Reviewable property","content":"### sch.4-sec.19 Reviewable property\n\nWhether the premises is a reviewable property under the document called ‘Tenancies in reviewable properties policy’, published on the department’s website.\nSee clause 46(4) to (6).","sortOrder":326},{"sectionNumber":"sch.4-pt.2","sectionType":"part","heading":"Replacement terms","content":"# Replacement terms","sortOrder":327},{"sectionNumber":"sch.4-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":328},{"sectionNumber":"sch.4-sec.1-oc.2","sectionType":"section","heading":"Interpretation","content":"### sch.4-sec.1-oc.2 Interpretation\n\nIn this agreement—\na reference to the premises includes a reference to any inclusions for the premises stated in item 5.2; and\na reference to a numbered section is a reference to the section in the Residential Tenancies and Rooming Accommodation Act 2008 ( the Act ) with that number; and\na reference to a numbered item is a reference to the item with that number in part 1 of this agreement; and\na reference to a numbered clause is a reference to the clause of this agreement with that number; and\na reference to a former agreement is a reference to an existing State tenancy agreement terminated and replaced by this agreement under section 527C .\n- (a) a reference to the premises includes a reference to any inclusions for the premises stated in item 5.2; and\n- (b) a reference to a numbered section is a reference to the section in the Residential Tenancies and Rooming Accommodation Act 2008 ( the Act ) with that number; and\n- (c) a reference to a numbered item is a reference to the item with that number in part 1 of this agreement; and\n- (d) a reference to a numbered clause is a reference to the clause of this agreement with that number; and\n- (e) a reference to a former agreement is a reference to an existing State tenancy agreement terminated and replaced by this agreement under section 527C .","sortOrder":329},{"sectionNumber":"sch.4-sec.2-oc.2","sectionType":"section","heading":"Terms of community housing provider tenancy agreement— ss 52 and 527C","content":"### sch.4-sec.2-oc.2 Terms of community housing provider tenancy agreement— ss 52 and 527C\n\nThis part states, under section 527C , the replacement terms of a community housing provider tenancy agreement.\nThe Act also imposes duties on, and gives entitlements to, the lessor and tenant that are taken to be included as terms of this agreement.\nA duty or entitlement under the Act overrides a replacement term if the term is inconsistent with the duty or entitlement.\nAny body corporate by-laws that apply to the occupation of the premises by the tenant, for the time being in force, are taken to be terms of this agreement.\nA breach of this agreement may also be an offence under the Act .\nIt is an offence for the lessor or lessor’s agent to enter the premises in contravention of the rules of entry under sections 192 to 199 .\nIt is an offence if the tenant does not sign and return the condition report to the lessor or lessor’s agent under section 65 .\n(sch.4-sec.2-oc.2-ssec.1) This part states, under section 527C , the replacement terms of a community housing provider tenancy agreement.\n(sch.4-sec.2-oc.2-ssec.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.\n(sch.4-sec.2-oc.2-ssec.3) A duty or entitlement under the Act overrides a replacement term if the term is inconsistent with the duty or entitlement.\n(sch.4-sec.2-oc.2-ssec.4) Any body corporate by-laws that apply to the occupation of the premises by the tenant, for the time being in force, are taken to be terms of this agreement.\n(sch.4-sec.2-oc.2-ssec.5) A breach of this agreement may also be an offence under the Act . It is an offence for the lessor or lessor’s agent to enter the premises in contravention of the rules of entry under sections 192 to 199 . It is an offence if the tenant does not sign and return the condition report to the lessor or lessor’s agent under section 65 .\n- 1 It is an offence for the lessor or lessor’s agent to enter the premises in contravention of the rules of entry under sections 192 to 199 .\n- 2 It is an offence if the tenant does not sign and return the condition report to the lessor or lessor’s agent under section 65 .","sortOrder":330},{"sectionNumber":"sch.4-sec.3-oc.2","sectionType":"section","heading":"More than 1 lessor or tenant","content":"### sch.4-sec.3-oc.2 More than 1 lessor or tenant\n\nThis clause applies if more than 1 person is named in item 1 or 2.\nEach lessor named in item 1 must perform all of the lessor’s obligations under this agreement.\nEach tenant named in item 2—\nholds their interest in the tenancy as a joint tenant; and\nmust perform all of the tenant’s obligations under this agreement; and\nis liable to pay the full amount of rent or other amounts owing from the tenant to the lessor under this agreement; and\nif a debt arises from any breach of this agreement, may be required to pay the full amount owing to the lessor and not just a part of the debt.\nBy entering into this agreement as a joint tenant with another person, each tenant expressly authorises every other tenant to sign and give to the lessor any notice affecting their interest in the tenancy, and the lessor may accept and act on the notice as if it had been signed by all tenants without further enquiry.\nHowever, a notice of intention to leave will not be accepted by the lessor if it is not signed by all tenants unless the notice is accompanied by a statutory declaration from the person signing the notice certifying—\nall reasonable efforts have been made to seek and obtain a notice from all other tenants; and\nall persons named as joint tenants who have not signed the notice have vacated the premises.\n(sch.4-sec.3-oc.2-ssec.1) This clause applies if more than 1 person is named in item 1 or 2.\n(sch.4-sec.3-oc.2-ssec.2) Each lessor named in item 1 must perform all of the lessor’s obligations under this agreement.\n(sch.4-sec.3-oc.2-ssec.3) Each tenant named in item 2— holds their interest in the tenancy as a joint tenant; and must perform all of the tenant’s obligations under this agreement; and is liable to pay the full amount of rent or other amounts owing from the tenant to the lessor under this agreement; and if a debt arises from any breach of this agreement, may be required to pay the full amount owing to the lessor and not just a part of the debt.\n(sch.4-sec.3-oc.2-ssec.4) By entering into this agreement as a joint tenant with another person, each tenant expressly authorises every other tenant to sign and give to the lessor any notice affecting their interest in the tenancy, and the lessor may accept and act on the notice as if it had been signed by all tenants without further enquiry.\n(sch.4-sec.3-oc.2-ssec.5) However, a notice of intention to leave will not be accepted by the lessor if it is not signed by all tenants unless the notice is accompanied by a statutory declaration from the person signing the notice certifying— all reasonable efforts have been made to seek and obtain a notice from all other tenants; and all persons named as joint tenants who have not signed the notice have vacated the premises.\n- (a) holds their interest in the tenancy as a joint tenant; and\n- (b) must perform all of the tenant’s obligations under this agreement; and\n- (c) is liable to pay the full amount of rent or other amounts owing from the tenant to the lessor under this agreement; and\n- (d) if a debt arises from any breach of this agreement, may be required to pay the full amount owing to the lessor and not just a part of the debt.\n- (a) all reasonable efforts have been made to seek and obtain a notice from all other tenants; and\n- (b) all persons named as joint tenants who have not signed the notice have vacated the premises.","sortOrder":331},{"sectionNumber":"sch.4-pt.2-div.2","sectionType":"division","heading":"Entering tenancy","content":"## Entering tenancy","sortOrder":332},{"sectionNumber":"sch.4-sec.4-oc.2","sectionType":"section","heading":"Start of tenancy","content":"### sch.4-sec.4-oc.2 Start of tenancy\n\nThe day the tenancy under this agreement starts is the day stated in the notice given under section 527C (1) for the purposes of this agreement.","sortOrder":333},{"sectionNumber":"sch.4-sec.5-oc.2","sectionType":"section","heading":"Continuation of fixed term agreement— s 70","content":"### sch.4-sec.5-oc.2 Continuation of fixed term agreement— s 70\n\nThis clause applies if—\nthis agreement is a fixed term agreement; and\nnone of the following notices are given, or agreements or applications are made, before the day the term ends (the end day )—\na notice to leave;\na notice of intention to leave;\nan abandonment termination notice;\na notice, agreement or application relating to the death of a sole tenant under section 324A ;\na separate written agreement between the lessor and tenant under section 277 (a) to end this agreement.\nThis 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.\n(sch.4-sec.5-oc.2-ssec.1) This clause applies if— this agreement is a fixed term agreement; and none of the following notices are given, or agreements or applications are made, before the day the term ends (the end day )— a notice to leave; a notice of intention to leave; an abandonment termination notice; a notice, agreement or application relating to the death of a sole tenant under section 324A ; a separate written agreement between the lessor and tenant under section 277 (a) to end this agreement.\n(sch.4-sec.5-oc.2-ssec.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.\n- (a) this agreement is a fixed term agreement; and\n- (b) none of the following notices are given, or agreements or applications are 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 324A ; (v) a separate written agreement between the lessor and tenant under section 277 (a) to end this agreement.\n- (i) a notice to leave;\n- (ii) a notice of intention to leave;\n- (iii) an abandonment termination notice;\n- (iv) a notice, agreement or application relating to the death of a sole tenant under section 324A ;\n- (v) a separate written agreement between the lessor and tenant under section 277 (a) to end this agreement.\n- (i) a notice to leave;\n- (ii) a notice of intention to leave;\n- (iii) an abandonment termination notice;\n- (iv) a notice, agreement or application relating to the death of a sole tenant under section 324A ;\n- (v) a separate written agreement between the lessor and tenant under section 277 (a) to end this agreement.","sortOrder":334},{"sectionNumber":"sch.4-sec.6-oc.2","sectionType":"section","heading":"Costs apply to early ending of fixed term agreement— s 357A","content":"### sch.4-sec.6-oc.2 Costs apply to early ending of fixed term agreement— s 357A\n\nThis clause applies if—\nthis agreement is a fixed term agreement; and\nthe tenant ends this agreement before the term ends other than in a way permitted under the Act .\nThe tenant must pay the reletting costs under section 357A (3) .\nFor when the tenant may end this agreement early, see clause 37 and the information statement.\nThis clause does not apply if, after experiencing domestic violence, the tenant ends the tenant’s interest in this agreement under chapter 5 , part 1 , division 3 , subdivision 2A of the Act .\n(sch.4-sec.6-oc.2-ssec.1) This clause applies if— this agreement is a fixed term agreement; and the tenant ends this agreement before the term ends other than in a way permitted under the Act .\n(sch.4-sec.6-oc.2-ssec.2) The tenant must pay the reletting costs under section 357A (3) . For when the tenant may end this agreement early, see clause 37 and the information statement.\n(sch.4-sec.6-oc.2-ssec.3) This clause does not apply if, after experiencing domestic violence, the tenant ends the tenant’s interest in this agreement under chapter 5 , part 1 , division 3 , subdivision 2A of the Act .\n- (a) this agreement is a fixed term agreement; and\n- (b) the tenant ends this agreement before the term ends other than in a way permitted under the Act .","sortOrder":335},{"sectionNumber":"sch.4-pt.2-div.3","sectionType":"division","heading":"Rent","content":"## Rent","sortOrder":336},{"sectionNumber":"sch.4-sec.7-oc.2","sectionType":"section","heading":"Amount","content":"### sch.4-sec.7-oc.2 Amount\n\nThe amount of rent is—\nif the amount of the rent payable has changed from the amount of rent payable under the former agreement—the amount stated in the notice given under section 527C (5) for the purposes of this agreement; or\notherwise—the amount of rent payable under the former agreement.\nThe amount must be no more than the maximum amount under the community housing rent policy.\nSubclause (4) applies if, during the tenancy, the lessor reasonably believes that—\nthe housing service information given by the tenant is false or misleading in a material particular; or\nthe housing service information given by the tenant has changed.\nThe lessor may review the amount of rent payable under this agreement and change the amount to another amount calculated under the community housing rent policy.\nIf, under subclause (4), the lessor changes the amount, the lessor must, as soon as practicable, give the tenant a notice stating the new amount and when it takes effect.\nSee also clause 46 about the lessor recalculating the amount of rent owed by the tenant for giving housing service information that is false or misleading in a material particular.\nIn this clause—\ncommunity housing rent policy means the document called ‘Community housing rent policy’, published on the department’s website.\nhousing service information means—\ninformation about the identity and income of any person residing in the premises during the tenancy period (being the period while the premises are occupied under this agreement, including any renewal or extension of the agreement), including information about a person who—\nceases to be an occupant; or\nbecomes an occupant; or\ninformation about the number of persons occupying the premises at a time during the tenancy period.\n(sch.4-sec.7-oc.2-ssec.1) The amount of rent is— if the amount of the rent payable has changed from the amount of rent payable under the former agreement—the amount stated in the notice given under section 527C (5) for the purposes of this agreement; or otherwise—the amount of rent payable under the former agreement.\n(sch.4-sec.7-oc.2-ssec.2) The amount must be no more than the maximum amount under the community housing rent policy.\n(sch.4-sec.7-oc.2-ssec.3) Subclause (4) applies if, during the tenancy, the lessor reasonably believes that— the housing service information given by the tenant is false or misleading in a material particular; or the housing service information given by the tenant has changed.\n(sch.4-sec.7-oc.2-ssec.4) The lessor may review the amount of rent payable under this agreement and change the amount to another amount calculated under the community housing rent policy.\n(sch.4-sec.7-oc.2-ssec.5) If, under subclause (4), the lessor changes the amount, the lessor must, as soon as practicable, give the tenant a notice stating the new amount and when it takes effect. See also clause 46 about the lessor recalculating the amount of rent owed by the tenant for giving housing service information that is false or misleading in a material particular.\n(sch.4-sec.7-oc.2-ssec.6) In this clause— community housing rent policy means the document called ‘Community housing rent policy’, published on the department’s website. housing service information means— information about the identity and income of any person residing in the premises during the tenancy period (being the period while the premises are occupied under this agreement, including any renewal or extension of the agreement), including information about a person who— ceases to be an occupant; or becomes an occupant; or information about the number of persons occupying the premises at a time during the tenancy period.\n- (a) if the amount of the rent payable has changed from the amount of rent payable under the former agreement—the amount stated in the notice given under section 527C (5) for the purposes of this agreement; or\n- (b) otherwise—the amount of rent payable under the former agreement.\n- (a) the housing service information given by the tenant is false or misleading in a material particular; or\n- (b) the housing service information given by the tenant has changed.\n- (a) information about the identity and income of any person residing in the premises during the tenancy period (being the period while the premises are occupied under this agreement, including any renewal or extension of the agreement), including information about a person who— (i) ceases to be an occupant; or (ii) becomes an occupant; or\n- (i) ceases to be an occupant; or\n- (ii) becomes an occupant; or\n- (b) information about the number of persons occupying the premises at a time during the tenancy period.\n- (i) ceases to be an occupant; or\n- (ii) becomes an occupant; or","sortOrder":337},{"sectionNumber":"sch.4-sec.8-oc.2","sectionType":"section","heading":"When, how and where rent must be paid— ss 83 – 85","content":"### sch.4-sec.8-oc.2 When, how and where rent must be paid— ss 83 – 85\n\nThe rent must be paid on the days stated in item 8.\nThe rent must be paid—\nin a way stated in item 9; or\nUnder section 83 , at least 2 ways for the tenant to pay the rent must be stated in this agreement.\nin a way agreed after the signing of this agreement by—\nthe lessor or tenant giving the other party a notice proposing a way; and\nthe other party agreeing to the proposal in writing; or\nif the lessor or lessor’s agent intends to change the way rent is paid to a way that is not stated in item 9 and no way is agreed to after the signing of this agreement—in a way the lessor or lessor’s agent proposes by notice to the tenant under section 84A .\nThe lessor or lessor’s agent must give the tenant a notice advising of the costs associated with the ways to pay rent offered to the tenant that the tenant would not reasonably be aware of if the lessor or lessor’s agent knows or could reasonably be expected to find out about the costs.\nAlso, the lessor or lessor’s agent must declare any financial benefit the lessor or lessor’s agent may receive if the tenant uses a particular way to pay rent.\nIf a place is stated in item 10, the rent must be paid at that place.\nIf, after the start of this agreement, the lessor gives a notice to the tenant stating a place, or a different place, for payment of rent and the place is reasonable, the rent must be paid at the place while the notice is in force.\nIf no place is stated in item 10 and there is no notice stating a place, the rent must be paid at an appropriate place.\nthe lessor’s address for service\nthe office of the lessor’s agent\n(sch.4-sec.8-oc.2-ssec.1) The rent must be paid on the days stated in item 8.\n(sch.4-sec.8-oc.2-ssec.2) The rent must be paid— in a way stated in item 9; or Under section 83 , at least 2 ways for the tenant to pay the rent must be stated in this agreement. in a way agreed after the signing of this agreement by— the lessor or tenant giving the other party a notice proposing a way; and the other party agreeing to the proposal in writing; or if the lessor or lessor’s agent intends to change the way rent is paid to a way that is not stated in item 9 and no way is agreed to after the signing of this agreement—in a way the lessor or lessor’s agent proposes by notice to the tenant under section 84A .\n(sch.4-sec.8-oc.2-ssec.3) The lessor or lessor’s agent must give the tenant a notice advising of the costs associated with the ways to pay rent offered to the tenant that the tenant would not reasonably be aware of if the lessor or lessor’s agent knows or could reasonably be expected to find out about the costs.\n(sch.4-sec.8-oc.2-ssec.4) Also, the lessor or lessor’s agent must declare any financial benefit the lessor or lessor’s agent may receive if the tenant uses a particular way to pay rent.\n(sch.4-sec.8-oc.2-ssec.5) If a place is stated in item 10, the rent must be paid at that place.\n(sch.4-sec.8-oc.2-ssec.6) If, after the start of this agreement, the lessor gives a notice to the tenant stating a place, or a different place, for payment of rent and the place is reasonable, the rent must be paid at the place while the notice is in force.\n(sch.4-sec.8-oc.2-ssec.7) If no place is stated in item 10 and there is no notice stating a place, the rent must be paid at an appropriate place. the lessor’s address for service the office of the lessor’s agent\n- (a) in a way stated in item 9; or Note— Under section 83 , at least 2 ways for the tenant to pay the rent must be stated in this agreement.\n- (b) in a way agreed after the signing of this agreement by— (i) the lessor or tenant giving the other party a notice proposing a way; and (ii) the other party agreeing to the proposal in writing; or\n- (i) the lessor or tenant giving the other party a notice proposing a way; and\n- (ii) the other party agreeing to the proposal in writing; or\n- (c) if the lessor or lessor’s agent intends to change the way rent is paid to a way that is not stated in item 9 and no way is agreed to after the signing of this agreement—in a way the lessor or lessor’s agent proposes by notice to the tenant under section 84A .\n- (i) the lessor or tenant giving the other party a notice proposing a way; and\n- (ii) the other party agreeing to the proposal in writing; or\n- • the lessor’s address for service\n- • the office of the lessor’s agent","sortOrder":338},{"sectionNumber":"sch.4-sec.9-oc.2","sectionType":"section","heading":"Rent in advance— s 87","content":"### sch.4-sec.9-oc.2 Rent in advance— s 87\n\nThe lessor or lessor’s agent may require the tenant to pay rent in advance only if the payment is no more than—\nfor a periodic agreement—2 weeks rent; or\nfor a fixed term agreement—1 month rent.\nUnder section 87 (2) , the lessor or lessor’s agent must not require a payment of rent under this agreement in a period for which rent has already been paid.\n- (a) for a periodic agreement—2 weeks rent; or\n- (b) for a fixed term agreement—1 month rent.","sortOrder":339},{"sectionNumber":"sch.4-pt.2-div.4","sectionType":"division","heading":"Rental bond","content":"## Rental bond","sortOrder":340},{"sectionNumber":"sch.4-sec.10-oc.2","sectionType":"section","heading":"Rental bond required— ss 111 , 116 and 117","content":"### sch.4-sec.10-oc.2 Rental bond required— ss 111 , 116 and 117\n\nThe lessor or lessor’s agent may give the tenant a notice stating—\nthe rental bond for this agreement; and\nwhether the bond is to be paid by instalments.\nThe tenant must pay to the lessor or lessor’s agent the rental bond—\nif the bond is to be paid by instalments—by the date stated in the notice for each instalment; or\notherwise—within 28 days of receiving the notice.\nThe lessor or lessor’s agent must pay the rental bond to the authority and give the authority a notice, in the approved form about the bond.\nFor when the lessor or lessor’s agent must pay the rental bond to the authority, see sections 116 and 117 . Generally, the lessor or lessor’s agent must pay the rental bond to the authority within 10 days of receiving it.\nThe rental bond is intended to be available to financially protect the lessor if the tenant breaches this agreement.\nThe lessor may claim against the rental bond if the tenant does not leave the premises in the required condition at the end of the tenancy.\nFor how to apply to the authority or tribunal for the rental bond at the end of the tenancy, see sections 125 to 141 and the information statement.\n(sch.4-sec.10-oc.2-ssec.1) The lessor or lessor’s agent may give the tenant a notice stating— the rental bond for this agreement; and whether the bond is to be paid by instalments.\n(sch.4-sec.10-oc.2-ssec.2) The tenant must pay to the lessor or lessor’s agent the rental bond— if the bond is to be paid by instalments—by the date stated in the notice for each instalment; or otherwise—within 28 days of receiving the notice.\n(sch.4-sec.10-oc.2-ssec.3) The lessor or lessor’s agent must pay the rental bond to the authority and give the authority a notice, in the approved form about the bond. For when the lessor or lessor’s agent must pay the rental bond to the authority, see sections 116 and 117 . Generally, the lessor or lessor’s agent must pay the rental bond to the authority within 10 days of receiving it.\n(sch.4-sec.10-oc.2-ssec.4) The rental bond is intended to be available to financially protect the lessor if the tenant breaches this agreement. The lessor may claim against the rental bond if the tenant does not leave the premises in the required condition at the end of the tenancy. For how to apply to the authority or tribunal for the rental bond at the end of the tenancy, see sections 125 to 141 and the information statement.\n- (a) the rental bond for this agreement; and\n- (b) whether the bond is to be paid by instalments.\n- (a) if the bond is to be paid by instalments—by the date stated in the notice for each instalment; or\n- (b) otherwise—within 28 days of receiving the notice.","sortOrder":341},{"sectionNumber":"sch.4-sec.11-oc.2","sectionType":"section","heading":"Increase in rental bond— s 154","content":"### sch.4-sec.11-oc.2 Increase in rental bond— s 154\n\nThe tenant must increase the rental bond if—\nthe rent increases and the lessor gives notice to the tenant to increase the bond; and\nthe notice is given at least 11 months after—\nthis agreement started; or\nif the bond has been increased previously, following a notice given under this clause—the day stated in the notice, or the last notice, for making the increase.\nThe notice must state the increased amount and a day by which the increase must be made.\nFor subclause (2), the day must be at least 1 month after the notice is given to the tenant.\n(sch.4-sec.11-oc.2-ssec.1) The tenant must increase the rental bond if— the rent increases and the lessor gives notice to the tenant to increase the bond; and the notice is given at least 11 months after— this agreement started; or if the bond has been increased previously, following a notice given under this clause—the day stated in the notice, or the last notice, for making the increase.\n(sch.4-sec.11-oc.2-ssec.2) The notice must state the increased amount and a day by which the increase must be made.\n(sch.4-sec.11-oc.2-ssec.3) For subclause (2), the day must be at least 1 month after the notice is given to the tenant.\n- (a) the rent increases and the lessor gives notice to the tenant to increase the bond; and\n- (b) the notice is given at least 11 months after— (i) this agreement started; or (ii) if the bond has been increased previously, following a notice given under this clause—the day stated in the notice, or the last notice, for making the increase.\n- (i) this agreement started; or\n- (ii) if the bond has been increased previously, following a notice given under this clause—the day stated in the notice, or the last notice, for making the increase.\n- (i) this agreement started; or\n- (ii) if the bond has been increased previously, following a notice given under this clause—the day stated in the notice, or the last notice, for making the increase.","sortOrder":342},{"sectionNumber":"sch.4-pt.2-div.5","sectionType":"division","heading":"Outgoings","content":"## Outgoings","sortOrder":343},{"sectionNumber":"sch.4-sec.12-oc.2","sectionType":"section","heading":"Outgoings— s 163","content":"### sch.4-sec.12-oc.2 Outgoings— s 163\n\nThe lessor must pay all charges, levies, premiums, rates or taxes for the premises, other than a service charge for the premises.\ncouncil general rates, sewerage charges, environment levies, land tax","sortOrder":344},{"sectionNumber":"sch.4-sec.13-oc.2","sectionType":"section","heading":"General service charges— ss 164 and 165","content":"### sch.4-sec.13-oc.2 General service charges— ss 164 and 165\n\nThe tenant must pay a service charge, other than a water service charge, for a service supplied to the premises during the tenancy if—\nthe tenant enjoys or shares the benefit of the service; and\nthe service is stated in item 12.1; and\neither—\nthe premises are individually metered for the service; or\nitem 13 states how the tenant’s apportionment of the cost of the service is to be worked out; and\nitem 14 states how the charge may be recovered by the lessor from the tenant.\nIf subclause (1) does not apply to this agreement, the lessor may give the tenant a notice stating—\nfor item 12.1, a service, other than a water service, is a service supplied to the premises for which the tenant must pay; and\nfor item 13, if the premises are not individually metered for a service mentioned in paragraph (a) —the apportionment cost of the service for which the tenant must pay; and\nfor item 14, how the tenant must pay a charge for the service (a general service charge ).\nThe notice—\nmay be given only once for this agreement; and\nmust not take effect for at least 28 days from the date the notice is given to the tenant.\nIf the notice states a date that is less than 28 days from the date the notice is given, the general service charge becomes payable 28 days after the notice is given.\nThe tenant must pay the general service charge during the tenancy in accordance with the notice.\nSection 165 (3) limits the amount the tenant must pay.\n(sch.4-sec.13-oc.2-ssec.1) The tenant must pay a service charge, other than a water service charge, for a service supplied to the premises during the tenancy if— the tenant enjoys or shares the benefit of the service; and the service is stated in item 12.1; and either— the premises are individually metered for the service; or item 13 states how the tenant’s apportionment of the cost of the service is to be worked out; and item 14 states how the charge may be recovered by the lessor from the tenant.\n(sch.4-sec.13-oc.2-ssec.2) If subclause (1) does not apply to this agreement, the lessor may give the tenant a notice stating— for item 12.1, a service, other than a water service, is a service supplied to the premises for which the tenant must pay; and for item 13, if the premises are not individually metered for a service mentioned in paragraph (a) —the apportionment cost of the service for which the tenant must pay; and for item 14, how the tenant must pay a charge for the service (a general service charge ).\n(sch.4-sec.13-oc.2-ssec.3) The notice— may be given only once for this agreement; and must not take effect for at least 28 days from the date the notice is given to the tenant.\n(sch.4-sec.13-oc.2-ssec.4) If the notice states a date that is less than 28 days from the date the notice is given, the general service charge becomes payable 28 days after the notice is given.\n(sch.4-sec.13-oc.2-ssec.5) The tenant must pay the general service charge during the tenancy in accordance with the notice. Section 165 (3) limits the amount the tenant must pay.\n- (a) the tenant enjoys or shares the benefit of the service; and\n- (b) the service is stated in item 12.1; and\n- (c) either— (i) the premises are individually metered for the service; or (ii) item 13 states how the tenant’s apportionment of the cost of the service is to be worked out; and\n- (i) the premises are individually metered for the service; or\n- (ii) item 13 states how the tenant’s apportionment of the cost of the service is to be worked out; and\n- (d) item 14 states how the charge may be recovered by the lessor from the tenant.\n- (i) the premises are individually metered for the service; or\n- (ii) item 13 states how the tenant’s apportionment of the cost of the service is to be worked out; and\n- (a) for item 12.1, a service, other than a water service, is a service supplied to the premises for which the tenant must pay; and\n- (b) for item 13, if the premises are not individually metered for a service mentioned in paragraph (a) —the apportionment cost of the service for which the tenant must pay; and\n- (c) for item 14, how the tenant must pay a charge for the service (a general service charge ).\n- (a) may be given only once for this agreement; and\n- (b) must not take effect for at least 28 days from the date the notice is given to the tenant.","sortOrder":345},{"sectionNumber":"sch.4-sec.14-oc.2","sectionType":"section","heading":"Water service charges— ss 164 , 166 and 166A","content":"### sch.4-sec.14-oc.2 Water service charges— ss 164 , 166 and 166A\n\nThe tenant must pay an amount for the water consumption charges for the premises if—\nthe tenant is enjoying or sharing the benefit of a water service to the premises; and\nthe premises are individually metered for the supply of water or water is supplied to the premises by delivery by means of a vehicle; and\nitem 12.2 states that the tenant must pay for water supplied to the premises.\nHowever, the tenant does not have to pay an amount—\nthat is more than the amount of the water consumption charges payable to the relevant water supplier; or\nthat is a fixed charge for the water service to the premises.\nAlso, 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 .\nIn 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) .\nThe lessor must give the tenant copies of water consumption charges documents within 4 weeks after the lessor receives the documents.\nThe tenant must pay the amount of the water consumption charge to the lessor within 4 weeks after the lessor gives the tenant copies of water consumption charges documents about the incurring of the amount.\nThe tenant is not required to pay an amount for the water consumption charges if the tenant does not receive a copy of the water consumption charges document about the amount payable to the relevant water supplier.\nSubclause (9) applies if water consumption charges are payable for a period that includes part but not all of a period specified, or to be specified, in a water consumption charges document.\nThe tenant may be required to pay an amount, calculated for a partial billing period under section 166A , using—\na meter reading for the premises recorded in a condition report; and\na reasonable estimate of the volume of water supplied to the premises during the period for which water consumption charges are payable by the tenant; and\nthe rate used to calculate the water consumption charge stated in the most recent water consumption charges document.\nIf subclause (1) does not apply to this agreement, the lessor may give the tenant a notice stating that the tenant must pay for water consumption charges in relation to the premises.\nThe tenant must pay the water consumption charge during the tenancy in accordance with the notice.\nSubclauses (2) to (5) apply to a water consumption charge that is payable under the notice given under subclause (10).\nIn this clause—\nwater consumption charge , for premises, means the variable part of a water service charge assessed on the volume of water supplied to the premises.\nIf there is a dispute about how much water (or any other service charge) the tenant should pay for, the lessor or tenant may attempt to resolve the dispute by conciliation.\nwater consumption charges document means a document, issued to the lessor by the relevant water supplier, stating the amount of water consumption charges for the premises that are payable to the supplier.\n(sch.4-sec.14-oc.2-ssec.1) The tenant must pay an amount for the water consumption charges for the premises if— the tenant is enjoying or sharing the benefit of a water service to the premises; and 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 item 12.2 states that the tenant must pay for water supplied to the premises.\n(sch.4-sec.14-oc.2-ssec.2) However, the tenant does not have to pay an amount— that is more than the amount of the water consumption charges payable to the relevant water supplier; or that is a fixed charge for the water service to the premises.\n(sch.4-sec.14-oc.2-ssec.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 .\n(sch.4-sec.14-oc.2-ssec.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) .\n(sch.4-sec.14-oc.2-ssec.5) The lessor must give the tenant copies of water consumption charges documents within 4 weeks after the lessor receives the documents.\n(sch.4-sec.14-oc.2-ssec.6) The tenant must pay the amount of the water consumption charge to the lessor within 4 weeks after the lessor gives the tenant copies of water consumption charges documents about the incurring of the amount.\n(sch.4-sec.14-oc.2-ssec.7) The tenant is not required to pay an amount for the water consumption charges if the tenant does not receive a copy of the water consumption charges document about the amount payable to the relevant water supplier.\n(sch.4-sec.14-oc.2-ssec.8) Subclause (9) applies if water consumption charges are payable for a period that includes part but not all of a period specified, or to be specified, in a water consumption charges document.\n(sch.4-sec.14-oc.2-ssec.9) The tenant may be required to pay an amount, calculated for a partial billing period under section 166A , using— a meter reading for the premises recorded in a condition report; and a reasonable estimate of the volume of water supplied to the premises during the period for which water consumption charges are payable by the tenant; and the rate used to calculate the water consumption charge stated in the most recent water consumption charges document.\n(sch.4-sec.14-oc.2-ssec.10) If subclause (1) does not apply to this agreement, the lessor may give the tenant a notice stating that the tenant must pay for water consumption charges in relation to the premises.\n(sch.4-sec.14-oc.2-ssec.11) The tenant must pay the water consumption charge during the tenancy in accordance with the notice.\n(sch.4-sec.14-oc.2-ssec.12) Subclauses (2) to (5) apply to a water consumption charge that is payable under the notice given under subclause (10).\n(sch.4-sec.14-oc.2-ssec.13) 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. If there is a dispute about how much water (or any other service charge) the tenant should pay for, the lessor or tenant may attempt to resolve the dispute by conciliation. water consumption charges document means a document, issued to the lessor by the relevant water supplier, stating the amount of water consumption charges for the premises that are payable to the supplier.\n- (a) the tenant is enjoying or sharing the benefit of a water service to the premises; and\n- (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\n- (c) item 12.2 states that the tenant must pay for water supplied to the premises.\n- (a) that is more than the amount of the water consumption charges payable to the relevant water supplier; or\n- (b) that is a fixed charge for the water service to the premises.\n- (a) a meter reading for the premises recorded in a condition report; and\n- (b) a reasonable estimate of the volume of water supplied to the premises during the period for which water consumption charges are payable by the tenant; and\n- (c) the rate used to calculate the water consumption charge stated in the most recent water consumption charges document.","sortOrder":346},{"sectionNumber":"sch.4-pt.2-div.6","sectionType":"division","heading":"Rights and obligations during tenancy","content":"## Rights and obligations during tenancy","sortOrder":347},{"sectionNumber":"sch.4-sec.15-oc.2","sectionType":"section","heading":"No legal impediments to occupation— s 181","content":"### sch.4-sec.15-oc.2 No legal impediments to occupation— s 181\n\nThe 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 the tenancy started, the lessor knew about the impediment or ought reasonably to have known about it.\na certificate might be required under the Building Act 1975 before the premises can lawfully be occupied\nthe zoning of the land might prevent use of a building on the land as a residence\n- • a certificate might be required under the Building Act 1975 before the premises can lawfully be occupied\n- • the zoning of the land might prevent use of a building on the land as a residence","sortOrder":348},{"sectionNumber":"sch.4-sec.16-oc.2","sectionType":"section","heading":"Vacant possession and quiet enjoyment— ss 182 and 183","content":"### sch.4-sec.16-oc.2 Vacant possession and quiet enjoyment— ss 182 and 183\n\nThe lessor must take reasonable steps to ensure the tenant has quiet enjoyment of the premises.\nThe lessor or lessor’s agent must not interfere with the reasonable peace, comfort or privacy of the tenant in using the premises.\n(sch.4-sec.16-oc.2-ssec.1) The lessor must take reasonable steps to ensure the tenant has quiet enjoyment of the premises.\n(sch.4-sec.16-oc.2-ssec.2) The lessor or lessor’s agent must not interfere with the reasonable peace, comfort or privacy of the tenant in using the premises.","sortOrder":349},{"sectionNumber":"sch.4-sec.17-oc.2","sectionType":"section","heading":"Lessor’s right to enter the premises— ss 192 – 199","content":"### sch.4-sec.17-oc.2 Lessor’s right to enter the premises— ss 192 – 199\n\nThe lessor or lessor’s agent may enter the premises during the tenancy only if the obligations under sections 192 to 199 have been complied with.","sortOrder":350},{"sectionNumber":"sch.4-sec.18-oc.2","sectionType":"section","heading":"Tenant’s use of premises— ss 10 and 184","content":"### sch.4-sec.18-oc.2 Tenant’s use of premises— ss 10 and 184\n\nThe tenant may use the premises—\nonly as a place of residence; or\nmainly as a place of residence.\nThe tenant must not—\nuse the premises for an illegal purpose; or\ncause a nuisance by the use of the premises; or\nusing paints or chemicals on the premises that go onto or cause odours on adjoining land\nmaking loud noises\nallowing large amounts of water to escape onto adjoining land\ninterfere with the reasonable peace, comfort or privacy of a neighbour of the tenant; or\nallow another person on the premises to interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant.\n(sch.4-sec.18-oc.2-ssec.1) The tenant may use the premises— only as a place of residence; or mainly as a place of residence.\n(sch.4-sec.18-oc.2-ssec.2) The tenant must not— use the premises for an illegal purpose; or cause a nuisance by the use of the premises; or using paints or chemicals on the premises that go onto or cause odours on adjoining land making loud noises allowing large amounts of water to escape onto adjoining land interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant; or allow another person on the premises to interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant.\n- (a) only as a place of residence; or\n- (b) mainly as a place of residence.\n- (a) use the premises for an illegal purpose; or\n- (b) cause a nuisance by the use of the premises; or Examples of things that may constitute a nuisance— • using paints or chemicals on the premises that go onto or cause odours on adjoining land • making loud noises • allowing large amounts of water to escape onto adjoining land\n- • using paints or chemicals on the premises that go onto or cause odours on adjoining land\n- • making loud noises\n- • allowing large amounts of water to escape onto adjoining land\n- (c) interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant; or\n- (d) allow another person on the premises to interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant.\n- • using paints or chemicals on the premises that go onto or cause odours on adjoining land\n- • making loud noises\n- • allowing large amounts of water to escape onto adjoining land","sortOrder":351},{"sectionNumber":"sch.4-sec.19-oc.2","sectionType":"section","heading":"Number of occupants allowed","content":"### sch.4-sec.19-oc.2 Number of occupants allowed\n\nNo more than the number of persons stated in item 15 may reside at the premises.","sortOrder":352},{"sectionNumber":"sch.4-sec.20","sectionType":"section","heading":"Body corporate by-laws— s 69","content":"### sch.4-sec.20 Body corporate by-laws— s 69\n\nThe lessor must give the tenant a copy of any body corporate by-laws applicable to—\nthe occupation of the premises; or\nany common area available for use by the tenant with the premises.\nThe tenant must comply with the body corporate by-laws.\nSubclause (1) does not apply if—\nthis agreement has the effect of continuing the tenant’s right to occupy the premises under an earlier residential tenancy agreement; and\nthe tenant was given a copy of the body corporate by-laws in relation to the earlier agreement.\n(sch.4-sec.20-ssec.1) The lessor must give the tenant a copy of any body corporate by-laws applicable to— the occupation of the premises; or any common area available for use by the tenant with the premises.\n(sch.4-sec.20-ssec.2) The tenant must comply with the body corporate by-laws.\n(sch.4-sec.20-ssec.3) Subclause (1) does not apply if— this agreement has the effect of continuing the tenant’s right to occupy the premises under an earlier residential tenancy agreement; and the tenant was given a copy of the body corporate by-laws in relation to the earlier agreement.\n- (a) the occupation of the premises; or\n- (b) any common area available for use by the tenant with the premises.\n- (a) this agreement has the effect of continuing the tenant’s right to occupy the premises under an earlier residential tenancy agreement; and\n- (b) the tenant was given a copy of the body corporate by-laws in relation to the earlier agreement.","sortOrder":353},{"sectionNumber":"sch.4-sec.21","sectionType":"section","heading":"Lessor’s obligations— s 185","content":"### sch.4-sec.21 Lessor’s obligations— s 185\n\nDuring the tenancy, the lessor must—\nmaintain the premises in a way that the premises remain fit for the tenant to live in; and\nmaintain the premises in good repair; and\nensure any law dealing with issues about the health or safety of persons using or entering the premises is complied with; and\nkeep any common area included in the premises clean; and\nensure the premises otherwise comply with any prescribed minimum housing standards applying to the premises.\nHowever, the lessor is not required to comply with subclause (1)(a) for any non-standard items and the lessor is not responsible for their maintenance if—\nthe non-standard items are stated in a former agreement and the former agreement states the lessor is not responsible for their maintenance; and\nthe non-standard items are not necessary and reasonable to make the premises a fit place in which to live; and\nthe non-standard items are not a risk to health or safety; and\nfor fixtures—the fixtures were not attached to the premises by the lessor.\nIn this clause—\nnon-standard items means the fixtures attached to the premises and inclusions supplied with the premises stated in item 5.2 of the former agreement.\npremises include any common area available for use by the tenant with the premises.\n(sch.4-sec.21-ssec.1) During the tenancy, the lessor must— maintain the premises in a way that the premises remain fit for the tenant to live in; and maintain the premises in good repair; and ensure any law dealing with issues about the health or safety of persons using or entering the premises is complied with; and keep any common area included in the premises clean; and ensure the premises otherwise comply with any prescribed minimum housing standards applying to the premises.\n(sch.4-sec.21-ssec.2) However, the lessor is not required to comply with subclause (1)(a) for any non-standard items and the lessor is not responsible for their maintenance if— the non-standard items are stated in a former agreement and the former agreement states the lessor is not responsible for their maintenance; and the non-standard items are not necessary and reasonable to make the premises a fit place in which to live; and the non-standard items are not a risk to health or safety; and for fixtures—the fixtures were not attached to the premises by the lessor.\n(sch.4-sec.21-ssec.3) In this clause— non-standard items means the fixtures attached to the premises and inclusions supplied with the premises stated in item 5.2 of the former agreement. premises include any common area available for use by the tenant with the premises.\n- (a) maintain the premises in a way that the premises remain fit for the tenant to live in; and\n- (b) maintain the premises in good repair; and\n- (c) ensure any law dealing with issues about the health or safety of persons using or entering the premises is complied with; and\n- (d) keep any common area included in the premises clean; and\n- (e) ensure the premises otherwise comply with any prescribed minimum housing standards applying to the premises.\n- (a) the non-standard items are stated in a former agreement and the former agreement states the lessor is not responsible for their maintenance; and\n- (b) the non-standard items are not necessary and reasonable to make the premises a fit place in which to live; and\n- (c) the non-standard items are not a risk to health or safety; and\n- (d) for fixtures—the fixtures were not attached to the premises by the lessor.","sortOrder":354},{"sectionNumber":"sch.4-sec.22","sectionType":"section","heading":"Tenant’s obligations generally— s 188","content":"### sch.4-sec.22 Tenant’s obligations generally— s 188\n\nThe tenant must keep the premises clean, having regard to their condition at the start of the tenancy.\nThe tenant must not maliciously damage, or allow someone else to maliciously damage, the premises.\nThe 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 caused by an act of domestic violence experienced by the tenant.\nIn this clause—\nstart of the tenancy , in relation to the premises, means the start of the tenancy under the former agreement.\n(sch.4-sec.22-ssec.1) The tenant must keep the premises clean, having regard to their condition at the start of the tenancy.\n(sch.4-sec.22-ssec.2) The tenant must not maliciously damage, or allow someone else to maliciously damage, the premises.\n(sch.4-sec.22-ssec.3) 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 caused by an act of domestic violence experienced by the tenant.\n(sch.4-sec.22-ssec.4) In this clause— start of the tenancy , in relation to the premises, means the start of the tenancy under the former agreement.","sortOrder":355},{"sectionNumber":"sch.4-sec.23","sectionType":"section","heading":"Fixtures or structural changes— ss 207 – 209","content":"### sch.4-sec.23 Fixtures or structural changes— ss 207 – 209\n\nThe tenant may attach a fixture, or make a structural change, to the premises only if—\nthe tenant gives the lessor a request, in the approved form, for approval to attach the fixture or make the structural change; and\nthe lessor agrees to the request; and\nfor body corporate premises—the body corporate agrees to the request; and\nthe fixture is attached, or structural change is made, in accordance with the lessor’s agreement.\nFixtures are generally items permanently attached to land or to a building that are intended to become part of the land or building. Attaching a fixture may include, for example, gluing, nailing or screwing the fixture to a wall.\nThe lessor must—\ndecide the request—\nwithin 28 days after receiving the request; or\nif the premises are not body corporate premises—within a longer period, if agreed to by the tenant and lessor; and\nadvise the tenant of the lessor’s decision; and\nif the lessor agrees to the request and the premises are body corporate premises—\nstate that the lessor’s agreement is subject to agreement by the body corporate; and\ngive the request to the body corporate within 28 days after receiving the request; and\nadvise the tenant as soon as reasonably practicable of the body corporate’s decision about the request.\nIf the lessor agrees to the request, the lessor must give the tenant an agreement that—\nis in writing; and\ndescribes the nature of the fixture or structural change; and\nstates any conditions of the agreement, including any conditions given by the body corporate.\nthat the tenant must maintain the fixture in a particular way\nthat the tenant must remove the fixture and must repair damage caused by removing the fixture\nthat the lessor must compensate the tenant for the fixture if the tenant can not remove it\nThe tenant must comply with any conditions of the agreement given by the lessor or body corporate.\nHowever, if the tenant attached a fixture and the former lessor waived the breach under a former agreement, the fixture is taken to belong to the tenant.\nIn this clause—\nbody corporate premises means premises—\nthat are part of a body corporate scheme; and\nfor which, under a body corporate law or body corporate by-law, the approval of the body corporate is required for the attachment of a fixture, or the making of a structural change, to the premises\n(sch.4-sec.23-ssec.1) The tenant may attach a fixture, or make a structural change, to the premises only if— the tenant gives the lessor a request, in the approved form, for approval to attach the fixture or make the structural change; and the lessor agrees to the request; and for body corporate premises—the body corporate agrees to the request; and the fixture is attached, or structural change is made, in accordance with the lessor’s agreement. Fixtures are generally items permanently attached to land or to a building that are intended to become part of the land or building. Attaching a fixture may include, for example, gluing, nailing or screwing the fixture to a wall.\n(sch.4-sec.23-ssec.2) The lessor must— decide the request— within 28 days after receiving the request; or if the premises are not body corporate premises—within a longer period, if agreed to by the tenant and lessor; and advise the tenant of the lessor’s decision; and if the lessor agrees to the request and the premises are body corporate premises— state that the lessor’s agreement is subject to agreement by the body corporate; and give the request to the body corporate within 28 days after receiving the request; and advise the tenant as soon as reasonably practicable of the body corporate’s decision about the request.\n(sch.4-sec.23-ssec.3) If the lessor agrees to the request, the lessor must give the tenant an agreement that— is in writing; and describes the nature of the fixture or structural change; and states any conditions of the agreement, including any conditions given by the body corporate. that the tenant must maintain the fixture in a particular way that the tenant must remove the fixture and must repair damage caused by removing the fixture that the lessor must compensate the tenant for the fixture if the tenant can not remove it\n(sch.4-sec.23-ssec.4) The tenant must comply with any conditions of the agreement given by the lessor or body corporate.\n(sch.4-sec.23-ssec.5) However, if the tenant attached a fixture and the former lessor waived the breach under a former agreement, the fixture is taken to belong to the tenant.\n(sch.4-sec.23-ssec.6) In this clause— body corporate premises means premises— that are part of a body corporate scheme; and for which, under a body corporate law or body corporate by-law, the approval of the body corporate is required for the attachment of a fixture, or the making of a structural change, to the premises\n- (a) the tenant gives the lessor a request, in the approved form, for approval to attach the fixture or make the structural change; and\n- (b) the lessor agrees to the request; and\n- (c) for body corporate premises—the body corporate agrees to the request; and\n- (d) the fixture is attached, or structural change is made, in accordance with the lessor’s agreement.\n- (a) decide the request— (i) within 28 days after receiving the request; or (ii) if the premises are not body corporate premises—within a longer period, if agreed to by the tenant and lessor; and\n- (i) within 28 days after receiving the request; or\n- (ii) if the premises are not body corporate premises—within a longer period, if agreed to by the tenant and lessor; and\n- (b) advise the tenant of the lessor’s decision; and\n- (c) if the lessor agrees to the request and the premises are body corporate premises— (i) state that the lessor’s agreement is subject to agreement by the body corporate; and (ii) give the request to the body corporate within 28 days after receiving the request; and (iii) advise the tenant as soon as reasonably practicable of the body corporate’s decision about the request.\n- (i) state that the lessor’s agreement is subject to agreement by the body corporate; and\n- (ii) give the request to the body corporate within 28 days after receiving the request; and\n- (iii) advise the tenant as soon as reasonably practicable of the body corporate’s decision about the request.\n- (i) within 28 days after receiving the request; or\n- (ii) if the premises are not body corporate premises—within a longer period, if agreed to by the tenant and lessor; and\n- (i) state that the lessor’s agreement is subject to agreement by the body corporate; and\n- (ii) give the request to the body corporate within 28 days after receiving the request; and\n- (iii) advise the tenant as soon as reasonably practicable of the body corporate’s decision about the request.\n- (a) is in writing; and\n- (b) describes the nature of the fixture or structural change; and\n- (c) states any conditions of the agreement, including any conditions given by the body corporate. Examples of conditions— • that the tenant must maintain the fixture in a particular way • that the tenant must remove the fixture and must repair damage caused by removing the fixture • that the lessor must compensate the tenant for the fixture if the tenant can not remove it\n- • that the tenant must maintain the fixture in a particular way\n- • that the tenant must remove the fixture and must repair damage caused by removing the fixture\n- • that the lessor must compensate the tenant for the fixture if the tenant can not remove it\n- • that the tenant must maintain the fixture in a particular way\n- • that the tenant must remove the fixture and must repair damage caused by removing the fixture\n- • that the lessor must compensate the tenant for the fixture if the tenant can not remove it\n- (a) that are part of a body corporate scheme; and\n- (b) for which, under a body corporate law or body corporate by-law, the approval of the body corporate is required for the attachment of a fixture, or the making of a structural change, to the premises","sortOrder":356},{"sectionNumber":"sch.4-sec.24","sectionType":"section","heading":"Action by lessor for breach of lessor’s agreement about fixture or structural change— s 209A","content":"### sch.4-sec.24 Action by lessor for breach of lessor’s agreement about fixture or structural change— s 209A\n\nThis clause applies if—\nthe tenant attaches a fixture, or makes a structural change, to the premises; and\nthe lessor’s agreement is given under section 208 to attach the fixture or make the structural change; and\nthe tenant does not attach the fixture, or make the structural change, in accordance with the lessor’s agreement.\nThe lessor may—\ntake action for a breach of a term of this agreement; or\nwaive the breach and treat the fixture or structural change as an improvement to the premises for the lessor’s benefit.\n(sch.4-sec.24-ssec.1) This clause applies if— the tenant attaches a fixture, or makes a structural change, to the premises; and the lessor’s agreement is given under section 208 to attach the fixture or make the structural change; and the tenant does not attach the fixture, or make the structural change, in accordance with the lessor’s agreement.\n(sch.4-sec.24-ssec.2) The lessor may— take action for a breach of a term of this agreement; or waive the breach and treat the fixture or structural change as an improvement to the premises for the lessor’s benefit.\n- (a) the tenant attaches a fixture, or makes a structural change, to the premises; and\n- (b) the lessor’s agreement is given under section 208 to attach the fixture or make the structural change; and\n- (c) the tenant does not attach the fixture, or make the structural change, in accordance with the lessor’s agreement.\n- (a) take action for a breach of a term of this agreement; or\n- (b) waive the breach and treat the fixture or structural change as an improvement to the premises for the lessor’s benefit.","sortOrder":357},{"sectionNumber":"sch.4-sec.25","sectionType":"section","heading":"Supply of locks and keys— s 210","content":"### sch.4-sec.25 Supply of locks and keys— s 210\n\nThe lessor must supply and maintain all locks necessary to ensure the premises are reasonably secure.\nThe lessor must give the tenant, or if there is more than 1 tenant, give 1 of the tenants, a key for each lock that—\nsecures an entry to the premises; or\nsecures a road or other place normally used to gain access to, or leave, the area or building in which the premises are situated; or\nis part of the premises.\nIf 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).\nThe tenant must, if requested by the lessor, give the lessor a key for a lock mentioned in subclause (2)(a) and (b) for the purpose of copying the key.\nThe lessor must return the key as soon as possible but no later than 5p.m. on the same day it is given to the lessor, unless otherwise agreed between the lessor and the tenant.\nSubclauses (2) and (3) do not apply if the tenant was given keys for the premises under a former agreement.\n(sch.4-sec.25-ssec.1) The lessor must supply and maintain all locks necessary to ensure the premises are reasonably secure.\n(sch.4-sec.25-ssec.2) The lessor must give the tenant, or if there is more than 1 tenant, give 1 of the tenants, a key for each lock that— secures an entry to the premises; or 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 is part of the premises.\n(sch.4-sec.25-ssec.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).\n(sch.4-sec.25-ssec.4) The tenant must, if requested by the lessor, give the lessor a key for a lock mentioned in subclause (2)(a) and (b) for the purpose of copying the key.\n(sch.4-sec.25-ssec.5) The lessor must return the key as soon as possible but no later than 5p.m. on the same day it is given to the lessor, unless otherwise agreed between the lessor and the tenant.\n(sch.4-sec.25-ssec.6) Subclauses (2) and (3) do not apply if the tenant was given keys for the premises under a former agreement.\n- (a) secures an entry to the premises; or\n- (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\n- (c) is part of the premises.","sortOrder":358},{"sectionNumber":"sch.4-sec.26","sectionType":"section","heading":"Changing locks— ss 211 and 212","content":"### sch.4-sec.26 Changing locks— ss 211 and 212\n\nThe lessor or tenant may change a lock at the premises only if—\nthe other party to this agreement agrees to the change; or\nthe lessor or tenant has a reasonable excuse for making the change; or\nthe lessor or tenant believes the change is necessary because of an emergency; or\nthe lock is changed to comply with an order of the tribunal.\nHowever, the tenant may also change a lock at the premises if the tenant—\nbelieves the change is necessary to protect the tenant or another occupant of the premises from domestic violence; and\nengages a locksmith or other qualified tradesperson to change the lock.\nThe lessor or tenant must not act unreasonably in failing to agree to the change of a lock.\nIf 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—\nthe other party agrees to not being given the key; or\nthe tribunal orders that the key not be given to the other party.\nIf 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.\nThe right of the lessor or tenant to change a lock under this clause is subject to a body corporate law or a body corporate by-law that applies to the premises.\n(sch.4-sec.26-ssec.1) The lessor or tenant may change a lock at the premises only if— the other party to this agreement agrees to the change; or the lessor or tenant has a reasonable excuse for making the change; or the lessor or tenant believes the change is necessary because of an emergency; or the lock is changed to comply with an order of the tribunal.\n(sch.4-sec.26-ssec.2) However, the tenant may also change a lock at the premises if the tenant— believes the change is necessary to protect the tenant or another occupant of the premises from domestic violence; and engages a locksmith or other qualified tradesperson to change the lock.\n(sch.4-sec.26-ssec.3) The lessor or tenant must not act unreasonably in failing to agree to the change of a lock.\n(sch.4-sec.26-ssec.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— the other party agrees to not being given the key; or the tribunal orders that the key not be given to the other party.\n(sch.4-sec.26-ssec.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.\n(sch.4-sec.26-ssec.6) The right of the lessor or tenant to change a lock under this clause is subject to a body corporate law or a body corporate by-law that applies to the premises.\n- (a) the other party to this agreement agrees to the change; or\n- (b) the lessor or tenant has a reasonable excuse for making the change; or\n- (c) the lessor or tenant believes the change is necessary because of an emergency; or\n- (d) the lock is changed to comply with an order of the tribunal.\n- (a) believes the change is necessary to protect the tenant or another occupant of the premises from domestic violence; and\n- (b) engages a locksmith or other qualified tradesperson to change the lock.\n- (a) the other party agrees to not being given the key; or\n- (b) the tribunal orders that the key not be given to the other party.","sortOrder":359},{"sectionNumber":"sch.4-sec.27","sectionType":"section","heading":"Meaning of emergency and routine repairs— ss 214 and 215","content":"### sch.4-sec.27 Meaning of emergency and routine repairs— ss 214 and 215\n\nEmergency repairs are works needed to repair any of the following—\na burst water service or serious water service leak;\na blocked or broken lavatory system;\na serious roof leak;\na gas leak;\na dangerous electrical fault;\nflooding or serious flood damage;\nserious storm, fire or impact damage;\na failure or breakdown of the gas, electricity or water supply to the premises;\na failure or breakdown of an essential service or appliance on the premises for hot water, cooking or heating;\na fault or damage that makes the premises unsafe or insecure;\na fault or damage likely to injure a person, damage property or unduly inconvenience a tenant of the premises;\na serious fault in a staircase, lift or other common area of the premises that unduly inconveniences a tenant in gaining access to, or using, the premises.\nAlso, emergency repairs are works needed for the premises to comply with the prescribed minimum housing standards.\nRoutine repairs are repairs that are not emergency repairs.\n(sch.4-sec.27-ssec.1) Emergency repairs are works needed to repair any of the following— a burst water service or serious water service leak; a blocked or broken lavatory system; a serious roof leak; a gas leak; a dangerous electrical fault; flooding or serious flood damage; serious storm, fire or impact damage; a failure or breakdown of the gas, electricity or water supply to the premises; a failure or breakdown of an essential service or appliance on the premises for hot water, cooking or heating; a fault or damage that makes the premises unsafe or insecure; a fault or damage likely to injure a person, damage property or unduly inconvenience a tenant of the premises; a serious fault in a staircase, lift or other common area of the premises that unduly inconveniences a tenant in gaining access to, or using, the premises.\n(sch.4-sec.27-ssec.2) Also, emergency repairs are works needed for the premises to comply with the prescribed minimum housing standards.\n(sch.4-sec.27-ssec.3) Routine repairs are repairs that are not emergency repairs.\n- (a) a burst water service or serious water service leak;\n- (b) a blocked or broken lavatory system;\n- (c) a serious roof leak;\n- (d) a gas leak;\n- (e) a dangerous electrical fault;\n- (f) flooding or serious flood damage;\n- (g) serious storm, fire or impact damage;\n- (h) a failure or breakdown of the gas, electricity or water supply to the premises;\n- (i) a failure or breakdown of an essential service or appliance on the premises for hot water, cooking or heating;\n- (j) a fault or damage that makes the premises unsafe or insecure;\n- (k) a fault or damage likely to injure a person, damage property or unduly inconvenience a tenant of the premises;\n- (l) a serious fault in a staircase, lift or other common area of the premises that unduly inconveniences a tenant in gaining access to, or using, the premises.","sortOrder":360},{"sectionNumber":"sch.4-sec.28","sectionType":"section","heading":"Nominated repairer for emergency repairs— s 216","content":"### sch.4-sec.28 Nominated repairer for emergency repairs— s 216\n\nThe lessor’s nominated repairer for emergency repairs of a particular type must be stated either—\nin item 17; or\nin a notice given by the lessor to the tenant.\nThe notice must state—\nthe name and telephone number of the nominated repairer; and\nwhether or not the nominated repairer is the tenant’s first point of contact for notifying of the need for emergency repairs.\nThe lessor must give notice to the tenant of any change of the lessor’s nominated repairer or the telephone number of the nominated repairer.\nThis clause does not apply if—\nthe lessor has given the tenant a telephone number of the lessor; and\nthe lessor gives notice to the tenant that the lessor is to arrange for emergency repairs to be made to the premises.\n(sch.4-sec.28-ssec.1) The lessor’s nominated repairer for emergency repairs of a particular type must be stated either— in item 17; or in a notice given by the lessor to the tenant.\n(sch.4-sec.28-ssec.2) The notice must state— the name and telephone number of the nominated repairer; and whether or not the nominated repairer is the tenant’s first point of contact for notifying of the need for emergency repairs.\n(sch.4-sec.28-ssec.3) The lessor must give notice to the tenant of any change of the lessor’s nominated repairer or the telephone number of the nominated repairer.\n(sch.4-sec.28-ssec.4) This clause does not apply if— the lessor has given the tenant a telephone number of the lessor; and the lessor gives notice to the tenant that the lessor is to arrange for emergency repairs to be made to the premises.\n- (a) in item 17; or\n- (b) in a notice given by the lessor to the tenant.\n- (a) the name and telephone number of the nominated repairer; and\n- (b) whether or not the nominated repairer is the tenant’s first point of contact for notifying of the need for emergency repairs.\n- (a) the lessor has given the tenant a telephone number of the lessor; and\n- (b) the lessor gives notice to the tenant that the lessor is to arrange for emergency repairs to be made to the premises.","sortOrder":361},{"sectionNumber":"sch.4-sec.29","sectionType":"section","heading":"Notice of damage— s 217","content":"### sch.4-sec.29 Notice of damage— s 217\n\nIf the tenant knows the premises have been damaged, the tenant must give notice as soon as practicable of the damage.\nIf the premises need routine repairs, the notice must be given to the lessor.\nIf the premises need emergency repairs, the notice must be given to the lessor if—\nthere is no nominated repairer for the repairs; or\na nominated repairer for the repairs is not the tenant’s first point of contact; or\na nominated repairer for the repairs is the tenant’s first point of contact but the tenant has been unable to contact the repairer after making reasonable efforts.\nIf the premises need emergency repairs and there is a nominated repairer of the lessor for the repairs, the notice must be given to the repairer if—\nthe repairer is the tenant’s first point of contact; or\nthe repairer is not the tenant’s first point of contact but the tenant has been unable to contact the lessor after making reasonable efforts.\nDespite clause 45, a notice under this clause does not need to be written.\nThis clause does not apply to the tenant for damage caused by an act of domestic violence experienced by the tenant.\n(sch.4-sec.29-ssec.1) If the tenant knows the premises have been damaged, the tenant must give notice as soon as practicable of the damage.\n(sch.4-sec.29-ssec.2) If the premises need routine repairs, the notice must be given to the lessor.\n(sch.4-sec.29-ssec.3) If the premises need emergency repairs, the notice must be given to the lessor if— there is no nominated repairer for the repairs; or a nominated repairer for the repairs is not the tenant’s first point of contact; or a nominated repairer for the repairs is the tenant’s first point of contact but the tenant has been unable to contact the repairer after making reasonable efforts.\n(sch.4-sec.29-ssec.4) If the premises need emergency repairs and there is a nominated repairer of the lessor for the repairs, the notice must be given to the repairer if— the repairer is the tenant’s first point of contact; or the repairer is not the tenant’s first point of contact but the tenant has been unable to contact the lessor after making reasonable efforts.\n(sch.4-sec.29-ssec.5) Despite clause 45, a notice under this clause does not need to be written.\n(sch.4-sec.29-ssec.6) This clause does not apply to the tenant for damage caused by an act of domestic violence experienced by the tenant.\n- (a) there is no nominated repairer for the repairs; or\n- (b) a nominated repairer for the repairs is not the tenant’s first point of contact; or\n- (c) a nominated repairer for the repairs is the tenant’s first point of contact but the tenant has been unable to contact the repairer after making reasonable efforts.\n- (a) the repairer is the tenant’s first point of contact; or\n- (b) the repairer is not the tenant’s first point of contact but the tenant has been unable to contact the lessor after making reasonable efforts.","sortOrder":362},{"sectionNumber":"sch.4-sec.30","sectionType":"section","heading":"Emergency repairs arranged by tenant— ss 218 and 219","content":"### sch.4-sec.30 Emergency repairs arranged by tenant— ss 218 and 219\n\nThe tenant may arrange for a suitably qualified person to make emergency repairs of the premises or apply to the tribunal under section 221 for orders about the repairs if—\nthe tenant has been unable to notify the lessor or nominated repairer of the need for the repairs; or\nthe repairs are not made within a reasonable time after notice is given.\nSection 219A also provides that the lessor’s agent may arrange for emergency repairs.\nThe 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.\nFor how the tenant may require reimbursement for the repairs, sections 219 (2) and (3) and 220 and the information statement.\n(sch.4-sec.30-ssec.1) The tenant may arrange for a suitably qualified person to make emergency repairs of the premises or apply to the tribunal under section 221 for orders about the repairs if— the tenant has been unable to notify the lessor or nominated repairer of the need for the repairs; or the repairs are not made within a reasonable time after notice is given. Section 219A also provides that the lessor’s agent may arrange for emergency repairs.\n(sch.4-sec.30-ssec.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. For how the tenant may require reimbursement for the repairs, sections 219 (2) and (3) and 220 and the information statement.\n- (a) the tenant has been unable to notify the lessor or nominated repairer of the need for the repairs; or\n- (b) the repairs are not made within a reasonable time after notice is given.","sortOrder":363},{"sectionNumber":"sch.4-sec.31","sectionType":"section","heading":"Keeping pets and other animals at premises— ss 184B and 184G","content":"### sch.4-sec.31 Keeping pets and other animals at premises— ss 184B and 184G\n\nThe tenant may keep a pet or other animal at the premises only with the approval of the lessor.\nHowever, the tenant may keep a working dog at the premises without the lessor’s approval.\nThe 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 18.\nIf item 18 states 2 cats, the tenant is approved by the lessor to keep up to 2 cats at the premises.\nFor additional approvals to keep a pet at the premises, see clause 33.\nAn authorisation to keep a 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—\nthe ending of this agreement, if the tenant continues occupying the premises under a new agreement;\na change in the lessor or lessor’s agent;\nfor a working dog—the retirement of the dog from the service the dog provided as a working dog.\nAn 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.\nThe premises may be subject to a local law that limits the number or types of animals that may be kept at the premises.\nThe 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.\n(sch.4-sec.31-ssec.1) The tenant may keep a pet or other animal at the premises only with the approval of the lessor.\n(sch.4-sec.31-ssec.2) However, the tenant may keep a working dog at the premises without the lessor’s approval.\n(sch.4-sec.31-ssec.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 18. If item 18 states 2 cats, the tenant is approved by the lessor to keep up to 2 cats at the premises. For additional approvals to keep a pet at the premises, see clause 33.\n(sch.4-sec.31-ssec.4) An authorisation to keep a 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— the ending of this agreement, if the tenant continues occupying the premises under a new agreement; a change in the lessor or lessor’s agent; for a working dog—the retirement of the dog from the service the dog provided as a working dog.\n(sch.4-sec.31-ssec.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. The premises may be subject to a local law that limits the number or types of animals that may be kept at the premises. The 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.\n- 1 If item 18 states 2 cats, the tenant is approved by the lessor to keep up to 2 cats at the premises.\n- 2 For additional approvals to keep a pet at the premises, see clause 33.\n- (a) the ending of this agreement, if the tenant continues occupying the premises under a new agreement;\n- (b) a change in the lessor or lessor’s agent;\n- (c) for a working dog—the retirement of the dog from the service the dog provided as a working dog.\n- 1 The premises may be subject to a local law that limits the number or types of animals that may be kept at the premises.\n- 2 The 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.","sortOrder":364},{"sectionNumber":"sch.4-sec.32","sectionType":"section","heading":"Tenant responsible for pets and other animals— s 184C","content":"### sch.4-sec.32 Tenant responsible for pets and other animals— s 184C\n\nThe 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.\nThe tenant is responsible for repairing any damage to the premises caused by the pet or other animal.\nDamage to the premises caused by the pet or other animal is not fair wear and tear.\n(sch.4-sec.32-ssec.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.\n(sch.4-sec.32-ssec.2) The tenant is responsible for repairing any damage to the premises caused by the pet or other animal.\n(sch.4-sec.32-ssec.3) Damage to the premises caused by the pet or other animal is not fair wear and tear.","sortOrder":365},{"sectionNumber":"sch.4-sec.33","sectionType":"section","heading":"Request for approval to keep pet— ss 184D and 184E","content":"### sch.4-sec.33 Request for approval to keep pet— ss 184D and 184E\n\nThe tenant may, using the approved form, request the lessor’s approval to keep a stated pet at the premises.\nThe lessor must respond to the tenant’s request within 14 days after receiving the request.\nThe lessor’s response to the request must be in writing and state—\nwhether the lessor approves or refuses the tenant’s request; and\nif the lessor approves the tenant’s request subject to conditions—the conditions of the approval; and\nSee clause 34 for limitations on conditions of approval to keep a pet at the premises.\nif the lessor refuses the tenant’s request—\nthe grounds for the refusal; and\nthe reasons the lessor believes the grounds for the refusal apply to the request.\nThe lessor may refuse the request for approval to keep a pet at the premises only on 1 or more of the following grounds—\nkeeping the pet would exceed a reasonable number of animals being kept at the premises;\nthe 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;\nkeeping the pet is likely to cause damage to the premises that could not practicably be repaired for a cost that is less than the amount of the rental bond for the premises;\nkeeping the pet would pose an unacceptable risk to the health and safety of a person, including, for example, because the pet is venomous;\nkeeping the pet would contravene a law;\nkeeping the pet would contravene a body corporate by-law applying to the premises;\nif the lessor proposed reasonable conditions for approval and the conditions comply with clause 34—the tenant has not agreed to the conditions;\nthe animal stated in the request is not a pet as defined in section 184A ;\nanother ground prescribed by a regulation under section 184E (1) (j) .\nThe lessor is taken to approve the keeping of the pet at the premises if—\nthe lessor does not comply with subclause (2); or\nthe lessor’s response does not comply with subclause (3).\n(sch.4-sec.33-ssec.1) The tenant may, using the approved form, request the lessor’s approval to keep a stated pet at the premises.\n(sch.4-sec.33-ssec.2) The lessor must respond to the tenant’s request within 14 days after receiving the request.\n(sch.4-sec.33-ssec.3) The lessor’s response to the request must be in writing and state— whether the lessor approves or refuses the tenant’s request; and if the lessor approves the tenant’s request subject to conditions—the conditions of the approval; and See clause 34 for limitations on conditions of approval to keep a pet at the premises. if the lessor refuses the tenant’s request— the grounds for the refusal; and the reasons the lessor believes the grounds for the refusal apply to the request.\n(sch.4-sec.33-ssec.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— keeping the pet would exceed a reasonable number of animals being kept at the premises; 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; keeping the pet is likely to cause damage to the premises that could not practicably be repaired for a cost that is less than the amount of the rental bond for the premises; keeping the pet would pose an unacceptable risk to the health and safety of a person, including, for example, because the pet is venomous; keeping the pet would contravene a law; keeping the pet would contravene a body corporate by-law applying to the premises; if the lessor proposed reasonable conditions for approval and the conditions comply with clause 34—the tenant has not agreed to the conditions; the animal stated in the request is not a pet as defined in section 184A ; another ground prescribed by a regulation under section 184E (1) (j) .\n(sch.4-sec.33-ssec.5) The lessor is taken to approve the keeping of the pet at the premises if— the lessor does not comply with subclause (2); or the lessor’s response does not comply with subclause (3).\n- (a) whether the lessor approves or refuses the tenant’s request; and\n- (b) if the lessor approves the tenant’s request subject to conditions—the conditions of the approval; and Note— See clause 34 for limitations on conditions of approval to keep a pet at the premises.\n- (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.\n- (i) the grounds for the refusal; and\n- (ii) the reasons the lessor believes the grounds for the refusal apply to the request.\n- (i) the grounds for the refusal; and\n- (ii) the reasons the lessor believes the grounds for the refusal apply to the request.\n- (a) keeping the pet would exceed a reasonable number of animals being kept at the premises;\n- (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;\n- (c) keeping the pet is likely to cause damage to the premises that could not practicably be repaired for a cost that is less than the amount of the rental bond for the premises;\n- (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;\n- (e) keeping the pet would contravene a law;\n- (f) keeping the pet would contravene a body corporate by-law applying to the premises;\n- (g) if the lessor proposed reasonable conditions for approval and the conditions comply with clause 34—the tenant has not agreed to the conditions;\n- (h) the animal stated in the request is not a pet as defined in section 184A ;\n- (i) another ground prescribed by a regulation under section 184E (1) (j) .\n- (a) the lessor does not comply with subclause (2); or\n- (b) the lessor’s response does not comply with subclause (3).","sortOrder":366},{"sectionNumber":"sch.4-sec.34","sectionType":"section","heading":"Conditions for approval to keep pet at premises— s 184F","content":"### sch.4-sec.34 Conditions for approval to keep pet at premises— s 184F\n\nThe lessor’s approval to keep a pet at the premises may be subject to conditions if the conditions—\nrelate only to keeping the pet at the premises; and\nare reasonable having regard to the type of pet and the nature of the premises; and\nare stated in the written approval given to the tenant under clause 33(3).\nWithout limiting subclause (1)(b), the following conditions of the lessor’s approval are taken to be reasonable—\nif the pet is not a type of pet ordinarily kept inside—a condition requiring the pet to be kept outside at the premises;\nif 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;\nif the pet is allowed inside the premises—a condition requiring carpets in the premises to be professionally cleaned at the end of the tenancy.\nA condition of the lessor’s approval to keep a pet at the premises is void if the condition—\nwould have the effect of the lessor contravening section 171 or 172 ; or\nwould, as a term of this agreement, be void under section 173 ; or\nwould increase the rent or rental bond payable by the tenant; or\nwould require any form of security from the tenant.\nFor subclause (2), the premises are professionally fumigated, and carpets are professionally cleaned, if the fumigation and cleaning are done to a standard ordinarily achieved by businesses selling those services.\n(sch.4-sec.34-ssec.1) The lessor’s approval to keep a pet at the premises may be subject to conditions if the conditions— relate only to keeping the pet at the premises; and are reasonable having regard to the type of pet and the nature of the premises; and are stated in the written approval given to the tenant under clause 33(3).\n(sch.4-sec.34-ssec.2) Without limiting subclause (1)(b), the following conditions of the lessor’s approval are taken to be reasonable— if the pet is not a type of pet ordinarily kept inside—a condition requiring the pet to be kept outside at the premises; 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; 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.\n(sch.4-sec.34-ssec.3) A condition of the lessor’s approval to keep a pet at the premises is void if the condition— would have the effect of the lessor contravening section 171 or 172 ; or would, as a term of this agreement, be void under section 173 ; or would increase the rent or rental bond payable by the tenant; or would require any form of security from the tenant.\n(sch.4-sec.34-ssec.4) For subclause (2), the premises are professionally fumigated, and carpets are professionally cleaned, if the fumigation and cleaning are done to a standard ordinarily achieved by businesses selling those services.\n- (a) relate only to keeping the pet at the premises; and\n- (b) are reasonable having regard to the type of pet and the nature of the premises; and\n- (c) are stated in the written approval given to the tenant under clause 33(3).\n- (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;\n- (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;\n- (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.\n- (a) would have the effect of the lessor contravening section 171 or 172 ; or\n- (b) would, as a term of this agreement, be void under section 173 ; or\n- (c) would increase the rent or rental bond payable by the tenant; or\n- (d) would require any form of security from the tenant.","sortOrder":367},{"sectionNumber":"sch.4-pt.2-div.7","sectionType":"division","heading":"Restrictions on transfer or subletting by tenant","content":"## Restrictions on transfer or subletting by tenant","sortOrder":368},{"sectionNumber":"sch.4-sec.35","sectionType":"section","heading":"Lessor’s agreement required— s 237","content":"### sch.4-sec.35 Lessor’s agreement required— s 237\n\nThe tenant may transfer the whole or a 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.","sortOrder":369},{"sectionNumber":"sch.4-sec.36","sectionType":"section","heading":"Expenses that lessor may claim— s 240","content":"### sch.4-sec.36 Expenses that lessor may claim— s 240\n\nThe lessor or lessor’s agent must not require the tenant to pay, or accept from the tenant, an amount for the lessor’s agreement to a transfer or subletting by the tenant, other than an amount for the reasonable expenses incurred by the lessor in agreeing to the transfer or subletting.","sortOrder":370},{"sectionNumber":"sch.4-pt.2-div.8","sectionType":"division","heading":"When agreement ends","content":"## When agreement ends","sortOrder":371},{"sectionNumber":"sch.4-sec.37","sectionType":"section","heading":"Ending of agreement— s 277","content":"### sch.4-sec.37 Ending of agreement— s 277\n\nThis agreement ends only if—\nthe lessor and tenant agree, in a separate written document, to end this agreement; or\nthe 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 stated in the notice; or\nthe 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 stated in the notice; or\nthe tenant vacates, or is removed from, the premises after receiving a notice from a mortgagee or appointed person under section 317 ; or\nthe tenant abandons the premises and the period for which the tenant paid rent has ended; or\nthe tribunal makes an order terminating this agreement.\nAlso, this agreement ends for a sole tenant if—\nthe tenant gives the lessor a notice ending tenancy interest and hands over vacant possession of the premises; or\nSee 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.\nthe tenant dies.\nSee section 324A for when this agreement ends if a sole tenant dies.\n(sch.4-sec.37-ssec.1) This agreement ends only if— the lessor and tenant agree, in a separate written document, to end this agreement; or 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 stated in the notice; or 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 stated in the notice; or the tenant vacates, or is removed from, the premises after receiving a notice from a mortgagee or appointed person under section 317 ; or the tenant abandons the premises and the period for which the tenant paid rent has ended; or the tribunal makes an order terminating this agreement.\n(sch.4-sec.37-ssec.2) Also, this agreement ends for a sole tenant if— the tenant gives the lessor a notice ending tenancy interest and hands over vacant possession of the premises; or 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. the tenant dies. See section 324A for when this agreement ends if a sole tenant dies.\n- (a) the lessor and tenant agree, in a separate written document, to end this agreement; or\n- (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 stated in the notice; or\n- (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 stated in the notice; or\n- (d) the tenant vacates, or is removed from, the premises after receiving a notice from a mortgagee or appointed person under section 317 ; or\n- (e) the tenant abandons the premises and the period for which the tenant paid rent has ended; or\n- (f) the tribunal makes an order terminating this agreement.\n- (a) the tenant gives the lessor a notice ending tenancy interest and hands over vacant possession of the premises; or Note— 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.\n- (b) the tenant dies. Note— See section 324A for when this agreement ends if a sole tenant dies.","sortOrder":372},{"sectionNumber":"sch.4-sec.38","sectionType":"section","heading":"Condition premises must be left in— s 188","content":"### sch.4-sec.38 Condition premises must be left in— s 188\n\nAt 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.\nwear that happens during normal use\nchanges that happen with ageing\nThe 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 caused by an act of domestic violence experienced by the tenant.\nIn this clause—\nstart of the tenancy , in relation to the premises, means the start of the tenancy under the former agreement.\n(sch.4-sec.38-ssec.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. wear that happens during normal use changes that happen with ageing\n(sch.4-sec.38-ssec.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 caused by an act of domestic violence experienced by the tenant.\n(sch.4-sec.38-ssec.3) In this clause— start of the tenancy , in relation to the premises, means the start of the tenancy under the former agreement.\n- • wear that happens during normal use\n- • changes that happen with ageing","sortOrder":373},{"sectionNumber":"sch.4-sec.39","sectionType":"section","heading":"Keys","content":"### sch.4-sec.39 Keys\n\nAt the end of the tenancy, the tenant must return to the lessor all keys for the premises.","sortOrder":374},{"sectionNumber":"sch.4-sec.40","sectionType":"section","heading":"Tenant’s forwarding address— s 205","content":"### sch.4-sec.40 Tenant’s forwarding address— s 205\n\nWhen handing over possession of the premises, the tenant must, if the lessor or lessor’s agent asks the tenant in writing to state the tenant’s new residential address, tell the lessor or lessor’s agent the tenant’s new residential address.\nHowever, subclause (1) does not apply if—\nthe tenant has a reasonable excuse for not telling the lessor or lessor’s agent the new address; or\nafter experiencing domestic violence, the tenant ended the tenant’s interest in this agreement, under chapter 5 , part 1 , division 3 , subdivision 2A of the Act .\n(sch.4-sec.40-ssec.1) When handing over possession of the premises, the tenant must, if the lessor or lessor’s agent asks the tenant in writing to state the tenant’s new residential address, tell the lessor or lessor’s agent the tenant’s new residential address.\n(sch.4-sec.40-ssec.2) However, subclause (1) does not apply if— the tenant has a reasonable excuse for not telling the lessor or lessor’s agent the new address; or after experiencing domestic violence, the tenant ended the tenant’s interest in this agreement, under chapter 5 , part 1 , division 3 , subdivision 2A of the Act .\n- (a) the tenant has a reasonable excuse for not telling the lessor or lessor’s agent the new address; or\n- (b) after experiencing domestic violence, the tenant ended the tenant’s interest in this agreement, under chapter 5 , part 1 , division 3 , subdivision 2A of the Act .","sortOrder":375},{"sectionNumber":"sch.4-sec.41","sectionType":"section","heading":"Exit condition report— s 66","content":"### sch.4-sec.41 Exit condition report— s 66\n\nThe tenant must, on or before the day this agreement ends, prepare and sign a condition report for the premises in the approved form.\nFor the approved form for the condition report, see the information statement.\nAs soon as practicable after this agreement ends, the tenant must give 1 copy of the condition report to the lessor or lessor’s agent.\nwhen the tenant returns the keys for the premises to the lessor or lessor’s agent\nThe lessor or lessor’s agent must, within 3 business days after receiving the copy of the condition report—\nsign the copy; and\nif the lessor or lessor’s agent does not agree with the report—show the parts of the report the lessor or lessor’s agent disagrees with by marking the copy in an appropriate way; and\nif the tenant has given a forwarding address to the lessor or lessor’s agent—make a copy of the report and return it to the tenant at the address.\nThe lessor or lessor’s agent must keep a copy of the condition report signed by both parties for at least 1 year after this agreement ends.\n(sch.4-sec.41-ssec.1) The tenant must, on or before the day this agreement ends, prepare and sign a condition report for the premises in the approved form. For the approved form for the condition report, see the information statement.\n(sch.4-sec.41-ssec.2) As soon as practicable after this agreement ends, the tenant must give 1 copy of the condition report to the lessor or lessor’s agent. when the tenant returns the keys for the premises to the lessor or lessor’s agent\n(sch.4-sec.41-ssec.3) The lessor or lessor’s agent must, within 3 business days after receiving the copy of the condition report— sign the copy; and if the lessor or lessor’s agent does not agree with the report—show the parts of the report the lessor or lessor’s agent disagrees with by marking the copy in an appropriate way; and if the tenant has given a forwarding address to the lessor or lessor’s agent—make a copy of the report and return it to the tenant at the address.\n(sch.4-sec.41-ssec.4) The lessor or lessor’s agent must keep a copy of the condition report signed by both parties for at least 1 year after this agreement ends.\n- (a) sign the copy; and\n- (b) if the lessor or lessor’s agent does not agree with the report—show the parts of the report the lessor or lessor’s agent disagrees with by marking the copy in an appropriate way; and\n- (c) if the tenant has given a forwarding address to the lessor or lessor’s agent—make a copy of the report and return it to the tenant at the address.","sortOrder":376},{"sectionNumber":"sch.4-sec.42","sectionType":"section","heading":"Goods or documents left behind on premises— ss 363 and 364","content":"### sch.4-sec.42 Goods or documents left behind on premises— ss 363 and 364\n\nThe tenant must take all of the tenant’s belongings from the premises at the end of the tenancy.\nThe lessor may not treat belongings left behind as the lessor’s own property but must deal with them under sections 363 and 364 .\n(sch.4-sec.42-ssec.1) The tenant must take all of the tenant’s belongings from the premises at the end of the tenancy.\n(sch.4-sec.42-ssec.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 .","sortOrder":377},{"sectionNumber":"sch.4-pt.2-div.9","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":378},{"sectionNumber":"sch.4-sec.43","sectionType":"section","heading":"Supply of goods and services— s 171","content":"### sch.4-sec.43 Supply of goods and services— s 171\n\nThe lessor or lessor’s agent must not require the tenant to buy goods or services from the lessor, the lessor’s agent or a person nominated by the lessor or lessor’s agent.\nSubclause (1) does not apply to—\na requirement about a service charge; or\na condition of an approval to keep a pet if the condition—\nrequires the carpets to be cleaned, or the premises to be fumigated, at the end of the tenancy; and\ncomplies with clause 34; and\ndoes not require the tenant to buy cleaning or fumigation services from a particular person or business.\n(sch.4-sec.43-ssec.1) The lessor or lessor’s agent must not require the tenant to buy goods or services from the lessor, the lessor’s agent or a person nominated by the lessor or lessor’s agent.\n(sch.4-sec.43-ssec.2) Subclause (1) does not apply to— a requirement about a service charge; or a condition of an approval to keep a pet if the condition— requires the carpets to be cleaned, or the premises to be fumigated, at the end of the tenancy; and complies with clause 34; and does not require the tenant to buy cleaning or fumigation services from a particular person or business.\n- (a) a requirement about a service charge; or\n- (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 34; and (iii) does not require the tenant to buy cleaning or fumigation services from a particular person or business.\n- (i) requires the carpets to be cleaned, or the premises to be fumigated, at the end of the tenancy; and\n- (ii) complies with clause 34; and\n- (iii) does not require the tenant to buy cleaning or fumigation services from a particular person or business.\n- (i) requires the carpets to be cleaned, or the premises to be fumigated, at the end of the tenancy; and\n- (ii) complies with clause 34; and\n- (iii) does not require the tenant to buy cleaning or fumigation services from a particular person or business.","sortOrder":379},{"sectionNumber":"sch.4-sec.44","sectionType":"section","heading":"Lessor’s agent— s 206","content":"### sch.4-sec.44 Lessor’s agent— s 206\n\nThe name and address for service of the lessor’s agent is stated in item 3.\nThe lessor’s agent may—\nstand in the lessor’s place in any application to the tribunal by the lessor or tenant; or\ndo any thing else the lessor may do, or is required to do, under this agreement.\nSee also sections 24 and 25 .\n(sch.4-sec.44-ssec.1) The name and address for service of the lessor’s agent is stated in item 3.\n(sch.4-sec.44-ssec.2) The lessor’s agent may— stand in the lessor’s place in any application to the tribunal by the lessor or tenant; or do any thing else the lessor may do, or is required to do, under this agreement.\n- (a) stand in the lessor’s place in any application to the tribunal by the lessor or tenant; or\n- (b) do any thing else the lessor may do, or is required to do, under this agreement.","sortOrder":380},{"sectionNumber":"sch.4-sec.45","sectionType":"section","heading":"Notices","content":"### sch.4-sec.45 Notices\n\nA notice under this agreement must be written and, if there is an approved form for the notice, in the approved form.\nA notice from the tenant to the lessor may be given to the lessor’s agent.\nA notice may be given to a relevant party—\nby giving it to the relevant party personally; or\nif an address for service for the relevant party is stated in item 1, 2 or 3—by leaving it at the address or sending it by prepaid post as a letter to the address; or\nif an electronic address for a type of electronic communication for the relevant party is stated in item 1, 2 or 3 and item 4 indicates that a notice may be given by that type of electronic communication—by sending it by electronic communication to the electronic address in accordance with the Electronic Transactions (Queensland) Act 2001 .\nemail, facsimile, text message\nIf no address for service is stated in item 2 for the tenant, the tenant’s address for service is taken to be the address of the premises.\nA relevant party may change their address for service or electronic address only by giving notice to each other relevant party of their new address for service or a new electronic address.\nOn the giving of a notice of a new address for service or new electronic address for a relevant party, the address for service or electronic address stated in the notice is taken to be the relevant party’s address for the relevant item in this agreement.\nA relevant party may withdraw their consent to notices being given to them by electronic communication, or to a specific electronic address, only by giving notice to each other relevant party that notices are no longer to be given to the relevant party electronically, or to that electronic address.\nUnless the contrary is proved—\na notice left at an address for service is taken to have been received by the person to whom the address relates when the notice was left at the address; and\na 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\na notice sent by electronic communication to an electronic address is taken to have been received by the recipient—\nif the type of electronic communication is email— when the email enters the recipient’s email server; or\nif the type of electronic communication is facsimile—when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; or\notherwise—at the time stated in the Electronic Transactions (Queensland) Act 2001 , section 24 .\nIn this clause—\nrelevant party means—\nthe lessor; or\nthe tenant; or\nif there is an agent of the lessor—the lessor’s agent.\n(sch.4-sec.45-ssec.1) A notice under this agreement must be written and, if there is an approved form for the notice, in the approved form.\n(sch.4-sec.45-ssec.2) A notice from the tenant to the lessor may be given to the lessor’s agent.\n(sch.4-sec.45-ssec.3) A notice may be given to a relevant party— by giving it to the relevant party personally; or if an address for service for the relevant party is stated in item 1, 2 or 3—by leaving it at the address or sending it by prepaid post as a letter to the address; or if an electronic address for a type of electronic communication for the relevant party is stated in item 1, 2 or 3 and item 4 indicates that a notice may be given by that type of electronic communication—by sending it by electronic communication to the electronic address in accordance with the Electronic Transactions (Queensland) Act 2001 . email, facsimile, text message\n(sch.4-sec.45-ssec.4) If no address for service is stated in item 2 for the tenant, the tenant’s address for service is taken to be the address of the premises.\n(sch.4-sec.45-ssec.5) A relevant party may change their address for service or electronic address only by giving notice to each other relevant party of their new address for service or a new electronic address.\n(sch.4-sec.45-ssec.6) On the giving of a notice of a new address for service or new electronic address for a relevant party, the address for service or electronic address stated in the notice is taken to be the relevant party’s address for the relevant item in this agreement.\n(sch.4-sec.45-ssec.7) A relevant party may withdraw their consent to notices being given to them by electronic communication, or to a specific electronic address, only by giving notice to each other relevant party that notices are no longer to be given to the relevant party electronically, or to that electronic address.\n(sch.4-sec.45-ssec.8) Unless the contrary is proved— a notice left at an address for service is taken to have been received by the person to whom the address relates when the notice was left at the address; and 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 a notice sent by electronic communication to an electronic address is taken to have been received by the recipient— if the type of electronic communication is email— when the email enters the recipient’s email server; or if the type of electronic communication is facsimile—when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; or otherwise—at the time stated in the Electronic Transactions (Queensland) Act 2001 , section 24 .\n(sch.4-sec.45-ssec.9) In this clause— relevant party means— the lessor; or the tenant; or if there is an agent of the lessor—the lessor’s agent.\n- (a) by giving it to the relevant party personally; or\n- (b) if an address for service for the relevant party is stated in item 1, 2 or 3—by leaving it at the address or sending it by prepaid post as a letter to the address; or\n- (c) if an electronic address for a type of electronic communication for the relevant party is stated in item 1, 2 or 3 and item 4 indicates that a notice may be given by that type of electronic communication—by sending it by electronic communication to the electronic address in accordance with the Electronic Transactions (Queensland) Act 2001 . Examples of types of electronic communication— email, facsimile, text message\n- (a) a notice left at an address for service is taken to have been received by the person to whom the address relates when the notice was left at the address; and\n- (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\n- (c) a notice sent by electronic communication to an electronic address is taken to have been received by the recipient— (i) if the type of electronic communication is email— when the email enters the recipient’s email server; or (ii) if the type of electronic communication is facsimile—when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; or (iii) otherwise—at the time stated in the Electronic Transactions (Queensland) Act 2001 , section 24 .\n- (i) if the type of electronic communication is email— when the email enters the recipient’s email server; or\n- (ii) if the type of electronic communication is facsimile—when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; or\n- (iii) otherwise—at the time stated in the Electronic Transactions (Queensland) Act 2001 , section 24 .\n- (i) if the type of electronic communication is email— when the email enters the recipient’s email server; or\n- (ii) if the type of electronic communication is facsimile—when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; or\n- (iii) otherwise—at the time stated in the Electronic Transactions (Queensland) Act 2001 , section 24 .\n- (a) the lessor; or\n- (b) the tenant; or\n- (c) if there is an agent of the lessor—the lessor’s agent.","sortOrder":381},{"sectionNumber":"sch.4-sec.46","sectionType":"section","heading":"Eligibility","content":"### sch.4-sec.46 Eligibility\n\nThe housing service information given by the tenant for a decision by the lessor to provide a housing service (including the type of housing service and the terms on which it is to be provided) must not be false or misleading in a material particular.\nThe tenant must give the lessor notice of any change in the housing service information, within 28 days after the change, unless the tenant has a reasonable excuse.\nThe tenant must not allow the premises to be used as a place of residence by anyone other than the tenant, the tenant’s family or other persons approved by the lessor.\nSee also clause 35 about restrictions on subletting the premises.\nIf the premises are a reviewable property stated in item 19—\nthe social housing eligibility criteria for reviewable properties under the tenancies in reviewable properties policy apply in relation to the premises; and\nthe lessor must regularly review the tenant’s circumstances to determine continued eligibility for the reviewable property under the policy.\nIf the tenant ceases to be eligible to continue to occupy the reviewable property, the tenant may be asked to move to alternative premises in accordance with the Allocations Policy for Funded Social Housing Providers.\nIf the tenant refuses the offer of alternative premises, the lessor may issue the tenant with a notice to leave for ending of housing assistance.\nSee section 290 about giving notice to leave if a tenant’s entitlement under an affordable housing scheme ends.\nIn this clause—\nAllocations Policy for Funded Social Housing Providers see the Housing Regulation 2015 , section 14 (3) .\nhousing service information means—\ninformation about the identity and income of any person residing in the premises during the tenancy period (being the period while the premises are occupied under this agreement, including any renewal or extension of the agreement), including information about a person who—\nceases to be an occupant; or\nbecomes an occupant; or\ninformation about the number of persons occupying the premises at a time during the tenancy period.\ntenancies in reviewable properties policy means the document called ‘Tenancies in reviewable properties policy’, published on the department’s website.\n(sch.4-sec.46-ssec.1) The housing service information given by the tenant for a decision by the lessor to provide a housing service (including the type of housing service and the terms on which it is to be provided) must not be false or misleading in a material particular.\n(sch.4-sec.46-ssec.2) The tenant must give the lessor notice of any change in the housing service information, within 28 days after the change, unless the tenant has a reasonable excuse.\n(sch.4-sec.46-ssec.3) The tenant must not allow the premises to be used as a place of residence by anyone other than the tenant, the tenant’s family or other persons approved by the lessor. See also clause 35 about restrictions on subletting the premises.\n(sch.4-sec.46-ssec.4) If the premises are a reviewable property stated in item 19— the social housing eligibility criteria for reviewable properties under the tenancies in reviewable properties policy apply in relation to the premises; and the lessor must regularly review the tenant’s circumstances to determine continued eligibility for the reviewable property under the policy.\n(sch.4-sec.46-ssec.5) If the tenant ceases to be eligible to continue to occupy the reviewable property, the tenant may be asked to move to alternative premises in accordance with the Allocations Policy for Funded Social Housing Providers.\n(sch.4-sec.46-ssec.6) If the tenant refuses the offer of alternative premises, the lessor may issue the tenant with a notice to leave for ending of housing assistance. See section 290 about giving notice to leave if a tenant’s entitlement under an affordable housing scheme ends.\n(sch.4-sec.46-ssec.7) In this clause— Allocations Policy for Funded Social Housing Providers see the Housing Regulation 2015 , section 14 (3) . housing service information means— information about the identity and income of any person residing in the premises during the tenancy period (being the period while the premises are occupied under this agreement, including any renewal or extension of the agreement), including information about a person who— ceases to be an occupant; or becomes an occupant; or information about the number of persons occupying the premises at a time during the tenancy period. tenancies in reviewable properties policy means the document called ‘Tenancies in reviewable properties policy’, published on the department’s website.\n- (a) the social housing eligibility criteria for reviewable properties under the tenancies in reviewable properties policy apply in relation to the premises; and\n- (b) the lessor must regularly review the tenant’s circumstances to determine continued eligibility for the reviewable property under the policy.\n- (a) information about the identity and income of any person residing in the premises during the tenancy period (being the period while the premises are occupied under this agreement, including any renewal or extension of the agreement), including information about a person who— (i) ceases to be an occupant; or (ii) becomes an occupant; or\n- (i) ceases to be an occupant; or\n- (ii) becomes an occupant; or\n- (b) information about the number of persons occupying the premises at a time during the tenancy period.\n- (i) ceases to be an occupant; or\n- (ii) becomes an occupant; or","sortOrder":382},{"sectionNumber":"sch.4-sec.47","sectionType":"section","heading":"Determination of rent","content":"### sch.4-sec.47 Determination of rent\n\nThis clause applies if, during or after the term of this agreement, the lessor decides to recalculate the amount of rent payable by the tenant because—\nthe housing service information given by the tenant was false or misleading in a material particular; or\nthe housing service information given by the tenant changed.\nThe lessor may give a notice to the tenant stating—\nthe ground for the notice under subclause (1); and\nthe amount of rent payable at the date of the notice; and\nthe total amount owed by the tenant from the date when the correct housing service information applied to the premises to the date of the notice.\nThe amount of rent owed under this clause is a debt owing to the lessor that is payable within 7 days of demand by the lessor.\nIn this clause—\nhousing service information means—\ninformation about the identity and income of any person residing in the premises during the tenancy period (being the period while the premises are occupied under this agreement, including any renewal or extension of the agreement), including information about a person who—\nceases to be an occupant; or\nbecomes an occupant; or\ninformation about the number of persons occupying the premises at a time during the tenancy period.\n(sch.4-sec.47-ssec.1) This clause applies if, during or after the term of this agreement, the lessor decides to recalculate the amount of rent payable by the tenant because— the housing service information given by the tenant was false or misleading in a material particular; or the housing service information given by the tenant changed.\n(sch.4-sec.47-ssec.2) The lessor may give a notice to the tenant stating— the ground for the notice under subclause (1); and the amount of rent payable at the date of the notice; and the total amount owed by the tenant from the date when the correct housing service information applied to the premises to the date of the notice.\n(sch.4-sec.47-ssec.3) The amount of rent owed under this clause is a debt owing to the lessor that is payable within 7 days of demand by the lessor.\n(sch.4-sec.47-ssec.4) In this clause— housing service information means— information about the identity and income of any person residing in the premises during the tenancy period (being the period while the premises are occupied under this agreement, including any renewal or extension of the agreement), including information about a person who— ceases to be an occupant; or becomes an occupant; or information about the number of persons occupying the premises at a time during the tenancy period.\n- (a) the housing service information given by the tenant was false or misleading in a material particular; or\n- (b) the housing service information given by the tenant changed.\n- (a) the ground for the notice under subclause (1); and\n- (b) the amount of rent payable at the date of the notice; and\n- (c) the total amount owed by the tenant from the date when the correct housing service information applied to the premises to the date of the notice.\n- (a) information about the identity and income of any person residing in the premises during the tenancy period (being the period while the premises are occupied under this agreement, including any renewal or extension of the agreement), including information about a person who— (i) ceases to be an occupant; or (ii) becomes an occupant; or\n- (i) ceases to be an occupant; or\n- (ii) becomes an occupant; or\n- (b) information about the number of persons occupying the premises at a time during the tenancy period.\n- (i) ceases to be an occupant; or\n- (ii) becomes an occupant; or","sortOrder":383},{"sectionNumber":"sch.4-sec.48","sectionType":"section","heading":"Prior housing assistance","content":"### sch.4-sec.48 Prior housing assistance\n\nThis clause applies if the State and tenant entered into a repayment agreement under a former agreement.\nIf the tenant does not pay an instalment to the State under the terms of the repayment agreement, the lessor may give a notice to leave for ending of housing assistance.\nSee section 290 about giving notice to leave if a tenant’s entitlement under an affordable housing scheme ends.\nIn this clause—\nrepayment agreement , in relation to a former agreement, means a written agreement entered into by the tenant and the State under the former agreement as a result of noncompliance with an agreement for housing assistance.\n(sch.4-sec.48-ssec.1) This clause applies if the State and tenant entered into a repayment agreement under a former agreement.\n(sch.4-sec.48-ssec.2) If the tenant does not pay an instalment to the State under the terms of the repayment agreement, the lessor may give a notice to leave for ending of housing assistance. See section 290 about giving notice to leave if a tenant’s entitlement under an affordable housing scheme ends.\n(sch.4-sec.48-ssec.3) In this clause— repayment agreement , in relation to a former agreement, means a written agreement entered into by the tenant and the State under the former agreement as a result of noncompliance with an agreement for housing assistance.","sortOrder":384},{"sectionNumber":"sch.4-sec.49","sectionType":"section","heading":"Swimming pools","content":"### sch.4-sec.49 Swimming pools\n\nSubject to clause 23, the tenant must not install or place upon the premises any type of swimming pool, other than a portable wading pool, unless the lessor agrees in writing.\nTo avoid any doubt, it is declared that clause 23 applies to the agreement about the swimming pool, whether or not the pool is a fixture or a structural change to the premises.\nThe tenant must at the tenant’s own expense comply with the requirements of any law for the installation, operation, maintenance or use of the swimming pool and the fencing around the swimming pool.\nIn this clause—\nportable wading pool see the Building Act 1975 , schedule 2 .\n(sch.4-sec.49-ssec.1) Subject to clause 23, the tenant must not install or place upon the premises any type of swimming pool, other than a portable wading pool, unless the lessor agrees in writing.\n(sch.4-sec.49-ssec.2) To avoid any doubt, it is declared that clause 23 applies to the agreement about the swimming pool, whether or not the pool is a fixture or a structural change to the premises.\n(sch.4-sec.49-ssec.3) The tenant must at the tenant’s own expense comply with the requirements of any law for the installation, operation, maintenance or use of the swimming pool and the fencing around the swimming pool.\n(sch.4-sec.49-ssec.4) In this clause— portable wading pool see the Building Act 1975 , schedule 2 .","sortOrder":385},{"sectionNumber":"sch.4-sec.50","sectionType":"section","heading":"Tenant obligations for smoke alarms","content":"### sch.4-sec.50 Tenant obligations for smoke alarms\n\nThis clause applies to any smoke alarm installed in the premises.\nThe tenant must at the tenant’s cost—\nensure the smoke alarm is cleaned and tested in the premises at least once every year; and\nreplace the batteries in the smoke alarm in accordance with the information statement given to the tenant by the lessor; and\nif the tenant becomes aware that the smoke alarm in the premises has failed or is about to fail other than because the battery is spent or almost spent—advise the lessor as soon as practicable; and\nensure that electricity supply is connected and remains connected to the premises at all times during the tenancy or any other holding over period; and\nnot do anything or fail to do anything which would reduce the effectiveness of the smoke alarm.\nA breach of any obligations of the tenant under this clause may also be an offence under the Fire Services Act 1990 .\n(sch.4-sec.50-ssec.1) This clause applies to any smoke alarm installed in the premises.\n(sch.4-sec.50-ssec.2) The tenant must at the tenant’s cost— ensure the smoke alarm is cleaned and tested in the premises at least once every year; and replace the batteries in the smoke alarm in accordance with the information statement given to the tenant by the lessor; and if the tenant becomes aware that the smoke alarm in the premises has failed or is about to fail other than because the battery is spent or almost spent—advise the lessor as soon as practicable; and ensure that electricity supply is connected and remains connected to the premises at all times during the tenancy or any other holding over period; and not do anything or fail to do anything which would reduce the effectiveness of the smoke alarm. A breach of any obligations of the tenant under this clause may also be an offence under the Fire Services Act 1990 .\n- (a) ensure the smoke alarm is cleaned and tested in the premises at least once every year; and\n- (b) replace the batteries in the smoke alarm in accordance with the information statement given to the tenant by the lessor; and\n- (c) if the tenant becomes aware that the smoke alarm in the premises has failed or is about to fail other than because the battery is spent or almost spent—advise the lessor as soon as practicable; and\n- (d) ensure that electricity supply is connected and remains connected to the premises at all times during the tenancy or any other holding over period; and\n- (e) not do anything or fail to do anything which would reduce the effectiveness of the smoke alarm.","sortOrder":386},{"sectionNumber":"sch.5-pt.1","sectionType":"part","heading":"Rooming accommodation information","content":"# Rooming accommodation information","sortOrder":387},{"sectionNumber":"sch.5-sec","sectionType":"section","heading":null,"content":"### Section sch.5-sec\n\nItem","sortOrder":388},{"sectionNumber":"sch.5-sec.1","sectionType":"section","heading":"Provider","content":"### sch.5-sec.1 Provider\n\nProvider’s name and address for service.\nAny other contact details for the provider.\nItem 1.2 is optional.\n(sch.5-sec.1-ssec.1.1) Provider’s name and address for service.\n(sch.5-sec.1-ssec.1.2) Any other contact details for the provider. Item 1.2 is optional.","sortOrder":389},{"sectionNumber":"sch.5-sec.2","sectionType":"section","heading":"Resident","content":"### sch.5-sec.2 Resident\n\nResident’s name and contact details.\nAn address for service (other than the address of the rental premises) or other contact details for service.\nItem 2.2 is optional. See clause 36(4).\nThe name, telephone number and email address of a person who is an emergency contact for the resident.\n(sch.5-sec.2-ssec.2.1) Resident’s name and contact details.\n(sch.5-sec.2-ssec.2.2) An address for service (other than the address of the rental premises) or other contact details for service. Item 2.2 is optional. See clause 36(4).\n(sch.5-sec.2-ssec.2.3) The name, telephone number and email address of a person who is an emergency contact for the resident.","sortOrder":390},{"sectionNumber":"sch.5-sec.3","sectionType":"section","heading":"Provider’s agent","content":"### sch.5-sec.3 Provider’s agent\n\nIf the provider has an agent, the agent’s name and address for service.\nAny other contact details for the provider’s agent.\nItem 3.2 is optional. See clause 35.\n(sch.5-sec.3-ssec.3.1) If the provider has an agent, the agent’s name and address for service.\n(sch.5-sec.3-ssec.3.2) Any other contact details for the provider’s agent. Item 3.2 is optional. See clause 35.","sortOrder":391},{"sectionNumber":"sch.5-sec.4","sectionType":"section","heading":"Persons appointed for resident","content":"### sch.5-sec.4 Persons appointed for resident\n\nIf a person is acting for the resident under section 525 (1) (c) , the person’s name and address for service.\nAny other contact details for the person acting for the resident.\nItem 4.2 is optional.\n(sch.5-sec.4-ssec.4.1) If a person is acting for the resident under section 525 (1) (c) , the person’s name and address for service.\n(sch.5-sec.4-ssec.4.2) Any other contact details for the person acting for the resident. Item 4.2 is optional.","sortOrder":392},{"sectionNumber":"sch.5-sec.5","sectionType":"section","heading":"Service of notices","content":"### sch.5-sec.5 Service of notices\n\nWhether a notice may be given to the provider by electronic communication.\nWhether a notice may be given to the resident by electronic communication.\nWhether a notice may be given to the provider’s agent by electronic communication.\nIf a person is acting for the resident under section 525 (1) (c) —whether a notice may be given to the person by electronic communication.\n(sch.5-sec.5-ssec.5.1) Whether a notice may be given to the provider by electronic communication.\n(sch.5-sec.5-ssec.5.2) Whether a notice may be given to the resident by electronic communication.\n(sch.5-sec.5-ssec.5.3) Whether a notice may be given to the provider’s agent by electronic communication.\n(sch.5-sec.5-ssec.5.4) If a person is acting for the resident under section 525 (1) (c) —whether a notice may be given to the person by electronic communication.","sortOrder":393},{"sectionNumber":"sch.5-sec.6","sectionType":"section","heading":"Rental premises","content":"### sch.5-sec.6 Rental premises\n\nThe room number and address of the rental premises.\nAny inclusions for the rental premises.\nfurniture or other household goods let with the rental premises\n(sch.5-sec.6-ssec.6.1) The room number and address of the rental premises.\n(sch.5-sec.6-ssec.6.2) Any inclusions for the rental premises. furniture or other household goods let with the rental premises","sortOrder":394},{"sectionNumber":"sch.5-sec.7","sectionType":"section","heading":"Term of agreement","content":"### sch.5-sec.7 Term of agreement\n\nWhether the agreement is a fixed term agreement or periodic agreement.\nThe day the agreement starts.\nIf the agreement is a fixed term agreement, the day the agreement finishes.\n(sch.5-sec.7-ssec.7.1) Whether the agreement is a fixed term agreement or periodic agreement.\n(sch.5-sec.7-ssec.7.2) The day the agreement starts.\n(sch.5-sec.7-ssec.7.3) If the agreement is a fixed term agreement, the day the agreement finishes.","sortOrder":395},{"sectionNumber":"sch.5-sec.8","sectionType":"section","heading":"Rent—amount","content":"### sch.5-sec.8 Rent—amount\n\nThe amount of rent payable and whether it must be paid weekly, fortnightly or monthly.\nSee clause 7(1).","sortOrder":396},{"sectionNumber":"sch.5-sec.9","sectionType":"section","heading":"Rent—break down","content":"### sch.5-sec.9 Rent—break down\n\nA break down of the components of the rent attributable to accommodation, a food service, a personal care service or another service.","sortOrder":397},{"sectionNumber":"sch.5-sec.10","sectionType":"section","heading":"Rent—day of payment","content":"### sch.5-sec.10 Rent—day of payment\n\nThe day of each week, fortnight or month on which the rent must be paid.\nSee clause 7(2).","sortOrder":398},{"sectionNumber":"sch.5-sec.11","sectionType":"section","heading":"Rent—methods of payment","content":"### sch.5-sec.11 Rent—methods of payment\n\nThe ways for the resident to pay the rent.\nUnder section 98 , there must be at least 2 ways. See also clause 7(3)(a).","sortOrder":399},{"sectionNumber":"sch.5-sec.12","sectionType":"section","heading":"Rent—place of payment","content":"### sch.5-sec.12 Rent—place of payment\n\nWhere the rent must be paid.\nItem 12 is optional. See clause 7(6) to (8).","sortOrder":400},{"sectionNumber":"sch.5-sec.13","sectionType":"section","heading":"Rent—increases","content":"### sch.5-sec.13 Rent—increases\n\nWhether the rent can be increased.\nThe day the rent was last increased for the resident’s room.\nThe amount of the rent increase or how the rent increase will be worked out.\nWhen the rent increase will start.\nSee clause 9.\n(sch.5-sec.13-ssec.13.1) Whether the rent can be increased.\n(sch.5-sec.13-ssec.13.2) The day the rent was last increased for the resident’s room.\n(sch.5-sec.13-ssec.13.3) The amount of the rent increase or how the rent increase will be worked out.\n(sch.5-sec.13-ssec.13.4) When the rent increase will start. See clause 9.","sortOrder":401},{"sectionNumber":"sch.5-sec.14","sectionType":"section","heading":"Rental bond","content":"### sch.5-sec.14 Rental bond\n\nThe amount of any rental bond.\nSee clause 13.","sortOrder":402},{"sectionNumber":"sch.5-sec.15","sectionType":"section","heading":"Services to be provided by the provider","content":"### sch.5-sec.15 Services to be provided by the provider\n\nAny services that are to be provided by the provider.","sortOrder":403},{"sectionNumber":"sch.5-sec.16","sectionType":"section","heading":"Utility services","content":"### sch.5-sec.16 Utility services\n\nAny utility services for which the resident must pay.\nelectricity, gas and water\nSee clause 15.","sortOrder":404},{"sectionNumber":"sch.5-sec.17","sectionType":"section","heading":"House rules","content":"### sch.5-sec.17 House rules\n\nWhether the resident has been given a copy of the house rules.\nSee clause 18.","sortOrder":405},{"sectionNumber":"sch.5-sec.18","sectionType":"section","heading":"Number of occupants","content":"### sch.5-sec.18 Number of occupants\n\nThe number of persons allowed to reside in the resident’s room.\nThe number of persons allowed to reside at the rental premises.\nSee clause 19.\n(sch.5-sec.18-ssec.18.1) The number of persons allowed to reside in the resident’s room.\n(sch.5-sec.18-ssec.18.2) The number of persons allowed to reside at the rental premises. See clause 19.","sortOrder":406},{"sectionNumber":"sch.5-sec.19","sectionType":"section","heading":"Body corporate by-laws","content":"### sch.5-sec.19 Body corporate by-laws\n\nWhether body corporate by-laws apply to the resident’s occupation of the rental premises.\nWhether the resident has been given a copy of the relevant by-laws.\nSee clause 25.\n(sch.5-sec.19-ssec.19.1) Whether body corporate by-laws apply to the resident’s occupation of the rental premises.\n(sch.5-sec.19-ssec.19.2) Whether the resident has been given a copy of the relevant by-laws. See clause 25.","sortOrder":407},{"sectionNumber":"sch.5-sec.20","sectionType":"section","heading":"Pets","content":"### sch.5-sec.20 Pets\n\nThe type and number of any pets approved by the provider to be kept in the resident’s room.\nSee clauses 26 to 29.","sortOrder":408},{"sectionNumber":"sch.5-pt.2","sectionType":"part","heading":"Standard terms","content":"# Standard terms","sortOrder":409},{"sectionNumber":"sch.5-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":410},{"sectionNumber":"sch.5-sec.1-oc.2","sectionType":"section","heading":"Interpretation","content":"### sch.5-sec.1-oc.2 Interpretation\n\nIn this agreement—\na reference to the rental premises includes a reference to any inclusions for the rental premises stated in item 6.2; and\na reference to a numbered section is a reference to the section in the Residential Tenancies and Rooming Accommodation Act 2008 ( the Act ) with that number; and\na reference to a numbered item is a reference to the item with that number in part 1 of this agreement; and\na reference to a numbered clause is a reference to the clause of this agreement with that number.\n- (a) a reference to the rental premises includes a reference to any inclusions for the rental premises stated in item 6.2; and\n- (b) a reference to a numbered section is a reference to the section in the Residential Tenancies and Rooming Accommodation Act 2008 ( the Act ) with that number; and\n- (c) a reference to a numbered item is a reference to the item with that number in part 1 of this agreement; and\n- (d) a reference to a numbered clause is a reference to the clause of this agreement with that number.","sortOrder":411},{"sectionNumber":"sch.5-sec.2-oc.2","sectionType":"section","heading":"Terms of rooming accommodation agreement— ss 72 – 74","content":"### sch.5-sec.2-oc.2 Terms of rooming accommodation agreement— ss 72 – 74\n\nThis part states, under section 73 , the standard terms of a rooming accommodation agreement.\nThe Act also imposes duties on, and gives entitlements to, the provider and resident that are taken to be included as terms of this agreement.\nThe house rules for the rental premises are taken to be included as terms of this agreement.\nThe provider and resident may agree on other terms of this agreement ( special terms ).\nA duty or entitlement under the Act overrides a standard term or special term if the term is inconsistent with the duty or entitlement.\nA standard term overrides a special term if they are inconsistent.\nAny body corporate by-laws that apply to the occupation of the rental premises by the resident, for the time being in force, are taken to be terms of this agreement.\nA breach of this agreement may also be an offence under the Act .\nIt is an offence for the provider or provider’s agent to enter the resident’s room in contravention of the rules of entry under sections 257 to 262 .\nIt is an offence if the resident does not sign and return the condition report to the provider or provider’s agent under section 81 .\n(sch.5-sec.2-oc.2-ssec.1) This part states, under section 73 , the standard terms of a rooming accommodation agreement.\n(sch.5-sec.2-oc.2-ssec.2) The Act also imposes duties on, and gives entitlements to, the provider and resident that are taken to be included as terms of this agreement.\n(sch.5-sec.2-oc.2-ssec.3) The house rules for the rental premises are taken to be included as terms of this agreement.\n(sch.5-sec.2-oc.2-ssec.4) The provider and resident may agree on other terms of this agreement ( special terms ).\n(sch.5-sec.2-oc.2-ssec.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.\n(sch.5-sec.2-oc.2-ssec.6) A standard term overrides a special term if they are inconsistent.\n(sch.5-sec.2-oc.2-ssec.7) Any body corporate by-laws that apply to the occupation of the rental premises by the resident, for the time being in force, are taken to be terms of this agreement.\n(sch.5-sec.2-oc.2-ssec.8) A breach of this agreement may also be an offence under the Act . It is an offence for the provider or provider’s agent to enter the resident’s room in contravention of the rules of entry under sections 257 to 262 . It is an offence if the resident does not sign and return the condition report to the provider or provider’s agent under section 81 .\n- 1 It is an offence for the provider or provider’s agent to enter the resident’s room in contravention of the rules of entry under sections 257 to 262 .\n- 2 It is an offence if the resident does not sign and return the condition report to the provider or provider’s agent under section 81 .","sortOrder":412},{"sectionNumber":"sch.5-pt.2-div.2","sectionType":"division","heading":"Entering rooming accommodation agreement","content":"## Entering rooming accommodation agreement","sortOrder":413},{"sectionNumber":"sch.5-sec.3-oc.2","sectionType":"section","heading":"Start of rooming accommodation agreement","content":"### sch.5-sec.3-oc.2 Start of rooming accommodation agreement\n\nThis agreement starts on the day stated in item 7.2.","sortOrder":414},{"sectionNumber":"sch.5-sec.4-oc.2","sectionType":"section","heading":"Entry condition report— s 81","content":"### sch.5-sec.4-oc.2 Entry condition report— s 81\n\nThis clause applies only if a rental bond is payable, or has been paid, under this agreement.\nThe provider or provider’s agent must prepare, in the approved form, and sign a condition report for the resident’s room and the facilities in the room.\nA copy of the condition report must be given to the resident on or before the day the resident occupies a room in the rental premises under this agreement.\nIf the resident does not agree with the condition report, the resident must mark the copy of the report in an appropriate way to show the parts the resident disagrees with.\nThe resident must sign and return the copy of the condition report to the provider or provider’s agent no later than 7 days after the later of the following days—\nthe day the resident occupies the resident’s room;\nthe day the resident is given the copy of the condition report.\nAfter the copy of the condition report is returned to the provider or provider’s agent by the resident, the provider or provider’s agent must make a copy of the condition report and return it to the resident within 14 days.\nHowever, the provider or provider’s agent does not have to prepare a condition report for the resident’s room if—\nthis agreement has the effect of continuing the resident’s right to occupy the room under an earlier rooming accommodation agreement; and\nin accordance with the Act , a condition report was prepared for the room for the earlier rooming accommodation agreement.\nIf a condition report is not prepared for this agreement because subclause (7) applies, the condition report prepared for the earlier rooming accommodation agreement is taken to be the condition report for this agreement.\n(sch.5-sec.4-oc.2-ssec.1) This clause applies only if a rental bond is payable, or has been paid, under this agreement.\n(sch.5-sec.4-oc.2-ssec.2) The provider or provider’s agent must prepare, in the approved form, and sign a condition report for the resident’s room and the facilities in the room.\n(sch.5-sec.4-oc.2-ssec.3) A copy of the condition report must be given to the resident on or before the day the resident occupies a room in the rental premises under this agreement.\n(sch.5-sec.4-oc.2-ssec.4) If the resident does not agree with the condition report, the resident must mark the copy of the report in an appropriate way to show the parts the resident disagrees with.\n(sch.5-sec.4-oc.2-ssec.5) The resident must sign and return the copy of the condition report to the provider or provider’s agent no later than 7 days after the later of the following days— the day the resident occupies the resident’s room; the day the resident is given the copy of the condition report.\n(sch.5-sec.4-oc.2-ssec.6) After the copy of the condition report is returned to the provider or provider’s agent by the resident, the provider or provider’s agent must make a copy of the condition report and return it to the resident within 14 days.\n(sch.5-sec.4-oc.2-ssec.7) However, the provider or provider’s agent does not have to prepare a condition report for the resident’s room if— this agreement has the effect of continuing the resident’s right to occupy the room under an earlier rooming accommodation agreement; and in accordance with the Act , a condition report was prepared for the room for the earlier rooming accommodation agreement.\n(sch.5-sec.4-oc.2-ssec.8) If a condition report is not prepared for this agreement because subclause (7) applies, the condition report prepared for the earlier rooming accommodation agreement is taken to be the condition report for this agreement.\n- (a) the day the resident occupies the resident’s room;\n- (b) the day the resident is given the copy of the condition report.\n- (a) this agreement has the effect of continuing the resident’s right to occupy the room under an earlier rooming accommodation agreement; and\n- (b) in accordance with the Act , a condition report was prepared for the room for the earlier rooming accommodation agreement.","sortOrder":415},{"sectionNumber":"sch.5-sec.5-oc.2","sectionType":"section","heading":"Continuation of fixed term agreement— s 82","content":"### sch.5-sec.5-oc.2 Continuation of fixed term agreement— s 82\n\nThis clause applies if—\nunder this agreement, rooming accommodation is provided to the resident for a fixed term; and\nneither the provider nor the resident gives the other party a notice under chapter 5 , part 2 of the Act ending the agreement or agrees in writing with the other party to end the agreement under section 366 (a) .\nThis agreement continues to apply after the last day of the term, as a periodic agreement, on the same terms on which it applied immediately before the last day of the term, other than the term about the fixed term.\n(sch.5-sec.5-oc.2-ssec.1) This clause applies if— under this agreement, rooming accommodation is provided to the resident for a fixed term; and neither the provider nor the resident gives the other party a notice under chapter 5 , part 2 of the Act ending the agreement or agrees in writing with the other party to end the agreement under section 366 (a) .\n(sch.5-sec.5-oc.2-ssec.2) This agreement continues to apply after the last day of the term, as a periodic agreement, on the same terms on which it applied immediately before the last day of the term, other than the term about the fixed term.\n- (a) under this agreement, rooming accommodation is provided to the resident for a fixed term; and\n- (b) neither the provider nor the resident gives the other party a notice under chapter 5 , part 2 of the Act ending the agreement or agrees in writing with the other party to end the agreement under section 366 (a) .","sortOrder":416},{"sectionNumber":"sch.5-sec.6-oc.2","sectionType":"section","heading":"Costs apply to early ending of fixed term agreement— s 396A","content":"### sch.5-sec.6-oc.2 Costs apply to early ending of fixed term agreement— s 396A\n\nThis clause applies if—\nthis agreement is a fixed term agreement; and\nthe resident ends this agreement before the term ends other than in a way permitted under the Act .\nThe resident must pay the reletting costs under section 396A (3) .\nFor when the resident may end this agreement early, see clause 30.\nThis clause does not apply if, after experiencing domestic violence, the resident ends the resident’s interest in this agreement under chapter 5 , part 2 , division 3 , subdivision 2A of the Act .\n(sch.5-sec.6-oc.2-ssec.1) This clause applies if— this agreement is a fixed term agreement; and the resident ends this agreement before the term ends other than in a way permitted under the Act .\n(sch.5-sec.6-oc.2-ssec.2) The resident must pay the reletting costs under section 396A (3) . For when the resident may end this agreement early, see clause 30.\n(sch.5-sec.6-oc.2-ssec.3) This clause does not apply if, after experiencing domestic violence, the resident ends the resident’s interest in this agreement under chapter 5 , part 2 , division 3 , subdivision 2A of the Act .\n- (a) this agreement is a fixed term agreement; and\n- (b) the resident ends this agreement before the term ends other than in a way permitted under the Act .","sortOrder":417},{"sectionNumber":"sch.5-pt.2-div.3","sectionType":"division","heading":"Rent","content":"## Rent","sortOrder":418},{"sectionNumber":"sch.5-sec.7-oc.2","sectionType":"section","heading":"When, how and where rent must be paid— ss 98 – 100","content":"### sch.5-sec.7-oc.2 When, how and where rent must be paid— ss 98 – 100\n\nThe resident must pay the rent stated in item 8.\nThe rent must be paid on the days stated in item 10.\nThe rent must be paid—\nin a way stated in item 11; or\nUnder section 98 , at least 2 ways for the resident to pay the rent must be stated in this agreement.\nin a way agreed after the signing of this agreement by—\nthe provider or resident giving the other party a notice proposing a way; and\nthe other party agreeing to the proposal in writing; or\nif the provider or provider’s agent intends to change the way rent is paid to a way that is not stated in item 11 and no way is agreed to after the signing of this agreement—in a way the provider or provider’s agent proposes by notice to the resident under section 99A .\nThe provider or provider’s agent must give the resident notice advising of the costs associated with the ways to pay rent offered to the resident that the resident would not reasonably be aware of if the provider or provider’s agent knows or could reasonably be expected to find out about the costs.\nAlso, the provider or provider’s agent must declare any financial benefit the provider or provider’s agent may receive if the resident uses a particular way to pay rent.\nIf a place is stated in item 12, the rent must be paid at the place.\nIf, after the signing of this agreement, the provider gives a notice to the resident stating a place, or a different place, for payment of rent and the place is reasonable, the rent must be paid at the place while the notice is in force.\nIf no place is stated in item 12 and there is no notice stating a place, the rent must be paid at an appropriate place.\nthe provider’s address for service\nthe office of the provider’s agent\n(sch.5-sec.7-oc.2-ssec.1) The resident must pay the rent stated in item 8.\n(sch.5-sec.7-oc.2-ssec.2) The rent must be paid on the days stated in item 10.\n(sch.5-sec.7-oc.2-ssec.3) The rent must be paid— in a way stated in item 11; or Under section 98 , at least 2 ways for the resident to pay the rent must be stated in this agreement. in a way agreed after the signing of this agreement by— the provider or resident giving the other party a notice proposing a way; and the other party agreeing to the proposal in writing; or if the provider or provider’s agent intends to change the way rent is paid to a way that is not stated in item 11 and no way is agreed to after the signing of this agreement—in a way the provider or provider’s agent proposes by notice to the resident under section 99A .\n(sch.5-sec.7-oc.2-ssec.4) The provider or provider’s agent must give the resident notice advising of the costs associated with the ways to pay rent offered to the resident that the resident would not reasonably be aware of if the provider or provider’s agent knows or could reasonably be expected to find out about the costs.\n(sch.5-sec.7-oc.2-ssec.5) Also, the provider or provider’s agent must declare any financial benefit the provider or provider’s agent may receive if the resident uses a particular way to pay rent.\n(sch.5-sec.7-oc.2-ssec.6) If a place is stated in item 12, the rent must be paid at the place.\n(sch.5-sec.7-oc.2-ssec.7) If, after the signing of this agreement, the provider gives a notice to the resident stating a place, or a different place, for payment of rent and the place is reasonable, the rent must be paid at the place while the notice is in force.\n(sch.5-sec.7-oc.2-ssec.8) If no place is stated in item 12 and there is no notice stating a place, the rent must be paid at an appropriate place. the provider’s address for service the office of the provider’s agent\n- (a) in a way stated in item 11; or Note— Under section 98 , at least 2 ways for the resident to pay the rent must be stated in this agreement.\n- (b) in a way agreed after the signing of this agreement by— (i) the provider or resident giving the other party a notice proposing a way; and (ii) the other party agreeing to the proposal in writing; or\n- (i) the provider or resident giving the other party a notice proposing a way; and\n- (ii) the other party agreeing to the proposal in writing; or\n- (c) if the provider or provider’s agent intends to change the way rent is paid to a way that is not stated in item 11 and no way is agreed to after the signing of this agreement—in a way the provider or provider’s agent proposes by notice to the resident under section 99A .\n- (i) the provider or resident giving the other party a notice proposing a way; and\n- (ii) the other party agreeing to the proposal in writing; or\n- • the provider’s address for service\n- • the office of the provider’s agent","sortOrder":419},{"sectionNumber":"sch.5-sec.8-oc.2","sectionType":"section","heading":"Rent in advance— s 101","content":"### sch.5-sec.8-oc.2 Rent in advance— s 101\n\nThe provider or provider’s agent may require the resident to pay rent in advance only if the payment is not more than 2 weeks rent.\nUnder section 101 (2) , the provider or provider’s agent must not require payment of rent under this agreement in a period for which rent has already been paid.","sortOrder":420},{"sectionNumber":"sch.5-sec.9-oc.2","sectionType":"section","heading":"Rent increases— ss 105 and 105B","content":"### sch.5-sec.9-oc.2 Rent increases— ss 105 and 105B\n\nIf a provider proposes to increase the rent, the provider must give notice of the proposal to the resident.\nSee section 105D .\nThe notice must state—\nthe amount of the increased rent; and\nthe day from when the rent is payable; and\nif the provider is not an exempt provider under the Act —the day the rent was last increased for the resident’s room.\nThe day from which the increased rent is payable must not be earlier than the later of the following—\n4 weeks after the notice is given;\n12 months after the last rent increase for the resident’s room in accordance with section 105B .\nAlso, if this agreement is for a fixed term, the rent may not be increased before the term ends unless—\nitem 13.1 states rent can be increased; and\nitem 13.3 states the amount of the increase or how the amount of the increase is to be worked out; and\nthe increase is made in accordance with item 13.3.\nSubject to an order of the tribunal, the increased rent is payable from—\nif this agreement is for a fixed term—the day stated in item 13.4; or\nif this agreement is not for a fixed term—the day stated in the notice.\nHowever, increased rent is payable by the resident only if—\nthe rent is increased in compliance with this clause and the Act ; and\nthe increased rent is not payable earlier than 12 months after the last rent increase for the resident’s room in accordance with section 105B ; and\nthe increase in rent does not relate to—\ncompliance of the rental premises with the prescribed minimum housing standards; or\nkeeping a pet or working dog in the room.\nSubclauses (1) to (6) do not apply if the parties to this agreement amend this agreement to provide for another service to be provided by the provider to the resident and for an increase in the rent in payment of the service.\nHowever, subclause (7) does not apply if the provision of the service—\nis necessary for the rental premises to comply with the prescribed minimum housing standards; or\nis a condition of the provider’s approval to keep a pet in the resident’s room.\n(sch.5-sec.9-oc.2-ssec.1) If a provider proposes to increase the rent, the provider must give notice of the proposal to the resident. See section 105D .\n(sch.5-sec.9-oc.2-ssec.2) The notice must state— the amount of the increased rent; and the day from when the rent is payable; and if the provider is not an exempt provider under the Act —the day the rent was last increased for the resident’s room.\n(sch.5-sec.9-oc.2-ssec.3) The day from which the increased rent is payable must not be earlier than the later of the following— 4 weeks after the notice is given; 12 months after the last rent increase for the resident’s room in accordance with section 105B .\n(sch.5-sec.9-oc.2-ssec.4) Also, if this agreement is for a fixed term, the rent may not be increased before the term ends unless— item 13.1 states rent can be increased; and item 13.3 states the amount of the increase or how the amount of the increase is to be worked out; and the increase is made in accordance with item 13.3.\n(sch.5-sec.9-oc.2-ssec.5) Subject to an order of the tribunal, the increased rent is payable from— if this agreement is for a fixed term—the day stated in item 13.4; or if this agreement is not for a fixed term—the day stated in the notice.\n(sch.5-sec.9-oc.2-ssec.6) However, increased rent is payable by the resident only if— the rent is increased in compliance with this clause and the Act ; and the increased rent is not payable earlier than 12 months after the last rent increase for the resident’s room in accordance with section 105B ; and the increase in rent does not relate to— compliance of the rental premises with the prescribed minimum housing standards; or keeping a pet or working dog in the room.\n(sch.5-sec.9-oc.2-ssec.7) Subclauses (1) to (6) do not apply if the parties to this agreement amend this agreement to provide for another service to be provided by the provider to the resident and for an increase in the rent in payment of the service.\n(sch.5-sec.9-oc.2-ssec.8) However, subclause (7) does not apply if the provision of the service— is necessary for the rental premises to comply with the prescribed minimum housing standards; or is a condition of the provider’s approval to keep a pet in the resident’s room.\n- (a) the amount of the increased rent; and\n- (b) the day from when the rent is payable; and\n- (c) if the provider is not an exempt provider under the Act —the day the rent was last increased for the resident’s room.\n- (a) 4 weeks after the notice is given;\n- (b) 12 months after the last rent increase for the resident’s room in accordance with section 105B .\n- (a) item 13.1 states rent can be increased; and\n- (b) item 13.3 states the amount of the increase or how the amount of the increase is to be worked out; and\n- (c) the increase is made in accordance with item 13.3.\n- (a) if this agreement is for a fixed term—the day stated in item 13.4; or\n- (b) if this agreement is not for a fixed term—the day stated in the notice.\n- (a) the rent is increased in compliance with this clause and the Act ; and\n- (b) the increased rent is not payable earlier than 12 months after the last rent increase for the resident’s room in accordance with section 105B ; and\n- (c) the increase in rent does not relate to— (i) compliance of the rental premises with the prescribed minimum housing standards; or (ii) keeping a pet or working dog in the room.\n- (i) compliance of the rental premises with the prescribed minimum housing standards; or\n- (ii) keeping a pet or working dog in the room.\n- (i) compliance of the rental premises with the prescribed minimum housing standards; or\n- (ii) keeping a pet or working dog in the room.\n- (a) is necessary for the rental premises to comply with the prescribed minimum housing standards; or\n- (b) is a condition of the provider’s approval to keep a pet in the resident’s room.","sortOrder":421},{"sectionNumber":"sch.5-sec.10-oc.2","sectionType":"section","heading":"Resident’s application to tribunal about rent increase— s 105A","content":"### sch.5-sec.10-oc.2 Resident’s application to tribunal about rent increase— s 105A\n\nAfter the provider gives the resident notice of a proposed rent increase, the resident may apply to the tribunal for an order reducing the amount of, or stopping, the proposed increase of rent if the resident believes the increase—\nis excessive; or\nis not payable under clause 9.\nHowever, the application must be made—\nwithin 30 days after the resident receives the notice; and\nif this agreement is a fixed term agreement—before the term of this agreement ends.\n(sch.5-sec.10-oc.2-ssec.1) After the provider gives the resident notice of a proposed rent increase, the resident may apply to the tribunal for an order reducing the amount of, or stopping, the proposed increase of rent if the resident believes the increase— is excessive; or is not payable under clause 9.\n(sch.5-sec.10-oc.2-ssec.2) However, the application must be made— within 30 days after the resident receives the notice; and if this agreement is a fixed term agreement—before the term of this agreement ends.\n- (a) is excessive; or\n- (b) is not payable under clause 9.\n- (a) within 30 days after the resident receives the notice; and\n- (b) if this agreement is a fixed term agreement—before the term of this agreement ends.","sortOrder":422},{"sectionNumber":"sch.5-sec.11-oc.2","sectionType":"section","heading":"Rent decreases for matters including loss of amenity or service— s 106","content":"### sch.5-sec.11-oc.2 Rent decreases for matters including loss of amenity or service— s 106\n\nThis clause applies if—\nthe resident’s room or common areas become partly unfit to live in, or their amenity or standard substantially decreases, other than because of intentional or reckless damage caused by the resident or a guest of the resident; or\na service provided to the resident under this agreement is no longer available or is withdrawn, or the standard of the service substantially decreases, other than because the resident has not met the resident’s obligations under this agreement.\nThe rent payable under this agreement decreases by the amount, and from the time, agreed between the provider and the resident.\nIf the provider and the resident can not agree on the amount or time for the decrease, either may apply to the tribunal for an order decreasing the rent by a stated amount from a stated time.\n(sch.5-sec.11-oc.2-ssec.1) This clause applies if— the resident’s room or common areas become partly unfit to live in, or their amenity or standard substantially decreases, other than because of intentional or reckless damage caused by the resident or a guest of the resident; or a service provided to the resident under this agreement is no longer available or is withdrawn, or the standard of the service substantially decreases, other than because the resident has not met the resident’s obligations under this agreement.\n(sch.5-sec.11-oc.2-ssec.2) The rent payable under this agreement decreases by the amount, and from the time, agreed between the provider and the resident.\n(sch.5-sec.11-oc.2-ssec.3) If the provider and the resident can not agree on the amount or time for the decrease, either may apply to the tribunal for an order decreasing the rent by a stated amount from a stated time.\n- (a) the resident’s room or common areas become partly unfit to live in, or their amenity or standard substantially decreases, other than because of intentional or reckless damage caused by the resident or a guest of the resident; or\n- (b) a service provided to the resident under this agreement is no longer available or is withdrawn, or the standard of the service substantially decreases, other than because the resident has not met the resident’s obligations under this agreement.","sortOrder":423},{"sectionNumber":"sch.5-sec.12-oc.2","sectionType":"section","heading":"Rent decreases because of resident’s absence— s 107","content":"### sch.5-sec.12-oc.2 Rent decreases because of resident’s absence— s 107\n\nThis clause applies if either of the following is not provided to the resident because of the resident’s absence—\na personal care service;\na food service, but only if the resident is absent from the rental premises for a continuous period of more than 2 weeks.\nThe provider and the resident may agree to a reduction in rent for the period of the absence.\nIf the provider and the resident can not agree on a reduction in rent for the period of the absence, the resident may apply to the tribunal for an order decreasing the rent by a stated amount for the period.\n(sch.5-sec.12-oc.2-ssec.1) This clause applies if either of the following is not provided to the resident because of the resident’s absence— a personal care service; a food service, but only if the resident is absent from the rental premises for a continuous period of more than 2 weeks.\n(sch.5-sec.12-oc.2-ssec.2) The provider and the resident may agree to a reduction in rent for the period of the absence.\n(sch.5-sec.12-oc.2-ssec.3) If the provider and the resident can not agree on a reduction in rent for the period of the absence, the resident may apply to the tribunal for an order decreasing the rent by a stated amount for the period.\n- (a) a personal care service;\n- (b) a food service, but only if the resident is absent from the rental premises for a continuous period of more than 2 weeks.","sortOrder":424},{"sectionNumber":"sch.5-pt.2-div.4","sectionType":"division","heading":"Rental bond","content":"## Rental bond","sortOrder":425},{"sectionNumber":"sch.5-sec.13-oc.2","sectionType":"section","heading":"Rental bond required— ss 111 , 116 and 118","content":"### sch.5-sec.13-oc.2 Rental bond required— ss 111 , 116 and 118\n\nIf a rental bond is stated in item 14, the resident must pay to the provider or provider’s agent the bond—\nif a special term requires the bond to be paid at a stated time—at the stated time; or\nif a special term requires the bond to be paid by instalments—by instalments; or\notherwise—when the resident signs this agreement.\nThere is a maximum rental bond that may be required. See sections 112 (2) and 146 .\nThe provider or provider’s agent must pay the rental bond to the authority and give the authority a notice, in the approved form, about the bond.\nFor when the provider or provider’s agent must pay the rental bond to the authority, see sections 116 and 118 . Generally, the provider or provider’s agent must pay the rental bond to the authority within 10 days of receiving it.\nThe rental bond is intended to be available to financially protect the provider if the resident breaches this agreement.\nThe provider may claim against the rental bond if the resident does not leave the resident’s room in the required condition at the end of the rooming accommodation agreement.\nFor how to apply to the authority or tribunal for the rental bond at the end of the rooming accommodation agreement, see sections 125 to 141 .\n(sch.5-sec.13-oc.2-ssec.1) If a rental bond is stated in item 14, the resident must pay to the provider or provider’s agent the bond— if a special term requires the bond to be paid at a stated time—at the stated time; or if a special term requires the bond to be paid by instalments—by instalments; or otherwise—when the resident signs this agreement. There is a maximum rental bond that may be required. See sections 112 (2) and 146 .\n(sch.5-sec.13-oc.2-ssec.2) The provider or provider’s agent must pay the rental bond to the authority and give the authority a notice, in the approved form, about the bond. For when the provider or provider’s agent must pay the rental bond to the authority, see sections 116 and 118 . Generally, the provider or provider’s agent must pay the rental bond to the authority within 10 days of receiving it.\n(sch.5-sec.13-oc.2-ssec.3) The rental bond is intended to be available to financially protect the provider if the resident breaches this agreement. The provider may claim against the rental bond if the resident does not leave the resident’s room in the required condition at the end of the rooming accommodation agreement. For how to apply to the authority or tribunal for the rental bond at the end of the rooming accommodation agreement, see sections 125 to 141 .\n- (a) if a special term requires the bond to be paid at a stated time—at the stated time; or\n- (b) if a special term requires the bond to be paid by instalments—by instalments; or\n- (c) otherwise—when the resident signs this agreement.","sortOrder":426},{"sectionNumber":"sch.5-sec.14-oc.2","sectionType":"section","heading":"Increase in rental bond— s 154","content":"### sch.5-sec.14-oc.2 Increase in rental bond— s 154\n\nThe resident must increase the rental bond if—\nthe rent increases and the provider gives notice to the resident to increase the bond; and\nthe notice is given at least 11 months after—\nthis agreement started; or\nif the bond has been increased previously, following a notice given under this clause—the day stated in the notice, or the last notice, for making the increase.\nThe notice must state the increased amount and the day by which the increase must be made.\nFor subclause (2), the day must be at least 1 month after the notice is given to the resident.\n(sch.5-sec.14-oc.2-ssec.1) The resident must increase the rental bond if— the rent increases and the provider gives notice to the resident to increase the bond; and the notice is given at least 11 months after— this agreement started; or if the bond has been increased previously, following a notice given under this clause—the day stated in the notice, or the last notice, for making the increase.\n(sch.5-sec.14-oc.2-ssec.2) The notice must state the increased amount and the day by which the increase must be made.\n(sch.5-sec.14-oc.2-ssec.3) For subclause (2), the day must be at least 1 month after the notice is given to the resident.\n- (a) the rent increases and the provider gives notice to the resident to increase the bond; and\n- (b) the notice is given at least 11 months after— (i) this agreement started; or (ii) if the bond has been increased previously, following a notice given under this clause—the day stated in the notice, or the last notice, for making the increase.\n- (i) this agreement started; or\n- (ii) if the bond has been increased previously, following a notice given under this clause—the day stated in the notice, or the last notice, for making the increase.\n- (i) this agreement started; or\n- (ii) if the bond has been increased previously, following a notice given under this clause—the day stated in the notice, or the last notice, for making the increase.","sortOrder":427},{"sectionNumber":"sch.5-pt.2-div.5","sectionType":"division","heading":"Outgoings","content":"## Outgoings","sortOrder":428},{"sectionNumber":"sch.5-sec.15-oc.2","sectionType":"section","heading":"Charge for utility service— s 170","content":"### sch.5-sec.15-oc.2 Charge for utility service— s 170\n\nThe resident must pay an amount for utility services supplied to the rental premises during this agreement if—\nthe service is stated in item 16; and\nthe resident’s room is separately metered for the utility service by an appliance approved by the supplying entity.\nThe provider must give the resident a copy of the documents about the amount charged by the supplying entity within 4 weeks after the provider receives the documents.\nThe resident is not required to pay an amount for utility services if the provider does not give the resident a copy of the documents.\nSection 170 (2) (b) limits the amount the resident must pay.\n(sch.5-sec.15-oc.2-ssec.1) The resident must pay an amount for utility services supplied to the rental premises during this agreement if— the service is stated in item 16; and the resident’s room is separately metered for the utility service by an appliance approved by the supplying entity.\n(sch.5-sec.15-oc.2-ssec.2) The provider must give the resident a copy of the documents about the amount charged by the supplying entity within 4 weeks after the provider receives the documents.\n(sch.5-sec.15-oc.2-ssec.3) The resident is not required to pay an amount for utility services if the provider does not give the resident a copy of the documents.\n- (a) the service is stated in item 16; and\n- (b) the resident’s room is separately metered for the utility service by an appliance approved by the supplying entity.","sortOrder":429},{"sectionNumber":"sch.5-pt.2-div.6","sectionType":"division","heading":"Rights and obligations of provider and resident","content":"## Rights and obligations of provider and resident","sortOrder":430},{"sectionNumber":"sch.5-sec.16-oc.2","sectionType":"section","heading":"Provider’s obligations— ss 247 and 249","content":"### sch.5-sec.16-oc.2 Provider’s obligations— ss 247 and 249\n\nThe provider has the following obligations—\nto ensure the provider is not in breach of a law dealing with issues about the health or safety of persons using or entering the resident’s room or common areas;\nto take reasonable steps to ensure the resident—\nalways has access to the resident’s room and to bathroom and toilet facilities; and\nhas reasonable access to any other common areas;\nto take reasonable steps to ensure the security of the resident’s room and the resident’s personal property in the room;\nto maintain the resident’s room and common areas in a way that the room and areas remain fit for the resident to live in;\nto take reasonable steps to ensure the resident’s room and common areas and facilities provided in the room and areas—\nare kept safe and in good repair; and\nsubject to any agreement with the resident about cleaning the resident’s room or common areas or facilities—are kept clean;\nnot to unreasonably restrict the resident’s guests in visiting the resident;\nto ensure that the times during which the provider, or provider’s agent, is available to be contacted by the resident are reasonable, having regard to all the circumstances including the services being provided to the resident under this agreement;\nto ensure the rental premises otherwise comply with any prescribed minimum housing standards applying to the rental premises.\nFor subclause (1)(e)(ii), an agreement about cleaning common areas may be made only for a common area used by the resident and a minority of other residents of the provider.\nFour residents have individual rooms opening out onto a living area which is available for use only by those residents. The provider and the 4 residents may agree that the cleaning of the living area is to be done by the 4 residents.\nThe provider must take reasonable steps to ensure the resident has quiet enjoyment of the resident’s room and common areas.\nThe provider or provider’s agent must not interfere with the reasonable peace, comfort or privacy of the resident in using the resident’s room and common areas.\n(sch.5-sec.16-oc.2-ssec.1) The provider has the following obligations— to ensure the provider is not in breach of a law dealing with issues about the health or safety of persons using or entering the resident’s room or common areas; to take reasonable steps to ensure the resident— always has access to the resident’s room and to bathroom and toilet facilities; and has reasonable access to any other common areas; to take reasonable steps to ensure the security of the resident’s room and the resident’s personal property in the room; to maintain the resident’s room and common areas in a way that the room and areas remain fit for the resident to live in; to take reasonable steps to ensure the resident’s room and common areas and facilities provided in the room and areas— are kept safe and in good repair; and subject to any agreement with the resident about cleaning the resident’s room or common areas or facilities—are kept clean; not to unreasonably restrict the resident’s guests in visiting the resident; to ensure that the times during which the provider, or provider’s agent, is available to be contacted by the resident are reasonable, having regard to all the circumstances including the services being provided to the resident under this agreement; to ensure the rental premises otherwise comply with any prescribed minimum housing standards applying to the rental premises.\n(sch.5-sec.16-oc.2-ssec.2) For subclause (1)(e)(ii), an agreement about cleaning common areas may be made only for a common area used by the resident and a minority of other residents of the provider. Four residents have individual rooms opening out onto a living area which is available for use only by those residents. The provider and the 4 residents may agree that the cleaning of the living area is to be done by the 4 residents.\n(sch.5-sec.16-oc.2-ssec.3) The provider must take reasonable steps to ensure the resident has quiet enjoyment of the resident’s room and common areas.\n(sch.5-sec.16-oc.2-ssec.4) The provider or provider’s agent must not interfere with the reasonable peace, comfort or privacy of the resident in using the resident’s room and common areas.\n- (a) to ensure the provider is not in breach of a law dealing with issues about the health or safety of persons using or entering the resident’s room or common areas;\n- (b) to take reasonable steps to ensure the resident— (i) always has access to the resident’s room and to bathroom and toilet facilities; and (ii) has reasonable access to any other common areas;\n- (i) always has access to the resident’s room and to bathroom and toilet facilities; and\n- (ii) has reasonable access to any other common areas;\n- (c) to take reasonable steps to ensure the security of the resident’s room and the resident’s personal property in the room;\n- (d) to maintain the resident’s room and common areas in a way that the room and areas remain fit for the resident to live in;\n- (e) to take reasonable steps to ensure the resident’s room and common areas and facilities provided in the room and areas— (i) are kept safe and in good repair; and (ii) subject to any agreement with the resident about cleaning the resident’s room or common areas or facilities—are kept clean;\n- (i) are kept safe and in good repair; and\n- (ii) subject to any agreement with the resident about cleaning the resident’s room or common areas or facilities—are kept clean;\n- (f) not to unreasonably restrict the resident’s guests in visiting the resident;\n- (g) to ensure that the times during which the provider, or provider’s agent, is available to be contacted by the resident are reasonable, having regard to all the circumstances including the services being provided to the resident under this agreement;\n- (h) to ensure the rental premises otherwise comply with any prescribed minimum housing standards applying to the rental premises.\n- (i) always has access to the resident’s room and to bathroom and toilet facilities; and\n- (ii) has reasonable access to any other common areas;\n- (i) are kept safe and in good repair; and\n- (ii) subject to any agreement with the resident about cleaning the resident’s room or common areas or facilities—are kept clean;","sortOrder":431},{"sectionNumber":"sch.5-sec.17-oc.2","sectionType":"section","heading":"Resident’s obligations generally— s 253","content":"### sch.5-sec.17-oc.2 Resident’s obligations generally— s 253\n\nThe resident has the following obligations—\nto use the resident’s room and common areas only or mainly as a place of residence;\nnot to use the resident’s room or common areas for an illegal purpose;\nnot to interfere with, and to ensure the resident’s guests do not interfere with, the reasonable peace, comfort or privacy of another resident or another resident’s appropriate use of the other resident’s room or common areas;\nto pay the rent when it falls due;\nnot to keep an animal on the rental premises without the provider’s approval;\nnot to intentionally or recklessly damage or destroy, or allow the resident’s guests to intentionally or recklessly damage or destroy, any part of the rental premises or a facility in the rental premises;\nto keep the resident’s room and inclusions clean, having regard to their condition at the start of this agreement;\nto maintain the resident’s room in a condition that does not give rise to a fire or health hazard.\nallowing newspapers to build up in the resident’s room\nblocking access to the resident’s room\nThe resident’s obligations under subclause (1) do not apply to the extent the obligations would have the effect of requiring the resident to repair, or compensate the provider for, damage to the resident’s room or inclusions caused by an act of domestic violence experienced by the resident.\n(sch.5-sec.17-oc.2-ssec.1) The resident has the following obligations— to use the resident’s room and common areas only or mainly as a place of residence; not to use the resident’s room or common areas for an illegal purpose; not to interfere with, and to ensure the resident’s guests do not interfere with, the reasonable peace, comfort or privacy of another resident or another resident’s appropriate use of the other resident’s room or common areas; to pay the rent when it falls due; not to keep an animal on the rental premises without the provider’s approval; not to intentionally or recklessly damage or destroy, or allow the resident’s guests to intentionally or recklessly damage or destroy, any part of the rental premises or a facility in the rental premises; to keep the resident’s room and inclusions clean, having regard to their condition at the start of this agreement; to maintain the resident’s room in a condition that does not give rise to a fire or health hazard. allowing newspapers to build up in the resident’s room blocking access to the resident’s room\n(sch.5-sec.17-oc.2-ssec.2) The resident’s obligations under subclause (1) do not apply to the extent the obligations would have the effect of requiring the resident to repair, or compensate the provider for, damage to the resident’s room or inclusions caused by an act of domestic violence experienced by the resident.\n- (a) to use the resident’s room and common areas only or mainly as a place of residence;\n- (b) not to use the resident’s room or common areas for an illegal purpose;\n- (c) not to interfere with, and to ensure the resident’s guests do not interfere with, the reasonable peace, comfort or privacy of another resident or another resident’s appropriate use of the other resident’s room or common areas;\n- (d) to pay the rent when it falls due;\n- (e) not to keep an animal on the rental premises without the provider’s approval;\n- (f) not to intentionally or recklessly damage or destroy, or allow the resident’s guests to intentionally or recklessly damage or destroy, any part of the rental premises or a facility in the rental premises;\n- (g) to keep the resident’s room and inclusions clean, having regard to their condition at the start of this agreement;\n- (h) to maintain the resident’s room in a condition that does not give rise to a fire or health hazard. Examples of a fire hazard— • allowing newspapers to build up in the resident’s room • blocking access to the resident’s room\n- • allowing newspapers to build up in the resident’s room\n- • blocking access to the resident’s room\n- • allowing newspapers to build up in the resident’s room\n- • blocking access to the resident’s room","sortOrder":432},{"sectionNumber":"sch.5-sec.18-oc.2","sectionType":"section","heading":"House rules— ss 266 – 276","content":"### sch.5-sec.18-oc.2 House rules— ss 266 – 276\n\nThe resident must comply with the house rules for the rental premises.\nThe provider or provider’s agent must give a copy of the house rules for the rental premises to the resident before entering into this agreement.\nThe provider or provider’s agent for the rental premises must ensure a copy of the house rules for the rental premises is displayed, at all times, at a place in the rental premises where it is likely to be seen by the residents.\nAt least 7 days before making any changes to the house rules for the rental premises, the provider must give a notice to the resident stating the following—\nthe proposed changes and the day the changes are to take effect;\nthat the resident may object to the changes and how an objection may be made.\nHowever, if this agreement starts less than 7 days before the proposed changes are to take effect, the provider need only give the notice mentioned in subclause (4) when this agreement starts.\n(sch.5-sec.18-oc.2-ssec.1) The resident must comply with the house rules for the rental premises.\n(sch.5-sec.18-oc.2-ssec.2) The provider or provider’s agent must give a copy of the house rules for the rental premises to the resident before entering into this agreement.\n(sch.5-sec.18-oc.2-ssec.3) The provider or provider’s agent for the rental premises must ensure a copy of the house rules for the rental premises is displayed, at all times, at a place in the rental premises where it is likely to be seen by the residents.\n(sch.5-sec.18-oc.2-ssec.4) At least 7 days before making any changes to the house rules for the rental premises, the provider must give a notice to the resident stating the following— the proposed changes and the day the changes are to take effect; that the resident may object to the changes and how an objection may be made.\n(sch.5-sec.18-oc.2-ssec.5) However, if this agreement starts less than 7 days before the proposed changes are to take effect, the provider need only give the notice mentioned in subclause (4) when this agreement starts.\n- (a) the proposed changes and the day the changes are to take effect;\n- (b) that the resident may object to the changes and how an objection may be made.","sortOrder":433},{"sectionNumber":"sch.5-sec.19-oc.2","sectionType":"section","heading":"Number of occupants allowed","content":"### sch.5-sec.19-oc.2 Number of occupants allowed\n\nNo more than the number of persons stated in item 18.1 may reside in the resident’s room.\nNo more than the number of persons stated in item 18.2 may reside at the rental premises.\nHowever, more people may reside in the resident’s room or at the rental premises if the resident and the provider agree.\n(sch.5-sec.19-oc.2-ssec.1) No more than the number of persons stated in item 18.1 may reside in the resident’s room.\n(sch.5-sec.19-oc.2-ssec.2) No more than the number of persons stated in item 18.2 may reside at the rental premises.\n(sch.5-sec.19-oc.2-ssec.3) However, more people may reside in the resident’s room or at the rental premises if the resident and the provider agree.","sortOrder":434},{"sectionNumber":"sch.5-sec.20-oc.2","sectionType":"section","heading":"Supply of locks and keys— s 250","content":"### sch.5-sec.20-oc.2 Supply of locks and keys— s 250\n\nThe provider must supply and maintain all locks necessary to ensure the resident’s room is reasonably secure.\nThe provider must give the resident a key for each lock that secures an entry to the following—\nthe resident’s room;\na building or building within which the resident’s room and common areas are situated.\nThe resident must not make a copy of the key without the provider’s permission.\nThe resident must not tamper with a door lock in the rental premises.\n(sch.5-sec.20-oc.2-ssec.1) The provider must supply and maintain all locks necessary to ensure the resident’s room is reasonably secure.\n(sch.5-sec.20-oc.2-ssec.2) The provider must give the resident a key for each lock that secures an entry to the following— the resident’s room; a building or building within which the resident’s room and common areas are situated.\n(sch.5-sec.20-oc.2-ssec.3) The resident must not make a copy of the key without the provider’s permission.\n(sch.5-sec.20-oc.2-ssec.4) The resident must not tamper with a door lock in the rental premises.\n- (a) the resident’s room;\n- (b) a building or building within which the resident’s room and common areas are situated.","sortOrder":435},{"sectionNumber":"sch.5-sec.21","sectionType":"section","heading":"Changing locks— s 251","content":"### sch.5-sec.21 Changing locks— s 251\n\nThe resident may request the provider to change or repair a lock that secures entry to the resident’s room if the resident reasonably believes there is the likelihood of—\nrisk to the resident’s safety; or\ntheft of, or damage to, the resident’s belongings.\nThe provider must not act unreasonably in failing to agree to change or repair the lock.\nAlso, the provider must change or repair the lock if the request states it is made for the purpose of protecting the resident from domestic violence.\nIf the provider changes a lock because of a request mentioned in subclause (3), the provider must not give a key for the changed lock to any other person other than the resident without the resident’s agreement or a reasonable excuse.\n(sch.5-sec.21-ssec.1) The resident may request the provider to change or repair a lock that secures entry to the resident’s room if the resident reasonably believes there is the likelihood of— risk to the resident’s safety; or theft of, or damage to, the resident’s belongings.\n(sch.5-sec.21-ssec.2) The provider must not act unreasonably in failing to agree to change or repair the lock.\n(sch.5-sec.21-ssec.3) Also, the provider must change or repair the lock if the request states it is made for the purpose of protecting the resident from domestic violence.\n(sch.5-sec.21-ssec.4) If the provider changes a lock because of a request mentioned in subclause (3), the provider must not give a key for the changed lock to any other person other than the resident without the resident’s agreement or a reasonable excuse.\n- (a) risk to the resident’s safety; or\n- (b) theft of, or damage to, the resident’s belongings.","sortOrder":436},{"sectionNumber":"sch.5-sec.22","sectionType":"section","heading":"Fixtures or structural changes— ss 254 – 255A","content":"### sch.5-sec.22 Fixtures or structural changes— ss 254 – 255A\n\nThe resident may attach a fixture, or make a structural change, to the rental premises only if—\nthe resident gives the provider a request, in the approved form, for approval to attach the fixture or make the structural change; and\nthe provider agrees to the request; and\nfor body corporate rental premises—the body corporate agrees to the request; and\nthe fixture is attached, or structural change is made, in accordance with the provider’s agreement.\nFixtures are generally items permanently attached to land or to a building that are intended to become part of the land or building. Attaching a fixture may include, for example, gluing, nailing or screwing the fixture to a wall.\nThe provider must—\ndecide the request—\nwithin 28 days after receiving the request; or\nif the rental premises are not body corporate rental premises—within a longer period, if agreed to by the resident and provider; and\nadvise the resident of the provider’s decision; and\nif the provider agrees to the request and the rental premises are body corporate rental premises—\nstate that the provider’s agreement is subject to agreement by the body corporate; and\ngive the request to the body corporate within 28 days after receiving the request; and\nadvise the resident as soon as reasonably practicable of the body corporate’s decision about the request.\nIf the provider agrees to the request, the provider must give the resident an agreement that—\nis in writing; and\ndescribes the nature of the fixture or structural change; and\nstates any conditions of the agreement, including any conditions given by the body corporate.\nthat the resident must maintain the fixture in a particular way\nthat the resident must remove the fixture and must repair damage caused by removing the fixture\nthat the provider must compensate the resident for the fixture if the resident can not remove it\nThe resident must comply with any conditions of the agreement given by the provider or body corporate.\nIn this clause—\nbody corporate rental premises means rental premises—\nthat are part of a body corporate scheme; and\nfor which, under a body corporate law or body corporate by-law, the approval of the body corporate is required for the attachment of a fixture, or the making of a structural change, to the premises.\n(sch.5-sec.22-ssec.1) The resident may attach a fixture, or make a structural change, to the rental premises only if— the resident gives the provider a request, in the approved form, for approval to attach the fixture or make the structural change; and the provider agrees to the request; and for body corporate rental premises—the body corporate agrees to the request; and the fixture is attached, or structural change is made, in accordance with the provider’s agreement. Fixtures are generally items permanently attached to land or to a building that are intended to become part of the land or building. Attaching a fixture may include, for example, gluing, nailing or screwing the fixture to a wall.\n(sch.5-sec.22-ssec.2) The provider must— decide the request— within 28 days after receiving the request; or if the rental premises are not body corporate rental premises—within a longer period, if agreed to by the resident and provider; and advise the resident of the provider’s decision; and if the provider agrees to the request and the rental premises are body corporate rental premises— state that the provider’s agreement is subject to agreement by the body corporate; and give the request to the body corporate within 28 days after receiving the request; and advise the resident as soon as reasonably practicable of the body corporate’s decision about the request.\n(sch.5-sec.22-ssec.3) If the provider agrees to the request, the provider must give the resident an agreement that— is in writing; and describes the nature of the fixture or structural change; and states any conditions of the agreement, including any conditions given by the body corporate. that the resident must maintain the fixture in a particular way that the resident must remove the fixture and must repair damage caused by removing the fixture that the provider must compensate the resident for the fixture if the resident can not remove it\n(sch.5-sec.22-ssec.4) The resident must comply with any conditions of the agreement given by the provider or body corporate.\n(sch.5-sec.22-ssec.5) In this clause— body corporate rental premises means rental premises— that are part of a body corporate scheme; and for which, under a body corporate law or body corporate by-law, the approval of the body corporate is required for the attachment of a fixture, or the making of a structural change, to the premises.\n- (a) the resident gives the provider a request, in the approved form, for approval to attach the fixture or make the structural change; and\n- (b) the provider agrees to the request; and\n- (c) for body corporate rental premises—the body corporate agrees to the request; and\n- (d) the fixture is attached, or structural change is made, in accordance with the provider’s agreement.\n- (a) decide the request— (i) within 28 days after receiving the request; or (ii) if the rental premises are not body corporate rental premises—within a longer period, if agreed to by the resident and provider; and\n- (i) within 28 days after receiving the request; or\n- (ii) if the rental premises are not body corporate rental premises—within a longer period, if agreed to by the resident and provider; and\n- (b) advise the resident of the provider’s decision; and\n- (c) if the provider agrees to the request and the rental premises are body corporate rental premises— (i) state that the provider’s agreement is subject to agreement by the body corporate; and (ii) give the request to the body corporate within 28 days after receiving the request; and (iii) advise the resident as soon as reasonably practicable of the body corporate’s decision about the request.\n- (i) state that the provider’s agreement is subject to agreement by the body corporate; and\n- (ii) give the request to the body corporate within 28 days after receiving the request; and\n- (iii) advise the resident as soon as reasonably practicable of the body corporate’s decision about the request.\n- (i) within 28 days after receiving the request; or\n- (ii) if the rental premises are not body corporate rental premises—within a longer period, if agreed to by the resident and provider; and\n- (i) state that the provider’s agreement is subject to agreement by the body corporate; and\n- (ii) give the request to the body corporate within 28 days after receiving the request; and\n- (iii) advise the resident as soon as reasonably practicable of the body corporate’s decision about the request.\n- (a) is in writing; and\n- (b) describes the nature of the fixture or structural change; and\n- (c) states any conditions of the agreement, including any conditions given by the body corporate. Examples of conditions— • that the resident must maintain the fixture in a particular way • that the resident must remove the fixture and must repair damage caused by removing the fixture • that the provider must compensate the resident for the fixture if the resident can not remove it\n- • that the resident must maintain the fixture in a particular way\n- • that the resident must remove the fixture and must repair damage caused by removing the fixture\n- • that the provider must compensate the resident for the fixture if the resident can not remove it\n- • that the resident must maintain the fixture in a particular way\n- • that the resident must remove the fixture and must repair damage caused by removing the fixture\n- • that the provider must compensate the resident for the fixture if the resident can not remove it\n- (a) that are part of a body corporate scheme; and\n- (b) for which, under a body corporate law or body corporate by-law, the approval of the body corporate is required for the attachment of a fixture, or the making of a structural change, to the premises.","sortOrder":437},{"sectionNumber":"sch.5-sec.23","sectionType":"section","heading":"Action by provider for breach of provider’s agreement about fixture or structural change— s 256","content":"### sch.5-sec.23 Action by provider for breach of provider’s agreement about fixture or structural change— s 256\n\nThis clause applies if—\nthe resident attaches a fixture, or makes a structural change, to the rental premises; and\nthe provider’s agreement is given under section 255 to attach the fixture or make the structural change; and\nthe resident does not attach the fixture, or make the structural change, in accordance with the provider’s agreement.\nThe provider may—\ntake action for a breach of a term of this agreement; or\nwaive the breach and treat the fixture or structural change as an improvement to the rental premises for the provider’s benefit.\n(sch.5-sec.23-ssec.1) This clause applies if— the resident attaches a fixture, or makes a structural change, to the rental premises; and the provider’s agreement is given under section 255 to attach the fixture or make the structural change; and the resident does not attach the fixture, or make the structural change, in accordance with the provider’s agreement.\n(sch.5-sec.23-ssec.2) The provider may— take action for a breach of a term of this agreement; or waive the breach and treat the fixture or structural change as an improvement to the rental premises for the provider’s benefit.\n- (a) the resident attaches a fixture, or makes a structural change, to the rental premises; and\n- (b) the provider’s agreement is given under section 255 to attach the fixture or make the structural change; and\n- (c) the resident does not attach the fixture, or make the structural change, in accordance with the provider’s agreement.\n- (a) take action for a breach of a term of this agreement; or\n- (b) waive the breach and treat the fixture or structural change as an improvement to the rental premises for the provider’s benefit.","sortOrder":438},{"sectionNumber":"sch.5-sec.24","sectionType":"section","heading":"Provider’s right to enter resident’s room— ss 257 – 262","content":"### sch.5-sec.24 Provider’s right to enter resident’s room— ss 257 – 262\n\nThe provider or provider’s agent may enter the resident’s room during this agreement only if the obligations under sections 257 to 262 have been complied with.","sortOrder":439},{"sectionNumber":"sch.5-sec.25","sectionType":"section","heading":"Body corporate by-laws","content":"### sch.5-sec.25 Body corporate by-laws\n\nThe provider must give the resident a copy of any body corporate by-laws applicable to—\nthe occupation of the rental premises; or\nany common area available for use by the resident with the rental premises.\nThe resident must comply with the body corporate by-laws.\nSubclause (1) does not apply if—\nthis agreement has the effect of continuing the resident’s right to occupy the rental premises under an earlier rooming accommodation agreement; and\nthe provider gave the resident a copy of the body corporate by-laws in relation to the earlier agreement.\n(sch.5-sec.25-ssec.1) The provider must give the resident a copy of any body corporate by-laws applicable to— the occupation of the rental premises; or any common area available for use by the resident with the rental premises.\n(sch.5-sec.25-ssec.2) The resident must comply with the body corporate by-laws.\n(sch.5-sec.25-ssec.3) Subclause (1) does not apply if— this agreement has the effect of continuing the resident’s right to occupy the rental premises under an earlier rooming accommodation agreement; and the provider gave the resident a copy of the body corporate by-laws in relation to the earlier agreement.\n- (a) the occupation of the rental premises; or\n- (b) any common area available for use by the resident with the rental premises.\n- (a) this agreement has the effect of continuing the resident’s right to occupy the rental premises under an earlier rooming accommodation agreement; and\n- (b) the provider gave the resident a copy of the body corporate by-laws in relation to the earlier agreement.","sortOrder":440},{"sectionNumber":"sch.5-pt.2-div.7","sectionType":"division","heading":"Pets","content":"## Pets","sortOrder":441},{"sectionNumber":"sch.5-sec.26","sectionType":"section","heading":"Keeping pets and other animals in resident’s room— ss 256B and 256G","content":"### sch.5-sec.26 Keeping pets and other animals in resident’s room— ss 256B and 256G\n\nThe resident may keep a pet or other animal in the resident’s room only with the approval of the provider.\nHowever, the resident may keep a working dog in the resident’s room without the provider’s approval.\nThe resident has the approval of the provider to keep a pet in the resident’s room if keeping the pet in the room is consistent with item 20.\nIf item 20 states 2 cats, the resident is approved by the provider to keep up to 2 cats in the resident’s room.\nFor additional approvals to keep a pet in the resident’s room, see clause 28.\nAn authorisation to keep a pet or working dog in the resident’s room continues for the life of the pet or working dog and is not affected by any of the following matters—\nthe ending of this agreement, if the resident continues occupying the room under a new agreement;\na change in the provider or provider’s agent;\nfor a working dog—the retirement of the dog from the service the dog provided as a working dog.\nAn authorisation to keep a pet, working dog or other animal in the resident’s room may be restricted by a body corporate by-law, house rules or other law about keeping animals at the rental premises.\nThe rental premises may be subject to a local law that limits the number or types of animals that may be kept at the premises.\nThe rental premises may be subject to a body corporate by-law that requires the resident to obtain approval from the body corporate before keeping a pet at the premises.\n(sch.5-sec.26-ssec.1) The resident may keep a pet or other animal in the resident’s room only with the approval of the provider.\n(sch.5-sec.26-ssec.2) However, the resident may keep a working dog in the resident’s room without the provider’s approval.\n(sch.5-sec.26-ssec.3) The resident has the approval of the provider to keep a pet in the resident’s room if keeping the pet in the room is consistent with item 20. If item 20 states 2 cats, the resident is approved by the provider to keep up to 2 cats in the resident’s room. For additional approvals to keep a pet in the resident’s room, see clause 28.\n(sch.5-sec.26-ssec.4) An authorisation to keep a pet or working dog in the resident’s room continues for the life of the pet or working dog and is not affected by any of the following matters— the ending of this agreement, if the resident continues occupying the room under a new agreement; a change in the provider or provider’s agent; for a working dog—the retirement of the dog from the service the dog provided as a working dog.\n(sch.5-sec.26-ssec.5) An authorisation to keep a pet, working dog or other animal in the resident’s room may be restricted by a body corporate by-law, house rules or other law about keeping animals at the rental premises. The rental premises may be subject to a local law that limits the number or types of animals that may be kept at the premises. The rental premises may be subject to a body corporate by-law that requires the resident to obtain approval from the body corporate before keeping a pet at the premises.\n- 1 If item 20 states 2 cats, the resident is approved by the provider to keep up to 2 cats in the resident’s room.\n- 2 For additional approvals to keep a pet in the resident’s room, see clause 28.\n- (a) the ending of this agreement, if the resident continues occupying the room under a new agreement;\n- (b) a change in the provider or provider’s agent;\n- (c) for a working dog—the retirement of the dog from the service the dog provided as a working dog.\n- 1 The rental premises may be subject to a local law that limits the number or types of animals that may be kept at the premises.\n- 2 The rental premises may be subject to a body corporate by-law that requires the resident to obtain approval from the body corporate before keeping a pet at the premises.","sortOrder":442},{"sectionNumber":"sch.5-sec.27","sectionType":"section","heading":"Resident responsible for pets and other animals— s 256C","content":"### sch.5-sec.27 Resident responsible for pets and other animals— s 256C\n\nThe resident is responsible for all nuisance caused by a pet or other animal kept in the resident’s room, including, for example, noise caused by the pet or other animal.\nThe resident is responsible for repairing any damage to the resident’s room or inclusions caused by the pet or other animal.\nDamage to the resident’s room or inclusions caused by the pet or other animal is not fair wear and tear.\n(sch.5-sec.27-ssec.1) The resident is responsible for all nuisance caused by a pet or other animal kept in the resident’s room, including, for example, noise caused by the pet or other animal.\n(sch.5-sec.27-ssec.2) The resident is responsible for repairing any damage to the resident’s room or inclusions caused by the pet or other animal.\n(sch.5-sec.27-ssec.3) Damage to the resident’s room or inclusions caused by the pet or other animal is not fair wear and tear.","sortOrder":443},{"sectionNumber":"sch.5-sec.28","sectionType":"section","heading":"Request for approval to keep pet— ss 256D and 256E","content":"### sch.5-sec.28 Request for approval to keep pet— ss 256D and 256E\n\nThe resident may, using the approved form, request the provider’s approval to keep a stated pet in the resident’s room.\nThe provider must respond to the resident’s request within 14 days after receiving the request.\nThe provider’s response to the request must be in writing and state—\nwhether the provider approves or refuses the resident’s request; and\nif the provider approves the resident’s request subject to conditions—the conditions of the approval; and\nSee clause 29 for limitations on conditions of approval to keep a pet in the resident’s room.\nif the provider refuses the resident’s request—\nthe grounds for the refusal; and\nthe reasons the provider believes the grounds for the refusal apply to the request.\nThe provider may refuse the request for approval to keep a pet in the resident’s room only on 1 or more of the following grounds—\nkeeping the pet would exceed a reasonable number of animals being kept in the room or at the rental premises;\nthe room is unsuitable for keeping the pet because of a lack of appropriate space or other things necessary to humanely accommodate the pet;\nkeeping the pet is likely to cause damage to the room or inclusions that could not practicably be repaired for a cost that is less than the amount of the rental bond for the room;\nkeeping the pet would pose an unacceptable risk to the health and safety of a person, including, for example, because the pet is venomous;\nkeeping the pet would contravene a law;\nkeeping the pet would contravene a body corporate by-law or house rule applying to the rental premises;\nif the provider proposed reasonable conditions for approval and the conditions comply with clause 29—the resident has not agreed to the conditions;\nthe animal stated in the request is not a pet as defined in section 256A ;\nanother ground prescribed by a regulation under section 256E (1) (i) .\nThe provider is taken to approve the keeping of the pet in the resident’s room if—\nthe provider does not comply with subclause (2); or\nthe provider’s response does not comply with subclause (3).\n(sch.5-sec.28-ssec.1) The resident may, using the approved form, request the provider’s approval to keep a stated pet in the resident’s room.\n(sch.5-sec.28-ssec.2) The provider must respond to the resident’s request within 14 days after receiving the request.\n(sch.5-sec.28-ssec.3) The provider’s response to the request must be in writing and state— whether the provider approves or refuses the resident’s request; and if the provider approves the resident’s request subject to conditions—the conditions of the approval; and See clause 29 for limitations on conditions of approval to keep a pet in the resident’s room. if the provider refuses the resident’s request— the grounds for the refusal; and the reasons the provider believes the grounds for the refusal apply to the request.\n(sch.5-sec.28-ssec.4) The provider may refuse the request for approval to keep a pet in the resident’s room only on 1 or more of the following grounds— keeping the pet would exceed a reasonable number of animals being kept in the room or at the rental premises; the room is unsuitable for keeping the pet because of a lack of appropriate space or other things necessary to humanely accommodate the pet; keeping the pet is likely to cause damage to the room or inclusions that could not practicably be repaired for a cost that is less than the amount of the rental bond for the room; keeping the pet would pose an unacceptable risk to the health and safety of a person, including, for example, because the pet is venomous; keeping the pet would contravene a law; keeping the pet would contravene a body corporate by-law or house rule applying to the rental premises; if the provider proposed reasonable conditions for approval and the conditions comply with clause 29—the resident has not agreed to the conditions; the animal stated in the request is not a pet as defined in section 256A ; another ground prescribed by a regulation under section 256E (1) (i) .\n(sch.5-sec.28-ssec.5) The provider is taken to approve the keeping of the pet in the resident’s room if— the provider does not comply with subclause (2); or the provider’s response does not comply with subclause (3).\n- (a) whether the provider approves or refuses the resident’s request; and\n- (b) if the provider approves the resident’s request subject to conditions—the conditions of the approval; and Note— See clause 29 for limitations on conditions of approval to keep a pet in the resident’s room.\n- (c) if the provider refuses the resident’s request— (i) the grounds for the refusal; and (ii) the reasons the provider believes the grounds for the refusal apply to the request.\n- (i) the grounds for the refusal; and\n- (ii) the reasons the provider believes the grounds for the refusal apply to the request.\n- (i) the grounds for the refusal; and\n- (ii) the reasons the provider believes the grounds for the refusal apply to the request.\n- (a) keeping the pet would exceed a reasonable number of animals being kept in the room or at the rental premises;\n- (b) the room is unsuitable for keeping the pet because of a lack of appropriate space or other things necessary to humanely accommodate the pet;\n- (c) keeping the pet is likely to cause damage to the room or inclusions that could not practicably be repaired for a cost that is less than the amount of the rental bond for the room;\n- (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;\n- (e) keeping the pet would contravene a law;\n- (f) keeping the pet would contravene a body corporate by-law or house rule applying to the rental premises;\n- (g) if the provider proposed reasonable conditions for approval and the conditions comply with clause 29—the resident has not agreed to the conditions;\n- (h) the animal stated in the request is not a pet as defined in section 256A ;\n- (i) another ground prescribed by a regulation under section 256E (1) (i) .\n- (a) the provider does not comply with subclause (2); or\n- (b) the provider’s response does not comply with subclause (3).","sortOrder":444},{"sectionNumber":"sch.5-sec.29","sectionType":"section","heading":"Conditions for approval to keep pet in resident’s room— s 256F","content":"### sch.5-sec.29 Conditions for approval to keep pet in resident’s room— s 256F\n\nThe provider’s approval to keep a pet in the resident’s room may be subject to conditions if the conditions—\nrelate only to keeping the pet in the resident’s room; and\nare reasonable having regard to the type of pet, the room and the rental premises; and\nare stated in the written approval given to the resident under clause 28(3).\nWithout limiting subclause (1)(b), the following conditions of the provider’s approval are taken to be reasonable—\na condition requiring the pet generally be kept in the resident’s room;\nif the pet is capable of carrying parasites that could infest the resident’s room—a condition requiring the room to be professionally fumigated at the end of the this agreement;\nif the pet is allowed inside the resident’s room—a condition requiring carpets in the room to be professionally cleaned at the end of this agreement.\nA condition of the provider’s approval to keep a pet in the resident’s room is void if the condition—\nwould have the effect of the provider contravening section 176 or 177 ; or\nwould, as a term of this agreement, be void under section 178 ; or\nwould increase the rent or rental bond payable by the resident; or\nwould require any form of security from the resident.\nFor subclause (2), the resident’s room is professionally fumigated, and carpets are professionally cleaned, if the fumigation and cleaning are done to a standard ordinarily achieved by businesses selling those services.\n(sch.5-sec.29-ssec.1) The provider’s approval to keep a pet in the resident’s room may be subject to conditions if the conditions— relate only to keeping the pet in the resident’s room; and are reasonable having regard to the type of pet, the room and the rental premises; and are stated in the written approval given to the resident under clause 28(3).\n(sch.5-sec.29-ssec.2) Without limiting subclause (1)(b), the following conditions of the provider’s approval are taken to be reasonable— a condition requiring the pet generally be kept in the resident’s room; if the pet is capable of carrying parasites that could infest the resident’s room—a condition requiring the room to be professionally fumigated at the end of the this agreement; if the pet is allowed inside the resident’s room—a condition requiring carpets in the room to be professionally cleaned at the end of this agreement.\n(sch.5-sec.29-ssec.3) A condition of the provider’s approval to keep a pet in the resident’s room is void if the condition— would have the effect of the provider contravening section 176 or 177 ; or would, as a term of this agreement, be void under section 178 ; or would increase the rent or rental bond payable by the resident; or would require any form of security from the resident.\n(sch.5-sec.29-ssec.4) For subclause (2), the resident’s room is professionally fumigated, and carpets are professionally cleaned, if the fumigation and cleaning are done to a standard ordinarily achieved by businesses selling those services.\n- (a) relate only to keeping the pet in the resident’s room; and\n- (b) are reasonable having regard to the type of pet, the room and the rental premises; and\n- (c) are stated in the written approval given to the resident under clause 28(3).\n- (a) a condition requiring the pet generally be kept in the resident’s room;\n- (b) if the pet is capable of carrying parasites that could infest the resident’s room—a condition requiring the room to be professionally fumigated at the end of the this agreement;\n- (c) if the pet is allowed inside the resident’s room—a condition requiring carpets in the room to be professionally cleaned at the end of this agreement.\n- (a) would have the effect of the provider contravening section 176 or 177 ; or\n- (b) would, as a term of this agreement, be void under section 178 ; or\n- (c) would increase the rent or rental bond payable by the resident; or\n- (d) would require any form of security from the resident.","sortOrder":445},{"sectionNumber":"sch.5-pt.2-div.8","sectionType":"division","heading":"When agreement ends","content":"## When agreement ends","sortOrder":446},{"sectionNumber":"sch.5-sec.30","sectionType":"section","heading":"Ending of agreement— s 366","content":"### sch.5-sec.30 Ending of agreement— s 366\n\nThis agreement ends only if—\nthe provider and resident agree, in a separate written document, to end this agreement; or\nthe provider gives the resident a notice requiring the resident to leave the rental premises and the resident leaves the premises; or\nThe notice must comply with chapter 5 , part 2 of the Act .\nthe resident or provider gives a notice terminating the agreement on a stated day; or\nThe notice must comply with chapter 5 , part 2 of the Act .\nthe resident vacates, or is removed from, the rental premises after receiving a notice from a mortgagee or appointed person under section 384 ; or\nthe resident abandons the resident’s room and the period for which the resident has paid rent has ended; or\nSee section 509 for indications the resident has abandoned the resident’s room.\nthe tribunal makes an order terminating this agreement.\nAlso, this agreement ends for a sole resident if—\nthe resident gives the provider a notice ending residency interest and vacates the rental premises; or\nSee chapter 5 , part 2 , division 3 , subdivision 2A of the Act for the obligations of the resident and provider relating to a notice ending residency interest.\nthe resident dies.\nSee section 387A for when this agreement ends if a sole resident dies.\n(sch.5-sec.30-ssec.1) This agreement ends only if— the provider and resident agree, in a separate written document, to end this agreement; or the provider gives the resident a notice requiring the resident to leave the rental premises and the resident leaves the premises; or The notice must comply with chapter 5 , part 2 of the Act . the resident or provider gives a notice terminating the agreement on a stated day; or The notice must comply with chapter 5 , part 2 of the Act . the resident vacates, or is removed from, the rental premises after receiving a notice from a mortgagee or appointed person under section 384 ; or the resident abandons the resident’s room and the period for which the resident has paid rent has ended; or See section 509 for indications the resident has abandoned the resident’s room. the tribunal makes an order terminating this agreement.\n(sch.5-sec.30-ssec.2) Also, this agreement ends for a sole resident if— the resident gives the provider a notice ending residency interest and vacates the rental premises; or See chapter 5 , part 2 , division 3 , subdivision 2A of the Act for the obligations of the resident and provider relating to a notice ending residency interest. the resident dies. See section 387A for when this agreement ends if a sole resident dies.\n- (a) the provider and resident agree, in a separate written document, to end this agreement; or\n- (b) the provider gives the resident a notice requiring the resident to leave the rental premises and the resident leaves the premises; or Note— The notice must comply with chapter 5 , part 2 of the Act .\n- (c) the resident or provider gives a notice terminating the agreement on a stated day; or Note— The notice must comply with chapter 5 , part 2 of the Act .\n- (d) the resident vacates, or is removed from, the rental premises after receiving a notice from a mortgagee or appointed person under section 384 ; or\n- (e) the resident abandons the resident’s room and the period for which the resident has paid rent has ended; or Note— See section 509 for indications the resident has abandoned the resident’s room.\n- (f) the tribunal makes an order terminating this agreement.\n- (a) the resident gives the provider a notice ending residency interest and vacates the rental premises; or Note— See chapter 5 , part 2 , division 3 , subdivision 2A of the Act for the obligations of the resident and provider relating to a notice ending residency interest.\n- (b) the resident dies. Note— See section 387A for when this agreement ends if a sole resident dies.","sortOrder":447},{"sectionNumber":"sch.5-sec.31","sectionType":"section","heading":"Condition room must be left in— s 253","content":"### sch.5-sec.31 Condition room must be left in— s 253\n\nAt the end of this agreement, the resident must leave the resident’s room and inclusions, as far as possible, in the same condition they were in at the start of this agreement, fair wear and tear excepted.\nwear that happens during normal use\nchanges that happen with ageing\nThe resident’s obligation mentioned in subclause (1) does not apply to the extent the obligation would have the effect of requiring the resident to repair, or compensate the provider for, damage to the resident’s room or inclusions caused by an act of domestic violence experienced by the resident.\n(sch.5-sec.31-ssec.1) At the end of this agreement, the resident must leave the resident’s room and inclusions, as far as possible, in the same condition they were in at the start of this agreement, fair wear and tear excepted. wear that happens during normal use changes that happen with ageing\n(sch.5-sec.31-ssec.2) The resident’s obligation mentioned in subclause (1) does not apply to the extent the obligation would have the effect of requiring the resident to repair, or compensate the provider for, damage to the resident’s room or inclusions caused by an act of domestic violence experienced by the resident.\n- • wear that happens during normal use\n- • changes that happen with ageing","sortOrder":448},{"sectionNumber":"sch.5-sec.32","sectionType":"section","heading":"Keys","content":"### sch.5-sec.32 Keys\n\nAt the end of this agreement, the resident must return to the provider all keys for the resident’s room and the rental premises.","sortOrder":449},{"sectionNumber":"sch.5-sec.33","sectionType":"section","heading":"Goods or money left behind in rental premises— ss 392 and 393","content":"### sch.5-sec.33 Goods or money left behind in rental premises— ss 392 and 393\n\nThe resident must take all of the residents belongings from the rental premises at the end of this agreement.\nThe provider must not treat belongings left behind as the provider’s own property but must deal with them under sections 392 and 393 .\n(sch.5-sec.33-ssec.1) The resident must take all of the residents belongings from the rental premises at the end of this agreement.\n(sch.5-sec.33-ssec.2) The provider must not treat belongings left behind as the provider’s own property but must deal with them under sections 392 and 393 .","sortOrder":450},{"sectionNumber":"sch.5-pt.2-div.9","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":451},{"sectionNumber":"sch.5-sec.34","sectionType":"section","heading":"Supply of goods and services— s 176","content":"### sch.5-sec.34 Supply of goods and services— s 176\n\nThe provider or provider’s agent must not require the resident to buy goods or services from the provider, the provider’s agent or a person nominated by the provider or provider’s agent.\nSubclause (1) does not apply to—\na requirement about a food service, personal care service or utility service; or\na condition of an approval to keep a pet in the resident’s room if the condition—\nrequires the carpets in the room to be cleaned, or the room to be fumigated, at the end of this agreement; and\ncomplies with clause 29; and\ndoes not require the resident to buy cleaning or fumigation services from a particular person or business.\n(sch.5-sec.34-ssec.1) The provider or provider’s agent must not require the resident to buy goods or services from the provider, the provider’s agent or a person nominated by the provider or provider’s agent.\n(sch.5-sec.34-ssec.2) Subclause (1) does not apply to— a requirement about a food service, personal care service or utility service; or a condition of an approval to keep a pet in the resident’s room if the condition— requires the carpets in the room to be cleaned, or the room to be fumigated, at the end of this agreement; and complies with clause 29; and does not require the resident to buy cleaning or fumigation services from a particular person or business.\n- (a) a requirement about a food service, personal care service or utility service; or\n- (b) a condition of an approval to keep a pet in the resident’s room if the condition— (i) requires the carpets in the room to be cleaned, or the room to be fumigated, at the end of this agreement; and (ii) complies with clause 29; and (iii) does not require the resident to buy cleaning or fumigation services from a particular person or business.\n- (i) requires the carpets in the room to be cleaned, or the room to be fumigated, at the end of this agreement; and\n- (ii) complies with clause 29; and\n- (iii) does not require the resident to buy cleaning or fumigation services from a particular person or business.\n- (i) requires the carpets in the room to be cleaned, or the room to be fumigated, at the end of this agreement; and\n- (ii) complies with clause 29; and\n- (iii) does not require the resident to buy cleaning or fumigation services from a particular person or business.","sortOrder":452},{"sectionNumber":"sch.5-sec.35","sectionType":"section","heading":"Provider’s agent— s 248","content":"### sch.5-sec.35 Provider’s agent— s 248\n\nThe name and address for service of the provider’s agent is stated in item 3.\nUnless a special term provides otherwise, the provider’s agent may—\nstand in the provider’s place in any application to the tribunal by the provider or the resident; or\ndo any thing else the provider may do, or is required to do, under this agreement.\nSee also sections 24 and 25 .\n(sch.5-sec.35-ssec.1) The name and address for service of the provider’s agent is stated in item 3.\n(sch.5-sec.35-ssec.2) Unless a special term provides otherwise, the provider’s agent may— stand in the provider’s place in any application to the tribunal by the provider or the resident; or do any thing else the provider may do, or is required to do, under this agreement.\n- (a) stand in the provider’s place in any application to the tribunal by the provider or the resident; or\n- (b) do any thing else the provider may do, or is required to do, under this agreement.","sortOrder":453},{"sectionNumber":"sch.5-sec.36","sectionType":"section","heading":"Notices","content":"### sch.5-sec.36 Notices\n\nA notice under this agreement must be written and, if there is an approved form for the notice, in the approved form.\nA notice from the resident to the provider may be given to the provider’s agent.\nA notice may be given to a relevant party—\nby giving it to the relevant party personally; or\nif an address for service for the relevant party is stated in item 1, 2, 3 or 4—by leaving it at the address or sending it by prepaid post as a letter to the address; or\nif an electronic address for a type of electronic communication for the relevant party is stated in item 1, 2, 3 or 4 and item 5 indicates that a notice may be given by that type of electronic communication—by sending it by electronic communication to the electronic address in accordance with the Electronic Transactions (Queensland) Act 2001 .\nemail, facsimile, text message\nIf no address for service is stated in item 2 for the resident, the resident’s address for service is taken to be the address of the rental premises.\nA relevant party may change their address for service or electronic address only by giving notice to each other relevant party of their new address for service or a new electronic address.\nOn the giving of a notice of a new address for service or new electronic address for a relevant party, the address for service or electronic address stated in the notice is taken to be the relevant party’s address for the relevant item in this agreement.\nA relevant party may withdraw their consent to notices being given to them by electronic communication, or to a specific electronic address, only by giving notice to each other relevant party that notices are no longer to be given to the relevant party electronically, or to that electronic address.\nUnless the contrary is proved—\na notice left at an address for service is taken to have been received by the person to whom the address relates when the notice was left at the address; and\na 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\na notice sent by electronic communication to an electronic address is taken to have been received by the recipient—\nif the type of electronic communication is email— when the email enters the recipient’s email server; or\nif the type of electronic communication is facsimile—when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; or\notherwise—at the time stated in the Electronic Transactions (Queensland) Act 2001 , section 24 .\nIn this clause—\nrelevant party means—\nthe provider; or\nthe resident; or\nif there is an agent of the provider—the provider’s agent; or\nif there is a representative for the resident—the representative.\nrepresentative means a person acting for the resident under section 525 (1) (c) .\n(sch.5-sec.36-ssec.1) A notice under this agreement must be written and, if there is an approved form for the notice, in the approved form.\n(sch.5-sec.36-ssec.2) A notice from the resident to the provider may be given to the provider’s agent.\n(sch.5-sec.36-ssec.3) A notice may be given to a relevant party— by giving it to the relevant party personally; or if an address for service for the relevant party is stated in item 1, 2, 3 or 4—by leaving it at the address or sending it by prepaid post as a letter to the address; or if an electronic address for a type of electronic communication for the relevant party is stated in item 1, 2, 3 or 4 and item 5 indicates that a notice may be given by that type of electronic communication—by sending it by electronic communication to the electronic address in accordance with the Electronic Transactions (Queensland) Act 2001 . email, facsimile, text message\n(sch.5-sec.36-ssec.4) If no address for service is stated in item 2 for the resident, the resident’s address for service is taken to be the address of the rental premises.\n(sch.5-sec.36-ssec.5) A relevant party may change their address for service or electronic address only by giving notice to each other relevant party of their new address for service or a new electronic address.\n(sch.5-sec.36-ssec.6) On the giving of a notice of a new address for service or new electronic address for a relevant party, the address for service or electronic address stated in the notice is taken to be the relevant party’s address for the relevant item in this agreement.\n(sch.5-sec.36-ssec.7) A relevant party may withdraw their consent to notices being given to them by electronic communication, or to a specific electronic address, only by giving notice to each other relevant party that notices are no longer to be given to the relevant party electronically, or to that electronic address.\n(sch.5-sec.36-ssec.8) Unless the contrary is proved— a notice left at an address for service is taken to have been received by the person to whom the address relates when the notice was left at the address; and 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 a notice sent by electronic communication to an electronic address is taken to have been received by the recipient— if the type of electronic communication is email— when the email enters the recipient’s email server; or if the type of electronic communication is facsimile—when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; or otherwise—at the time stated in the Electronic Transactions (Queensland) Act 2001 , section 24 .\n(sch.5-sec.36-ssec.9) In this clause— relevant party means— the provider; or the resident; or if there is an agent of the provider—the provider’s agent; or if there is a representative for the resident—the representative. representative means a person acting for the resident under section 525 (1) (c) .\n- (a) by giving it to the relevant party personally; or\n- (b) if an address for service for the relevant party is stated in item 1, 2, 3 or 4—by leaving it at the address or sending it by prepaid post as a letter to the address; or\n- (c) if an electronic address for a type of electronic communication for the relevant party is stated in item 1, 2, 3 or 4 and item 5 indicates that a notice may be given by that type of electronic communication—by sending it by electronic communication to the electronic address in accordance with the Electronic Transactions (Queensland) Act 2001 . Examples of types of electronic communication— email, facsimile, text message\n- (a) a notice left at an address for service is taken to have been received by the person to whom the address relates when the notice was left at the address; and\n- (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\n- (c) a notice sent by electronic communication to an electronic address is taken to have been received by the recipient— (i) if the type of electronic communication is email— when the email enters the recipient’s email server; or (ii) if the type of electronic communication is facsimile—when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; or (iii) otherwise—at the time stated in the Electronic Transactions (Queensland) Act 2001 , section 24 .\n- (i) if the type of electronic communication is email— when the email enters the recipient’s email server; or\n- (ii) if the type of electronic communication is facsimile—when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; or\n- (iii) otherwise—at the time stated in the Electronic Transactions (Queensland) Act 2001 , section 24 .\n- (i) if the type of electronic communication is email— when the email enters the recipient’s email server; or\n- (ii) if the type of electronic communication is facsimile—when the sender’s facsimile machine produces a transmission report indicating all pages of the notice have been successfully sent; or\n- (iii) otherwise—at the time stated in the Electronic Transactions (Queensland) Act 2001 , section 24 .\n- (a) the provider; or\n- (b) the resident; or\n- (c) if there is an agent of the provider—the provider’s agent; or\n- (d) if there is a representative for the resident—the representative.","sortOrder":454},{"sectionNumber":"sch.6-pt.1","sectionType":"part","heading":"Safety and security","content":"# Safety and security","sortOrder":455},{"sectionNumber":"sch.6-sec.1","sectionType":"section","heading":"Weatherproof and structurally sound","content":"### sch.6-sec.1 Weatherproof and structurally sound\n\nPremises must be weatherproof, structurally sound and in good repair.\nPremises are not weatherproof if the roofing or windows of the premises do not prevent water entering the premises when it rains.\nWithout limiting subsection (1) , premises are not structurally sound if—\na floor, wall, ceiling or roof is likely to collapse because of rot or a defect; or\na deck or stairs are likely to collapse because of rot or a defect; or\na floor, wall or ceiling or other supporting structure is affected by significant dampness; or\nthe condition of the premises is likely to cause damage to an occupant’s personal property.\n(sch.6-sec.1-ssec.1) Premises must be weatherproof, structurally sound and in good repair.\n(sch.6-sec.1-ssec.2) Premises are not weatherproof if the roofing or windows of the premises do not prevent water entering the premises when it rains.\n(sch.6-sec.1-ssec.3) Without limiting subsection (1) , premises are not structurally sound if— a floor, wall, ceiling or roof is likely to collapse because of rot or a defect; or a deck or stairs are likely to collapse because of rot or a defect; or a floor, wall or ceiling or other supporting structure is affected by significant dampness; or the condition of the premises is likely to cause damage to an occupant’s personal property.\n- (a) a floor, wall, ceiling or roof is likely to collapse because of rot or a defect; or\n- (b) a deck or stairs are likely to collapse because of rot or a defect; or\n- (c) a floor, wall or ceiling or other supporting structure is affected by significant dampness; or\n- (d) the condition of the premises is likely to cause damage to an occupant’s personal property.","sortOrder":456},{"sectionNumber":"sch.6-sec.2","sectionType":"section","heading":"Fixtures and fittings","content":"### sch.6-sec.2 Fixtures and fittings\n\nThe fixtures and fittings, including electrical appliances, for premises—\nmust be in good repair; and\ntaps and showerheads do not leak\ntaps operate to turn water off and on\nmust not be likely to cause injury to a person through the ordinary use of the fixtures and fittings.\n- (a) must be in good repair; and Examples for paragraph (a) — • taps and showerheads do not leak • taps operate to turn water off and on\n- • taps and showerheads do not leak\n- • taps operate to turn water off and on\n- (b) must not be likely to cause injury to a person through the ordinary use of the fixtures and fittings.\n- • taps and showerheads do not leak\n- • taps operate to turn water off and on","sortOrder":457},{"sectionNumber":"sch.6-sec.3","sectionType":"section","heading":"Locks on windows and doors","content":"### sch.6-sec.3 Locks on windows and doors\n\nPremises let, or to be let, under a residential tenancy agreement must have a functioning lock or latch fitted to all external windows and doors to secure the premises against unauthorised entry.\nPremises in which rooming accommodation is, or is to be, provided under a rooming accommodation agreement must have a functioning lock or latch fitted to all windows and doors of a resident’s room to secure the room against unauthorised entry.\nSubsections (1) and (2) apply only to the windows and doors that a person outside the premises or room could access without having to use a ladder.\n(sch.6-sec.3-ssec.1) Premises let, or to be let, under a residential tenancy agreement must have a functioning lock or latch fitted to all external windows and doors to secure the premises against unauthorised entry.\n(sch.6-sec.3-ssec.2) Premises in which rooming accommodation is, or is to be, provided under a rooming accommodation agreement must have a functioning lock or latch fitted to all windows and doors of a resident’s room to secure the room against unauthorised entry.\n(sch.6-sec.3-ssec.3) Subsections (1) and (2) apply only to the windows and doors that a person outside the premises or room could access without having to use a ladder.","sortOrder":458},{"sectionNumber":"sch.6-sec.4","sectionType":"section","heading":"Vermin, damp and mould","content":"### sch.6-sec.4 Vermin, damp and mould\n\nPremises must be free of vermin, damp and mould.\nSubsection (1) does not apply to vermin, damp or mould caused by the tenant, including, for example, caused by a failure of the tenant to use an exhaust fan installed at the premises.\n(sch.6-sec.4-ssec.1) Premises must be free of vermin, damp and mould.\n(sch.6-sec.4-ssec.2) Subsection (1) does not apply to vermin, damp or mould caused by the tenant, including, for example, caused by a failure of the tenant to use an exhaust fan installed at the premises.","sortOrder":459},{"sectionNumber":"sch.6-sec.5","sectionType":"section","heading":"Privacy","content":"### sch.6-sec.5 Privacy\n\nPremises must have privacy coverings for windows in all rooms in which tenants or residents are reasonably likely to expect privacy, including, for example, bedrooms.\nPrivacy coverings for windows include any of the following—\nblinds;\ncurtains;\ntinting;\nglass frosting.\nSubsection (1) does not apply to a window of a room if a line of sight between a person outside the premises and a person inside the room is obstructed by a fence, hedge, tree or other feature of the property.\n(sch.6-sec.5-ssec.1) Premises must have privacy coverings for windows in all rooms in which tenants or residents are reasonably likely to expect privacy, including, for example, bedrooms.\n(sch.6-sec.5-ssec.2) Privacy coverings for windows include any of the following— blinds; curtains; tinting; glass frosting.\n(sch.6-sec.5-ssec.3) Subsection (1) does not apply to a window of a room if a line of sight between a person outside the premises and a person inside the room is obstructed by a fence, hedge, tree or other feature of the property.\n- (a) blinds;\n- (b) curtains;\n- (c) tinting;\n- (d) glass frosting.","sortOrder":460},{"sectionNumber":"sch.6-pt.2","sectionType":"part","heading":"Reasonable functionality","content":"# Reasonable functionality","sortOrder":461},{"sectionNumber":"sch.6-sec.6","sectionType":"section","heading":"Plumbing and drainage","content":"### sch.6-sec.6 Plumbing and drainage\n\nPremises must—\nhave adequate plumbing and drainage for the number of persons occupying the premises; and\nbe connected to a water supply service or other infrastructure that supplies hot and cold water suitable for drinking.\n- (a) have adequate plumbing and drainage for the number of persons occupying the premises; and\n- (b) be connected to a water supply service or other infrastructure that supplies hot and cold water suitable for drinking.","sortOrder":462},{"sectionNumber":"sch.6-sec.7","sectionType":"section","heading":"Bathrooms and toilets","content":"### sch.6-sec.7 Bathrooms and toilets\n\nThe bathroom and toilet facilities at premises must provide the user with privacy.\nEach toilet must—\nfunction as designed, including flushing and refilling; and\nbe connected to a sewer, septic system or other waste disposal system.\n(sch.6-sec.7-ssec.1) The bathroom and toilet facilities at premises must provide the user with privacy.\n(sch.6-sec.7-ssec.2) Each toilet must— function as designed, including flushing and refilling; and be connected to a sewer, septic system or other waste disposal system.\n- (a) function as designed, including flushing and refilling; and\n- (b) be connected to a sewer, septic system or other waste disposal system.","sortOrder":463},{"sectionNumber":"sch.6-sec.8","sectionType":"section","heading":"Kitchen","content":"### sch.6-sec.8 Kitchen\n\nA kitchen, if included, must include a functioning cooktop.","sortOrder":464},{"sectionNumber":"sch.6-sec.9","sectionType":"section","heading":"Laundry","content":"### sch.6-sec.9 Laundry\n\nA laundry, if included, must include the fixtures required to provide a functional laundry other than whitegoods.","sortOrder":465}],"analysis":{"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.4(d)","severity":"medium","reasoning":"The provision requires disclosure of pets 'if approved by the lessor' as part of the application form submitted before the lessor has made any approval decision. This creates a circular impossibility: approval cannot precede the application, yet the form requires disclosure of approved pets at application stage. The condition precedent (approval) cannot logically be satisfied at the point of compliance.","confidence":0.82,"description":"The application form requires disclosure of the 'number and type of any pets intended to be kept at the premises if approved by the lessor'. The approval condition is logically inverted — at the application stage, lessor approval has not yet been given, making it impossible to disclose approved pets. The prospective tenant cannot know which pets will be approved before submitting the application that triggers the approval process."},{"type":"impossible_compliance","section":"sec.32(1)(a)","severity":"high","reasoning":"Applying the prescribed formula AV = (FF + (2 x HF)) / 3: with FF = 6.5L and HF = 3.5L, AV = (6.5 + 7.0) / 3 = 13.5 / 3 = 4.5L. This exceeds the prescribed maximum average of 4L. Therefore a toilet operating at the maximum individual flush volumes permitted by s32(1)(a)(i) would fail s32(1)(a)(ii). The three sub-conditions cannot all be simultaneously satisfied at their boundary values, creating an internal mathematical contradiction.","confidence":0.95,"description":"The water efficiency requirements for dual flush toilets set a maximum of 6.5L full flush and 3.5L half flush, and an average flush volume of not more than 4L. Using the prescribed formula (FF + (2 x HF)) / 3 with maximum values of 6.5L and 3.5L yields an average of (6.5 + 7.0) / 3 = 4.5L, which exceeds the 4L average flush limit. A toilet at the maximum permitted individual flush volumes would automatically fail the average flush volume requirement, making simultaneous compliance with all three numerical standards mathematically impossible in many cases."},{"type":"other","section":"sec.34(2)","severity":"low","reasoning":"The fee cap is intended to protect tenants from excessive fees, but tying the cap to the advertised price (rather than a market valuation or actual sale price) means the lessor controls the calculation base. This is a logical absurdity in a protective provision — the protected party has no ability to contest the base figure used to calculate the maximum charge.","confidence":0.72,"description":"For an 'attempted sale' of a caravan, the lessor's fee cap is calculated as 4% of 'the price the caravan is advertised for sale'. The advertised price is set unilaterally by the seller/lessor, meaning the lessor can manipulate the fee base by inflating the advertised price. This renders the cap ineffective as a consumer protection measure and creates a perverse incentive to advertise at inflated prices."},{"type":"impossible_compliance","section":"sec.22(3)(b)","severity":"low","reasoning":"The provision assumes ongoing availability of the former tenancy agreement after tenancy termination. There is no obligation elsewhere in the regulation requiring retention of agreements for a period sufficient to cover the storage and sale process. Where the lessor did not prepare the agreement or no longer holds it, this prescribed 'reasonable effort' step may be structurally impossible.","confidence":0.6,"description":"The 'reasonable efforts' to contact the owner of goods include 'attempting to contact an emergency contact listed on the owner's former residential tenancy agreement'. However, the goods left on premises scenario arises after the tenancy has ended, and the lessor or person conducting the auction may not have access to the former tenancy agreement or the emergency contact details it contains, making this a practically unachievable step in many circumstances where the agreement was not retained."},{"type":"other","section":"sec.44(3)","severity":"low","reasoning":"The phrase 'section 27(2) of continues' is grammatically incoherent. While the legislative intent is reasonably discernible, a court could find the provision ambiguous as to whether it refers to the expired regulation's section 27(2) or some other instrument. The word 'of' without an object creates syntactic uncertainty.","confidence":0.88,"description":"Section 44(3) contains an apparent drafting error: 'The amount prescribed by the expired regulation, section 27(2) of continues to apply...' — the word 'of' appears to be a typographical remnant creating grammatically incomplete and potentially unenforceable text."},{"type":"other","section":"sec.17(1)","severity":"medium","reasoning":"The provision creates a formalistic void where genuine agreements are stripped of their standard terms for technical non-compliance with numbering/ordering. Given that section 17(2) permits decimal numbering as an alternative, the threshold for non-compliance is unclear at the margins, and the consequence (no standard terms) is disproportionate to trivial formatting deviations.","confidence":0.65,"description":"Section 17 provides that a document is 'taken not to include' the standard terms if numbering or ordering differs from the schedule. This creates a situation where a document that is clearly a residential tenancy agreement (signed, dated, parties named, with all substantive terms present) is legally treated as having no standard terms simply due to a formatting or numbering discrepancy. This could cause an agreement that is substantively complete and fair to be treated as lacking mandatory protections, potentially harming tenants."},{"type":"circular_definition","section":"sch.1-sec.10-oc.2(6)(c)","severity":"low","reasoning":"Paragraph (c) conditions compliance on paragraph (b), but paragraph (b) is already a standalone condition in subsection (6). Requiring 'compliance with paragraph (b)' as a separate condition (c) when (b) is itself a conjunctive condition creates redundant circularity with no additional legal effect.","confidence":0.7,"description":"Clause 10(6)(c) of Schedule 1 states the rent increase in a fixed term agreement 'is made in compliance with the matters mentioned in paragraph (b)'. Paragraph (b) states 'this agreement states the amount of the increase or how the amount of the increase is to be worked out'. This creates a self-referential compliance requirement — paragraph (c) requires compliance with paragraph (b), which is itself a condition for the increase being permitted. The circularity means paragraph (c) adds no independent content to the provision."}],"contradictions":[{"severity":"high","section_a":"sec.32(1)(a)(i)","section_b":"sec.32(1)(a)(ii)","confidence":0.95,"description":"Section 32(1)(a)(i) permits a maximum of 6.5L for full flush and 3.5L for half flush. Section 32(1)(a)(ii) requires an average flush volume of not more than 4L. Using the formula in s32(2) — AV = (FF + (2 x HF)) / 3 — the maximum permitted flush volumes yield an average of 4.5L, which exceeds the 4L cap in s32(1)(a)(ii). A toilet complying with s32(1)(a)(i) at its maximum values cannot simultaneously comply with s32(1)(a)(ii)."},{"severity":"medium","section_a":"sec.8(1)(b)","section_b":"sec.42(5)(a)","confidence":0.72,"description":"Section 8(1)(b) excludes from part 3 any 'residential tenancy agreement that is not in writing', meaning the standard terms provisions do not apply to oral agreements. However, section 42(5)(a) defines 'existing agreement' as 'a residential tenancy agreement in effect immediately before the commencement' without excluding oral agreements. Section 42(2) then applies the existing terms (from the expired regulation) to such existing agreements as standard terms under the Act. This potentially applies standard terms to oral agreements via the transitional provision, contradicting the express exclusion in section 8."},{"severity":"low","section_a":"sec.25(2)","section_b":"sec.26","confidence":0.6,"description":"Section 25(2) states a reason for listing in a tenancy database applies 'only if the amount owed is more than' the minimum prescribed amount plus any tenancy guarantee amount. Section 26 provides a reason based on the tenant failing to comply with a breach notice for unpaid rent and still owing 'all or some of the amount'. Section 26(c) requires only that 'all or some' of the amount is owed, potentially including amounts as low as $1, while section 25 imposes a threshold minimum. The phrase 'all or some' in section 26(c) appears to permit listing for any residual debt regardless of size, which conflicts with the threshold filter in section 25 that is meant to apply to all division 2 reasons."},{"severity":"low","section_a":"sec.38","section_b":"sec.39","confidence":0.55,"description":"Sections 38 and 39 purport to define, for Act s478(1)(a) and s478(3) respectively, when a 'person is related to a director' and when a 'director is related to a person'. Both sections contain identical subclauses (b), (c) and (d) — meaning the relational tests are symmetrical. However, subsection (a) differs: s38(a) states the person 'is, or has been, the director's spouse' while s39(a) states the director 'is, or has been, the person's spouse'. These are logically equivalent and the structural distinction between the two sections implies a different legal meaning is intended for s478(1)(a) versus s478(3), but no substantive difference is achieved. This creates interpretive confusion about whether the legislature intended different outcomes for each direction of the relationship."},{"severity":"medium","section_a":"sec.45(1)","section_b":"sec.19","confidence":0.68,"description":"Section 45(1) states that the old schedule 5 house rules from the expired regulation are taken to be prescribed house rules 'without limiting section 19 and schedule 7'. Section 19 prescribes schedule 7 as the house rules. During the transition period (until 31 August 2026), both the old schedule 5 rules and the new schedule 7 rules apply simultaneously as prescribed house rules for rental premises. If these two sets of rules contain conflicting provisions, there is no mechanism in the regulation for resolving the conflict, and providers/tenants face uncertainty about which rules govern."}]},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"This regulation is a direct replacement for the Residential Tenancies and Rooming Accommodation Regulation 2009, updating and modernising its content while maintaining the same overall scope and purpose. The subject matter remains consistent: rental application requirements, standard lease terms, minimum housing standards, goods left on premises, tenancy database listing rules, and miscellaneous operational provisions. The core scope has not materially expanded — new provisions (such as banning application fees and updated domestic violence evidence categories) reflect amendments already made to the parent Act rather than a broadening of the regulation's own scope."},"complexity_factors":["Multiple parallel legal frameworks operating simultaneously (residential tenancy, moveable dwelling, State tenancy, community housing, rooming accommodation) — each with separate schedules and rules","Heavy reliance on cross-references to the parent Act (Residential Tenancies and Rooming Accommodation Act 2008) and multiple schedules not fully reproduced, making the regulation difficult to read in isolation","Transitional provisions requiring readers to understand both the new (2025) and old (2009) regulations and when each applies","Technical financial thresholds and formulas (e.g., water efficiency average flush volume calculation, rental bond threshold calculations for tenancy database listings)","Layered numbering and formatting requirements for lease agreements — with legal consequences (standard terms deemed excluded) if ordering or numbering is wrong","Interaction with multiple other pieces of legislation including domestic violence laws, family law, Heavy Vehicle National Law, and Health Practitioner Regulation National Law","Community housing provider agreement provisions involve complex transitional arrangements between State tenancy agreements and new provider agreements","Definitions of related persons (for directors and employees) involve nuanced dependency and financial benefit tests"],"plain_english_summary":"## Queensland Residential Tenancies and Rooming Accommodation Regulation 2025\n\n**What is this?**\nThis is a Queensland regulation (a type of detailed law that fills in the specifics under a broader Act) that governs the rental market — covering everything from applying for a rental property to what happens when a tenant leaves goods behind. It commences on 1 September 2025 and replaces the 2009 version of the same regulation.\n\n**Who does it affect?**\n- **Renters (tenants and rooming accommodation residents)** — anyone renting a house, unit, or room in Queensland\n- **Landlords (lessors) and property managers/agents**\n- **Rooming accommodation providers** (e.g., boarding houses)\n- **Community housing providers** (organisations providing subsidised housing)\n- **State government tenants** (people renting from the government)\n\n---\n\n### Key things this regulation does:\n\n**1. Rental applications**\n- Sets out what information landlords can lawfully ask for on a rental application form — including date of birth, number of occupants, pets, and types of vehicles.\n- **Importantly:** Landlords *cannot* require you to pay a fee (e.g., for a background check or to use an online platform) just to submit a rental application. Requiring payment is a \"restricted way\" — meaning it's banned.\n- If you can't provide employment/income details, you can instead describe your financial ability to pay rent — but the landlord *cannot* demand your bank account transaction history.\n\n**2. Standard lease terms**\n- Different types of tenancy agreements (standard rentals, moveable dwellings like caravans, government housing, community housing, and rooming accommodation) each have their own set of standard terms — the basic rules that automatically apply to every lease of that type.\n- These standard terms cover things like: rent amounts and payment methods, bond (security deposit), repairs, entry by the landlord, rent increases (only once every 12 months, with 2 months' notice), pets, ending the tenancy, and more.\n- **The order and numbering of clauses in a lease matters** — if they're scrambled or reordered, the standard terms are legally treated as if they were never included.\n\n**3. Minimum housing standards**\n- Rental properties must meet minimum physical standards (detailed in Schedule 6, which is referenced but not fully reproduced here).\n- Rent cannot be increased just because the landlord makes repairs to meet these minimum standards.\n\n**4. Goods left behind**\n- If a tenant leaves belongings behind after moving out:\n  - The landlord can sell or dispose of goods worth more than **$2,500** (or **$5,000** for moveable dwelling park sites).\n  - The landlord must store goods for **1 month** (or **2 months** for caravan contents) before disposing of them.\n  - Before auctioning goods, the landlord must make reasonable efforts to contact the former tenant (phone, text, email, social media, emergency contacts, or a notice in an online newspaper).\n\n**5. Tenancy databases (blacklists)**\n- A landlord can only list a former tenant on a tenancy database (a rental \"blacklist\") for specific reasons:\n  - Unpaid rent (where the tenant was given notice to fix the breach and didn't)\n  - Amounts owed under a tribunal order or conciliation agreement (a formal dispute resolution process)\n  - Abandoning the property and owing money\n  - Being evicted for seriously offensive/objectionable behaviour\n  - Being evicted for repeated breaches of the lease\n- There is a minimum debt threshold — the amount owed must exceed the bond paid (or one week's rent if no bond was paid).\n\n**6. Water efficiency**\n- If a landlord wants to charge tenants for water usage, the property must have water-efficient fixtures:\n  - Toilets: dual flush (max 6.5L full flush, 3.5L half flush, average under 4L)\n  - Shower heads and taps: maximum flow rate of 9 litres per minute\n\n**7. Domestic violence protections**\n- Tenants experiencing domestic violence can end their tenancy early using supporting evidence such as protection orders, police notices, court injunctions, or a report signed by a doctor, nurse, social worker, solicitor, or crisis worker.\n\n**8. Caravan sales**\n- If a landlord helps a tenant sell a caravan, the maximum fee they can charge is **4% of the sale price**.\n\n**9. House rules for rooming accommodation**\n- Specific house rules for rooming accommodation (like boarding houses) are set out in Schedule 7.\n\n**10. Transitional rules**\n- Leases already in force before 1 September 2025 continue under their existing terms (from the old 2009 regulation), as long as those terms don't contradict the Act.\n- Goods left behind under agreements that ended before 1 September 2025 are handled under the old rules."},"kimi_summary":{"_metrics":{"completionTokens":958},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The regulation appears consistent with its original purpose of prescribing standard terms and operational details for residential tenancies. The 2025 version updates and replaces the 2009 regulation without significant expansion beyond the established scope of tenancy administration."},"complexity_factors":["Five separate schedule structures with different standard terms for different tenancy types","Extensive cross-referencing to the Residential Tenancies and Rooming Accommodation Act 2008","Detailed formatting requirements for agreements (order, numbering, decimal systems)","Multiple conditional exceptions and nested subclauses (e.g., water efficiency calculations, bond increase timing)","Transitional provisions creating parallel application of old and new rules","Defined terms scattered across sections and schedules","Complex domestic violence evidence requirements with multiple document types","Specific monetary thresholds with different values for different scenarios"],"plain_english_summary":"This is a Queensland regulation that sets out detailed rules for residential tenancies and rooming accommodation, replacing the 2009 version from 1 September 2025.\n\n**What it does:**\n\n**1. Application requirements (Sections 4-7)**\n- Prescribes what information landlords can request on tenancy applications: date of birth, number of occupants (including children under 18), pets, and vehicles (boats, caravans, cars, heavy vehicles, trailers)\n- Bans \"restricted ways\" of submitting applications that require payment — specifically prohibiting fees for background checks or using particular online platforms\n\n**2. Standard tenancy terms (Sections 9-17, Schedules 1-5)**\n- Creates five different agreement templates with mandatory standard terms:\n  - **General tenancies** (Schedule 1): standard houses/units\n  - **Moveable dwelling tenancies** (Schedule 2): caravans, mobile homes in parks\n  - **State tenancies** (Schedule 3): public housing\n  - **Community housing provider tenancies** (Schedule 4): social housing transfers\n  - **Rooming accommodation** (Schedule 5): boarding houses, shared accommodation\n- Strict rules about agreement formatting — agreements don't include standard terms if the order or numbering differs from the schedules\n\n**3. Minimum housing standards (Section 18, Schedule 6)**\n- References separate standards in Schedule 6 for safety and livability\n\n**4. House rules (Section 19, Schedule 7)**\n- Prescribes default house rules for rental premises\n\n**5. Abandoned goods (Sections 20-23)**\n- Sets thresholds for when landlords can sell/dispose of left-behind goods: $5,000 for caravan park sites, $2,500 otherwise\n- Storage periods: 2 months for caravans and contents, 1 month for other goods\n- Requires reasonable efforts to contact owners before auction (phone, email, social media, emergency contacts, online newspaper notices)\n- Lost property thresholds: $250 for sale/disposal, $900 for donation\n\n**6. Tenancy database listings (Sections 24-30)**\n- Strict limits on when tenants can be \"blacklisted\": unpaid rent (after formal notice and remedy period), amounts owing under tribunal orders or conciliation agreements, abandonment with debts, objectionable behaviour (tribunal termination order), or repeated breaches (tribunal termination order)\n- Amount owed must exceed bond plus any tenancy guarantee\n\n**7. Water efficiency (Section 32)**\n- Mandates dual-flush toilets (max 6.5L full/3.5L half, average 4L), 9L/minute shower heads and taps\n\n**8. Domestic violence protections (Section 37)**\n- Lists acceptable evidence for DV-related tenancy changes: protection orders, police notices, injunctions, or reports from health practitioners, social workers, refuge workers, or solicitors\n\n**9. Transitional arrangements (Sections 41-47)**\n- Existing agreements continue under old terms if consistent with the Act\n- Old house rules continue for 12 months\n- Pre-commencement agreements keep their fee structures\n\n**Who it affects:**\n- Landlords, property managers, and tenants in Queensland\n- Community housing providers taking over public housing\n- Caravan park operators and residents\n\n**Why it matters:**\n- Prevents exploitative application fees\n- Standardizes tenancy agreements across different housing types\n- Strengthens protections for domestic violence survivors\n- Clarifies rules for abandoned goods and tenant databases\n- Ensures water efficiency in rental properties"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/residential-tenancies-and-rooming-accommodation-regulation-2025","history":"/api/acts/residential-tenancies-and-rooming-accommodation-regulation-2025/history","analysis":"/api/acts/residential-tenancies-and-rooming-accommodation-regulation-2025/analysis","conflicts":"/api/acts/residential-tenancies-and-rooming-accommodation-regulation-2025/conflicts","importantCases":"/api/acts/residential-tenancies-and-rooming-accommodation-regulation-2025/important-cases","documents":"/api/acts/residential-tenancies-and-rooming-accommodation-regulation-2025/documents"}}