Div 1Entering into residential tenancy agreement

Division 1—Entering into residential tenancy agreement 48—Information to be provided by landlords to tenants (1) A landlord must ensure that a tenant is given, before or at the time the landlord and tenant enter into a residential tenancy agreement, a written notice setting out— (a) if an agent is acting for the landlord—the agent's name, telephone number and postal or email address for service of documents; and (b) the landlord's full name and postal or email address for service of documents (which must not be the agent's address for service); and (c) if no agent is acting for the landlord—the landlord's telephone number; and (d) the full name and address of any person with superior title to the landlord; and (e) if the landlord is a company—the address of the registered office of the company; and (ea) if electricity is supplied to the premises via a connection point that is part of an embedded network—the prescribed information relating to the supply of electricity; and (f) any other information required by the Commissioner. (2) A landlord must take reasonable steps to ensure that a tenant is given, before or at the time the tenant commences occupation of the premises under a residential tenancy agreement, manufacturers' manuals, or written or oral instructions, about the operation of any domestic facilities requiring instructions. Domestic facilities requiring instructions should also be listed in the tenancy agreement—see section 69(3a). (3) If a person succeeds another as the landlord, the new landlord must, within 14 days, ensure that the tenant is given a written notice setting out— (a) if an agent is acting for the new landlord—the agent's name, telephone number and postal or email address for service of documents; and (b) the new landlord's full name and postal or email address for service of documents (which must not be the agent's address for service); and (c) if no agent is acting for the new landlord—the new landlord's telephone number; and (d) if the new landlord is a company—the address of the registered office of the company; and (e) any other information required by the Commissioner. (4) If a name, postal or email address or telephone number of which the landlord is required to notify the tenant under this section changes, the landlord must, within 14 days of becoming aware of the change, notify the tenant in writing of the change. embedded network has the same meaning as in the National Electricity Rules. 49—Residential tenancy agreements (1) A written residential tenancy agreement entered into after the commencement of this section must— (a) state clearly in a prominent position at the beginning of the agreement that— (i) the agreement is a residential tenancy agreement; and (ii) the parties to the agreement should consider obtaining legal advice about their rights and obligations under the agreement; and (b) set out— (i) if an agent is acting for the landlord—the agent's name, postal or email address and telephone number, and, if the agent is registered as an agent under the Land Agents Act 1994, his or her registration number under that Act; and (ii) the landlord's full name and postal or email address for service of documents (which must not be the agent's address for service); and (iii) if no agent is acting for the landlord—the landlord's telephone number; and (iv) the tenant's name; and (v) the address of the residential premises; and (vi) the terms of the agreement, including— (A) the amount of rent payable; and (B) the interval between rental payment times; and (C) the method by which rent is to be paid; and (D) the amount of the bond; and (E) any agreement reached as to responsibility for rates and charges for water supply; and (F) responsibility for insurance of the premises and the contents of the premises; and (G) any other terms of the agreement (including, for example, terms in relation to pets or responsibility for repairs); and (c) be dated and signed by the parties to the agreement; and (d) comply with any other requirements prescribed by the regulations. (2) A provision of a residential tenancy agreement that does not comply with subsection (1) that requires the tenant to pay a bond is unenforceable. (3) A landlord must not enter into a residential tenancy agreement unless the landlord or an agent acting for the landlord has first given the tenant a written guide that explains the tenant's rights and obligations under such an agreement and is in the form approved by the Commissioner for the purposes of this section. (4) The matters specified or agreed in a written residential tenancy agreement entered into after the commencement of this section may not be varied unless the variation is in writing and dated and signed by the landlord and tenant. (5) A landlord under a written residential tenancy agreement must keep a copy of the agreement, and any variation of the agreement, whether in paper or electronic form, for at least 2 years following termination of the agreement. (6) If a landlord (or an agent acting for a landlord) invites or requires a tenant or prospective tenant to sign a written residential tenancy agreement, the landlord must ensure that— (a) the tenant receives a copy of the residential tenancy agreement when the tenant signs it; and (b) if the agreement has not then been signed by the landlord, a copy of the agreement, as executed by all parties, is delivered to the tenant within 21 days after the tenant gives the agreement back to the landlord or the landlord's agent to complete its execution. (7) Subject to subsection (2), a failure to comply with this section does not make the residential tenancy agreement illegal, invalid or unenforceable. 50—Cost of preparing agreement The cost of preparing a written residential tenancy agreement must be borne by the landlord. Residential tenancy agreements are exempt from stamp duty. 51—False information from tenant A tenant must not give a landlord false information about the tenant's identity or place of occupation.