sec.61Written agreements required

### sec.61 Written agreements required The lessor or lessor’s agent must ensure a residential tenancy agreement is in writing to the extent, and in the way, required by this section. Maximum penalty—20 penalty units. The written agreement must— include the standard terms for the agreement; and include any special terms of the agreement; and include the day the rent for the premises was last increased, within the meaning of section 93 , at the time the agreement is entered into. However, subsection (2) (c) does not apply if the lessor is an exempt lessor. If, for a standard term to be effective, the term requires stated information to be included in it (including, for example, the names of the parties and a description of the premises) the agreement is taken to include the standard term only if the information is properly included. The agreement must be written in a clear and precise way. The costs of preparing the agreement are payable by the lessor. Nothing in this section— requires the tenant to prepare the written agreement; or affects the enforceability of an agreement that is not in writing. This section does not apply to— an agreement for a short tenancy (moveable dwelling); or a periodic agreement mentioned in section 70 (2) . s 61 amd 2021 No. 19 s 107 s ch 1 pt 2 ; 2024 No. 27 s 8 (sec.61-ssec.1) The lessor or lessor’s agent must ensure a residential tenancy agreement is in writing to the extent, and in the way, required by this section. Maximum penalty—20 penalty units. (sec.61-ssec.2) The written agreement must— include the standard terms for the agreement; and include any special terms of the agreement; and include the day the rent for the premises was last increased, within the meaning of section 93 , at the time the agreement is entered into. (sec.61-ssec.2A) However, subsection (2) (c) does not apply if the lessor is an exempt lessor. (sec.61-ssec.3) If, for a standard term to be effective, the term requires stated information to be included in it (including, for example, the names of the parties and a description of the premises) the agreement is taken to include the standard term only if the information is properly included. (sec.61-ssec.4) The agreement must be written in a clear and precise way. (sec.61-ssec.5) The costs of preparing the agreement are payable by the lessor. (sec.61-ssec.6) Nothing in this section— requires the tenant to prepare the written agreement; or affects the enforceability of an agreement that is not in writing. (sec.61-ssec.7) This section does not apply to— an agreement for a short tenancy (moveable dwelling); or a periodic agreement mentioned in section 70 (2) . - (a) include the standard terms for the agreement; and - (b) include any special terms of the agreement; and - (c) include the day the rent for the premises was last increased, within the meaning of section 93 , at the time the agreement is entered into. - (a) requires the tenant to prepare the written agreement; or - (b) affects the enforceability of an agreement that is not in writing. - (a) an agreement for a short tenancy (moveable dwelling); or - (b) a periodic agreement mentioned in section 70 (2) .