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Residential Tenancies and Rooming Accommodation Act 2008
sec.77Written agreement required
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### sec.77 Written agreement required
A provider or provider’s agent must ensure a rooming accommodation agreement entered into with a resident is in writing to the extent, and in the way, required by this section.
Maximum penalty—40 penalty units.
The written agreement must include—
the standard terms for the agreement; and
any special terms of the agreement; and
the day the rent for the resident’s room was last increased, within the meaning of section 105B , at the time the agreement is entered into.
However, subsection (2) (c) does not apply if the provider is an exempt provider.
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 rental 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; and
state the provider’s name, address and any telephone number and the resident’s name and any telephone number; and
fully describe the services to be provided under the agreement; and
state the amount of rent payable, when it is payable and how it must be paid; and
state the components of the rent attributable to accommodation, a food service, a personal care service or another service; and
state the amount of any rental bond payable; and
for a fixed term agreement, state the term for which it applies; and
be signed by the parties; and
comply with any other requirement prescribed under a regulation.
The costs of preparing the agreement are payable by the provider.
s 77 amd 2024 No. 27 s 11
(sec.77-ssec.1) A provider or provider’s agent must ensure a rooming accommodation agreement entered into with a resident is in writing to the extent, and in the way, required by this section. Maximum penalty—40 penalty units.
(sec.77-ssec.2) The written agreement must include— the standard terms for the agreement; and any special terms of the agreement; and the day the rent for the resident’s room was last increased, within the meaning of section 105B , at the time the agreement is entered into.
(sec.77-ssec.2A) However, subsection (2) (c) does not apply if the provider is an exempt provider.
(sec.77-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 rental premises), the agreement is taken to include the standard term only if the information is properly included.
(sec.77-ssec.4) The agreement must— be written in a clear and precise way; and state the provider’s name, address and any telephone number and the resident’s name and any telephone number; and fully describe the services to be provided under the agreement; and state the amount of rent payable, when it is payable and how it must be paid; and state the components of the rent attributable to accommodation, a food service, a personal care service or another service; and state the amount of any rental bond payable; and for a fixed term agreement, state the term for which it applies; and be signed by the parties; and comply with any other requirement prescribed under a regulation.
(sec.77-ssec.5) The costs of preparing the agreement are payable by the provider.
- (a) the standard terms for the agreement; and
- (b) any special terms of the agreement; and
- (c) the day the rent for the resident’s room was last increased, within the meaning of section 105B , at the time the agreement is entered into.
- (a) be written in a clear and precise way; and
- (b) state the provider’s name, address and any telephone number and the resident’s name and any telephone number; and
- (c) fully describe the services to be provided under the agreement; and
- (d) state the amount of rent payable, when it is payable and how it must be paid; and
- (e) state the components of the rent attributable to accommodation, a food service, a personal care service or another service; and
- (f) state the amount of any rental bond payable; and
- (g) for a fixed term agreement, state the term for which it applies; and
- (h) be signed by the parties; and
- (i) comply with any other requirement prescribed under a regulation.