Form 18A "General Tenancy Agreement" - Queensland, Australia

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General tenancy agreement (Form 18a)
Residential Tenancies and Rooming Accommodation Act 2008
Part 1 Tenancy details
1.1
Lessor
Item
1
Name/trading name
Address
Postcode
1.2
Phone
Mobile
Email
2.1
Tenant/s
Item
2
Tenant 1 Full name/s
Phone
Email
Tenant 2 Full name/s
Phone
Email
Tenant 3 Full name/s
Phone
Email
2.2
Address for service (if different from address of the premises in item 5.1)
Attach a separate list
3.1
Agent
If applicable. See clause 43
Item
3
Full name/trading name
Address
Postcode
3.2
Phone
Mobile
Email
Notices may be given to
Item
(Indicate if the email is different from item 1, 2 or 3 above)
4
4.1
Lessor
Email Yes
No
Facsimile Yes
No
4.2
Tenant/s
Email Yes
No
Facsimile Yes
No
4.3
Agent
Email Yes
No
Facsimile Yes
No
5.1
Address of the rental premises
Item
5
Postcode
5.2
Inclusions provided.
For example, furniture or other household goods let with the premises. Attach list if necessary
Item
6.1
The term of the agreement is
fixed term agreement
periodic agreement
6
6.2
Starting on
6.3 Ending on
Fixed term agreements only.
For continuation of tenancy agreement, see clause 6
Level 23, 179 Turbot Street | GPO Box 390 Brisbane Q 4001 | t 1300 366 311 | rta.qld.gov.au
Page 1 of 8
v16 Apr19
Reset form
Print form
General tenancy agreement (Form 18a)
Residential Tenancies and Rooming Accommodation Act 2008
Part 1 Tenancy details
1.1
Lessor
Item
1
Name/trading name
Address
Postcode
1.2
Phone
Mobile
Email
2.1
Tenant/s
Item
2
Tenant 1 Full name/s
Phone
Email
Tenant 2 Full name/s
Phone
Email
Tenant 3 Full name/s
Phone
Email
2.2
Address for service (if different from address of the premises in item 5.1)
Attach a separate list
3.1
Agent
If applicable. See clause 43
Item
3
Full name/trading name
Address
Postcode
3.2
Phone
Mobile
Email
Notices may be given to
Item
(Indicate if the email is different from item 1, 2 or 3 above)
4
4.1
Lessor
Email Yes
No
Facsimile Yes
No
4.2
Tenant/s
Email Yes
No
Facsimile Yes
No
4.3
Agent
Email Yes
No
Facsimile Yes
No
5.1
Address of the rental premises
Item
5
Postcode
5.2
Inclusions provided.
For example, furniture or other household goods let with the premises. Attach list if necessary
Item
6.1
The term of the agreement is
fixed term agreement
periodic agreement
6
6.2
Starting on
6.3 Ending on
Fixed term agreements only.
For continuation of tenancy agreement, see clause 6
Level 23, 179 Turbot Street | GPO Box 390 Brisbane Q 4001 | t 1300 366 311 | rta.qld.gov.au
Page 1 of 8
v16 Apr19
General tenancy agreement (Form 18a)
Residential Tenancies and Rooming Accommodation Act 2008
Item
Rent
week
fortnight
month
$
per
See clause 8(1)
7
Item
Rent must be paid on the
day of each
8
Insert day. See clause 8(2)
Insert week, fortnight or month
Method of rent payment
Insert the way the rent must be paid. See clause 8(3)
Item
9
Details for direct credit
BSB no.
Bank/building society/credit union
Account no.
Account name
Payment reference
Place of rent payment
Item
Insert where the rent must be paid. See clause 8(4) to 8(6)
10
Item
$
Rental bond amount
See clause 13
11
12.1 The services supplied to the premises for which the tenant must pay
See clause 16
Item
12
Any other service that a tenant must pay
Yes
Electricity
Yes
No
No
Gas
Yes
No
Type
See special terms (page 8)
Phone
Yes
No
12.2 Is the tenant to pay for water supplied to the premises
See clause 17
Yes
No
If the premises is not individually metered for a service under item 12.1, the apportionment of the cost of the
Item
service for which the tenant must pay.
13
For example, insert the percentage of the total charge the tenant must pay. See clause 16(c)
Electricity
Any other service stated in item 12.1
See special terms (page 8)
Gas
Phone
How services must be paid for
Insert for each how the tenant must pay. See clause 16(d)
Item
14
Electricity
Gas
Phone
Any other service stated in item 12.1
See special terms (page 8)
Item
Number of persons allowed to reside at the premises
See clause 23
15
Item
16.1 Are there any body corporate by-laws applicable to the occupation of the premises by a tenant?
Yes
No
16
See clause 22
16.2 Has the tenant been given a copy of the relevant by-laws
Yes
No
See clause 22
Item
17.1 Pets approved
Yes
No
See clause 24(1)
17
17.2 The types and number of pets that may be kept
See clause 24(2)
Type
Number
Type
Number
Nominated repairers
Insert name and telephone number for each. See clause 31
Item
18
Electrical repairs
Phone
Plumbing repairs
Phone
Other
Phone
Page 2 of 8
v16 Apr19
General tenancy agreement (Form 18a)
Residential Tenancies and Rooming Accommodation Act 2008
Part 2 Standard Terms
6
Continuation of fixed term agreement – s 70
Division 1 Preliminary
(1) This clause applies if –
(a) this agreement is a fixed term agreement; and
1 Interpretation
(b) none of the following notices are given, or agreements
In this agreement –
or applications made before the day the term ends (the
(a) a reference to the premises includes a reference to any
end day) –
inclusions for the premises stated in this agreement for item
(i) a notice to leave;
5.2; and
(ii) a notice of intention to leave;
(b) a reference to a numbered section is a reference to the
(iii) an abandonment termination notice;
section in the Act with that number; and
(iv) a notice, agreement or application relating to the death
(c) a reference to a numbered item is a reference to the item
of a sole tenant under section 277(7);
with that number in part 1; and
(v) a written agreement between the lessor and tenant to
(d) a reference to a numbered clause is a reference to the
end the agreement.
clause of this agreement with that number.
(2) This agreement, other than a term about this agreement’s term,
2 Terms of a general tenancy agreement
continues to apply after the end day on the basis that the tenant
is holding over under a periodic agreement.
(1) This part states, under the Residential Tenancies and Rooming
Note – For more information about the notices, see the information
Accommodation Act 2008 (the Act), section 55, the standard
statement.
terms of a general tenancy agreement.
7 Costs apply to early ending of fixed term
(2) The Act also imposes duties on, and gives entitlements to, the
agreement
lessor and tenant that are taken to be included as terms of this
agreement.
(1) This clause applies if –
(3) The lessor and tenant may agree on other terms of this
(a) this agreement is a fixed term agreement; and
agreement (special terms).
(b) the tenant terminates it before the term ends in a way not
(4) A duty or entitlement under the Act overrides a standard term or
permitted under the Act.
special term if the term is inconsistent with the duty or entitlement.
(2) The tenant must pay the reasonable costs incurred by the lessor
(5) A standard term overrides a special term if they are inconsistent.
in reletting the premises.
Note – Some breaches of this agreement may also be an offence under
Note – For when the tenant may terminate early under the Act, see
the Act, for example, if –
clause 36 and the information statement. Under section 362, the lessor
the lessor or the lessor’s agent enters the premises in contravention
has a general duty to mitigate (avoid or reduce) the costs.
of the rules of entry under sections 192 to 199; or
Division 3 Rent
the tenant does not sign and return the condition report to the lessor
or the lessor’s agent under section 65.
8 When, how and where rent must be paid
3 More than 1 lessor or tenant
– ss 83 and 85
(1) This clause applies if more than 1 person is named in this
(1) The tenant must pay the rent stated in this agreement for item 7.
agreement for item 1 or 2.
(2) The rent must be paid at the times stated in this agreement for
(2) Each lessor named in this agreement for item 1 must perform
item 8.
all of the lessor’s obligations under this agreement.
(3) The rent must be paid –
(3) Each tenant named in this agreement for item 2 –
(a) in the way stated in this agreement for item 9; or
(a) holds their interest in the tenancy as a tenant in common
(b) in the way agreed after the signing of this agreement by –
unless a special term states the tenants are joint tenants;
(i) the lessor or tenant giving the other party a notice
and
proposing the way; and
(b) must perform all the tenant’s obligations under this agreement.
(ii) the other party agreeing to the proposal in writing; or
(c) if there is no way stated in this agreement for item 9 or
Division 2 Period of tenancy
no way agreed after the signing of this agreement – in an
4 Start of tenancy
approved way under section 83(4).
Note – If the way rent is to be paid is another way agreed on by the
(1) The tenancy starts on the day stated in this agreement for
lessor and tenant under section 83(4)(g), the lessor or the lessor’s
item 6.2.
agent must comply with the obligations under section 84(2).
(2) However, if no day is stated or if the stated day is before the
(4) The rent must be paid at the place stated in this agreement for
signing of this agreement, the tenancy starts when the tenant
item 10.
is or was given a right to occupy the premises.
(5) However, if, after the signing of this agreement, the lessor gives
5 Entry condition report – s 65
a notice to the tenant stating a different place for payment and
the place is reasonable, the rent must be paid at the place while
(1) The lessor must prepare, in the approved form, sign and give
the notice is in force.
the tenant 1 copy of a condition report for the premises.
(6) If no place is stated in this agreement for item 10 and there is no
(2) The copy must be given to the tenant on or before the day the
notice stating a place, the rent must be paid at an appropriate place.
tenant occupies the premises under this agreement.
Examples of an appropriate place –
(3) The tenant must mark the copy of the report to show any parts
the lessor’s address for service
the tenant disagrees with, and sign and return the copy to the
the lessor’s agent’s office
lessor not later than 3 days after the later of the following days –
9 Rent in advance – s 87
(a) the day the tenant is entitled to occupy the premises;
(b) the day the tenant is given the copy of the condition report.
The lessor may require the tenant to pay rent in advance only if
Note – A well completed condition report can be very important to help
the payment is not more than –
the parties if there is a dispute about the condition of the premises when
(a) for a periodic agreement – 2 weeks rent; or
the tenancy started. For more information about condition reports,
(b) for a fixed term agreement – 1 month rent.
see the information statement.
Note – Under section 87(2), the lessor or the lessor’s agent must not
(4) After the copy of the condition report is returned to the lessor by
require a payment of rent under this agreement in a period for which rent
the tenant, the lessor must copy the condition report and return
has already been paid.
it to the tenant within 14 days.
Page 3 of 8
v16 Apr19
General tenancy agreement (Form 18a)
Residential Tenancies and Rooming Accommodation Act 2008
(2) The notice must state the increased amount and the day by
10 Rent increases – ss 91 and 93
which the increase must be made.
(3) For subclause (2), the day must be at least 1 month after the
(1) If the lessor proposes to increase the rent, the lessor must give
tenant is given the notice.
notice of the proposal to the tenant.
(2) The notice must state the amount of the increased rent and
Division 5 Outgoings
the day from when it is payable.
(3) The day stated must not be earlier than the later of the
15 Outgoings – s 163
following –
(1) The lessor must pay all charges, levies, premiums, rates or taxes
(a) 2 months after the notice is given;
for the premises, other than a service charge.
(b) 6 months after the day the existing rent became payable
Examples –
by the tenant.
body corporate levies, council general rates, sewerage charges,
(4) Subject to an order of a tribunal, the increased rent is payable
environment levies, land tax
from the day stated in the notice, and this agreement is taken
(2) This clause does not apply if—
to be amended accordingly.
(a) the lessor is the State; and
(5) However, if this agreement is a fixed term agreement, the rent
may be increased before the term ends only if a special term –
(b) rent is not payable under the agreement; and
(c) the tenant is an entity receiving financial or other assistance
(a) provides for a rent increase; and
from the State to supply rented accommodation to persons.
(b) states the amount of the increase or how the amount of the
increase is to be worked out.
16 General service charges – ss 164 and 165
(6) A rent increase is payable by the tenant only if the rent is
increased under this clause.
The tenant must pay a service charge, other than a water
service charge, for a service supplied to the premises during the
11 Application to tribunal about excessive increase
tenancy if –
– s 92
(a) the tenant enjoys or shares the benefit of the service; and
(b) the service is stated in this agreement for item 12.1; and
(1) If a notice of proposed rent increase is given and the tenant
(c) either –
considers the increase is excessive, the tenant may apply to
a tribunal for an order setting aside or reducing the increase.
(i) the premises are individually metered for the service; or
(2) However, the application must be made –
(ii) this agreement states for item 13 how the tenant’s
apportionment of the cost of the service is to be worked
(a) within 30 days after the notice is received; and
out; and
(b) for a fixed term agreement – before the term ends.
(d) this agreement states for item 14 how the tenant must pay
12 Rent decreases – s 94
for the service.
Note – Section 165(3) limits the amount the tenant must pay.
Under section 94, the rent may decrease in certain situations.
Note – For details of the situations, see the information statement.
17 Water service charges – ss 164 and 166
Division 4 Rental bond
(1) The tenant must pay an amount for the water consumption
charges for the premises if –
13 Rental bond required – ss 111 and 116
(a) the tenant is enjoying or sharing the benefit of a water
service to the premises; and
(1) If a rental bond is stated in this agreement for item 11, the
(b) the premises are individually metered for the supply of water
tenant must pay to the lessor or the lessor’s agent the rental
or water is supplied to the premises by delivery by means of
bond amount –
a vehicle; and
(a) if a special term requires the bond to be paid at a stated
(c) this agreement states for item 12.2 that the tenant must pay
time – at the stated time; or
for water supplied to the premises.
(b) if a special term requires the bond to be paid by instalments
– by instalments; or
Note – A water consumption charge does not include the amount of a
water service charge that is a fixed charge for the water service.
(c) otherwise – when the tenant signs this agreement.
(2
However, the tenant does not have to pay an amount –
Note – There is a maximum bond that may be required. See section 146
(a) that is more than the amount of the water consumption
and the information statement.
charges payable to the relevant water supplier; or
(2) The lessor or the lessor’s agent must, within 10 days of receiving
(b) that is a fixed charge for the water service to the premises.
the 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.
(3) Also, the tenant does not have to pay an amount for a
reasonable quantity of water supplied to the premises for a
(3) The bond is intended to be available to financially protect the
period if, during the period, the premises are not water efficient
lessor if the tenant breaches this agreement.
for section 166.
Example – The lessor may claim against the bond if the tenant does not
leave the premises in the required condition at the end of the tenancy.
Note – For details about water efficiency, see the information statement.
(4) In deciding what is a reasonable quantity of water for subclause
Note – For how to apply to the authority or a tribunal for the bond at
the end of the tenancy, see the information statement and sections 125
(3), regard must be had to the matters mentioned in section
to 141. Delay in applying may mean that payment is made on another
169(4)(a) to (e).
application for payment.
(5) The tenant must pay the amount of the charge to the lessor
within 1 month of the lessor giving the tenant copies of relevant
14 Increase in bond – s 154
documents about the incurring of the amount.
(1) The tenant must increase the rental bond if –
(6) In this clause –
(a) the rent increases and the lessor gives notice to the tenant
water consumption charge, for premises, means the variable
to increase the bond; and
part of a water service charge assessed on the volume of water
(b) the notice is given at least 11 months after –
supplied to the premises.
(i) this agreement started; or
Note – If there is a dispute about how much water (or any other service
(ii) if the bond has been increased previously by a notice
charge) the tenant should pay, the lessor or the tenant may attempt
to resolve the dispute by conciliation. See the information statement
given under this clause – the day stated in the notice,
for details.
or the last notice, for making the increase.
Page 4 of 8
v16 Apr19
General tenancy agreement (Form 18a)
Residential Tenancies and Rooming Accommodation Act 2008
Division 6 Rights and obligations
24 Pets
concerning the premises during tenancy
(1) The tenant may keep pets on the premises only if this
agreement states for item 17.1 that pets are approved.
Subdivision 1 Occupation and use of premises
(2) If this agreement states for item 17.1 that pets are approved
and this agreement states for item 17.2 that only –
18 No legal impediments to occupation – s 181
(a) a particular type of pet may be kept, only that type may be
The lessor must ensure there is no legal impediment to
kept; or
occupation of the premises by the tenant as a residence for the
(b) a particular number of pets may be kept, only that number
term of the tenancy if, when entering into this agreement, the
may be kept; or
lessor knew about the impediment or ought reasonably to have
(c) a particular number of a particular type of pet may be kept,
known about it.
only that number of that type may be kept.
Examples of possible legal impediments –
if there is a mortgage over the premises, the lessor might need to
Subdivision 2 Standard of premises
obtain approval from the mortgagee before the tenancy can start
a certificate might be required under the Building Act 1975 before
25 Lessor’s obligations – s 185
the premises can lawfully be occupied
(1) At the start of the tenancy, the lessor must ensure –
the zoning of the land might prevent use of a building on the land
as a residence
(a) the premises are clean; and
(b) the premises are fit for the tenant to live in; and
19 Vacant possession and quiet enjoyment
(c) the premises are in good repair; and
– ss 182 and 183
(d) the lessor is not in breach of a law dealing with issues about
(1) The lessor must ensure the tenant has vacant possession of the
the health or safety of persons using or entering the premises.
premises (other than a part of the premises that the tenant does
(2) While the tenancy continues, the lessor must –
not have a right to occupy exclusively) on the day the tenant is
(a) maintain the premises in a way that the premises remain fit
entitled to occupy the premises under this agreement.
for the tenant to live in; and
Editor’s note – Parts of the premises where the tenant does not have a
(b) maintain the premises in good repair; and
right to occupy exclusively may be identified in a special term.
(c) ensure the lessor is not in breach of a law dealing with issues
(2) The lessor must take reasonable steps to ensure the tenant has
about the health or safety of persons using or entering the
quiet enjoyment of the premises.
premises; and
(3) The lessor or the lessor’s agent must not interfere with the
(d) keep any common area included in the premises clean.
reasonable peace, comfort or privacy of the tenant in using
Note – For details about the maintenance, see the information statement.
the premises.
(3) However, the lessor is not required to comply with subclause
20 Lessor’s right to enter the premises – ss 192–199
(1)(c) or (2)(a) for any non-standard items and the lessor is not
responsible for their maintenance if –
The lessor or the lessor’s agent may enter the premises during
(a) the lessor is the State; and
the tenancy only if the obligations under sections 192 to 199
(b) the non-standard items are stated in this agreement and
have been complied with.
this agreement states the lessor is not responsible for their
Note – See the information statement for details.
maintenance; and
21 Tenant’s use of premises – ss 10 and 184
(c) the non-standard items are not necessary and reasonable
to make the premises a fit place in which to live; and
(1) The tenant may use the premises only as a place of residence
(d) the non-standard items are not a risk to health or safety; and
or mainly as a place of residence or for another use allowed
(e) for fixtures – the fixtures were not attached to the premises
under a special term.
by the lessor.
(2) The tenant must not –
(4) In this clause –
(a) use the premises for an illegal purpose; or
non-standard items means the fixtures attached to the
(b) cause a nuisance by the use of the premises; or
premises and inclusions supplied with the premises stated in
Examples of things that may constitute a nuisance –
this agreement for item 5.2.
using paints or chemicals on the premises that go onto or
premises include any common area available for use by the
cause odours on adjoining land
tenant with the premises.
causing loud noises
allowing large amounts of water to escape onto adjoining land
26 Tenant’s obligations – s 188(2) and (3)
(c) interfere with the reasonable peace, comfort or privacy of
(1) The tenant must keep the premises clean, having regard to their
a neighbour of the tenant; or
condition at the start of the tenancy.
(d) allow another person on the premises to interfere with the
(2) The tenant must not maliciously damage, or allow someone else
reasonable peace, comfort or privacy of a neighbour of
to maliciously damage, the premises.
the tenant.
22 Units and townhouses – s 69
Subdivision 3 The dwelling
(1) The lessor must give the tenant a copy of any body corporate
27 Fixtures or structural changes – ss 207–209
by-laws under the Body Corporate and Community
Management Act 1997 or Building Units and Group Titles
(1) The tenant may attach a fixture, or make a structural change, to
Act 1980 applicable to –
the premises only if the lessor agrees to the fixture’s attachment
(a) the occupation of the premises; or
or the structural change.
(b) any common area available for use by the tenant with the
Note – Fixtures are generally items permanently attached to land or
premises.
to a building that are intended to become part of the land or building.
An attachment may include, for example, something glued, nailed or
(2) The tenant must comply with the by-laws.
screwed to a wall.
23 Number of occupants allowed
(2) The lessor’s agreement must be written, describe the nature of
the fixture or change and include any terms of the agreement.
No more than the number of persons stated in this agreement
for item 15 may reside at the premises.
Page 5 of 8
v16 Apr19