Form 1AA "Residential Tenancy Agreement" - Western Australia, Australia

Form 1AA is a Western Australia Department of Commerce - issued form also known as the "Residential Tenancy Agreement".

Download a PDF version of the latest Form 1AA down below or find it on the Western Australia Department of Commerce Forms website.

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Download Form 1AA "Residential Tenancy Agreement" - Western Australia, Australia

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Space for AGENT’S CONTACT DETAILS
FORM 1AA
RESIDENTIAL TENANCY AGREEMENT
RESIDENTIAL TENANCIES ACT 1987 (WA)
Section 27A
PART A
This agreement is made between:
Lessor
________________________________________________________________________________
[name of lessor(s)]
[lessor(s) contact details] ADDRESS:_________________________________________________________________________________________________
TELEPHONE:____________________________________________EMAIL:__________________________________________________________________
(optional)
(optional)
and
Tenant
______________________________________________________________________________
[name of tenant one]
[tenant contact details] ADDRESS:_______________________________________________________________________________________________
TELEPHONE:____________________________________________EMAIL:__________________________________________________________________
Tenant
______________________________________________________________________________
[name of tenant two]
[tenant contact details] ADDRESS:_______________________________________________________________________________________________
TELEPHONE:____________________________________________EMAIL:__________________________________________________________________
Lessor’s property manager
____________________________________________________________________________________________________
[name of lessor’s property manager (if any) and contact details]
Giving of notices and information by electronic means
Indicate below for each of the following persons whether the person agrees to notices and information being given by email or
facsimile under the Electronic Transactions Act 2011.
Lessor
Email: Yes
No
Facsimile: Yes
No
[insert email address or facsimile number if different from contact details above]
Tenant one
Email: Yes
No
Facsimile: Yes
No
[insert email address or facsimile number if different from contact details above]
Tenant two
Email: Yes
No
Facsimile: Yes
No
[insert email address or facsimile number if different from contact details above]
Lessor’s property manager
Email: Yes
No
Facsimile: Yes
No
[insert email address or facsimile number if different from contact details above]
FORM 1 AA Residential Tenancy Agreement Page 1 of 10
Space for AGENT’S CONTACT DETAILS
FORM 1AA
RESIDENTIAL TENANCY AGREEMENT
RESIDENTIAL TENANCIES ACT 1987 (WA)
Section 27A
PART A
This agreement is made between:
Lessor
________________________________________________________________________________
[name of lessor(s)]
[lessor(s) contact details] ADDRESS:_________________________________________________________________________________________________
TELEPHONE:____________________________________________EMAIL:__________________________________________________________________
(optional)
(optional)
and
Tenant
______________________________________________________________________________
[name of tenant one]
[tenant contact details] ADDRESS:_______________________________________________________________________________________________
TELEPHONE:____________________________________________EMAIL:__________________________________________________________________
Tenant
______________________________________________________________________________
[name of tenant two]
[tenant contact details] ADDRESS:_______________________________________________________________________________________________
TELEPHONE:____________________________________________EMAIL:__________________________________________________________________
Lessor’s property manager
____________________________________________________________________________________________________
[name of lessor’s property manager (if any) and contact details]
Giving of notices and information by electronic means
Indicate below for each of the following persons whether the person agrees to notices and information being given by email or
facsimile under the Electronic Transactions Act 2011.
Lessor
Email: Yes
No
Facsimile: Yes
No
[insert email address or facsimile number if different from contact details above]
Tenant one
Email: Yes
No
Facsimile: Yes
No
[insert email address or facsimile number if different from contact details above]
Tenant two
Email: Yes
No
Facsimile: Yes
No
[insert email address or facsimile number if different from contact details above]
Lessor’s property manager
Email: Yes
No
Facsimile: Yes
No
[insert email address or facsimile number if different from contact details above]
FORM 1 AA Residential Tenancy Agreement Page 1 of 10
TERM OF AGREEMENT
(* delete as appropriate)
*
This residential tenancy agreement is periodic - starting on
_____/_______/_______.
*
This residential tenancy agreement is fixed -
starting on
_____/_______/_______ and
ending on
_____/_______/_______.
Note: The start date for the agreement should not be a date prior to the date on which the tenant is entitled to enter
into occupation of the premises.
RESIDENTIAL PREMISES
The residential premises are
_______________________________________________________________ and
[insert address]
include/exclude*
:
(* delete as appropriate)
____________________________________________________________________________________________________
[include any additional matters, such as a parking space or furniture provided, or any exclusions, such as sheds]
MAXIMUM NUMBER OF OCCUPANTS
No more than
_____________ persons may ordinarily live at the premises at any one time.
[insert number]
RENT
(* delete as appropriate)
The rent is
$_____________ per week/calculated by reference to tenants income
[insert amount]
______________________
[insert calculation]
Payable weekly/fortnightly* in advance starting on _____/_______/_______.
The method by which the rent must be paid is: (* delete as appropriate)
(a) by cash or cheque*; or
(b) into the following account or any other account nominated by the lessor*:
BSB: ______ Account number: _______________ Account name: ______________________ Payment reference:________
or
(c)
as follows*: ____________________________________________________________________________________
SECURITY BOND
A security bond of
$____________and a pet bond of
$____________must be paid by the tenant
[insert amount]
[insert amount]
on signing this agreement.
Note: Unless the rent for the premises exceeds $1,200 per week, the security bond must not exceed the sum of 4 weeks’
rent plus a pet bond not exceeding $260 (if a pet is permitted to be kept at the premises). The pet bond is to be used to
meet costs of fumigation of the premises.
RENT INCREASE
In the case of a periodic tenancy (see “TERM OF AGREEMENT”) any rent increase will be no sooner than 6 months after the
commencement of this tenancy agreement and the date of the last increase. The lessor must give at least 60 days notice of
the increase.
Note: If rent is calculated by reference to income, the requirement to provide a notice of rent increase only applies if the
method of calculating the rent is changed.
In the case of a fixed-term tenancy (see “TERM OF AGREEMENT”) the rent increase will be
[insert maximum increase or method of
________________________and take effect no sooner than 6 months after the
calculating increase, e.g. CPI or percentage]
commencement of this tenancy agreement and the date of the last increase. The lessor must give at least 60 days notice of
the increase.
Note: For fixed-term lease agreements exceeding 12 months, refer to Part C for details of subsequent rent increases.
WATER SERVICES
Is scheme water connected to the premises? Yes
No
Note: If the property is not connected to scheme water, the tenant may have to purchase water at his or her own expense.
FORM 1 AA Residential Tenancy Agreement Page 2 of 10
WATER USAGE COSTS (SCHEME WATER)
The tenant is required to pay
_______________% of water consumption costs.
[insert number]
PERMISSION TO CONTACT THE WATER SERVICES PROVIDER
Does the tenant have the lessor’s permission to contact the water services provider for the premises to access accounts for
water consumption at the premises and to communicate with the water services provider in relation to concessions available
to the tenant or supply faults at the premises? Yes
No
ELECTRICITY, GAS AND OTHER UTILITIES
Indicate for the utilities below whether or not the premises are separately metered:
Electricity
Gas
Water
Yes
No
Yes
No
Yes
No
Other
___________________________________________________________ Yes
No
[please specify]:
Where the premises are separately metered to measure consumption of a specific utility, the tenant must pay for the
connection and consumption costs as per the relevant account for the premises.
Where the premises are not separately metered to measure the consumption of a specific utility, the tenant must pay the
consumption costs for that utility which will be calculated as follows:
Electricity:
___________________________________________________________________________
[insert method of calculation]
Gas:
________________________________________________________________________________
[insert method of calculation]
Water:
______________________________________________________________________________
[insert method of calculation]
Other [please specify]: ________________________________
_________________________________
[insert method of calculation]
STRATA BY-LAWS
Strata by-laws ARE/ARE NOT*
applicable to the residential premises. A copy of the by-laws are attached:
(*delete as appropriate)
Yes
No
PETS
The pets listed may be kept at the premises: __________________________________________________________________
RIGHT OF TENANT TO ASSIGN OR SUB-LET
(* delete as appropriate)
*
The tenant may assign the tenant’s interest under this agreement or sub-let the premises.
*
The tenant may not assign the tenant’s interest under this agreement or sub-let the premises.
*
The tenant may assign the tenant’s interest under this agreement or sub-let the premises only with the written consent
of the lessor.
RIGHT OF TENANT TO AFFIX AND REMOVE FIXTURES
(* delete as appropriate)
*
The tenant must not affix any fixture or make any renovation, alteration or addition to the premises.
*
The tenant may only affix any fixture or make any renovation, alteration or addition to the premises with the lessor’s
written permission.
PROPERTY CONDITION REPORTS
A property condition report detailing the condition of the premises must be completed by or on behalf of the lessor and
2 copies provided to the tenant within 7 days of the tenant moving into the premises.
If the tenant disagrees with any information contained in the property condition report, the tenant must note his or her
disagreement on a copy of the property condition report and return this to the lessor or property manager within 7 days of
receipt of the property condition report from the lessor. If the tenant does not give a copy of the property condition report
back to the lessor, the tenant is taken to accept the property condition report as a true and accurate description of the
condition of the premises.
A final property condition report must be completed by or on behalf of the lessor and provided to the tenant as soon as
practicable but in any event within 14 days of the termination of the tenancy. The tenant must be given a reasonable
opportunity to be present at the final inspection.
FORM 1 AA Residential Tenancy Agreement Page 3 of 10
PART B
STANDARD TERMS APPLICABLE TO ALL RESIDENTIAL TENANCY AGREEMENTS
The Residential Tenancies Act 1987 and the Residential Tenancies Regulations 1989 apply to this agreement. Both the lessor
and the tenant must comply with these laws. Some of the rights and obligations in that legislation are outlined below.
RIGHT TO OCCUPY THE PREMISES
1.
The tenant has the right to exclusive occupation and quiet enjoyment of the residential premises during the tenancy.
The residential premises include the additional items but do not include the exclusions noted under “RESIDENTIAL
PREMISES” in Part A.
COPY OF AGREEMENT
2.
The lessor or the property manager must give the tenant:
2.1
a copy of this agreement when this agreement is signed by the tenant; and
2.2
a copy of this agreement signed by both the lessor or the property manager and the tenant within 14 days after
it has been signed and delivered by the tenant.
RENT
3.
The tenant must pay rent on time or the lessor may issue a notice of termination and, if the rent is still not paid in full,
the lessor may take action through the court to evict the tenant.
4.
The tenant must not withhold rent because the tenant is of the view that the lessor is in breach of the agreement.
5.
The lessor or property manager must not:
5.1
require the tenant to pay more than 2 weeks rent in advance; or
5.2
require the tenant to pay rent by post-dated cheque; or
5.3
use rent paid by the tenant for the purpose of any amount payable by the tenant other than rent; or
5.4
require the tenant to pay any monetary amount other than rent, security bond and pet bond.
6.
The lessor or property manager must give a rent receipt to the tenant within 3 days of the rent being paid unless the
rent is paid into an authorised bank or credit union account nominated by the lessor.
7.
A tenancy agreement cannot contain a provision for a penalty, damages or extra payment if the tenant fails to keep to
the agreement or breaches any law. If an agreement allows a reduced rent or a rebate, refund or other benefit if the
tenant does not breach the agreement, the tenant is entitled to the reduction, rebate, refund or other benefit in any
event.
8.
Warning: it is an offence for a tenant to fail or refuse to pay any rent due under a residential tenancy agreement with
the intention that the amount of such rent be recovered by the lessor from the tenant’s security bond.
PAYMENT OF COUNCIL RATES, LAND TAX, WATER AND OTHER CHARGES
The lessor must pay all rates, taxes or charges imposed in respect of the premises under the Local Government Act
9.
1995, the Land Tax Act 2002 or any written law under which a rate, tax or charge is imposed for water supply or
sewerage services under the Water Agencies (Powers) Act 1984 (other than a charge for water consumed). The lessor is
responsible for any contribution levied under the Strata Titles Act 1985 and any contribution levied on a proprietor
under the Strata Titles Act 1985.
PUBLIC UTILITY SERVICES
10. Public utility services have the meaning given in the Land Administration Act 1997 and refers to services such as gas,
electricity and water.
11. If the premises are not separately metered to measure the tenant’s consumption of a public utility service at the
premises and the tenant is expected to pay for his or her consumption of the public utility service, the lessor and tenant
must agree in writing an alternative method of calculating the charge to be paid by the tenant for the consumption of
that public utility service.
12. The tenant must not be required to pay a charge in relation to a public utility service provided to the premises unless
the charge is calculated by reference to the tenant’s actual consumption of the public utility service at the premises and
the tenant is given written notice of the charge.
13. If the premises are separately metered, the notice of the charge must specify:
13.1
the relevant meter reading or readings; and
13.2
the charge per metered unit; and
13.3
the amount of GST payable in respect of the provision of the public utility service to the residential premises.
FORM 1 AA Residential Tenancy Agreement Page 4 of 10
14. If the premises are not separately metered, the notice of the charge must specify:
14.1
the calculation as per the agreed method; and
14.2
the amount of GST payable in respect of the provision of the public utility service to the residential premises.
POSSESSION OF THE PREMISES
15. The lessor must:
15.1
give the tenant vacant possession of the premises on the day on which the tenant is entitled to enter into
occupation of the premises under the agreement; and
15.2
take all reasonable steps to ensure that, at the time of signing this agreement, there is no legal reason why the
tenant cannot occupy the premises as a residence for the term of this agreement.
TENANT’S RIGHT TO QUIET ENJOYMENT
16. The tenant is entitled to quiet enjoyment of the premises without interruption by the lessor or any person claiming by,
through or under the lessor or having superior title to that of the lessor.
17. The lessor or the property manager will not interfere with, or cause or permit any interference with, the reasonable
peace, comfort or privacy of the tenant in the use of the premises. The lessor or the property manager must also take
all reasonable steps to ensure that the lessor’s other neighbouring tenants do not interfere with the reasonable peace,
comfort or privacy of the tenant in the use of the premises.
USE OF THE PREMISES BY TENANT
18. The tenant must:
18.1
use the premises as a place of residence; and
18.2
not use or allow the premises to be used for any illegal purpose; and
18.3
not cause or permit a nuisance; and
18.4
not intentionally or negligently cause or permit damage to the residential premises; and
18.5
advise the lessor or property manager as soon as practicable if any damage occurs; and
18.6
keep the premises in a reasonable state of cleanliness; and
18.7
not cause or allow to be caused injury to the lessor, property manager or any person lawfully on adjacent
premises; and
18.8
not allow anyone who is lawfully at the premises to breach the terms of this agreement.
19. The tenant is responsible for the conduct or omission of any person lawfully on the premises that results in a breach of
the agreement.
LESSOR’S GENERAL OBLIGATIONS FOR RESIDENTIAL PREMISES
20. In this clause, premises includes fixtures and chattels provided with the premises but does not include:
20.1
any fixture or chattel disclosed by the lessor to the tenant as not functioning before the agreement was entered
into; or
20.2
any other fixture or chattel that the tenant could not reasonably have expected to be functioning at the time
the agreement was entered into.
21. The lessor must:
21.1
provide vacant possession of the premises and in a reasonable state of cleanliness and repair; and
21.2
maintain and repair the premises in a timely manner; and
21.3
comply with all laws affecting the premises including building, health and safety laws.
URGENT REPAIRS
22. Urgent repairs are defined by the Residential Tenancies Act 1987 and fall into 2 categories: repairs that are necessary
for the supply or restoration of an essential service and other urgent repairs.
Essential services are listed in the Residential Tenancies Regulations 1989 as electricity, gas, a functioning refrigerator (if
one is provided with the premises), waste water management treatment and water (including the supply of hot water).
Arrangements for repairs that are necessary to supply or restore an essential service must be made with a suitable
repairer within 24 hours. Other urgent repairs are those that are not an essential service, but may nevertheless cause
damage to the premises, injure a person or cause undue hardship or inconvenience to the tenant. Arrangements for
these repairs must be made within 48 hours.
23. In every tenancy, if the need for urgent repair arises other than as a result of a breach of the agreement by the tenant:
23.1
the tenant is to notify the lessor or the property manager of the need for urgent repairs as soon as practicable;
and
FORM 1 AA Residential Tenancy Agreement Page 5 of 10