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Question

The Lease – Part A

Answer 1

PARTIES TO THE AGREEMENT – Benchmark on behalf of the Lessor and you the tenant(s).

TERM OF AGREEMENT – The agreement is either for a fixed term or periodical term.

RESIDENTIAL PREMISES – The address is noted and any extraordinary inclusions/exclusions.

MAXIMUM # OF OCCUPANTS – No additional people are to reside at the property than those accepted. If any tenant to the lease vacates you must inform us immediately to complete a Bond Variation.

RENT – The weekly rent amount is listed, together with the “period” of each payment. This clause also states that rent must be kept ONE WEEK IN ADVANCE and when the first payment is to be made. (This will always be the start day of the lease).

SECURITY BOND – The security bond payable is 4x weekly rent, plus $260 if a pet has been accepted.

RENT INCREASE – The lessor may increase the rent no sooner than every 6 months, by no more than 10%. 60 days notice of such must be given. This applies to fixed term leases as well as periodical leases.

WATER SERVICES: Generally all properties in Perth are connected to water.

WATER USAGE COSTS: You will pay 100% of your water consumption cost.

PERMISSION TO CONTACT THE WATER SERVICES PROVIDER: The Water Corporation generally will not separate the water account, and since the lessor pays the water rates, we pay both rates and usage on their behalf and invoice you for the consumption portion.

ELECTRICITY, GAS AND OTHER UTILITIES: Houses are usually straightforward however in the case of units/apartments sometimes the utilities are not separately metered. This section sets out the calculation of bills if this the case.

STRATA BY-LAWS: If the rental property is governed by a strata, the by-laws will be attached and must be abided by.

PETS: Only the pets accepted upon application are to be kept at the premises (including outside). Permission must be sought for any other or additional. If a pet has been accepted, a Pet Lease will be accompanied to this lease as well.

RIGHT OF TENANT TO ASSIGN OR SUB-LET: Only the people named on the application and this lease may reside at the property. Approval must be sought for additional persons. Remember: if any tenant to this lease vacates, you must inform your Property Manager!

RIGHT OF TENANT TO AFFIX AND REMOVE FIXTURES: You must seek approval to affix, alter, renovate or make any addition to the premises. This includes painting, pictures hooks, 3M hooks, blutac, etc.

PROPERTY CONDITION REPORTS (Very important document)

You will be provided with 2 copies of the property condition report within 7 days of moving in. You must make any disagreements on this report, sign and date and return to our office within 7 days. Remember to use this report to return the property the same condition at the end of your lease.

You will receive a copy of the signed Property Condition Report once completed.

Answer 2

RIGHT TO OCCUPY THE PREMISE – You have exclusive right to quiet enjoyment of the premises.

COPY OF AGREEMENT – you must be given a fully executed copy of the lease signed by all parties within 14 days.

RENT – Rent must be paid on time and in advance. We strictly issue breaches and terminations if payments are not received.

PAYMENT OF COUNCIL RATES, LAND TAX, WATER RATES etc – The lessor pays, not you.

PUBLIC UTILITY SERVICES – i.e. gas, electricity, and water usage. You will be responsible for these accounts.

POSSESSION OF THE PREMISES – You must be given the keys and vacant possession on the start date of this lease.

TENANTS RIGHT TO QUIET ENJOYMENT – We, nor the Lessor, can come around and interrupt you without providing the required written notice, unless you agree.

USE OF THE PREMISES BY TENANT – You are responsible for the cleanliness, damages and conduct at the premises.
LESSOR’S GENERAL OBLIGATIONS – Unless otherwise reported, everything should be in working order and reasonably clean for you to move in. The Lessor must repair items once reported by you.URGENT REPAIRS – You must report repair requirements to us ASAP. Essential service repairs must be arranged w/i 24hrs, and urgent repairs w/i 48hrs. All our mobile numbers are on our website in case you can’t reach your own property manager. If w/i this time frame you can’t reach us, you can organise the minimum required repairs.
LESSOR’S ACCESS TO THE PREMISES – Unless you agree, we or the Lessor must give you the prescribed amount of notice to enter the premises. All the notice periods for each situation are noted in this section.

REASONABLE TIME – Unless you agree otherwise, reasonable time is 8am-6pm M-F or 9am-5pm Saturday.

REQUIREMENT TO NEGOTIATE A DAY AND TIME FOR A PROPOSED ENTRY BY THE LESSOR – If our proposed entry times do not suit you, we will make a reasonable attempt to negotiate a suitable time.
REQUIREMENT TO GIVE TENANT NOTICE OF PROPOSED ENTRY – We will advise AM or PM for proposed entry.
TENANT ENTITLED TO BE PRESENT – You have the right to be there for inspections, maintenance, etc if you choose to.ENTRY MUST BE REASONABLE AND NO LONGER THAN NECESSARY – We can’t hang around unnecessarily
LESSOR’S OBLIGATION TO COMPENSATE TENANT IF DAMAGE TO TENANT’S GOODS – It’s never happened but if we knock over your porcelain doll collection (for instance) we will compensate you.

ALTERATIONS AND ADDITIONS TO THE PREMISES – You must not alter the premises without permission, and you must not refuse that the Lessor alter the premises.

LOCKS AND SECURITY DEVICES – The Lessor must assure the premises adheres to the minimum security requirements. Neither you nor the Lessor can change locks without consent of the other.

TRANSFER OF TENANCY OR SUB-LETTING BY TENANT – Without written consent, no other persons than those noted on this lease and/or accepted upon application may reside at the property. If you need to vacate and end your lease please advise us.
CONTRACTING OUT – No clauses that contradict the Residential Tenancies Act may be added to this lease.
ENDING THE RESIDENTIAL TENANCY AGREEMENT – At the end of the lease, use your Property Condition Report as a guide to return the property to the condition it was in at the commencement of the lease. You must remove all your belongings and return all keys and remotes to our office.ENDING A FIXED TERM AGREEMENT – Unless agreed by both parties, the lease does not end unless we have given you 60 days notice in writing or you have given 30 days notice in writing.
ENDING A PERIODICAL AGREEMENT – Unless agreed by both parties, , the lease does not end unless we have given you 60 days notice in writing or you have given 21 days notice in writing.

OTHER GROUNDS FOR ENDING AGREEMENT – Different notice periods exist if property is sold or destroyed etc
SECURITY BOND – We send your bond to the Bond Admin to be held until the end of your tenancy. There will be communication with the Bond Admin at the end of your tenancy to have the bond released. If any amount is to be withheld and you disagree, we may be required to apply to court for a judgment.
TENANCY DATABASES – You may be listed on a residential tenancy database at the end of the lease if things go sour.ADVICE, COMPLAINTS AND DISPUTES – Dept of Commerce and Consumer Protection 1300 30 40 54.

Answer 3

1. REQUIREMENT FOR EXISTENCE OF LEASE

In order for this lease to be binding, all parties must have signed it, and you must have paid your bond monies and first 2 weeks worth of rent.

2. THE TENANT’S OBLIGATIONS

RENT – You must pay your rent punctually up to the end of your lease. You may be penalized $5000 if you intend for any rent monies to be deducted from your bond.

RENEGOTIATED FIXED TERM LEASE –The new rental amount can only take effect 30 days after a NEW lease begins.

RENT REVIEWS – Rent can increase by a maximum of 10% every 6 months. 60 days notice must be provided to you.

PETS – Only the pet(s) that has been accepted upon application can be kept on the premises. Any new pet requires a new pet application be accepted. No restricted breeds of dogs are allowed on the premises.

PET SECURITY BOND – If a pet has been accepted you must pay $260 as a pet bond. This may be applied to the cost of fumigation at the end of your lease.

SMOKING – Smoking is not permitted inside.

SERVICE – You must notify the gas and electricity utilities that you are now a tenant to the premises, and the opposite at the end of the lease. (If you ticked the box on your application for ConnectNow we will organise this for you).

TELEPHONE – The Lessor makes no representations about the availability of telephone lines or internet lines or services to the Premises. You must make your own enquiries. You are allowed to put in cabling and lines provided no damage is done to the Premises in installing or removing them and you pay all costs. Any cabling or lines left at the end of the tenancy with the Owner’s consent, becomes the property of the Owner. If the Owner requests the cabling or lines to be removed, You must remove them and make good any damage caused by the removal. (Foxtel, Satellite dishes etc must be approved.)

STRATA COMPANY – If applicable, you must comply with the Strata rules.

TENANT TO KEEP PREMISES CLEAN – You are required to keep the Premises in a clean and sanitary condition and free from dirt, oils, grease, insects, and vermin. You are responsible for the eradication of insect and vermin infestations caused by your activities or lack of cleanliness.

CHATTELS – You agree to keep all floors, floor coverings, skirting boards, walls, ceilings, windows, window treatments, doors (including glass if any), light fittings, fixtures and fittings (including reticulation fittings/sprinkler heads), and Inventory in the same condition as they were in at the commencement of this Lease and in accordance with the Property Condition Report (fair wear and tear excepted).

SMOKE ALARMS AND RCD’s – You agree to regularly check smoke alarms and RCDs and let us know if they aren’t working.

LIGHT GLOBES – It is your responsibility to change light globes and make sure they are all working when you vacate.

GARDENS – You must water, fertilize, weed and tidy the lawns and gardens regularly. Please do not remove any existing plants.

SWIMMING POOL/SPA – If the Premises includes a swimming pool or spa, You agree to:

Maintain the pool or spa and any associated equipment in a properly treated and clean condition. Please note that even if pool servicing is included in the rent, it is the Tenant’s responsibility to maintain the pool.

Observe all legal requirements during the period of this Lease(for example, gates must be kept closed).
Not to drain the pool without the Owner’s consent.

That all chemicals required to maintain the pool and/or spa water condition are to be purchased at your expense.

At the end of this Lease you agree to return the swimming pool, spa and equipment to a condition comparable with that at the commencement of the Lease.

If the Owner at the commencement of the Lease provides pool chemicals, then a comparable quantity of the same chemicals are to be provided by the Tenant at the end of the Lease.

You agree that at the end of the tenancy that you will secure all portable pool cleaning equipment in a locked area on the Premises.

You agree to provide to the Owner a certificate from a professional pool operator stating that the pool and all its apparatus, including the filter, are in good working order and in a hygienic safe condition at the end of this lease.

DAMAGE AND DISREPAIR – You are responsible for any damage or repairs that arise from or are attributable to an act or omission by you or your visitors. You agree to report all damage and any state of disrepair to the Premises within 3 days. Failure to do so will render the Tenant liable for all costs incurred by the Lessor as a result of such failure to report.

INSURANCE – You must no do anything to invalidate the Lessor’s insurance policy.

EXCESS ON INSURANCE – If the Lessor elects to use their insurance to cover any loss or damage caused by the tenant(s), then you are liable to pay the excess on the claim.

ALTERATIONS TO THE PREMISES – You cannot put up signs on, paint, use blue tack, adhesives, or drive nails/screws into or deface any part of the premises.

OBJECTIONABLE BEHAVIOUR – You must not interfere with the peace and privacy of neighbours.

WATER BEDS, AQUARIUM, SWIMMING POOL, SPA – You must get written consent to have any of these. Any damages to the premises will be at your cost even if you have received written consent.

LAUNDRY – You must not hang any articles on balconies or verandas (this mostly applies to apartment buildings).

INDEMNIFY THE LESSOR – You must compensate the Lessor for any loss as a result of:

Any damage to the premises/chattels/furniture
Any claim made against the lessor (damage or personal injury)
Any matter arising from a breach of the permitted uses of the premises

INSPECTIONS – Provided we have given the required notice (7-14 days in writing), we or the Lessor may enter the premises. Photos will be taken at inspections.

KEYS AND ELECTRONIC KEYS – You must be provided with at least one set of keys. Any keys you get copied must be provided to our office at the end of the lease.

3. DEFAULT

If you are terminated because you have breached your lease agreement you will be responsible for damages and losses to the Lessor.

If you must break your lease/vacate prior to the expiry of your lease, you will be responsible for “Break of Lease fees”. (This will be covered in Additional Terms.)

4. END OF TENANCY

SWIMMING POOL AND SPA EQUIPMENT AT END OF TENANCY – If there is a pool/spa you must replace all the chemicals when you vacate and make sure all equipment is in a locked area on the premises.

MOVEMENT OF CHATTELS – You must return all items to their original position on the premises as noted on the property condition report.

CLEANING OF CARPETS – You must have the carpets professionally cleaned at the end of your lease and provide a copy of the receipt when you return keys.

5. DEFINITIONS AND INTERPRETATIONS

If any clause contradicts are illegal, this clause will be void but all other clauses are effective.

Keys = All keys

Inventory = Furniture

Lessor = Owners of property but includes their Property Manager

If Tenant or Lessor comprises more than one person but written as singular it still binds all tenants or lessors.

6. PRIVACY ACT 1988 – COLLECTION NOTICE

We may provide information collected through the management of the tenancy to the Lessor, subsequent lessors, courts of law, other real estate agents and operators of tenancy reference databases.

7. ANNEXURES

Any attached annexures form part of this Lease.

Please take a few moments to read through each of the Additional Terms on pages 14 and 15 of your Lease Agreement.

We look forward to having you as tenants!

Benchmark Specialist Property Managers

Answer 4

Additional terms

1) Breaking the Lease:

The tenant is made aware that should they wish to break the lease they are responsible for the upkeep of the property until it is re-let to an applicant approved by the Agent and/or Lessor AND reimbursing the Lessor for cost, including but not limited to:

a) Rent and outgoings until the property is re-let
b) General upkeep of the property (lawn mowing, gardening, etc) at cost until the property is re-let
c) Reimbursing the Lessor for i) the unexpired portion of the leasing fee (this is calculated amount stipulated in the Management Authority divided by 365 days, multiplied by the remaining days left to the lease expiry), ii) advertising costs, iii) tenant enquiry fees, iv) tenant information pack fee, v) final bond inspection fee, vi) property condition report update fee, vii) the difference in rent up to the lease expiry should the rent be reduce to re-let.

2) Locked out after hours:

Should the tenants get locked out after hours, it is their responsibility to call a locksmith to regain access.

3) Carpet & Furniture Cleaning:

Carpet floor coverings and any upholstered furniture (sofas, mattresses, etc) are to be professionally cleaned at least one time in each 12 month period of occupancy and after vacation. The receipt for professional cleaning is to be forwarded to the agent.

4) Furnished properties:

Tenants are responsible for providing NEW mattress covers for each mattress and new pillow covers for each pillow at the end of the tenancy. Any item of a set that is broken, damaged, or missing must be replaced. If the same item is not available then a new complete set must be provided.

5) Protection of Floors:

The tenant agrees to place felt padding under the legs of all furniture that comes in contact with any hard floor surfaces throughout property. This MUST be done immediately upon taking possession and is at the Tenants cost. Tenant will be responsible for cost to repair/remedy all damage. Tenant is made aware that no steam mop should be used on timber or laminate floors nor excess water and chemicals used when mopping as this is likely to cause damage. Tenant acknowledges that any furniture placed on carpeted areas must have carpet squares/protection under legs due to timber stain/colour possibly sleeping onto carpet.

6) Reticulation / Lawns & Gardens:

The tenant agrees to never drive or park on the lawns, gardens or verge. The tenant is aware and accepts it is their responsibility to water and maintain the lawn, gardens, and sprinklers, and pipes including the verge area where applicable. Should there be reticulation at the property, the Tenant is aware that they are responsible for the general upkeep of the system i.e. keeping sprinkles free from sand, grass and debris. Any sprinkles that are broken during the tenancy are the Tenants cost and responsibility to replace. Should at any time the system be dysfunctional or not cover all areas, it is the Tenants responsibility to hand water. Should a lawn mowing and/or gardening service be included in the rent, the Tenant is still responsible for all maintenance stated at items 2.21, 2.23, 2.24 including watering, fertilizing, weeding, pruning, treating, and cleaning sprinkle heads. The Tenant/s acknowledge that if the gardens and lawns are not maintained at an inspection, or at the end of a breach notice period, a garden maintenance company will be employed to return the grounds back to the condition as per the property condition report at the start of the tenancy and costs will be charged direct to the Tenant/s.

7) Paintwork:

The tenant agrees that if they have chipped or damaged any paintwork at the premises, they must repair the damage and paint the entire wall matching the existing paintwork.

8) General Maintenance & Hygiene/Cleanliness:

The Tenant agrees to:

a) Remove oil or grease marks from driveway, porches, and carport/garage, floors BEFORE each inspection

b) Sweep/clean the flue of any slow combustion heater or fireplace used during occupancy of the premises

c) Remove spider cobwebs from under eaves, window frames, downpipes, gutters, patios and pergolas, as well as from any internal cornices, ceiling, walls, etc.

d) Clean both sides of window panes, sills, fly wire/screen, light fittings, doors, door tracks, (including sliding wardrobe doors), skirting boards, and architraves free of dust, dirt, grease, grit, cobwebs and insect remnants

e) Engage and incur the cost of a professional window cleaner to clean interior and exterior of all household windows, glazing, fly wire screens, tracks, and sills at least one time in each 12 month period of occupancy and after vacating the property.

f) Vacuum and clean curtains and fitting on a regular basis

9) Swimming Pool and/or Spa:

a) If there is a swimming pool or spa on the property, It is to be maintained on a regular basis i.e. floors, walls, steps and filters cleaned and water chemically balanced. Should the tenants require assistance in this area, or at the agents discretion a professional pool cleaner is to be engaged and retained by the Tenants to regularly monitor, service, clean the pool and attend to the proper balancing of chemicals.

b) Should a pool service be included in the rent, the Tenant will be billed for all chemicals required throughout the tenancy.

c) Where a regular pool service is organised by the Lessor/Agent, the Tenants are still responsible for the maintenance between services as per Item 2.19.

d) Upon vacating, a receipt for the below dated within 3 days prior to lease expiry, is to be provided to Agent upon returning keys on the lease expiry:

i) A receipt of professional pool service,

ii) written report on its condition,

iii) and noting supply of chemicals equivalent to that supplied at commencement of tenancy.

e) Should the Tenant be required to vacate early, break their lease agreement, or be away from the property the Tenant agrees to engage and bear the cost of a professional pool service to ensure the above conditions are met.

10) Ventilation:

The Tenant agrees to sufficiently ventilate, especially bathrooms and laundry, to avoid moisture damage. Any cleaning or damage rectification required due to lack of ventilation will be a Tenant cost and responsibility to rectify.

11) Invoices:

Invoice are to be paid promptly to our office within 14 days. Payment may be made via BPay using the same BPay details as for rental payments.

12) Repair/Maintenance reporting:

All reporting/requests, for maintenance or repairs are to be put in writing via email to the Property Manager. Should the tenant request a maintenance or repair for which no fault is found, the Tenant agrees to pay the associated cost.

13) Tenants are made aware and agree to clean a) any stainless steel appliances e.g. hotplate, oven, dishwasher, range hoods, etc only with reputable stainless steel cleaning products; and b) marble, stone or granite with reputable cleaning products designed for such surfaces and further agree that at no time are they to use any scourers or abrasive products that may cause any kind of damage in the home.

14) Agent will take no responsibility for mail once a Tenant vacates, it is the Tenants responsibility to organise mail redirection.

15) The Tenant will be responsible for the cost of repairs and/or replacement of vertical blind components including blades, weights, chains, etc if damaged by Tenant, Tenant pets or their guests. The Tenant must also have the vertical blinds professionally cleaned if they are stained.

16) The Tenant will be responsible for the cost of repairs and/or replacement of damaged/buckled security screens and replace all fly wire if there are catches/rips or tears with like for like. The Tenant will not be responsible for damage resulting from a break that has been reported to Police with a Police Report Number being issued and provided to the Agent within 2 working days.

17) Tenants agree to maintain garage remote/air con remotes/doorbell etc and ensure live batteries are in place at all times. Tenant agrees to notify immediately if any smoke alarm/detector or RCD appears to require maintenance/repair. Should a tenant tamper with any smoke alarm/detector or RCD or cause damage, they will be liable for the cost of repair.

18) A Tenant is not permitted to run a business from the premises without the Lessors permission, council approval and correct and adequate insurances in place with copies of all noted documents to be provided to the Agent. It is at the Lessors discretion to allow a business to be run from their premises. Failure to comply with the above will be deemed a breach of the Tenancy Agreement.

19) The Tenants acknowledge that they must arrange their own contents insurance if they want their belongings insured. The property owners building/contents insurance does not cover Tenant possessions under any circumstances.

20) Should the Tenant(s) give notice to vacate then withdraw, the Tenant(s) will be liable for reimbursing the Owner(s) for the marketing cost.

21) The Tenants acknowledge that the Lessor/Managing Agent will take photos at routine inspections.

22) If the Lessor agrees that a Pet may be kept at the premises the tenant agrees to the following conditions:

If the pet can carry parasites, the Tenant agrees to pay a $260 pet bond.
If the premises are part of a strata scheme and the Strata owners resolve that pets cannot be kept on the premises, then the Tenant must have the pet immediately removed from the premises.
The Tenant agrees to abide by any laws or by-laws of the local, city or state laws, licensing and health requirements regarding pets, including vaccinations
The Tenant must keep the premises and pet clean, odour free, and free from parasites at all times.
The Tenant agrees to keep the pet outside unless otherwise agreed in writing by the Lessor.
The Lessor may at any time request a photograph of the pet and the Tenant must provide.
The Tenant is liable or any damage to the Premises or injury caused by the pet and will pay the Lessor for any costs incurred as a result of such, including damage to garden, lawn, reticulation, fence, full area of carpet, skirting boards, etc.
The Tenant warrants to have inspected the Premises and deems the Premises adequately enclosed, otherwise the Tenant agrees to make their own alternative arrangements to accommodate the pet without damaging the Premises.
Should the fence at the Premises be damaged by causes other than Tenant or the pet, the Tenant must promptly notify the Lessor/Lessors Agent as well as make alternative arrangements to accommodate the pet until the fence is repaired.
The Tenant is responsible for the cost of professional flea fumigation of the premises at the end of the tenancy.
The approval for pets on the premises pertains only to those noted above and any additional or replacement pets must be approved by the Lessor in writing and subject to the above conditions.
The pet shall not cause any sort of nuisance or disturbance to neighbours, their visitors or their pets, and must be kept controlled at all times.
If the Tenant breaches the above conditions and fails to remedy any breach within 14 days after written notice of breach has been given, then the Tenant must immediately remove the pet from the Premises.

23) Inspections – Further to inspection Clause 2.36, we will take digital photographs of the premises, grounds, and any maintenance items. Routine inspections commence approximately 6 weeks in to the tenancy and every 3 months thereafter with 7-14 days notice being given.

24) Rent Dishonour Fee:

The Tenant/s understand and agree that they are responsible to pay any associated rent DEFT rejection costs (of $15.00) that may occur as a result of the Tenant/s not having enough funds available via bank account/credit card.

25) Ending a Tenancy:

A Fixed-term tenancy agreement will not automatically terminate on the expiry date unless on or prior to the expiry date, either you or the lessor/property manager gives the other 30 days’ written notice of the termination.

In the case of a Periodical Lease Agreement, the Tenant/s must give a minimum of 21 full days’ written notice.

Overview

1. Communication

2. Our Standard Lease

The Lease – Part A

The Lease – Part B

The Lease – Part C

Annexure