A Tenancy Agreement is a legal written contract between tenant and landlord.
The Tenancy agreement must include:
- the set of standard ‘terms’ (details about what the tenant and the lessor/agent can and can’t do);
- the name and address of the tenant, and the agent (if there is one) or the lessor;
- the dates when the agreement starts and ends (or state that the agreement is periodic);
- details about how the tenant should pay the rent and how much rent is to be paid; and
- any special terms (special terms in the agreement must not conflict with the standard terms or the law).
A Tenancy agreement is divided into two parts, the terms of the agreement and an Entry Condition Report.
The terms of the agreement apply to all Landlords and tenants and cannot be altered or deleted, however additional terms may be added. Be sure to once again read the agreement before signing it.
The tenant, before moving in must be given (by you) a copy of the proposed tenancy agreement (all parts filled out), sufficient time to read and sign it, a copy of the condition report and a list of any entry costs. (See detailed below additional state specific forms also required)
Once the Residential Tenancy agreement has been signed by both parties you must give each tenant stated on the agreement a copy, along with the condition report within a state specific time frame (see detailed below).
NSW and QLD: a tenancy agreement is required by law in every circumstance even when renting to family or friends. It must be provided by the Landlord.
SA, ACT, TAS, NT, WA and VIC: A tenancy agreement between a property owner (Landlord) and a tenant may be in writing or it may be a verbal agreement.
Provisions of the Act apply to all Agreements
Whether stated or not in the agreement, the provisions of the Residential Tenancy Act form part of the agreement. Any provision in an agreement that is inconsistent with the Act has no effect in law and cannot be enforced by the owner.
If there is a dispute about whether any part of an agreement complies with the Act, any party can apply to a magistrate, who will determine whether that part of the agreement complies with the law.
Any Tenancy agreement prepared by a Landlord must comply with the provisions of the Act.
Tenancy agreements in each state:
NSW: Tenancy Agreements download this, can also be purchased from most Newsagencies and stationary stores or directly online with Real Estate Institute of NSW.
The tenant before moving in must be given by you a copy of the New Tenant Checklist.
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ACT:
Standard Tenancy Agreement – ACT
The tenant before moving in must be given by you a copy of this booklet – The Renting Book
Sometimes landlords and tenants agree to different terms or extra terms, either in the lease or verbally. These different terms may not be enforceable, even though you have signed them or agreed to them. For more information, read our Frequently Asked Question – Extra terms and standard leases – what terms are enforceable?
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QLD: The tenant before moving in must be given by you a copy of this booklet Renting a house or unit in QLD (form 17a). They must sign and return the agreement to you within 5 days. You then have 14 days to give a copy of the signed agreement to the tenant.
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VIC: The tenant before moving in must be given by you a copy of Renting a home: A Guide for Tenants must be given to all tenants named on the lease agreement on or before the day they move in. Once the Residential Tenancy agreement has been signed by both parties you must give the tenant a copy within 14 days.
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WA: The tenant must be given by you a copy of the form Schedule 2 Information for Tenant within at least 21 days of signing it. The entry condition report must be completed and signed by your tenant within the first week of tenancy.
WA: Fixed term tenancy agreement (form 24a)
WA: Periodic tenancy agreement (form 24b)
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NT: There is no single required format for a written tenancy agreement. To assist landlords, the Real Estate Institute of the Northern Territory (ph: 08 8981 8905) has produced a standard tenancy agreement that is available for purchase. You may use any form of written tenancy agreement as long as the agreement complies fully with the ACT.
You are required to give the tenant a copy of the signed lease agreement, a copy of the completed condition report within 7 days or within 3 days of the tenant taking possession of the premises.
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TAS: There is no single required format for a written tenancy agreement. To assist landlords, the Real Estate Institute of Tasmania (ph: 03 6223 4769) has produced a standard tenancy agreement that is available for purchase or contact us and we can arrange to have one mailed to you ($76). You may use any form of written tenancy agreement as long as the agreement complies fully with the ACT.
The owner must give the tenant a copy of the written agreement within 14 days of beginning the tenancy. The agreement should be easily legible, clearly expressed, and printed in a font size of 10 points or more.
You are required to give the tenant a copy of the signed agreement and The Rental Guide within 14 days of the beginning of the tenancy.
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SA: You are required to give the tenant a copy of the signed lease agreement and information brochure before the tenancy begins.
SA: Short fixed term tenancy agreement
SA: Periodic agreement
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Additional / Special Terms
You don’t have to have additional terms (they are negotiable) but may include things such as the tenant agreeing to fix things on the premises i.e. tap washers or any other repairs required. It is a breach of the tenancy law to add any terms that conflict with the Act or its current terms, even though the tenant signs it, the agreement will be still be deemed invalid.
