For more specific information about this process you should refer to the Residential Tenancies Authority (RTA) website.
- Fixed Term Agreement – This has a start and an end date; and
- Periodic Agreement – This has a start date but no specific end date.
It is common for most tenancies to commence on a fixed term agreement for either six or 12 months (although a fixed term agreement can be for any time period, provided it has a start and an end date).
At the start of a tenancy through our agency you will be provided with the following documents:
- A General Tenancy Agreement that includes the standard and special terms of the tenancy. Both parties will be required to sign this agreement;
- You will be provided with the Pocket Guides for Tenants which includes information about your rights and responsibilities under the law;
- Bond Lodgement Form which is used to lodge either a full or part payment of your rental bond money to the RTA; and
- The Entry Condition Report.
The Entry Condition Report is one of the most important documents in a tenancy. You are given three calendar days to note any additional comments on the Entry Condition Report and return a signed copy to your property manager. It is important that you take the time to complete this accurately and thoroughly, to ensure that the end of the tenancy goes as smoothly as possible.
- A blocked or broken lavatory;
- A serious roof leak;
- A gas leak;
- A burst water service;
- A dangerous electrical fault;
- Flooding or serious flood damage;
- Serious storm, fire or impact damage;
- A failure or breakdown of the gas, electricity or water supply to the premises;
- A failure or breakdown of an essential service or appliance on the premises for hot water, cooking or heating;
- A fault or damage that makes the premises unsafe or insecure;
- A fault or damage likely to injure a person, damage property or unduly inconvenience a resident of the premises; and
- A serious fault in a staircase, lift or other common area of the premises that unduly inconveniences a resident in gaining access to, or using the premises.
Most property managers will inspect the property every three months to ensure that the property and inclusions are maintained to a reasonable standard.
- Fixed Term Agreement – You are required to give a minimum of 14 days Notice of Intention to Leave. The 14 days notice cannot end prior to the fixed term tenancy expiring. If you want to vacate the property prior to the expiry of a fixed term agreement, this is referred to as a break lease. In a break lease situation, you are liable to pay rent up to the expiry of the fixed term or when another tenant occupies the property. You may also be liable for additional costs such as a break lease fee and advertising costs to re-let the property. A lessor/property manager is required to give a minimum of 2 months Notice to Leave.
- Periodic Agreement – You are required to give a minimum of 14 days Notice of Intention to Leave. The 14 days notice can be given at any time, as there is no specific end date on the agreement. A lessor/property manager is required to give a minimum of 2 months Notice to Leave. The only time a lessor/property manager can give a shorter notice period is if the property has been sold and the tenant is on a periodic agreement. A minimum of 4 weeks Notice to Leave can be given. However, the tenant must have been issued with a Notice of Intention to Sell Premises at the time the property was listed for sale.
Should you require any assistance with your move, we can arrange connections to your new home for a wide range of services, from electricity and gas to Internet and pay TV. Just contact us and we will do the rest!
This document has been prepared as a guide only and is subject to change at any time. This guide should not be considered professional advice or a substitute for professional advice. You should always consider seeking independent legal, accounting and financial advice before entering into an agreement or arrangement in respect of real property. A failure to seek appropriate advice may result in unforeseen legal or financial consequences. The authors of this guide and their agents accept no liability whatsoever for any inaccuracies or errors contained in this guide, which the authors confirm has not been prepared to take into account any person’s financial circumstances, situation or objectives.
Update coming soon…