Australian Draft Lease Agreement

Each of the Australian states and territories have passed legislation to govern residential tenancies. A Rental Agreement is governed by the respective residential tenancies Act although some rental agreements are excluded from the operations of the Act. An example of this may be where the tenant has an agreement to buy the premises. In addition some types of premises may not be governed by the Act even though they may be subject to a residential tenancy agreement.

These may include hotels or holiday houses, where in other states the legislation may extend to mobile homes, caravan parks and boarding houses. Essentially there are many similarities in each state Act and just as many differences. If you are a landlord its in your interest to familiarise yourself with the operations of the residential tenancies act that applies to you. If you are a tenant and want precise information on your rights and obligations you will also find it in the act.

Some of the residential tenancies Acts provide for a prescribed standard form of rental agreement. These standard rental agreement forms set out the minimum rights and obligations of the landlord of the rental property and the tenants and must form part of any residential tenancy agreement be it oral or written. These minimum provisions deal with

• the payment of rent, where and when the rent should be paid and may also provide for rental increases
• the term of the rental agreement and what should happen when the rental term ends
• the landlords access to the premises and under what circumstances the landlord or landlord’s agent may enter the premises
• the administration of security bonds
• the tenants right to quiet enjoyment of the property
• additions to the premises
• who pays for water electricity and services to the rental property
• the tenants obligation for the actions of others
• the tenants obligations to look after the premises during the term of the tenancy
• Locks and security devices
• procedures under which the tenancy may be terminated leading to the landlords recovery of the property.
• and many more depending upon your state or territory.

Parties to a residential tenancy agreement may insert additional terms to the prescribed rental agreement but only if the terms do not contravene the tenancy Act. Additional terms may be void if found to be inconsistent with the prescribed form or the Act. So in effect parties to a Residential Tenancy Agreement cannot contract out of their obligations.

Below we have Available for Immediate Download Draft Lease Agreement kits for Each State from our partner RPEmery and Associates.

Australian Capital Territory draft lease agreement

New South Wales draft lease agreement

Victoria draft lease agreement

Queensland draft lease agreement

Northern Territory draft lease agreement

Western Australia draft lease agreement

South Australia draft lease agreement

Tasmania draft lease agreement

For those who love their research you will find the relevant Residential tenancies act here

• Australian Capital Territory - Residential Tenancies ACT 1997
• New South Wales - Residential Tenancies Act 1987
• Northern Territory - Residential Tenancies Act 1999
• Queensland - Residential Tenancies Act 1994
• South Australia - Residential Tenancies Act 1995
• Tasmania - Residential Tenancy Act 1997
• Victoria - Residential Tenancies Act 1997
• Western Australia - Residential Tenancies Act 1987