Lease agreements explained (from http://www.sa.gov.au/)

Ren

Hi All,

Accommodation is one of the first thing you need to secure here in Australia, so it is important to learn and understand how things work here down under. There seems to be a lot of incidence, where new migrants and students are taken advantage of some landlords. From over pricing of the rent, to holding fees (no such things exist!) and asking for bonds that will never be lodge at Consumer and Business Services (CBS).

This information is from the SA gov website. Please read.

http://www.sa.gov.au/subject/Housing,+property+and+land/Renting+and+letting/Finding+a+place+to+rent/Lease+agreements,+and+landlord+and+tenant+responsibilities/Lease+agreements+explained

Ren

Lease agreements explained

What is a lease agreement?
The Residential Tenancies Act 1995 is the legislation that regulates lease agreements.

Before you move into a new property you will usually be given a lease agreement to sign. This is a legal document that sets the conditions of your right to occupy the property. The lease agreement will detail some of your responsibilities and those of your landlord. It is important to read this document carefully and understand what you are signing.

Don’t sign a document if you don’t understand it. Ask the landlord for explanations of any items that are confusing or that you are unsure of. If you have any concerns about a lease agreement contact Consumer and Business Services (CBS).

A lease agreement doesn’t have to be written, it can be verbal or just implied, but a written agreement will give you greater legal protection if anything goes wrong. You can ask for a lease agreement to be made in writing and the landlord will have to cover any costs for arranging this.

The landlord must provide you with a copy of the lease agreement you both signed. You should keep your lease agreement until after the bond has been released by the landlord after the end of your tenancy.

Ren

What conditions are normally covered in a lease agreement?


Lease agreements will usually set out:

• the amount of rent charged and when it is due
• the length of your tenancy
• who is responsible for property maintenance and water costs
• acceptable standards of behaviour for you, your household and visitors
• how the landlord can give you written notice before they can access the property.

The landlord can include additional conditions as long as they don’t contradict the Residential Tenancies Act 1995.

For more information - see lease agreement terms inconsistent with the Residential Tenancies Act 1995 http://www.sa.gov.au/upload/franchise/Housing,%20property%20and%20land/OCBA/lease_agreement_terms_inconsistent_with_the_Residential_Tenancies_Act_1995.pdf (PDF 36KB). For an alternative version of this document contact Consumer and Business Services (CBS) tenancies branch.

Once a lease agreement is signed the landlord can not change, remove or add extra conditions without negotiating them with you. Any changes should be noted on the original lease agreement and signed by you and the landlord.

Ren

Different types of lease agreements
There are different types of lease agreements. These set out how long your tenancy is for, how you can end the tenancy and when the landlord can increase the rent.

Fixed term agreements
These agreements will set an end date for the tenancy - eg six months. The end date can’t be changed by either you or the landlord unless you both agree to it.

Rent can’t be increased during this period unless there is a specific condition in your lease agreement. This could be a sentence stating the landlord can choose to increase the rent by giving written notice or it could show the new rent amount and when it will apply.

If you want to leave a fixed term agreement before the end date, speak to your landlord. You may be liable for costs associated with readvertising and reletting the property, as well as for any loss of rent.

A landlord can’t end your tenancy early without negotiating with you first. The only exception is if you have failed to comply with the conditions set out in the lease agreement, also referred to as breaching the lease agreement, and you are being evicted - eg for not paying rent.

Short fixed term agreements
These agreements set out a tenancy for up to 90 days but otherwise the same conditions apply as for a fixed term agreement. A written notice of a short fixed term agreement must be given to you as well as the lease agreement for both you and the landlord to sign.

Periodic agreements
These agreements are for an indefinite period until you either choose to move out or the landlord gives you written notice to leave.

Rent can increase once every six months either since you signed the lease agreement or since the last rent increase. The landlord must give you 60 days written notice before the rent can be increased.

Yogo

Good thing you informed them of this. I was one of the victim of this also. I was charged of "the Holding fee". To think that the landlord is of our fellow kababayan. Greed is the root of all evil.

ADL

ano po yung "Holding fee"?

vhoythoy

Kailangan mabasa mabuti. Ang concern ko lang nman actually is for example nagrent ka sa melbourne and dun place of work mo, then suddenly you got job in other areas like sydney or perth, pwede mo ba alisan ung rent mo after giving them advise like or short notice. Baka depende din sa contract.

Ren

@vhoythoy yup depending on your contract, there is always a clause regarding broken lease, most of the time you have to pay a certain amount of your remaining rent, unless you find someone who can take over the lease.

tartakobsky

@Ren good day po! Madali lang po kaya makakuha ng rental property kahit mga new migrant po? I-entertain po kaya kami ng mga agents? Kahit wala pa po work?

Ren

@tartakobsky

Sorry super late reply hehehe natabunan kasi sa notifications ko ito. To answer your question i think its easier for a new migrant to get into a share house than a proper rental property. Since most agent requires some rental history from previous accommodations.

tartakobsky

@Ren salamat po madam. after 20 application may isang nag-approve po sa amin.

ambull

@Ren Good evening. I will be migrating with my family probably by mid-feb next year. You mentioned na advisable na shared rental muna para sa bagong migrants. Base on the adds I am checking I cant find any shared occupancy available that would accommodate a family (2 adults + 2 kids). Any advice you can give me? Ang plano ko sana is I will temporary arrange an accommodation for 1 to 2 weeks (Hotel / Hostel etc...) then I will be looking for an apartment. Although medyo malayo pa pero I am worried, kasama ko na kasi ang mga anak ko (12 & 11 years old). Actually we don't know anybody from Adelaide. Please advice. Tnx

Ren

@ambull pm sent

rareking

@ambull Hi there. pakishare na din ng hotel at apartment adventures mo later para magamit din namin.. will be in Adelaide almost the same time as you.. family of 3.

ambull

@Ren Tnx for the reply. Still thinking hard on the Pros and Cons pagsinama ko agad ang buong family.

ambull

@rareking No problem. Hoping for the best. BTW your in what Industry? Need to start building helpful network in AU before the big day. You and your family will be entering AU from Phil?

ambull

@Ren Pahabol lang. What are the other fees do I need to pay when renting. Aside from the Bond, do I still to pay agents fee? Stamp fees etc....

Ren

@ambull,
Rent, Electricity, internet, gas (unless electric heating and cooking) and water depending on the agreement.

nope walang agent fees.

ambull

@Ren Tnx for the information.