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

RenRen Adelaide, SAPosts: 220Member
edited July 2013 in South Australia - Adelaide
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


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Comments

  • RenRen Adelaide, SA
    Posts: 220Member
    Joined: Jun 21, 2012
    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.

    I encourage you to join Official Fb Group Pinoy AU Adelaide https://www.facebook.com/groups/
    pinoyauadelaide/

    Job Searching Tips

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    Medical Laboratory Technician 311213 (SA State Sponsored 475) 21.8.10 IELTS/ 7.12.09 AIMS assessment/ 25.03.11 SA SS approved/ 27.03.11 VISA lodge DIAC/ 03.05.11 VISA grant/ 25.06.11 Initial Entry/17.10.11 Work/ 08.01.14 PR/ Citizen 30.08.16

  • RenRen Adelaide, SA
    Posts: 220Member
    Joined: Jun 21, 2012
    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.

    I encourage you to join Official Fb Group Pinoy AU Adelaide https://www.facebook.com/groups/
    pinoyauadelaide/

    Job Searching Tips

    http://pinoyau.info/discussion/849/job-searching-tips/p1

    Medical Laboratory Technician 311213 (SA State Sponsored 475) 21.8.10 IELTS/ 7.12.09 AIMS assessment/ 25.03.11 SA SS approved/ 27.03.11 VISA lodge DIAC/ 03.05.11 VISA grant/ 25.06.11 Initial Entry/17.10.11 Work/ 08.01.14 PR/ Citizen 30.08.16

  • RenRen Adelaide, SA
    Posts: 220Member
    Joined: Jun 21, 2012
    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.

    I encourage you to join Official Fb Group Pinoy AU Adelaide https://www.facebook.com/groups/
    pinoyauadelaide/

    Job Searching Tips

    http://pinoyau.info/discussion/849/job-searching-tips/p1

    Medical Laboratory Technician 311213 (SA State Sponsored 475) 21.8.10 IELTS/ 7.12.09 AIMS assessment/ 25.03.11 SA SS approved/ 27.03.11 VISA lodge DIAC/ 03.05.11 VISA grant/ 25.06.11 Initial Entry/17.10.11 Work/ 08.01.14 PR/ Citizen 30.08.16

  • YogoYogo Mandaluyong
    Posts: 5Member
    Joined: Mar 24, 2013
    edited August 2013
    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.
  • ADLADL Adelaide
    Posts: 15Member
    Joined: Jan 22, 2014
    ano po yung "Holding fee"?
  • vhoythoyvhoythoy Melbourne
    Posts: 1,550Member, Moderator
    Joined: Oct 31, 2012
    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.

    ANZSCO 221214 - Internal Auditor
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    And now...... living the life that i have imagined

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  • RenRen Adelaide, SA
    Posts: 220Member
    Joined: Jun 21, 2012
    @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.

    I encourage you to join Official Fb Group Pinoy AU Adelaide https://www.facebook.com/groups/
    pinoyauadelaide/

    Job Searching Tips

    http://pinoyau.info/discussion/849/job-searching-tips/p1

    Medical Laboratory Technician 311213 (SA State Sponsored 475) 21.8.10 IELTS/ 7.12.09 AIMS assessment/ 25.03.11 SA SS approved/ 27.03.11 VISA lodge DIAC/ 03.05.11 VISA grant/ 25.06.11 Initial Entry/17.10.11 Work/ 08.01.14 PR/ Citizen 30.08.16

  • tartakobskytartakobsky Melbourne
    Posts: 276Member
    Joined: Jul 26, 2013
    @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?

    312512
    27-07-13 IELTS/24-10-13 TRA +/25-10-13 EOI for 190/25-10-13 SS Application to SA/19-11-13 Invited for 190/21-11-13 Lodged 190/28-11-13 Medical/16-12-13 Upload SG CoC/17-12-13 Medical cleared/13-01-14 Upload NBI/22-01-14 CO allocated, uploaded additional docs/24-01-14 Thank you Lord! Visa grant/30-04-14 Landed in Adelaide

  • RenRen Adelaide, SA
    Posts: 220Member
    Joined: Jun 21, 2012
    @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.

    I encourage you to join Official Fb Group Pinoy AU Adelaide https://www.facebook.com/groups/
    pinoyauadelaide/

    Job Searching Tips

    http://pinoyau.info/discussion/849/job-searching-tips/p1

    Medical Laboratory Technician 311213 (SA State Sponsored 475) 21.8.10 IELTS/ 7.12.09 AIMS assessment/ 25.03.11 SA SS approved/ 27.03.11 VISA lodge DIAC/ 03.05.11 VISA grant/ 25.06.11 Initial Entry/17.10.11 Work/ 08.01.14 PR/ Citizen 30.08.16

  • tartakobskytartakobsky Melbourne
    Posts: 276Member
    Joined: Jul 26, 2013
    @Ren salamat po madam. after 20 application may isang nag-approve po sa amin.

    312512
    27-07-13 IELTS/24-10-13 TRA +/25-10-13 EOI for 190/25-10-13 SS Application to SA/19-11-13 Invited for 190/21-11-13 Lodged 190/28-11-13 Medical/16-12-13 Upload SG CoC/17-12-13 Medical cleared/13-01-14 Upload NBI/22-01-14 CO allocated, uploaded additional docs/24-01-14 Thank you Lord! Visa grant/30-04-14 Landed in Adelaide

  • ambullambull Sydney
    Posts: 14Member
    Joined: May 03, 2014
    @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

    July 15, 2013> Register with AIMS & received my 1st IELTS Reviewer.
    July 16, 2013> Submit initial documents & register to take IELTS
    Aug 20, 2013> CDR submitted to Engineering Australia
    Oct 19, 2023> IELTS result out Listening X, Reading X, Speaking X.X, Writing X.X
    Jan 28, 2014> Skill Assessment application approved by Engineering Australia
    Jan 29, 2014> EOI & State Nomination to SA submitted
    Feb 24, 2014> State sponsorship application with SA has been approved
    March 6, 2014> Visa application lodged & NSO requested document dispatched from the Philippine Head Office.
    March 24, 2014> Medical uploaded.
    April 22, 2014> NBI Clearance released and uploaded
    May 8, 2014> OC assigned Adelaide team 23
    May 20, 2014> NSO Birth Certificates uploaded
    May 30, 2014> Singapore COC uploaded
    July 9, 2014> Blessed Day Visa Granted

  • RenRen Adelaide, SA
    Posts: 220Member
    Joined: Jun 21, 2012
    @ambull pm sent

    I encourage you to join Official Fb Group Pinoy AU Adelaide https://www.facebook.com/groups/
    pinoyauadelaide/

    Job Searching Tips

    http://pinoyau.info/discussion/849/job-searching-tips/p1

    Medical Laboratory Technician 311213 (SA State Sponsored 475) 21.8.10 IELTS/ 7.12.09 AIMS assessment/ 25.03.11 SA SS approved/ 27.03.11 VISA lodge DIAC/ 03.05.11 VISA grant/ 25.06.11 Initial Entry/17.10.11 Work/ 08.01.14 PR/ Citizen 30.08.16

  • rarekingrareking Montreal
    Posts: 466Member
    Joined: Jul 17, 2014
    @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.

    IELTS+REMARK - 2MOS | ANZSCO - 3MOS | NT 489 INVITE - 1MO | SA 190 INVITE - 1.5MOS | VISA GRANT - 1.5MOS (15-OCT 2014)

  • ambullambull Sydney
    Posts: 14Member
    Joined: May 03, 2014
    @Ren Tnx for the reply. Still thinking hard on the Pros and Cons pagsinama ko agad ang buong family.

    July 15, 2013> Register with AIMS & received my 1st IELTS Reviewer.
    July 16, 2013> Submit initial documents & register to take IELTS
    Aug 20, 2013> CDR submitted to Engineering Australia
    Oct 19, 2023> IELTS result out Listening X, Reading X, Speaking X.X, Writing X.X
    Jan 28, 2014> Skill Assessment application approved by Engineering Australia
    Jan 29, 2014> EOI & State Nomination to SA submitted
    Feb 24, 2014> State sponsorship application with SA has been approved
    March 6, 2014> Visa application lodged & NSO requested document dispatched from the Philippine Head Office.
    March 24, 2014> Medical uploaded.
    April 22, 2014> NBI Clearance released and uploaded
    May 8, 2014> OC assigned Adelaide team 23
    May 20, 2014> NSO Birth Certificates uploaded
    May 30, 2014> Singapore COC uploaded
    July 9, 2014> Blessed Day Visa Granted

  • ambullambull Sydney
    Posts: 14Member
    Joined: May 03, 2014
    @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?

    July 15, 2013> Register with AIMS & received my 1st IELTS Reviewer.
    July 16, 2013> Submit initial documents & register to take IELTS
    Aug 20, 2013> CDR submitted to Engineering Australia
    Oct 19, 2023> IELTS result out Listening X, Reading X, Speaking X.X, Writing X.X
    Jan 28, 2014> Skill Assessment application approved by Engineering Australia
    Jan 29, 2014> EOI & State Nomination to SA submitted
    Feb 24, 2014> State sponsorship application with SA has been approved
    March 6, 2014> Visa application lodged & NSO requested document dispatched from the Philippine Head Office.
    March 24, 2014> Medical uploaded.
    April 22, 2014> NBI Clearance released and uploaded
    May 8, 2014> OC assigned Adelaide team 23
    May 20, 2014> NSO Birth Certificates uploaded
    May 30, 2014> Singapore COC uploaded
    July 9, 2014> Blessed Day Visa Granted

  • ambullambull Sydney
    Posts: 14Member
    Joined: May 03, 2014
    @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....

    July 15, 2013> Register with AIMS & received my 1st IELTS Reviewer.
    July 16, 2013> Submit initial documents & register to take IELTS
    Aug 20, 2013> CDR submitted to Engineering Australia
    Oct 19, 2023> IELTS result out Listening X, Reading X, Speaking X.X, Writing X.X
    Jan 28, 2014> Skill Assessment application approved by Engineering Australia
    Jan 29, 2014> EOI & State Nomination to SA submitted
    Feb 24, 2014> State sponsorship application with SA has been approved
    March 6, 2014> Visa application lodged & NSO requested document dispatched from the Philippine Head Office.
    March 24, 2014> Medical uploaded.
    April 22, 2014> NBI Clearance released and uploaded
    May 8, 2014> OC assigned Adelaide team 23
    May 20, 2014> NSO Birth Certificates uploaded
    May 30, 2014> Singapore COC uploaded
    July 9, 2014> Blessed Day Visa Granted

  • RenRen Adelaide, SA
    Posts: 220Member
    Joined: Jun 21, 2012
    @ambull,
    Rent, Electricity, internet, gas (unless electric heating and cooking) and water depending on the agreement.

    nope walang agent fees.

    I encourage you to join Official Fb Group Pinoy AU Adelaide https://www.facebook.com/groups/
    pinoyauadelaide/

    Job Searching Tips

    http://pinoyau.info/discussion/849/job-searching-tips/p1

    Medical Laboratory Technician 311213 (SA State Sponsored 475) 21.8.10 IELTS/ 7.12.09 AIMS assessment/ 25.03.11 SA SS approved/ 27.03.11 VISA lodge DIAC/ 03.05.11 VISA grant/ 25.06.11 Initial Entry/17.10.11 Work/ 08.01.14 PR/ Citizen 30.08.16

  • ambullambull Sydney
    Posts: 14Member
    Joined: May 03, 2014
    @Ren Tnx for the information.

    July 15, 2013> Register with AIMS & received my 1st IELTS Reviewer.
    July 16, 2013> Submit initial documents & register to take IELTS
    Aug 20, 2013> CDR submitted to Engineering Australia
    Oct 19, 2023> IELTS result out Listening X, Reading X, Speaking X.X, Writing X.X
    Jan 28, 2014> Skill Assessment application approved by Engineering Australia
    Jan 29, 2014> EOI & State Nomination to SA submitted
    Feb 24, 2014> State sponsorship application with SA has been approved
    March 6, 2014> Visa application lodged & NSO requested document dispatched from the Philippine Head Office.
    March 24, 2014> Medical uploaded.
    April 22, 2014> NBI Clearance released and uploaded
    May 8, 2014> OC assigned Adelaide team 23
    May 20, 2014> NSO Birth Certificates uploaded
    May 30, 2014> Singapore COC uploaded
    July 9, 2014> Blessed Day Visa Granted

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