Renting Resources - Tenants





Tenants Responsibilities of the Tenant

The Application Process

Smoke Alarms

Information To Be Supplied With Your Application For Tenancy

Ending the Tenancy
 

Inspections

Breaking an Agreement Early

Entry Costs

Final Inspection

Repairs Upon Vacating Premises
Meaning of Real Estate Terms  

Tenants

At Pittwater Real Estate we really do understand the importance of looking after both owners and tenants when renting out a property.

To help you speed up your application and to ensure your experience renting with us is an enjoyable one, we offer the following guides and tips.

The Department of Fair Trading also offer a tenancy handbook, which outlines the rules & regulations in regard to residential tenancies. This may be viewed at www.fairtrading.nsw.gov.au


The Application Process

Prior to the acceptance of your application a physical viewing of the property must take place, by all interested parties, whereby you inspect the property inside and out to ensure it is definitely suitable. You should contact the Property Manager to arrange this by emailing or phoning the office.

Although it is commonly thought that the agent makes the final decision on any application, it is actually the owner who ultimately says yes or no. Although we make every effort to contact the owner immediately we receive an application, sometimes there can be delays because they are located overseas, interstate, they may be travelling or just hard to contact.

In addition to this we are required, under our contract with the owner, to:

Check all references

Check employment details

Check to ensure you are not on a defaulting tenants data base

Take all due care and diligence in processing the application

We can usually provide an answer within 24 hours of receiving a properly completed application but appreciate your patience on the odd occasion that there is a delay

Click here for a Tenancy Application Form

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Information To Be Supplied With Your Application For Tenancy

To ensure you maximise the chances of your application being accepted by the owner and to hasten the process, we suggest that you provide easily contacted third party references including previous agents, landlords and businesses.  References from personal friends or family will not be accepted.

Please supply photocopies of:

§ Photo I.D. (Drivers license or passport)

§ References from previous landlords or agents.

§ Proof of last residential address (telephone, electricity, gas accounts or credit card statements)

§ Copies of previous rental receipts

§ Copies of previous rental agreements

§ Supporting proof of income (pay slips, Bank statements)

§ Application must be fully completed and signed

All above details should be photocopied prior to submitting your application and handed in with your application. Original documents will not be accepted 

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Inspections

Whenever a tenancy begins a condition report must be filled out. It should be a true and correct account of the condition of the premises. The condition report may become the most important piece of evidence if a dispute arises over the condition of the premises at the end of the tenancy.

The tenant will be given two copies of the filled out condition report at or before the time the tenancy commences.

The tenant should take the report away and fill out the “tenant agrees” column with a Y (for yes) or an N (for no). If the tenant does not agree they should write a reason in the comments area of the report. The tenants should sign and return a copy to the agent or landlord within 7 days and keep the other copy for themselves.

Six weeks after the commencement of your tenancy and then every three months, we are obliged under our contract with the owner to complete a Routine Inspection of the property. This is to ensure that the property is being well cared for and is also an opportunity for you to bring any repairs to our notice so that we can inform the owner. You will always be given at least seven days notice prior to any inspection

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Entry Costs

The following entry costs may be incurred before or at the time of signing the tenancy agreement.

Reservation Fee

A reservation (deposit) fee is an amount of money (no more than one weeks rent) that is sometimes paid to reserve the premises while an application for tenancy is being considered. A reservation fee is a sign of good faith, but does not guarantee that the tenancy will go ahead.

If the applicant withdraws, the landlord may retain rent for the days the premises were reserved. Provided the premises were not let or occupied during the period of reservation, no more than one reservation fee was being held at the same time and a proper receipt and written acknowledgement were given to the prospective tenant when the fee was paid.

Rental Bond

A rental bond is an amount of money paid by the tenant as a form of security for the landlord against any future breaches of the tenancy agreement. The maximum rental bond that can be asked is

§ Four weeks rent, for unfurnished premises, or

§ Six weeks rent, for fully furnished premises with a rent of $250 per week or less, or

§ Unlimited, if the rent for fully furnished premises is more than $250 per week.

The landlord or agent must send any bond paid to the Office Of Fair Trading within seven days.

Advance Rent

A tenant must pay the rent in advance from the first day of the tenancy. The tenant can be required to pay

§ Two weeks rent in advance, if the weekly rent is $300 or less, or

§ One month rent in advance, if the weekly rent is more than $300

Agreement costs

The landlord can ask the tenant to pay half the cost of preparation of the tenancy agreement, but only up to a maximum of $15 (GST inclusive)

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Repairs

All repairs must be reported to our office in writing. Use the repair request form provided or email or fax our office. You will also be provided with repair request forms in your tenant pack at the commencement of the tenancy.

The landlord must make sure that the premises are reasonably clean, and fit to live in at the start of the tenancy. The landlord must then maintain the premises in a reasonable state of repair considering:

§ The age of the premises

§ The amount of rent the tenant is paying, and

§ The prospective life of the premises.

This does not mean the premises must be let in perfect condition, or that the landlord must immediately attend to every small matter during the tenancy. The state of the property and level of repair expected should be in proportion to the premises’ age and the amount of rent.

Click here for a Repair Request Form

Urgent repairs

Landlords are obliged to organise an urgent repair, as soon as reasonably possible, after having been notified by the tenant of the fault or damage.

An urgent repair is work needed to fix:

§ A burst water service

§
A blocked or broken lavatory system

§
A serious roof leek

§
A gas leek

§
A dangerous electrical fault

§
Flooding or serious flood damage

§
Serious storm or fire damage

§
A failure or breakdown of the gas, electricity or water supply

§ A failure or breakdown of any essential service on the premises for hot water, cooking, heating or laundering

§ Any fault or damage that causes the premises to be unsafe or not secure.

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Responsibilities of the Tenant

The tenant must keep the premises in a reasonable state of cleanliness, having regard to the condition of the premises at the start of the tenancy. If the premises include a yard, lawns and gardens, the tenant must also keep them neat and tidy.

The tenant must not intentionally or negligently cause or permit damage to the premises. Negligence means forgetting to do something, which a reasonable person would do in the circumstances, or doing something, which a reasonable person would not do. In simple terms it is lack of care or attention.

A tenant is also responsible for damage caused by other occupants of the premises or any person the tenant allows on the premises.

Tenants must notify the landlord or agent of any damage to the premises as soon as practicable, regardless of who or what caused the damage. It is recommended that this notice be put in writing.

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Smoke Alarms

Under the Environmental Planning and Assessment Amendment (Smoke Alarms) Regulation 2006, landlords are responsible for fitting smoke alarms to all residential premises. The landlord has the right of access to fit the required alarms (after giving at least two days notice to the tenant). The landlord must fit a new battery (if the alarm has a replaceable battery) at the beginning of the tenancy. During the tenancy the tenant is responsible for replacing batteries unless physically unable, in which case the landlord must be advised of the need for battery replacement.

For more information about the type, location and number of smoke alarms that are required to be fitted contact:

Smoke alarms hotline - Tel: 1300 858 812

NSW Fire Brigades - www.fire.nsw.gov.au
 

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Ending the Tenancy

A tenancy will usually be terminated by either the landlord or the tenant giving notice to the other party.

In the last 14 days of the fixed term period of the agreement, either party can give 14 days notice to end the tenancy. This notice can be served up to and including the last day of the fixed term.

Once the fixed term has ended, a tenant is required to give at least 21 days notice, and the landlord must give at least 60 days notice.

If the notice is sent by post at least four working days (not including the day the notice was sent) should be added to the amount of notice, to allow time for the notice to be delivered. “Working days” excludes Saturdays, Sundays, public holidays and bank holidays.

A notice of termination may be given at any time if either party seriously or persistently breaches a term of the agreement or if the tenant is more than 14 days in arrears of rent. At least 14 days notice must be given in writing.

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Breaking an Agreement Early

If a tenant wants to end their tenancy agreement before the expiration of the term, they should give as much notice as possible. This should be in writing giving the date they intend to leave.

A landlord can claim compensation for any loss they suffer as a result of the tenant ending the agreement early. Some of the costs a tenant could be liable for include:

§ Rent until new tenants move in or the existing agreement runs out (whichever happens first)

§ A reletting fee (usually one weeks rent)

§ Advertising costs, and

§ Lease preparation fee

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Final Inspection

At, or as soon as possible after, the end of the tenancy both the landlord/agent and tenant must carry out a final inspection of the premises. Both parties should then complete the original condition reports.

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Upon Vacating Premises

All rent must be paid up to the date of termination.

In order that a quick and full refund of bond money may be made, an itemised checklist is set out below. As soon as notification is given that all items have been attended to an immediate inspection will be made, checking the condition of the premises against the initial inspection report (of which you will have a copy). If you leave the premises in a state, which requires cleaning, repairs or maintenance, these deductions will be made from your bond money.

Electricity is not to be disconnected until property is inspected.

Paintwork – all marks on walls to be washed with damp rag and cleaner such as “sugar soap”

All of the following areas are to be cleaned:

(a) All cupboards, inside & out.

(b) Windows.

(c) Venetian blinds must be thoroughly cleaned, not just dusted, care must be taken not to bend or damage slats when cleaning. If desired we can arrange to have the blinds cleaned by professional blind cleaners.

(d) Kitchen floors.

(e) Bathroom wall & floor tiles (especially shower recess).

(f) Balcony floor tiles.

(g) The tenant is responsible for any marks or damage to stairwell when vacating premises (strata units)

(h) Oven & cook top – a very thorough inspection will be made and absolutely no baked-on deposit must remain on any part of the stove. A list of suitable cleaning products can be supplied if required.

(i) Any grease on garage floor to be removed. No rubbish is to be left in premises or garage.
Stains or marks on carpet to be removed or arrangements made for their removal by a professional carpet cleaner

It must be noted that your Tenancy Agreement expires 12 midnight and therefore keys etc must be returned during normal office hours, i.e. 9am-5pm.

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© Copyright 2006 Pittwater Real Estate

Pittwater Real Estate
366 Barrenjoey Road, Newport NSW 2106, Australia
Tel: 02 9997 4311 - Fax: 02 9997 7957
sales@pittwaterrealestate.com - www.pittwaterrealestate.com

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