Purpose of the Tenancy Agreement

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The primary purpose of the agreement is two-fold:

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Listing Tenancy Details

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The agreement serves as a formal platform for both the landlord and tenant to document essential details of the tenancy. This includes the parties' names, the agreement's duration, the specified rent amount, and the agreed-upon payment method.

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Outlining Terms and Conditions

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Another crucial aspect of the agreement is to provide a clear and comprehensive set of terms and conditions that govern the tenancy. These terms encompass various aspects, such as rent payment, bill responsibility, maintenance duties, landlord access provisions, and the conditions for termination.

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The Significance of a Written Agreement for Tenancy in NSW

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While having a written agreement is highly recommended to ensure clarity and avoid potential disputes, oral agreements can hold legal validity. Landlords in NSW must provide tenants with a written agreement. The NSW Government has a Standard Form Tenancy Agreement that can be used. Keep a copy of the agreement in your records.

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The standard form agreement provides space for filling in relevant details and conveniently lists the standard terms mandated by law, applicable to all agreements, whether oral or written.

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Before signing the agreement, take the time to read and understand the terms, along with this guide, to ensure complete awareness and a harmonious tenancy experience.

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The Flexibility of Tenancy Agreement Length in NSW

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Under NSW law, a residential tenancy agreement NSW has no specific minimum or maximum length.

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A residential tenancy agreement NSW should not be used for short-term holiday stays of less than 3 months. If you're renting a room in a share house, make sure to clearly state in the agreement which areas of the property are for the tenant's exclusive use and which are shared. The tenant should exclusively use their bedroom while sharing access to common areas like the kitchen, bathroom, and laundry facilities.

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Material Facts Landlords Must Disclose to Tenants

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In the interest of transparency and tenant awareness, landlords are required to disclose the following material facts:

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• If the premises have experienced serious flooding or bushfire within the last 5 years.
• Any significant health or safety risks that are not immediately apparent during inspection.
• If the premises were the scene of a serious violent crime within the last 5 years.
• Any variations in waste services compared to others in the council area.
• The unavailability of a free residential parking permit in areas with only paid parking.
• If the premises have a driveway or walkway that others can legally use.
• If the premises were involved in a drug offence under the Drug Misuse and Trafficking Act 1985 within the last 2 years.
• If the premises are listed on the Loose-fill Asbestos Insulation (LFAI) Register maintained under the Home Building Act 1989.
• For tenants renting in a strata scheme, any scheduled repairs to common property during their fixed term.
• If the landlord intends to sell the premises and has prepared a contract for its sale.
• If a mortgagee has initiated court proceedings to enforce a mortgage over the premises.

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Also, if any rectification of the building's external combustible cladding is required, the landlord must disclose whether the following documents have been issued:

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• Fire Safety Order or Notice of Intention to Issue a Fire Safety Order
• Building Rectification Order or Notice of Intention to Issue a Building Rectification Order
• Development Application or Complying Development Certificate Application for Rectification of the Building.

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Tenant Checklist for NSW

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If you're renting a property in New South Wales, you have rights and responsibilities that your landlord must follow. Here are some important things to remember:

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NSW Fair Trading New Tenant Checklist

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The landlord must provide you with an NSW Fair Trading New Tenant checklist. This checklist helps you understand your rights and responsibilities as a tenant.

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Strata Scheme Rental

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If you rent in a strata scheme, the landlord must provide you with a copy of the by-laws within 7 days. They should also inform you if a strata renewal committee is currently established.

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Rental Costs

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Upon approval of the tenancy, the landlord may ask for a holding fee, which will reserve the property for you for 7 days. The holding fee should not exceed one week's rent. The holding fee will count towards your rent on the first day when you agree to rent. If the landlord doesn't agree, or if you decline because of false or misleading information, you can get the fee refunded.

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Rent in Advance

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Your landlord can request up to 2 weeks' rent in advance, but no more. It's entirely up to you to pay more than that. Your landlord is not allowed to request post-dated checks or demand rent payment before it's due.

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Bond

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When you start renting a property, you must provide a bond. This deposit acts as a safeguard in case you don't meet the terms of the agreement. The bond must be paid in cash, and you'll only need to pay one bond per rental agreement. It must be at most 4 weeks' rent. The landlord must only ask for the bond after you sign the tenancy agreement NSW. They are required to deposit the bond with Fair Trading, and you can use the NSW Fair Trading Rental Bonds Online system, though the landlord cannot mandate its use.

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Free Rental Tenancy Agreement

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Rental laws and regulations vary by jurisdiction, so ensuring the agreement complies with local laws is recommended. While many templates and examples of rental tenancy agreements are available online, using a free agreement you find online should be approached with caution. Here’s a free Rental Tenancy Agreement for you. 

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