AUSTRALIAN RENTAL AGREEMENT TEMPLATES.

The Residential Tenancies Act is not a single Federal Act but rather each State has its own Residential Tenancies Act. To further complicate matters, each state has their own individual and different Residential Rental agreements drafted to comply with their specific State Residential Tenancies Act.

The pitfalls surrounding the various Residential Tenancies Acts are numerous and complicated. Some Rental Agreements are excluded from the operations of the Act. An example of this may be where the tenant has an agreement in place with the Owner/Landlord to buy the premises after a period of renting. In addition some types of premises may not be governed by the Residential Tenancy Act in individual states, even though they may be subject to a Residential Tenancy agreement. These may include hotels, holiday houses, mobile homes, caravan parks and boarding houses.

Essentially there are as many similarities and there are differences in each State Act. If you are a landlord it’s in your interest to familiarise yourself with the operations of the Residential Tenancies act that applies to you. If you are a tenant and would like precise information on your rights and obligations you will also find this in the act.

Most 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 both the landlord and the tenant. These obligations 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. Under what circumstances the landlord or landlord’s agent may enter the premises.
The administration of security bond.
The tenants right to quiet enjoyment of the property.
Who pays for water electricity and services to the rental property.
The tenants obligation for the actions of others, particularly if damage occurs.
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 landlord’s recovery of the property.
And many more depending upon your state or territory.

Parties to a rental agreement (either The Landlord or the tenant) may insert additional terms to the prescribed agreement but only if the terms do not contravene the State Tenancy Act. If the additional terms are found to be inconsistent with the prescribed form or the Tenancy Act, the Rental Agreement could be declared void. So in effect, parties to a Residential Tenancy Agreement cannot contract out of their respective obligations.

RP Emery's offers a Rental Agreement Kit for each State and Territory. Our kits offer a comprehensive standard Rental Agreement and much more! Information in the Rental Agreement kits includes:

A Professionally drafted, State specific, Rental Agreement template in MS word format.
A Tenancy application form.
A Getting Started document.
Access to resource material freely available to Landlords.
Friendly customer support.

All State Rental Agreement kits are listed below and available immediately:

Australian Capital Territory rental agreement templates

New South Wales rental agreement templates

Victoria Rental Agreement Templates

Queensland rental agreement templates

Northern Territory rental agreement templates

Western Australia Rental Agreement Templates

South Australia Rental Agreement Templates

Tasmania Rental Agreement Templates

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

Australian Capital Territory - Residential Tenancies ACT 1997
New South Wales - Residential Tenancies Act 2010
Northern Territory - Residential Tenancies Act 1999
Queensland - Residential Tenancies and Rooming Accommodation Act 2008
South Australia - Residential Tenancies Act 1995
Tasmania - Residential Tenancy Act 1997
Victoria - Residential Tenancies Act 1997
Western Australia - Residential Tenancies Act 1987