When
you sign a tenancy agreement you are entering into a legally
binding relationship. Tenants and lessors should think carefully
before entering into a tenancy agreement as once the agreement
is signed it is too late to change your mind.
When
a lessor grants a tenant the right to occupy property to
use as a residential property, both parties have entered
into a residential tenancy agreement and in accordance with
the Residential Tenancies Act this must be in writing.
BEWARE
OF LANDLORDS OR AGENTS WHO DO NOT WANT TO GIVE YOU A WRITTEN
TENANCY AGREEMENT.
Can
extra terms or conditions be added prior to the signing
of the tenancy agreement?
In Queensland the prescribed form for the tenancy agreement
can be obtain from the Residential Tenancies Authority.
This form has been developed to protect the rights of both
landlords and tenants; however there will be occasions when
it will be necessary to add additional terms and conditions.
If these terms are inconsistent with the standard terms
and conditions, the terms are void and of no effect. It
is illegal to try to contract out of the Act i.e. to add
terms and conditions, which are inconsistent with the Residential
Tenancies Act.
Can
the tenancy agreement be changed after it has been signed?
Unless both parties are in agreement a tenancy agreement
cannot be changed once it has be signed and executed.
Where
did I put the…
When you sign your lease you will receive a number of documents.
These will include the lease documentation, standard terms
and conditions, receipts, RTA booklet, condition report
along with other information supplied by our agency. It
is easy to misplace all of this documentation. Keep rent
related papers in a special folder. Rent receipts are vital
as they provide proof you have paid regularly. Also remember
to document any disputes and steps you’ve taken, correspondence
sent etc.
Read
the fine print…
It’s boring I know, but tenants need to know what they
are signing up for. Read the lease and make sure you understand
it before you sign it. Once it is signed it’s binding,
even if you never move into the place.
Things
to check…
Dates of tenancy, rental payments and how you must pay,
when the rent can be increased, who takes care of common
areas, who pays water charges, when is the lease to terminate.
Renting
with others…
To state the bleeding obvious – what sort of person
do you want to live with? Disputes between cotenants are
a very common form of tenancy problem. Make sure you are
compatible before co-signing a lease, ensure you both pay
your share of the bond and the bond receipt is in both of
your names. Ensure utilities are not all in your name or
you risk being left with the lot.
Condition
reports be careful…
When you sign your lease you will be given a condition report,
which will have been completed by the agency. The condition
report is both the agent’s and the tenant’s assessment
of the state of repair or the general condition of the property.
If a dispute arises as to the refund of your bond this document
will be crucial piece of evidence, and therefore must be
true and accurate from the outset.
You
do not have to agree with the agency’s view of the
condition of the property. You must complete this document
sign it and return it to the agency within three days. This
is your chance to get it right. Be careful and pedantic.
Any marks on walls, floors or indeed anything, which will
affect the appearance of the property, should be noted on
this document. Remember at the end of your tenancy this
is the document that will be relied upon to establish the
entry condition of the property and consequently the refund
of your bond. Do not try to rely on memory. Your property
manager will probably be managing hundreds of properties
and has no chance of remembering the condition of the property
months later or even possibly years later
