Residential rental agreement (11/19) Page 1 of 9
Residential rental agreement
Residential Tenancies Act 1997
Section 26(1)
Residential Tenancies Regulations 20
19 Regulation 10(1) – Schedule 1 Form 1
This is your residential rental agreement. The terms are contained in Parts A, B, C and D. It is a binding contract under
the Residential Tenancies Act 1997 (the Act)
Please refer to Part E of this form for a summary of rights and obligations.
Do not sign this agreement if there is anything on it that you do not understand. Please refer to
Renting a home: A guide
for tenants for details about your rights and responsibility. For further information visit the Renting section of the
Consumer Affairs website at consumer.vic.gov.au/renting or call 1300 55 8181.
Part A – Basic terms
The residential rental agreement (the agreement) is between the residential rental provider (the rental provider) and the
renter listed on this form.
1 Date of agreement
This is the date you sign the agreement
2 Premises let by the rental provider
Address of premises
Postcode
3 Rental provider details
Full n
ame(s)
Address
Postcode
(if no agent is acting
for the
rental
provider
)
Phone number
ACN (if applicable)
Email address
Rental provider’s agent details (if applicable)
Full name
Address
Postcode
Phone number
ACN (if
applicable)
Email address
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4 Renter details
Postcode
Postcode
renter 3
Postcode
renter 4
Postcode
Note: If there are more than four renters, include details on an extra page.
5 Length of the agreement
Fixed term agreement
Start date
(this is the date the agreement starts and
you can move in)
End date
Periodic agreement
Start date
(for example, monthly)
Note: If a fixed term agreement ends, and the renter and rental provider do not enter into a new fixed term
agreement, a periodic (for example, month by month) rental agreement will be formed.
6 Rent
Rent amount
($)
(payable in advance)
To be paid per
week
fortnight
month (paid on the same day each month)
Date first rent payment due
7 Rental provider’s preferred method of rent payment
Note: The rental provider must permit at least one fee free payment method and must allow the renter to use
Centrepay or another form of electronic funds transfer.
(Rental provider to tick permitted methods of rent payment)
direct debit bank deposit cash cheque or money order
BPay
other electronic form of payment
Payment details (if applicable)
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Part B – Standard terms
8 Bond
The renter must pay the bond specified below.
Unless the rent is greater than $900 (per week), the maximum bond taken must not be more than one month’s rent.
The rental provider or agent must lodge the bond with the Residential Tenancies Bond Authority (RTBA).
The bond must be lodged within 10 days after receiving payment. The RTBA will send the renter a receipt for the
bond.
If the renter does not receive a receipt within 15 business days from when they paid the bond, they can:
email rtba@justice.vic.gov.au
, or
call the RTBA on 1300 13 71 64
Bond amount ($)
Date bond payment due
9 Service of notices and other documents by electronic communication
Service of documents must be in accordance with the requirements of the Electronic Transactions (Victoria) Act 2000.
Note: If a party has not explicitly agreed to electronic services of documents, consent cannot be assumed.
9.1 Does the rental provider agree to the service of notices and other documents by email?
The rental provider must complete this section before giving the agreement to the renter.
(Rental provider to tick as appropriate)
Yes, email address
No
9.2 Does the renter agree to the service of notices and other documents by email?
(Renter to tick as appropriate)
Renter 1
Yes,
email address
No
Renter
2
Yes, email address
No
Renter
3
Yes, email address
No
Renter
4
Yes, email address
No
Note: If there are more than four renters, include details on an extra page.
Change of email
The renter and the rental provider must immediately notify the other party in writing if their email address changes.
Withdrawal of consent
The renter and rental provider must notify the other party in writing if they choose to withdraw consent to electronic
service of documents. Once they have given notice, no documents are to be sent by email.
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10 Urgent repairs
The rental provider is responsible for repairs and maintenance to the rented premises. The renter must notify the
rental provider of the need for an urgent repair. For example, urgent repairs can involve repairs to a burst water
service, a gas leak or flood damage.
For further information on seeking urgent repairs see clause 28 of this agreement.
Details of person the renter should contact for an urgent repair
Emergency contact name
Emergency phone number
Emergency e
mail address
11 Professional cleaning
The rental provider must not require the renter to arrange professional cleaning unless this is needed to restore the
premises to the condition they were in at the start of the tenancy – allowing for fair wear and tear. The need for
professional cleaning will be considered at the end of the tenancy.
If professional cleaning is necessary:
the renter must have all or part of the premises professionally cleaned, or
the renter must pay the cost of having all or part of the rented premises professionally cleaned.
12 Owners corporation
Do owners corporation rules apply to the premises?
(Rental provider to tick as appropriate)
No Yes
If yes, the rental provider must attach a copy of the rules to this agreement.
13 Condition report
A condition report is required to be provided on or before the date the agreement commences.
A condition report will be provided to the renter before the start of the agreement.
Part C – Safety related activities
14 Electrical safety activities
(a) The rental provider must ensure an electrical safety check of all electrical installations, fittings and appliances
provided by a rental provider in the rented premises is conducted every two years by a licensed or registered
electrician and must provide the renter with the date of the most recent safety check on request by the renter.
(b) If an electrical safety check of the rented premises has not been conducted within the last two years at the time
the renter occupies the premises, the rental provider must arrange an electrical safety check as soon as
practicable.
15 Gas safety activities
This safety-related activity only applies if the rented premises contains any appliances, fixtures or fittings which use or
supply gas.
(a) The rental provider must ensure that a gas safety check of all gas installations and fittings in the rented premises
is conducted every two years by a licensed or registered gasfitter and must provide the renter with the date of the
most recent safety check on request by the renter.
(b) If a gas safety check has not been conducted within the last two years at the time the renter occupies the
premises, the rental provider must arrange a gas safety check as soon as practicable.
16 Smoke alarm safety activities
(a) The rental provider must ensure that:
i. any smoke alarm is correctly installed and in working condition
ii. any smoke alarm is tested according to the manufacturer’s instructions at least once every 12 months,
and
iii. the batteries in each smoke alarm are replaced as required.
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(b) The rental provider must immediately arrange for a smoke alarm to be repaired or replaced as an urgent repair if
they are notified by the renter that it is not in working order.
(c) The rental provider, on or before the occupation date, must provide the renter with the following information in
writing:
i. information about how each smoke alarm in the rented premises works
ii. information about how to test each smoke alarm in the rented premises, and
iii. information about the renter’s obligations to not tamper with any smoke alarms and to report if a
smoke alarm in the rented premises is not in working order.
(d) The renter must give written notice to the rental provider as soon as practicable after becoming aware that a
smoke alarm in the rented premises is not in working order.
Note: Regulations made under the Building Act 1993 require smoke alarms to be installed in all residential buildings.
17 Carbon monoxide alarm safety activities
This safety-related activity only applies if the rented premises contains any appliances, fixtures or fittings which use or
supply gas.
(a) The rental provider must ensure that:
i. any carbon monoxide alarm is correctly installed and in working condition
ii. any carbon monoxide alarm is tested according to the manufacturer’s instructions at least once every
two years, and
iii. the batteries in each carbon monoxide alarm are replaced as required.
(b) The rental provider must immediately arrange for a carbon monoxide alarm to be repaired or replaced as an
urgent repair if they are notified by the renter that it is not in working order.
(c) The rental provider, on or before the occupation day, must provide the renter with the following information in
writing:
i. information about how each carbon monoxide alarm in the rented premises works
ii. information about how to test each carbon monoxide alarm in the rented premises, and
iii. information about the renter’s obligations to not tamper with any carbon monoxide alarms and to
report if a carbon monoxide alarm in the rented premises is not in working order.
(d) The renter must give written notice to the rental provider as soon as practicable after becoming aware that a
carbon monoxide alarm in the rented premises is not in working order.
18 Pool fence safety activities
This safety-related activity only applies if the rented premises contains a pool.
(a) The rental provider must ensure that the pool fence is maintained in good repair.
(b) The renter must give written notice to the rental provider as soon as practicable after becoming aware that the
pool fence is not in working order.
(c) The rental provider must immediately arrange for the pool fence to be repaired or replaced as an urgent repair if
they are notified by the renter that it is not in working order.
19 Relocatable pool safety activities
This safety-related activity only applies if a relocatable pool is erected on the rented premises.
A renter must not erect a relocatable pool on the rented premises for more than one day, unless the renter has given
prior written notice to the rental provider.
Note: Regulations made under the Building Act 1993 apply to any person erecting a relocatable pool.
20 Bushfire prone area activities
This prescribed safety activity only applies if the rented premises is in a bushfire prone area and is required to have a
water tank for bushfire safety.
If the rented premises is in a designated bushfire-prone area under section 1952A of the Building Act 1993 and a
water tank is required for firefighting purposes the residential rental provider must ensure the water tank and any
connected infrastructure is maintained in good repair and cleaned as required.
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Part D – Additional terms
21 Further details (if any)
List any additional terms to this agreement. The terms listed must not exclude, restrict or modify any of the rights and
duties included in Residential Tenancies Act 1997 (the Act).
Additional terms must also comply with the Australian Consumer Law (Victoria). For example, they cannot be unfair
terms. Contact us on 1300 55 81 81 for further information or visit consumer.vic.gov.au
.
Note: If you need extra space, attach a separate sheet. Both the rental provider and renter should sign and date all
attachments.
22 Signatures
This agreement is made under the Act.
Before signing you must read the relevant information in Part E – Rights and obligations of this form.
Rental provider
Signature of residential
rental
provider 1
Date
Signature of residential
rental
provider 2
Date
Renter(s)
All renters listed must sign this residential rental agreement.
Signature
of renter 1
Date
Signature of
renter 2
Date
Signature of
renter 3
Date
Signature of
renter 4
Date
Note: If there are more than four renters, include details on an extra page.
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Part E – Rights and obligations
This is a summary of selected rights and obligations of renters and rental providers
under the Residential Tenancies Act 1997 (the Act).
Any reference to VCAT refers to the Victorian Civil and Administrative Tribunal.
For more information, visit consumer.vic.gov.au/renting
.
Use of the premises
The renter:
• is entitled to quiet enjoyment of the premises. The
rental provider can only enter the premises in
accordance with the Act
• must not use the premises for illegal purposes
• must not cause a nuisance or interfere with the
reasonable peace, comfort or privacy of neighbours
• must avoid damaging the premises and common
areas. Common areas include hallways, driveways,
gardens and stairwells. Where damage occurs, the
renter must notify the rental provider in writing
• must keep the premises reasonably clean.
Condition of the premises
The rental provider:
• must ensure that the premises comply with the rental
minimum standards, and is vacant and reasonably
clean when the renter moves in
• must maintain the premises in good repair and in a fit
condition for occupation
• agrees to do all the safety-related maintenance and
repair activities set out in Part C of the agreement.
The renter:
• must follow all safety-related activities set out in
Part C of the agreement and not remove, deactivate
or interfere with safety devices on the premises.
Modifications
The renter:
• can make some modifications without seeking
consent. These modifications are listed on the
Consumer Affairs website
• must seek the rental provider’s consent before
installing any other fixtures or additions
• can apply to VCAT if they believe that the rental
provider has unreasonably refused consent for a
modification mentioned in the Act
• at the end of the agreement, must restore the
premises to the condition it was in before they moved
in (excluding fair wear and tear). This includes
removing all modifications.
The rental provider:
• must not unreasonably refuse consent for certain
modifications.
A list of the modifications that the rental provider cannot
unreasonably refuse consent for is available on the
Consumer Affairs website consumer.vic.gov.au/renting
.
Locks
• The rental provider must ensure the premises has:
− locks to secure all windows capable of having a
lock, and
− deadlocks (a deadlock is a deadlatch with at least
one cylinder) for external doors.
• The renter must obtain consent to change a lock in
the master key system from the rental provider.
• The rental provider must not unreasonably refuse
consent for a renter seeking to change a lock in the
master key system.
• The rental provider must not give a key to a person
excluded from the premises under a:
− family violence intervention order
− family violence safety notice
− recognised non local DVO
− personal safety intervention order.
Repairs
• Only a suitably qualified person must do repairs –
both urgent and non-urgent.
Urgent repairs
Section 3 of the Act defines urgent repairs. Refer to the
Consumer Affairs Victoria website for the full list of urgent
repairs and for more information, visit
consumer.vic.gov.au/urgentrepairs
.
Urgent repairs include failure or breakdown of any
essential service or appliance provided for hot water,
cooking, heating or laundering supplied by the rental
provider.
A renter may arrange for urgent repairs to be done if the
renter has taken reasonable steps to arrange for the
rental provider to immediately do the repairs; and the
rental provider has not carried out the repairs.
If the renter has arranged for urgent repairs, the renter
may be reimbursed directly by the rental provider for the
reasonable cost of repairs up to $2,500.
The renter may apply to VCAT for an order requiring the
rental provider to carry out repairs if:
• the renter cannot meet the cost of the repairs, or
• the cost of repairs is more than $2,500, or
• the rental provider refuses to pay the cost of
repairs if it is carried out by the renter.
.
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Non-urgent repairs
• The renter must notify the rental provider as soon as
practical of:
− damage to the premises
− breakdown of facilities, fixtures, furniture or
equipment supplied by the rental provider.
• The rental provider must carry out non-urgent repairs
in reasonable time.
• The renter can apply to VCAT for an order requiring
the rental provider to do the repairs if the rental
provider has not carried out the repairs within
14 days.
Assignment or sub-letting
The renter:
• must not assign (transfer to another person) or sub-let
the whole or any part of the premises without the
written consent of the rental provider.
The rental provider:
• cannot unreasonably withhold consent to assign or
sub-let the premises
• must not demand or receive a fee or payment for
consent, other than the reasonable cost to prepare a
revised written agreement.
Rent
• The rental provider must give the renter at least
60 days’ notice of a proposed rent increase.
• Rent cannot be increased more than once every
12 months.
• The rental provider must not increase the rent under a
fixed term agreement unless the agreement provides
for an increase.
Access and entry
• The rental provider can enter the premises:
− to do an inspection but not more than once every
6 months
− to comply with the rental provider’s duties under
the Act
− to conduct an open inspection to sell, rent or
value the premises
− to take images or video for advertising
− if they believe the renter has failed to follow their
duties under the Act
− to do a pre-termination inspection where the
renter has applied to have the agreement
terminated because of family violence or personal
violence.
• The renter must allow entry to the premises where
the rental provider has followed proper procedure.
Pets
• The renter must seek consent from the rental provider
before keeping a pet on the premises.
• The rental provider must not unreasonably refuse a
request to keep a pet.
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Help or further information
For further information, visit the Renting section – Consumer Affairs Victoria website at consumer.vic.gov.au/renting or
call the Consumer Affairs Victoria Helpline on 1300 55 81 81.
Telephone interpreter service
If you have difficulty understanding English, contact the Translating and Interpreting Service (TIS) on 131 450 (for the
cost of a local call) and ask to be put through to an Information Officer at Consumer Affairs Victoria on 1300 55 81 81.