So I have just been reading through the revised WA Residential Tenancies Act (scintillating bedtime reading I assure you!) to, amongst other things, make sure that the Special Conditions I have attached to my lease don't contradict the Act. Having reviewed my conditions I thought I'd throw it open to SS'ers to see if they think any are objectionable (and perhaps poach a few if they like!).
Special Conditions read as follows:
Any comments welcome.
Special Conditions read as follows:
- The tenant/s acknowledges the condition of the premises at the time of signing the original lease (1 June 2013) and hereby accepts tenancy of the premises as found as recorded in the Property Condition Report dated 25 May 2013. The tenant/s hereby acknowledges and accepts that the Property Condition Report signed at the commencement of the original Lease will be used at the Final Bond Inspection.
- Should the tenant require to vacate prior to the expiry of the fixed term tenancy, tenants are aware that break lease conditions apply and they following charges can be applied:
- a) Pro rata reimbursement of leasing fee, assuming the property is to be leased through a property manager / agent
- b) Rent and ongoing maintenance of the property payable until the new tenant is secured or until expiry of the tenancy
- c) Advertising and any other costs associated with securing a new tenant
- f) Vacating inspection fee of $100
- Lawns and or gardens are to be maintained to a good standard at all times, and are to receive adequate water and fertiliser (if needed).
- The tenant/s acknowledges and accepts responsibility to ensure the automatic reticulation is set correctly and accordingly for the seasons of the year i.e that the grounds are sufficiently watered during the warmer months and reduced when necessary. The tenant/s is also responsible to ensure the system and sprinklers are maintained, in good working order and to report any fault to the agent within 48 hours. Upon vacating it is the tenant?s responsibility to provide the Owner with written notification from a reticulation professional stating that all stations are in good working order, with all heads intact. The reticulation must be functioning the same as when the property was leased to the tenant.
- No pets are to be kept or maintained on the property at any time unless permission is granted from the Owner / agent and a pet bond is paid (as defined in the Act.
- The tenant/s acknowledge that the carpets / tiles to the premises have been cleaned at the commencement of the tenancy and agree that the carpets / tiles are professionally cleaned at the tenant/s expense at the expiration of the tenancy term (receipt to be provided) and/or such other occasions during the term of the tenancy should the Owner / agent consider the condition of the carpets /tiles to warrant such cleaning. Should the Owner / agent consider the carpet / tile cleaning at the end of the term to be unsatisfactory, the tenant/s agrees to have the carpet / tiles re-cleaned at the tenant/s expense.
- The tenant/s is not to drill any holes or picture fittings into any internal or external walls in the property without the written consent from the Owner / agent prior.
- Tenants are aware that maintenance requests except those that are life threatening or an emergency must be in writing (email or mail).
- The tenant/s will be responsible for any call out fees charged by a contractor, where you have arranged to meet there to provide access and failed to attend.
- It is the tenant/s responsibility to clean all evaporated or reverse cycle air conditioning unit filters every 6 months, and upon vacating should it fall prior to 6 months.
- The tenant/s agree to give at least twenty-one (21) days? notice in writing to vacate, either on or after the expiry date of the lease. The tenant/s also acknowledge/s and agree to the Owner/agent advertising the availability of the premises during the notice period and allows inspections for prospective tenant/s at reasonable hours of the day to be carried out, with prior notice given to the current tenant/s.
- Rent shall be calculated up to and including the date that all keys are returned to the Owner / agent. The cost of changing the locks to the property should it be re-let and the tenant/s has failed to return the keys, shall be borne by the tenant/s.
- The tenants acknowledge and agree that any invoices issued by the Owner / agent are to be paid within seven (7) days.
- No pot plants are to be kept directly on indoor floors at any time. Any floor damage will be replaced / repaired at the tenant/s expense.
- The tenant/s is aware that should any electrical/gas appliance (i.e pump, air conditioner, hot water system, oven, gas cooktop) break down during the term of tenancy and the damage is found to be caused by the tenants neglect, the repair must be conducted at the tenant/s expense. The same condition applies to the blocked outlet pipes, drains, etc.
- Should the tenant/s be locked out of the property outside normal office hours, the Owner has no obligation to obtain key or the tenant/s and the tenant/s may need to arrange for a locksmith to gain entry at their own cost.
- The tenant/s acknowledges and agrees that no unlicensed motor vehicle or vehicle in the process of wrecking is to be kept at the property.
- Any maintenance items are to be reported to the Owner / agent directly and NOT to be written only on the Property Condition Report. Maintenance items are to be reported in writing/email.
- The tenant is aware should they cause a breach of this agreement; their details may be recorded onto a defaulting tenant database.
Any comments welcome.