When it comes to renting a property, a tenancy lease agreement is a crucial document for both the landlord and the tenant. It outlines the terms and conditions of the lease, such as the duration of the lease, the amount of rent to be paid and any rules or regulations that must be followed. In Western Australia, the Residential Tenancies Act 1987 (WA) governs the rights and responsibilities of landlords and tenants, and it is important to ensure that any tenancy lease agreement complies with the Act.
Here are some key things to consider when creating a tenancy lease agreement in WA:
1. The term of the lease – the agreement should specify the start and end dates of the lease. Ensure that the duration of the lease is in line with the Residential Tenancies Act.
2. Rent – the monthly rent and the due date for payment should be clearly stated. Also, include details about any rent increases that may occur during the lease term.
3. Security bond – the amount of the security bond required should be included. Under the Residential Tenancies Act, the maximum bond that can be charged is the equivalent of four weeks rent.
4. Property condition – the agreement should outline the condition of the property at the start of the lease. This includes details about any existing damages, defects or repairs that need to be carried out by the landlord before the lease commences.
5. Maintenance and repairs – the agreement should specify who is responsible for maintaining the property and which repairs are the responsibility of the landlord. The Residential Tenancies Act requires landlords to ensure that the property is in good repair and fit for the tenant’s use throughout the lease term.
6. Subletting – the agreement can prohibit or allow subletting. If subletting is allowed, the terms and conditions under which it can occur should be specified.
7. Pets – the agreement should specify whether pets are allowed on the property. If pets are allowed, any restrictions or rules around keeping pets should be specified.
8. Ending the lease – the agreement should specify the process for ending the lease, including any notice periods required by the landlord or tenant.
9. Utilities – the agreement should clearly state which utilities the tenant is responsible for paying. This may include electricity, gas, water or internet.
10. Insurance – the agreement should specify whether the landlord or the tenant is responsible for insuring the property, and what type of insurance is required.
Overall, it is important to have a well-drafted tenancy lease agreement that complies with all relevant laws and regulations. This can help to avoid disputes between landlords and tenants down the track. If you need assistance with drafting or reviewing a tenancy lease agreement, it is recommended that you consult with a legal professional.