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House Agreement Contract Template for Australia

A House Agreement Contract is a legally binding document used in Australia that establishes the terms and conditions of a residential tenancy between a landlord and tenant. This agreement complies with Australian residential tenancy laws and regulations, including state-specific requirements, and covers essential aspects such as rent payments, maintenance obligations, bond requirements, and termination procedures. The document incorporates mandatory provisions required by Australian law while allowing for customization to address specific property features and agreed terms between the parties.

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What is a House Agreement Contract?

The House Agreement Contract serves as the primary legal document governing residential tenancy relationships in Australia. This contract is essential when establishing a formal rental arrangement for residential properties, whether houses, apartments, or units. It must comply with the relevant state's Residential Tenancies Act and other applicable federal legislation. The agreement includes comprehensive details about the property, rental terms, rights and obligations of both parties, maintenance responsibilities, and termination procedures. It's designed to protect both landlords' and tenants' interests while ensuring compliance with Australian consumer protection and fair trading laws. The document should be customized based on the specific property type, state jurisdiction, and any special conditions agreed upon by the parties.

What sections should be included in a House Agreement Contract?

1. Parties: Identification of the landlord/property manager and tenant(s), including full legal names and contact details

2. Background: Brief context setting out the intention to create a residential tenancy agreement

3. Definitions: Clear definitions of key terms used throughout the agreement

4. Property Details: Specific details of the rental property, including address and any included fixtures/fittings

5. Term of Agreement: Start date, end date (for fixed term), or specification of periodic tenancy

6. Rent and Payment Terms: Rent amount, payment frequency, method of payment, and rent review provisions

7. Bond: Bond amount, payment terms, and conditions for return

8. Utilities and Outgoings: Responsibility for utility connections and payments

9. Maintenance and Repairs: Obligations for property maintenance, repair procedures, and emergency repairs

10. Tenant Obligations: Standard obligations including property care, reporting damage, and behavior requirements

11. Landlord Obligations: Standard obligations including property maintenance, insurance, and compliance with laws

12. Access and Inspection: Rights and procedures for property access and inspections

13. Termination: Grounds and procedures for ending the tenancy

14. Notices: How formal notices must be given between parties

15. Execution: Signing provisions and attestation

What sections are optional to include in a House Agreement Contract?

1. Pet Clause: Terms and conditions for keeping pets, used when pets are permitted

2. Swimming Pool/Spa: Specific obligations regarding pool maintenance and safety, included when property has these features

3. Garden Maintenance: Specific requirements for garden care, included for properties with gardens

4. Body Corporate Rules: Additional rules applicable for apartments or units in managed complexes

5. Special Conditions: Any additional agreed terms specific to this tenancy

6. Solar Panel Agreement: Terms for solar panel usage and billing, included when property has solar installations

7. Water Usage Charges: Detailed terms about water usage charges, included when property has separate water metering

What schedules should be included in a House Agreement Contract?

1. Schedule 1 - Property Condition Report: Detailed report documenting the condition of the property at the start of tenancy

2. Schedule 2 - Inventory List: List of all furnishings and items included in the rental

3. Schedule 3 - Body Corporate By-Laws: Copy of applicable body corporate rules and regulations

4. Schedule 4 - Emergency Procedures: Emergency contact numbers and procedures

5. Schedule 5 - Maintenance Schedule: Regular maintenance requirements and schedules

6. Appendix A - Required Statutory Information: Standard information required by state legislation to be provided to tenants

7. Appendix B - Photo Documentation: Photographs of property condition at commencement of lease

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok˰ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Australia

Publisher

tiktok˰

Sector

Cost

Free to use

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