Bond Payment
THE BOND WILL BE HELD DURING THE TERM OF THE TENANCY AGREEMENT BY THE “RENTAL BOND BOARD”
The maximum rental bond that can be asked for is:
- 4 weeks rent, for unfurnished premises
- Unlimited for fully furnished premises above $250per week.
The Bond is not accessible to either party (Tenant or Landlord) during a tenancy agreement.
THE BOND MUST NOT BE USED BY THE TENANT TO PAY RENT
The Bond may only be released in part or in full:
- By the tenant to the Landlord
- By the Landlord to the tenant
- By an uncontested application for the release of the bond
- In the case of a contested application, by an order of the Consumer Trade & Tenancy Tribunal.
The release of bond monies will only take place at the end of a tenancy agreement after inspection by the Landlord (or the agent on behalf of the Landlord) and the Landlord (or their agent) is satisfied with the condition and cleanliness of the premises. The tenant is obliged under Clause 34 of the Tenancy Agreement to advise the Landlord (or their agent) of a forwarding address on vacating the premises.
REFUNDS CANNOT BE PUT INTO INTERNATIONAL ACCOUNTS, ONLY BY CHEQUE OR AUSTRALIAN BANK ACCOUNTS.
Rental Payments
At Sydney Boutique Accommodation new tenants are required to pay rent via direct deposit monthly in advance on the last day of each calendar month.
LATE PAYMENT OF RENT WILL NOT BE TOLERATED
The calendar monthly figure is calculated by dividing the weekly rent by 7 to obtain the daily rate. We then multiply this by 365 days per year to get the yearly rental. Then we divide by 12 to get equal monthly payments.
When you decide to vacate the property the final rent is calculated on a daily basis up to the day you actually vacate the premises and keys are returned.
Services
Make sure the following services are transferred into your name at the commencement of your Tenancy:
· Telephone
· Electricity
· Gas
Sydney Boutique Accommodation highly recommends directconnect.com.au– a free, no obligation utility connection service.
Condition Report and Inventory
You will be issued a condition report and inventory when moving into your rental property. It is important that you complete both reports by agreeing or disagreeing and adding any comments. The completed forms must be signed and returned within 7 days of occupying the property. This report will be used when doing the final outgoing inspection, and therefore is important to complete and return accurately to avoid and disputes when vacating the property.
Insurance
It is essential for tenants’ to insure their own property contents. The landlord is not responsible to protect the tenant’s property, EVEN if the damage is caused by a problem with the rental premises i.e. Roof leakage, storm water etc.
In the event of a break-in, or attempted break-in; the tenant is required to contact Sydney Boutique Accommodation as soon as possible. Report the incident to the Police and make sure you get a “Police Attendance Number” for use with any insurance claim necessary.
If after hours, contact the emergency tradesman on your tenancy agreement for any URGENT repairs.
If security flyscreens are fitted to the door, ensure that these are locked when the premises are unattended.
Do not leave garage access cards/ keys/remote in your vehicle. If they are stolen, you will be responsible for the replacement items and costs.
Water Usage
Under the Residential Tenant Agreement, clause 29 states;
“The tenant agrees to pay for all water used during the term of the agreement, where the charge for the water is calculated according to the metered amount of water consumed and there is no minimum rate chargeable.”
Copies of Sydney Water accounts will be sent to you and is to be paid in the same manner as your rent within 7 days.
The payment of water consumed by you does not however mean that you are not responsible for the watering of lawns and gardens. Clause 13.4 states
“When the agreement ends, to leave the premises as nearly as possible in the same condition (fair wear and tear excepted) as set out in the condition report”.
Therefore, if the gardens have been damaged by lack of water you will be held responsible at the end of your tenancy.
Rent Increase
The Residential Tenancies Act, Rent Increase Clause 10 (1) states;
“The landlord cannot increase the rent during the fixed term unless the Agreement sets out the amount of the increase or the method of calculating the amount of the increase.”
At Sydney Boutique Accommodation you can generally expect your rent to be reviewed every six (6) months. At the time when an increase occurs, you will always be given at least sixty (60) days notice and this will be kept in line with your normal rent due date. We will increase your rent in accordance with market value.
If you think the increase is excessive or would like to make an offer of a lower amount please advise us in writing and we will contact your landlord for further instructions. If an agreement cannot be reached as to the amount of the increase you may make an application at the tribunal to have the matter heard by a registrar.
Lease Renewals
Once the fixed term of a tenancy agreement expires your landlord may request that you sign on for another fixed term or alternatively you may contact us to request that another agreement be signed.
If you have requested a new agreement and in the mean time your lease has expired you do not need to worry, your lease agreement continues on a continuing basis.
Neither you nor the landlord can insist that the other party sign another agreement.
If you have been offered a new agreement and you do not want to sign on for another fixed term, please contact us and let us know. We need to advise the landlord of your decision.
There are pros and cons for signing a new lease, you should think carefully before signing another fixed agreement:
1. If you sign on for another fixed term and decide to vacate during that term, you will be breaking your lease and there are penalties involved.
2. If you are renting in a group situation and sign in for another fixed term, you are signing a contract that all parties will be there for the whole term. Making changes to a fixed term agreement is not possible without penalties.
3. You cannot be given notice to vacate during a fixed term unless you have breached your agreement.
4. Your rent cannot be increased during a fixed term; however notice of an increase following the end of a fixed term may be given during the fixed term.
If you are renewing your agreement it will be posted to you (in duplicate), please sign where indicated and return it to us straight away. Until we have signed the returned lease on the landlord’s behalf you are on a continuing Agreement.
Maintenance Requests
During a tenancy any repair request from a tenant, except for urgent repairs must be in writing. These can be faxed, emailed or posted.
VERBAL REQUESTS WILL NOT BE ACTIONED.
This includes requests to change rental payments, maintenance, changes of tenants, disputes of rental increases etc.
Once a written request is received, a copy of the request will be sent to the Landlord with an accompanying letter from Sydney Boutique Accommodation.
Sydney Boutique Accommodation will contact you once we have received a decision from the Landlord.
All requests received by Sydney Boutique Accommodation will be passed on to the owner who will make the final decision.
Sydney Boutique Accommodation will always try to respond to any written request promptly; however we are unable to approve requests without first speaking to the owner. Your patience while we are waiting to hear from the owner is always appreciated.
Break Lease
When you sign a fixed agreement you are signing a legally binding contract that states you will be the tenant of the property for the whole period. If you decide to vacate the premises during the fixed term you are required to give written notice that you intend to vacate the property.
Sydney Boutique Accommodation will contact the Landlord to inform them of your decision. You are still responsible for maintaining the property i.e; having the power connected, keeping the property and grounds clean and well presented.
Rental payments during this process must be kept up to date and in advance, up until a new tenant moves in or the existing agreement runs out (whichever happens first). As per clause 32 of your agreement:
“The tenant agrees not to apply any rental bond towards payment of the rent without the prior written consent of the landlord.”
“The tenant acknowledges that should they wish to break their lease early (prior to the lease expiry), the landlord will Endeavour to find a replacement tenant, however the tenant is liable for the following charges;
- Continue paying rent until a new tenant is found
- Reletting fee- 1 week rent +GST
- Advertising Costs- $45 + GST per week until leased”
Vacating
According to clause 14 of the Special Conditions outline;
“The tenant agrees to provide Sydney Boutique Accommodation 1 months notice in writing of their intention to vacate the premises. A follow up phone call is also required to confirm the notice has been received by Sydney Boutique Accommodation.”
The period of notice commences the day we received your notice, not the day it was written. If you are posting your notice please take into consideration postage time. Once your notice is received we will send you confirmation in writing plus the outstanding rent owing and cleaning guidelines.
If the property is not ready for inspection on the day that you have stated or the keys are not returned to our office you will be charged rental until the date the property is vacant and everything is finalised.
It is a good idea to make sure that you check all the items on the cleaning guidelines are carried out. If the property is not cleaned to the standard that is expected, you will be given the opportunity to immediately rectify the problem; however a cleaner may be employed at your expense if we are unable to contact you or you do not fix the problem.
Rental payment during the notice must be kept up to date and in advance. As per clause 32 of your agreement
“The tenant agrees not to apply any rental bond towards payment of the rent without the prior consent of the landlord”.
Your bond will be returned once the final inspection has been carried out, any items that need rectifying are complete, all rent is paid and the landlord has approved the release. At this stage a fax will be sent to the Department of Fair Trading who will look after the refund from there.
