You declare that You are not bankrupt and that all of the information supplied in this Application is true and correct and is not misleading in anyway.
You acknowledge that, having inspected the Premises, You will accept possession of the Premises in the condition it was in as at the date of inspection.
By Signing this application You are making an application to lease the Premises. The Lessor may or may not send You a proposed Residential TenancyAgreement for the Premises.
If You are the successful applicant, the Lessor will send You a proposed Residential Tenancy Agreement for the Premises which will contain information about pre-requisites for the creation of a binding Residential Tenancy Agreement. The Residential Tenancy Agreement will be comprised of Parts A, B and C. Parts A and B can be viewed on reiwa.com.au. Part C will also include additional terms agreed to by the parties, a draft of which is attached to this Application.
If a sum for an Option Fee is stipulated in Part A, You must pay that Option Fee to the Property Manager at the same time You make this application.The Option Fee must be paid by You by cash or cheque. If You are not the successful applicant and have paid an Option Fee, the Option Fee will be refunded to You by way of an electronic transfer to Your bank account details set out in Part B within 7 days of the decision.
If You are the successful application the Lessor will provide You with a proposed Residential Tenancy Agreement for the Premises which will grant You the option of entering into a Residential Tenancy Agreement
(a) if You sign the Residential Tenancy Agreement, comply with all the stipulated requirements for the creation of a binding Residential TenancyAgreement as set out in Part C of the document (eg returning the document to the Property Manager by the stipulated time, paying full stipulated rental and bond); and;
(i) if an Option Fee has been paid THEN a binding Residential Tenancy Agreement will exist between You and the Lessor and any Option Fee will be refunded to You or applied towards the rent; or
(ii) if no Option Fee has been paid and if neither the Lessor nor the Property Manager sign the document THEN no binding Residential Tenancy Agreement will exist between You and the Lessor; or
(iii) if no Option Fee has been paid and if the Lessor (or the Property Manager) signs the document, THEN a binding Residential TenancyAgreement will exist between You and the Lessor.
(b) if You do not sign the Residential Tenancy Agreement or if You do not comply with the pre-requisites for the existence of the Residential TenancyAgreement You will not have entered into a binding Residential Tenancy Agreement, the option for You to enter such an agreement will lapse,and any Option Fee paid by You will be forfeited to the Lessor.
Note: Under the Residential Tenancy Act 1987 agreements to lease do not have to be in writing and may be entered verbally or by conduct.This clause 18 does not purport to remove any right of parties to reach non-written agreements. However, if the parties wish to enter an agreement on the terms set out in this form, the pre-requisites set out above must be met in order for the lease to exist.
YOU MUST UNDERSTAND THAT IF YOU ARE THE SUCCESSFUL APPLICANT AND THE LESSOR PROVIDES YOU WITH A PROPOSED RESIDENTIALTENANCY AGREEMENT BUT YOU DO NOT COMPLY WITH PRE-REQUISITES FOR THE EXISTENCE OF A BINDING RESIDENTIAL TENANCY AGREEMENT,SET OUT IN PART C OF THE RESIDENTIAL TENANCY AGREEMENT (INCLUDING SIGNING THE RESIDENTIAL TENANCY AGREEMENT, RETURNING IT TOTHE PROPERTY MANAGER BY THE STIPULATED TIME, PAY ANY STIPULATED RENTAL IN ADVANCE,SECURITY BOND AND / OR PET BOND) NORESIDENTIAL TENANCY AGREEMENT WILL COME INTO EXISTENCE AND THE LESSOR MAY ENTER INTO A RESIDENTIAL TENANCY AGREEMENTWITH ANOTHER PERSON.
DEFINITIONS
(a)
"Act" means the Residential Tenancies Act 1987 including any amendment.
"Application" means this Application to enter into a Residential Tenancy Agreement.
" Business Day" means any day except a Sunday or public holiday in Western Australia
"Lessor" means the person/entity with the authority to lease the Premises
"Option Fee" means a payment as referred to in section 27(2)(a) of the Act. The amount of the Option Fee is specified in Part A of this application.The amount of the Option Fee is capped as follows:
(i) where the weekly rental under the Residential Tenancy Agreement is $500 or less, an Option Fee of up to $50 is payable;
(ii) where the weekly rental under the Residential Tenancy Agreement exceeds $500, an Option Fee of up to $100 is payable;
(iii) where the Residential Tenancy Agreement is for residential premises south of the 26th parallel of south latitude and the weekly rent is $1,200 or more, an Option Fee of up to $1,200 is payable.
"Premises" means the address specified on the first page of this document. Any items included or excluded will appear in Part A of the proposedResidential Tenancy Agreement
"Property Manager" means the real estate agent appointed by the Lessor to lease and manage the Premises.
"Residential Tenancy Agreement" means an agreement in writing in the form prescribed by the Act, comprising of Parts A, B and C.Part C will include additional special conditions as agreed between the parties.
"You" or "Your" means the person or persons making the Application to Lease the Premises.
(b) All acts and things that the Lessor is required or empowered to do may be done by the Lessor or their Property Manager.
You agree that for the purpose of this Application, the Lessor or Property Manager may make enquiries of the persons given as referees, next of kin or emergency contacts provided by You, and also make enquiries of such other persons or agencies as the Lessor may see fit
The personal information You give in this Application or collected from other sources is necessary for the Lessor or Property Manager to verify Your identity, to process and evaluate the Application, to manage the tenancy and to conduct the Property Manager's business. Personal information collected about You in this Application and during the course of the tenancy may be disclosed for the purpose for which it was collected to other parties including to the Lessor, referees, other Property Managers, prospective lessors, third party operators of residential tenancy databases, and prospective buyers of the Premises. Information already held on residential tenancy databases may also be disclosed to the Property Manager or Lessor.
If You enter into the Residential Tenancy Agreement or You fail to comply with Your obligations under any Residential Tenancy Agreement that fact another relevant personal information collected about You during the course of this Application (including information provided separately to this application) or the Residential Tenancy Agreement may also be disclosed to the Lessor, third party operators of tenancy reference databases (to the extent permitted by law) and debt collectors, other Property Managers, prospective lessors and prospective buyers of the Premises.
If You would like to access the personal information the Lessor or Property Manager holds, You can do so by contacting the Property Manager. See also the attached notice regarding use of residential tenancy databases.
You can also correct this information if it is inaccurate, incomplete or out-of-date. If the information in this Application, is not provided, the Property Manager may not be able to process the Application, or the Residential Tenancy Agreement properly or manage the tenancy properly.
NOTICE OF USE OF ONE OR MORE RESIDENTIAL TENANCY DATABASES
Section 82C - Residential Tenancies Act 1987
It is the Property Manager's usual practice to use one or more residential databases for the purpose of checking an applicant's tenancy history.
The name of each residential tenancy database the Property Manager or Lessor usually uses, or may use, for deciding whether a residential tenancyagreement should be entered into with a person are set out below.
The contact details for the database operator(s) who operates the database(s) used by the PM as referred to above are as follows.
(a) TICA (strike out if inapplicable)
-
-
Address: PO Box 120, Concord NSW 2137
-
Telephone: 190 222 0346. Calls are charged $5.45 per minute including GST (higher for mobile or pay phones)
- Facsimile: (02) 9743 4844
- Website: www.tica.com.au
(b) National Tenancy Database (strike out if inapplicable)
-
-
Address: GPO Box 13294, George Street 120, Brisbane QLD 4003
-
Telephone: 1300 563 826
-
Facsimile: (07) 3009 0619
-
Email: [email protected]
-
Website: https://www.ntd.net.au/
The applicant may obtain information from the database operator in the following manner:
(a) as to TICA:
-
- Postal and fax application forms can be downloaded from www.tica.com.au . Information regarding application fees can be found on the application form;
(b) as to the National Tenancy Database;
-
- A request for rental history file can be downloaded from www.ntd.net.au . A link to the form can be found under the tab "For Tenants".
- A request for rental history may be submitted by post, fax or email.
NOTE: This notice is required to be given regardless of whether the Property Manager intends to conduct a search on the particular applicant.
- The tenant/s are aware that if rent is more than 2 days in arrears, Notices of default will be issued & recorded
- The tenant/s are aware there is no smoking permitted inside the property. The tenants are requested to avoid burning candles insidethe property for safety reasons & are aware that any smoke damage to walls/ceilings/floor coverings or fixtures caused by burning candles orincense will need to be repainted at the tenants expense to the satisfaction of the owner.
- The tenants agree to have the carpets professionally cleaned at the end of their tenancy at their expense & during the tenancy of-required. Should the carpets not be cleaned to a satisfactory standard they may be required to be cleaned again at the tenants expense.We recommend tenants contact our office before authorising companies to clean the carpets or use one of our recommended Carpet Cleaners.
- The tenants are aware NO PETS are permitted to be kept at the property OR The tenants are aware that 1 x DOG/CAT is permitted to be kept at the property. A standard $260.00 pet bond applies. The tenants are aware that the pet bond will be used to fumigate the property at the end of the tenancy. The tenants are aware that should their pet cause any damage to the property - the damages are to be rectified at the tenants expense prior to any inspection being carried out. The tenants are aware that should a pet urinate on any carpeted area of the house, the owner reserves the right to request that the carpet and the underlay be replaced at the tenants expense to the owners satisfaction.
- The tenants are aware that if a maintenance contractors attendance to the property is arranged with the tenant and the tenant does not provide access at the arranged time the tenant will be invoiced for the contractors attendance to reimburse the owner for damages eg; cost of the contractors attendance
- The tenants are aware it is their responsibility to maintain all lawns & gardens at the property, this includes watering, weeding, pruning& maintenance of plants & mowing/edging/fertilising lawns. Tenants are also required to maintain reticulation, sprinklers & hoses at alltimes, this includes replacing or cleaning broken or blocked sprinklers. If there is a problem with the reticulation system the tenants arerequired to advise the owner within 3 days. If the lawns or gardens are not maintained after a Reminder Notice being issued, a gardener canbe employed at the tenants expense. The tenants agree not to park any vehicle on the front lawn or garden at any time. The verge iscouncil property, however must be maintained to the same condition.
- The tenants are aware that any rubbish or items left in or around the property after vacating will be removed at their expense.
- The tenants are aware that they are responsible for 100% water usage at the property. The tenants will be invoiced every 2 months forwater usage via email.
- The tenants are aware that the Water Corporation will read the meter after they vacate & the tenant will be required to reimburse theowner for the meter reading fee.
- The tenants are aware that all miscellaneous items ie Water usage must be paid to Dana Fulton Property Management within 14 daysof being invoiced. Tenants are aware & agree to invoices being emailed (not posted via Australia Post) to them for payment & acknowledgethey need to check the email address supplied to Dana Fulton Property Management regularly for correspondence.
- The tenants are aware that should any maintenance be required at the property, access must be given during business hours to carryout any repairs/quotes. Alternatively tenants can give the contractor permission for the office key to be used for access.
- The tenants acknowledge & are aware that regular Routine Inspections will be carried out. The office key will be used for access if thetenant is not home. The owner of the property may also attend the inspections, 7-14 days notice will be provided via email & post prior toan inspection being conducted. The tenants are aware photographs will be taken at the inspections.
- The tenants acknowledge that rent will be charged until all keys are returned to our office upon vacating & that the owner can chargerent until the property has been handed over is a satisfactory clean condition.
- The tenants are aware that it is an offence under the RTA not to pay rent with the intention that it be taken from the security bond.
- The tenants are aware that it is their responsibility to arrange a mail redirection after vacating.
- The tenants are aware that sub-letting is not permitted.
- The tenants agree to abide by all Strata by-laws, park in their allocated car bay & not cause a nuisance to other occupiers or neighbours
- The tenant is aware that they are responsible for replacing tap washers & blown light globes.
- The tenants are aware that should a dispute arise during the tenancy a hearing at the local Court house.
- The tenants are aware that should they wish to vacate prior to their lease expiry, they are Breaking their Lease & are required to pay rent & continue up keep of the property & yards until new tenants are found/or until their lease expiry, advertising/marketing costs, a Break lease fee (dependent of how much of the original lease is being broken).
- The tenant /s are aware that the owner reserves the right to increase the rent 6 months into the Lease Agreement with 60 days notice of the rent increase.
- The tenants are aware they are required to notify Dana Fulton Property Management immediately of any change of employment & any changes of their phone numbers, & email addresses
INFORMATION FOR TENANT
WHAT YOU MUST KNOW ABOUT YOUR TENANCY
At the start of your tenancy you must be given the following by the lessor or the property manager of the premises:
-
a copy of this information statement
-
a copy of your residential tenancy agreement
-
2 copies of the property condition report (must be received within 7 days after you have entered into occupation of the premises)
-
a bond lodgement form for you to sign (if you are paying a security bond), so that it can be lodged with the Bond Administrator keys to your new home.
UPFRONT COSTS
You are not required to pay:
-
more than 2 weeks rent in advance (see “ESSENTIALS FOR TENANTS” below for more information
- more than 4 weeks rent as a security bond (if the rent is less than $1 200 per week)
- more than $260 for a pet bond (if you are allowed to keep a pet on the premises)any other amount
ESSENTIALS FOR TENANTS
Follow these useful tips and pieces of information to help avoid problems while you are renting:
- If you have paid a security bond, you should receive a Record of Payment of Security Bond (record of payment) when the bond is lodged with the Bond Administrator at the Department of Commerce. If you do not receive the record of payment within 4 weeks of paying the bond, contact the Consumer Protection Advice Line on 1300 30 40 54 to make sure it has been lodged correctly. The record of payment will also advise you of your Rental Bond Reference Number.
- If you do not agree with the property condition report, mark your concerns on the report and return it to the lessor. The property condition report is an important piece of evidence. If you do not take the time to complete it accurately, money could be taken out of your bond to pay for damage that was already there when you moved in.
- If you paid an option fee, it should be applied to your rent or returned to you.
- The lessor cannot require you to pay more than 2 weeks rent in advance at any time during the tenancy agreement. However, at any time during the tenancy agreement, you can choose to pay more.
- Never stop paying your rent, even if the lessor is not complying with their side of the agreement (e.g. by failing to do repairs) — you could end up being evicted if you stop paying rent.
- You must not stop paying rent with the intention that the lessor will take the rent from the security bond.
- You or the lessor will need to give notice in writing before ending the tenancy agreement (see “ENDING THE RESIDENTIAL TENANCY AGREEMENT” in your residential tenancy agreement).
- On the day your tenancy agreement ends, you must give vacant possession of the premises to the lessor (this includes handing over the keys to the lessor or the property manager). You may be liable to pay damages to the lessor if you do not vacate on time.
- If the property has a pool or garden, be clear about what the lessor expects you to do to maintain them.
- Under the Building Regulations 2012, owners and occupiers are responsible for ensuring that a suitable enclosure is provided around a swimming pool or spa-pool on the property. If a fence, wall, gate, window, door or other barrier around a swimming pool or spa-pool is not in working order or does not comply with Building Regulations 2012, contact your lessor or property manager immediately to arrange urgent repairs. If delays occur, or you need more information, contact your local government
- Loose blinds or curtain cords or chains which are not fixed out of reach pose a strangulation risk for children. Contact your lessor or property manager to discuss arrangements about making window coverings safe. Product safety laws apply.
- Be careful with what you sign relating to your tenancy, and do not let anybody rush you. Never sign a blank form, such as a claim for refund of bond.
- Keep a copy of your property condition report, rent receipts, bond receipt, record of payment of bond and copies of letters/emails you send or receive in a designated tenancy file or folder. Keep it somewhere you can easily find it.
- You must provide a forwarding address to the lessor or the property manager of the premises when you leave the premises. It is an offence not to do so.
COMPLAINTS AND DISPUTES
If a dispute between a lessor and a tenant is to be decided by the court, it must be dealt with by a court that has jurisdiction to hear and determine the application. The Magistrates Court has exclusive jurisdiction to hear and determine applications relating to bond and other tenancy matters that do not involve a claim over $10 000. When making an application to the Magistrates Court, you must always use the name of the lessor on the application form and not the property manager or agent.
If you need to give the lessor a notice under the Residential Tenancies Act 1987, it should be in writing and can be given to the lessor or the property manager of the premises, someone living with the lessor who appears to be over the age of 16, or to the person who usually receives the rent.
If the lessor needs to give you a notice under the Residential Tenancies Act 1987, they can do so by posting it to you or by giving it to someone living in the rented premises who appears to be over 16 or to the person who usually pays the rent.
Where there are 2 or more lessors or tenants, notice only needs to be given to one of them.
For information about the Magistrates Court, including what forms you should use, visit their website at www.magistratescourt.wa.gov.au or go to the Department of Commerce website at www.commerce.wa.gov.au/ConsumerProtection to view general information publications about disputes and about the Magistrates Court process.
