Tenancy in the ACT - What is in a tenancy agreement?

< Back to list

Read your tenancy agreement carefully, noting the length of the tenancy, the amount of rent to be paid and the time and method of payment, and any special conditions.

Section 9 of the RTA provides that a term of a tenancy agreement is void if it is inconsistent with the RTA. If a term is inconsistent with the STTs, it will be valid only if endorsed by the ACAT.

So if your tenancy agreement contains any term that contradicts the STTs (eg, a requirement to have the carpets cleaned at the end of the lease), the term will not be enforceable UNLESS you and the landlord apply jointly to the ACAT to have it endorsed.

The exception to this are “posting clauses”, dealt with in Section 8 of the RTA, which do not require endorsement. If, at the time of signing the tenancy agreement, the landlord agrees to make repairs or provide a facility, this agreement should be provided in writing.

If this is not provided, write immediately to the landlord or agent confirming th agreement (include details of work as well as the date, and keep a copy).

NEVER sign anything if you are not sure of its meaning and if you do not agree with it. Contact TAS if you require assistance.

 

Information supplied courtesy of the Tenants Union of ACT

Further information and advice for ACT tenants can be sourced from

www.tenantsact.org.au