In general tenancies, tenants rent a residential property (or part of a property) from a property manager/owner. The tenant may have the exclusive right to live in the property, or they may share the property with others (e.g. co-tenants in share homes).
General tenancy agreements are typically used when renting a:
- house
- unit
- apartment
- townhouse
- houseboat
- secondary dwelling (such as a granny flat).
The Residential Tenancies and Rooming Accommodation Act 2008 (the Act) lists the rights and responsibilities of people who live in, own and manage general tenancies.
What is a general tenancy agreement?
A General tenancy agreement (Form 18a) is the agreement between a tenant and a property manager/owner that sets out the terms that apply to the tenant’s stay in the property.
The tenant must be given a copy of the general tenancy agreement on or before the day they move into the property. The tenant has 5 days to sign the agreement and return it to the property manager/owner.
If the tenant is not given an agreement to sign, they still have protection under the law.
If the property is part of a body corporate, a copy of the body corporate rules and/or by-laws must also be given to the tenant. Body corporate rules and by-laws form part of the terms of the agreement.
What is the property manager/owner responsible for?
The property manager/owner is responsible for:
- meeting all the costs of preparing the agreement
- ensuring the correct form is used and completed
- giving the tenant copies of the:
- tenancy agreement
- body corporate rules or by-laws
- Pocket guide for tenants – houses and units (Form 17a)
- Entry condition report – general tenancies (Form 1a).
- signing and returning the agreement to the tenant within 14 days after receiving a signed copy
- making sure the property is in a good state of repair and ready for the tenant to move in on the agreed date.