The agreement is a legally binding written contract that outlines the rights and responsibilities of a resident and property manager/owner. Special terms can be added if the property manager/owner and resident agree.
The agreement should be written in a clear way and the manager/provider must pay for the cost of preparing it.
The resident must be given a copy of the Rooming accommodation agreement on, or before, the day they move into the room. If they are not given an agreement to sign, they still have protection under the law.
A copy of the house rules must also be given to the tenant as these form part of the terms of the agreement.
The agreement must include:
- the room that can be occupied and what common areas can be used
- start and end dates of the agreement (or state if it is periodic)
- house rules
- the rent and any other costs (e.g. food, personal care, or other services)
- how rent should be paid (e.g. direct deposit)
- standard terms – what the resident and manager/provider can and cannot do
- any special terms
- if a bond is to be charged
A bond does not have to be taken but if it is it must be lodged with the RTA within 10 days using the Online Bond Lodgement facility or a paper form.
If the rent is $500 or less per week, the maximum bond that can be charged is 4 times the weekly rent.
If the rent is more than $500 per week, there is no bond limit. In this situation, the RTA recommends the manager/provider should first discuss the bond amount with the resident.
A Condition report (Form R1) must be completed if a bond is taken. However it is recommended that a Condition report is completed regardless of whether a bond is taken. This report records the condition of the resident's room at the start of the agreement.
The fact sheets and checklists below provide a summary of key things to remember in rooming accommodation.