What is the Agreement to Take Residential Premises?

Oct 10, 2022, 16:13 PM
Title : What is the Agreement to Take Residential Premises?

This is a standard agreement whereby the owner agrees to allow the tenant to occupy the owner’s property under specified terms and conditions.

This is called a 'lease agreement' and it is mandatory that the content of the lease, as prescribed in the Residential Tenancies Regulations, is used.

This form can be identified by “Form 1AA”. The Lease has three parts - Part A, Part B and Part C.

The wording of Parts A and B cannot be altered or deleted.

Part A specifies the variables:

  • The identity of the tenant, owner and the property.
  • The type of tenancy (fixed or periodic).
  • The amount of the rent, when and how it will be paid.
  • How many people are permitted to occupy the premises.
  • If pets are permitted.
  • Who is to pay for water consumption.
  • The amount of the security bond.

Part B addresses the general rights and obligations under the lease.

Part C is where the owner and the tenant come to an agreement on other conditions that may apply to the lease that have not been addressed in Parts A and B.

The additional conditions in Part C cannot go against the conditions in Parts A and B, must not be illegal, cannot go against the Residential Tenancies Act nor the Regulations and must not breach the Fair Trading Act.

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