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Lease Conditions

Discussion in 'Property Management' started by Gibba, 2nd Jul, 2015.

  1. Gibba

    Gibba New Member

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    Location:
    WA
    I have a property in WA that I self manage. There is a new tenant coming in and obviously a new lease. Does anyone have any suggestions for good conditions to protect me as the landlord?
    The type of things I have heard of are: First inspection after 4 weeks. Someone else suggested that I could put in a condition about tradesmen, ie if a dishwasher problem was caused by food build-up that that the tenant pays the cost. I have also heard the same thing about pilot lights in gas heating and RCD switch for power. I also allow pets so any conditions that help here would be nice.
    Anyway I would love to hear your ideas.
    Thanks
     
  2. thatbum

    thatbum Well-Known Member

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    Most extra conditions that I hear about are either unlawful or redundant - because they either try to change the standard conditions, or just mirror them.

    I would just familiarise yourself with the standard lease conditions (particularly around damage and maintenance) and not worry too much about extra conditions.
     
  3. Gibba

    Gibba New Member

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    I am not looking to be unlawful however there are conditions that can be used to improve the lease to provide clear expectations about specific issues.

    Does anyone have any lawful conditions that can be used to improve a lease for a landlord?
     
  4. thatbum

    thatbum Well-Known Member

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    Really? I'm not so sure. I can't think of any off the top of my head.

    The only extra conditions I've put in my leases were to note included chattels and to notify the tenant of certain things (which aren't really lease conditions anyway).
     
  5. Gibba

    Gibba New Member

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    I have just found a few good ones. Are these unlawful? Any other good ones?

    1.1 THERE IS TO BE NO SMOKING INSIDE THE PREMISES AT ANY TIME

    1.2 THE TENANTS AGREE THAT THEIR CONTACT DETAILS WILL BE PROVIDED TO THIRD PARTIES FOR THE PURPOSE OF ARRANGING MAINTENANCE THAT MIGHT BE REQUIRED AT THE PROPERTY
     
  6. thatbum

    thatbum Well-Known Member

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    Arguably unlawful due to a breach of quiet enjoyment. Even if it is lawful, its not really enforceable beyond the clause against damaging the property or keeping it reasonably clean.

    I guess you could put this to notify the tenants - but you don't need their agreement to do this anyway, so its kinda redundant.
     
  7. WestOz

    WestOz Well-Known Member

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    Hi Gibba, in-case your not aware - http://www.commerce.wa.gov.au/consumer-protection/landlords-tools-and-checklist
    Sites not very organised (nor does it have subscription or RSS feed so check it out now & then for any updates) so In particular - http://www.commerce.wa.gov.au/publications/property-renting-guides-and-videos
    Supply your tenant with a link via email (save for evidence), hard copy as part of the signed agreement.

    Recommend getting photo copies of tenants drivers licence and medicare card/s, make a note of their vehicle licence plates (update it if they change vehicles during tenancy)

    Whilst friendly demeanour, be legally consistent as a landlord (not friend/mate), don't get sucked into their sob stories.
    You are a business owner, they are your client/customer, both require one another.
    Be clear with your initial expectations even if in appendix, e.g. if your initial intent/advisement is to supply a Form 21 day one of being late regardless of excuses do it don't leave it for a few days or when you get around to it, ledger it in-case later required for evidence.

    If on welfare (some have valid reasons, not all dole bludging bogans) whilst not mandatory "request" to have the rent paid fortnightly via - http://www.humanservices.gov.au/customer/services/centrelink/centrepay

    In the end be realistic with expectations, i.e. demands of not smoking in the premises, even if they don't smoke themselves perhaps their visiting family/friends do, how could you ever police/enforce it?
    As long as their paying their rent on the due date so your mortgage/outgoings are also paid, not trashing the joint, both parties are full-filling the legal requirements, that's all you can do.
    Expect to cop-on-the-chin some wear and tear, maybe a little damage.
    Unless the relationships soured, you plan to get rid of them, remember to send them a Christmas card, perhaps a small gift, goes along way.

    If your intending letting/self managing what has been your PPOR I don't recommend it, emotional attachment makes it very difficult, best way is to use an agent and never go near/past the place, it is what it is.