A question on additional lease terms in NSW. I made an application for a new tenancy which was accepted. I then paid a holding deposit. When I went to sign the lease, the managing agent added an addendum of about twenty additional terms to the standard REINSW agreement. If I refused to sign the additional terms would I lose the holding deposit?
Many additional terms are poorly drafted, contravene the act and/or are inserted at the request of the owner (some agents have a few of their own as well). Eg. Requiring carpet cleaning (unless you have pets) are not enforceable.
Gardens to be maintained Aircon units set between 22-24 only else costs to tenant Aircon filters and exhaust fans cleaned every 3 months Replace light globes Mould growth due to lack of ventilation responsibility of tenant Drains clean and free of leaves No smoking indoors no plants or their containers in wood/carpet floors $25 bank debit dishonour fee
How could the temperature of the AC be determined by anyone other than a occupant allowed quiet enjoyment ? Is this lease inclusive of power ? If not, why ? An unsatisfied AC unit on a hot day will not use more power set at 24 than at 18. Does the landlord warrant that the temperature on the remote is the internal room temp ? So unenforceable. Other additions are pretty normal. Some others : - Vehicles are only permitted to be wholly parked on a driveway or in the garage and no part of any vehicle may drive on or park on grass including on nature strips. If state water restrictions impose limits that prohibit car washing on a driveway, the lawn may still not be used. - No waste or articles are to be stored outside in the front / side yards other than in a closed council bin - Damage to automatic garage doors and any part of the building are the responsibility of the vehicle driver (if attributable to vehicle use) or tenants (if caused by a person whether named or not on the lease). The real estate managing agent is to be provided with details of the event and the persons involved within 48 hours so that an insurance claim may be made by the property owners. In the absence of compliance with this matter the damage will not be remedied only under the terms of the residential tenancy lease but as an insurance claim to which the tenants may incur liability to the insurer. Any excess attributable is to be met by the tenants at the time the claim is made and on vacancy of the premises may be withheld from a bond. Tenants shall not effect any repairs to the building or automatic door without approval. - Driveway and gardens to be maintained free of weeds and existing plants and lawn to be maintained at regular intervals. - The tenant is responsible for monitoring for water loss. eg a leaking water pipe. All consumption loss is the tenant responsibility as the condition at the time the lease commences has been checked. - No decorative or seasonal (Christmas) lights to be installed to the exterior of the building - No person may set foot upon the tiled roof without permission - No signage is permitted to be displayed - BBQ use under pergola is not permitted - No pool or apparatus that holds water intended for use as a pool (eg wading pool, inflatable etc) may be erected, installed or filled with water due to state law and council regulations - Unregistered vehicles may not be parked on the property. It is illegal to park a unregistered vehicle or trailer on a public road - Trucks of greater than 3.0 tonnes weight shall not be parked at any time on the property. This includes a removal, skip bin or delivery truck. Resulting damage to pavers and paths will be the tenant responsibility - No chemicals or fuels (incl acetylene, hydrogen and oxygen in any volume) greater than 5 litres are permitted on property. A compliant BBQ / Heater gas cylinder up to 10kg is permitted. - The tenant warrants that they will obtain their own property contents insurance and that this insurance shall be the only insurance they will make claim on for their property loss. If the tenant is uninsured the owners insurance will not be available for any claim for any event that benefits the tenant even if the cause of the loss may be attributed to the property. Example : property fire due to an electrical fault. Property loss is a risk which the tenant must consider insuring for.
I'd pretty much say that entire list is either redundant, unenforceable, or void for contracting out. So I don't think it affects anything legally. That said, if they sprung extra terms on you and you didn't want to sign, you should be entitled to your deposit back too.
