NSW Lease Agreement - Additional Terms

Hi All,

We are about to enter into a Residential Tenancy Agreement in NSW and the agreement provided by the leasing agent has a number of 'Additional Terms' attaching thereto.

I'm aware that any 'Additional Term' can be negotiated and I'm particularly interested in their 'Additional Term' for 'Termination'.

Does anybody have any examples of this Clause they have applied in their Tenancy agreements or have signed up to? I would like to compare their proposal to others.

Have no issue with expecting to pay costs, rent up to the fixed term or until they find a new tenant (earlier of) as we are Landlord's ourselves, but there are several other conditions within this Clause which I think are very onerous on us as the Tenant.

Also, is anybody aware of any Clauses which leasing agents try to include that should not be accepted under any circumstance? All seem like they are from a standard REINSW Library. They have included:

Additional Term - Break Fee (Deleted, OK with this)
Additional Term - Pets
Additional Term - Agreement to Use Previous Condition Report
Additional Term - Tenant's Care and Use of the Residential Premises (very wordy!)
Additional Term - Telecommunication Services
Additional Term - Rent and Rental Bond
Additional Term - Occupants
Additional Term - Termination (Onerous)
Additional Term - Statutes, Strata By-Laws, Rules and Special Conditions for Flats
Additional Term - Swimming Pools (Deleted, No Pool)
Additional Term - Rent Increases During the Fixed Term < 2 Years (Not Completed)
Additional Term - Rent Increases During the Fixed Term > 2 Years (Not Completed)
Additional Term - Condition Report forms part of this Agreement
Additional Term - Additional Tenant Obligations
Additional Term - Tenancy Databases
Additional Term - Garbage, Storage Cage, Open Air Space or other Storage Facility
Additional Term - Details of Tenant and Tenant's Agent
Additional Term - Tenant's Refusal of Access
Additional Term - Privacy Policy
Additional Term - Additional Terms and Conditions

I feel as though we should have our Lawyer look at all these as our last Tenancy Agreement did not include half of this list. Copy of all the clauses is attached herewith.

Any assistance/commentary appreciated.

 

The loss of bargain is an interesting one.

Most of the clauses seem to be more smoke than fire IMHO but I would be a little reticent about getting into a relationship with a landlord/agent who goes down this path.

 

Is this a renewal? They can't otherwise rely on an inspection report prior to your occupation of the premises

Telecommunications service - if there's a phone point you can use it, if not live with it. If there's no connection to the phone point ie hasn't been used for years the owner must reimburse connection costs. Likewise aerial point should be usable.

Rent increase during fixed period - cross it out.

 

@sydprop I agree. I'm looking to strike this.

@Scott No Mates this is not a renewal. I will strike this.

Telecommunication Service - This is a brand new apartment. Tried to have ADSL connected this week prior to our move, the telephone line isn't connected from the exchange to the premises. I was going to seek reimbursement for the connection cost. Any idea what part of the Tenancy Act I can rely on for this? General maintenance, repair or connection of services?

Rent Increase - Will be crossed.

Any thoughts on the Termination Clause?

 

Liability for strata "fines": These should be limited to those that the strata can legally impose (i.e. not many)... You don't want the landlord accepting a "strata fine" on your behalf.

When I signed my last lease (as a tenant), they put in a fixed termination fee of 6 weeks (for leases less than 3 years). I actually thought that was a good balance and good business. This was was in an area of solid to high demand. Different story if not.

 

Wow is that the standard REINSW lease? What a complete crock.

99% of those additional terms are either redundant or void for attempting to 'contract out'. Including the termination clause.

 

Appreciate the feedback. I've submitted my request to negotiate many of these 'Additional Terms'.

Query, if for instance, we are unable to come to agreement with the Landlord/Agent in respect of the 'Additional Terms' and do not enter into the Lease, would this constitute grounds for us to forfeit our Holding Deposit and 1st Weeks Rent?

Or because we are still wanting to enter into the lease on grounds which are fair and reasonable or all parties but the Landlord/Agent who refuses to accept negotiated terms, will we get our Holding Deposit and 1st Weeks Rent returned?

 

I don't know what the industry practice is over there, but legally you should be entitled to those monies back.

Its a bit silly to abort over the additional terms though if they essentially mean nothing.

 

just a standard REI agreement.

Condition report date should be filled in, Rent increases is irrelevant as its not filled in, hence no increases and used at renewal time.

 

Are these terms can be found on Fair Trading Website?