A lease is a contract between a lessor (landlord or nominee) and a lessee (tenant) that both parties sign when a tenant wants to rent residential or commercial property. The lease includes the rights and responsibilities, as well as the terms and conditions, that the lessor and tenant both agree to.LawDepot's Residential Tenancy Agreement is specific to residential rental properties, such as a house, apartment, granny flat, room, basement suite, and more.For commercial properties, such as restaurants, office buildings, or retail stores, use LawDepot's ProductLink code="COMLSE" text="Commercial Lease Agreement".

What should be included in a rental agreement?

A standard residential lease agreement usually includes: Contact details for the lessor and tenant (if the lessor is represented by a property manager, contact information for both should be included) The address of the property that is being rented Whether a nominee (sometimes called a property manager) or the lessor should be contacted for urgent repairs Lease terms, such as the tenancy duration, rent amount, and the frequency of rent payments (weekly, monthly, fortnightly, or annually) Rules regarding pets, smoking, or guests The method of payment accepted for rent, such as cash, cheque, credit, debit, or payroll deduction Whether a rental bond (security deposit) is required The rental agreement should include other details, such as the rental rights and obligations of the lessor and tenant, and the preferred method that notices and documents should be served to both the lessor and tenant.

Who should use a Residential Tenancy Agreement?

A lessor and tenant who wish to enter into a residential rental agreement should utilize a valid contract to outline their rights and responsibilities.Individuals or organizations who can benefit from using LawDepot's Residential Tenancy Agreement are: Lessors and/or property managers Individuals in search of a residential property to rent Individuals who wish to rent residential property (such as a room, basement suite, condo, or townhouse) to friends or family members Real estate agents

What are the different periods of tenancy?

In Australia, there are two different periods of tenancy: fixed term and periodic.Fixed term means that the tenant agrees to rent the property for a pre-determined amount of time, such as six months or one year.Periodic means that the tenant rents the property for an indefinite period of time until the lease is terminated by the lessor or tenant in accordance with the Residential Tenancies Act.

Who needs to sign a tenancy agreement?

A Residential Tenancy Agreement generally needs to be signed by the lessor and the tenant or tenants that are renting the property.It's also good practice for the lessor to provide a copy of the signed agreement to each tenant.

Is there a cooling off period for rental agreements?

Some legal contracts may have a cooling off period, which means that after the contract is signed, there is a certain amount of time (which may vary by jurisdiction) where the parties in the contract can choose to cancel without penalty.Generally, rental agreements do not have cooling off periods, although this may vary depending on your state or territory's tenancy laws. In most cases, once the rental agreement is signed, the parties are legally bound to the terms and conditions listed in the agreement. In order to prevent issues, it's important that the lessor and tenant both go over the lease and negotiate any changes that need to be made before signing the document.

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Residential Tenancy Agreement

It is agreed that the lessor grants to the tenant for value a right of occupation of the premises for use as a residence by the tenant in accordance with this tenancy agreement (including the 100 terms of the tenancy under the heading "Terms of Tenancy").

Parties
This agreement is made between:

the Lessor _________________________ of ______________________________________________________________
and the Tenant _________________________ of ______________________________________________________________.
Premises
The Lessor lets to the Tenant the premises at ________________________________________________________________________________ together with all furniture, fittings, appliances and goods listed in the Condition Report.
Rent
The rent is $___________ per month payable in advance to the Lessor .
Duration of the tenancy
The Tenancy shall consist of:

an agreed fixed term from 19 January 2021 and to 19 January 2021; and then a periodic tenancy begins automatically after the fixed term has ended unless terminated by the Lessor or Tenant in accordance with the Residential Tenancies Act.
Address for service of documents
Notices or any other documents may be delivered in person, by post, by registered courier or by fax to the Lessor at:

- the address of the Lessor's agent above.
Notices or any other documents may be delivered in person, by post, by registered courier or by fax to the Tenant at:

- the premises to be let under this agreement.
The Lessor and the Tenant acknowledge that notices forwarded by the method(s) identified above shall be effective unless another reasonable method for the service of documents has been communicated in writing to the other party.

Terms of Tenancy
Lessor and Tenant will comply with the terms of the tenancy agreement
(1) This tenancy agreement is made under the Residential Tenancies Act 1997 (the“Residential Tenancies Act”).
(2) The Lessor and the Tenant may agree to add additional clauses to the tenancy agreement but they must not be inconsistent with, or modify, existing clauses (except where permitted by the Act).
By signing this tenancy agreement, the Lessor and the Tenant agree to be bound by its terms during the period of the tenancy it creates.
A party to this tenancy agreement cannot contract out of it or out of the provisions of the Residential Tenancies Act, except as provided in that Act.
A fixed term tenancy will be for the single period specified in the tenancy agreement.
A periodic tenancy includes a tenancy which is not specified to be for a fixed term, including such a tenancy which commences on the expiration of a fixed term tenancy.
A reference in this tenancy agreement to a notice to vacate and a notice of intention to vacate shall be taken to be a reference to a termination notice under the Residential Tenancies Act.
Costs and procedures for establishing tenancy agreement
The Lessor will bear the cost of preparation and execution of this tenancy agreement.
The Tenant will be responsible for any legal costs that the Tenant incurs in relation to preparation and execution of this tenancy agreement.
The Lessor will give a copy of the proposed tenancy agreement to the Tenant before the commencement of the tenancy.
The tenancy agreement will be signed by the Tenant and by the Lessor (or by their authorised agents).
The Lessor will give a copy of the tenancy agreement, signed by each party, to the Tenant as soon as possible after it has been signed by each party, but no later than three weeks after the Tenant has returned a signed copy.
If the Lessor does not return the tenancy agreement to the Tenant, as provided by clause 11, the tenancy agreement has full effect in the terms signed by the Tenant on occupation of the premises or acceptance of rent.
Information
(1) The Lessor will provide to the Tenant a copy of an information booklet concerning residential tenancies authorised by the commissioner of fair trading before the commencement of this agreement.
(2) If it is not possible to provide the Tenant with a booklet, the Lessor will inform the Tenant of the booklet and where it may be obtained.
(3) If the premises are a unit within the meaning of the Unit Titles Act 2001, the Lessor will give the Tenant a copy of the articles of the owners corporation before the commencement of this agreement.
Maximum bond
Payment of a bond is not necessary unless required by the Lessor.
Only one bond is payable for the tenancy created by this tenancy agreement.
The amount of the bond will not exceed the amount of four weeks rent.
Lodgment of the bond with the Office of Rental Bonds
If the Lessor requires a bond, the bond will be lodged with the Office of Rental Bonds.
Either party may lodge the bond with the Office of Rental Bonds.
If the Lessor and Tenant agree that the Tenant is to lodge the bond
If the parties agree that the Tenant is to lodge the bond, the following applies:
1. the Tenant will complete and sign the bond lodgment form provided by the Office of Rental Bonds and the Lessor will do the same;
2. the Tenant will lodge the bond and bond lodgment form with the Office of Rental Bonds;
  1. the Tenant will lodge the bond whether or not the Lessor signs the bond lodgment form; and
  2. payment of the bond to the Office of Rental Bonds will be in cash, by bank cheque or by other such means permitted by that office;
3. the Lessor may require lodgment of the bond before the Lessor gives possession of the premises to the Tenant and if this is the case, the Tenant will be able to take possession of the premises and receive the keys to the premises as soon as the Tenant provides the Lessor with evidence of lodgment of the bond (such evidence includes the receipt of the Office of Rental Bonds).
If the Lessor is to lodge the bond
If the Lessor is to lodge the bond, the following applies:
1. on receiving the bond, the Lessor will give the Tenant a receipt for the bond;
2. the Lessor will complete and sign the bond lodgment form and the Tenant will do the same;
3. the Lessor will lodge the bond and bond lodgment form with the Office of Rental Bonds within two weeks of receiving the bond, or the commencement of the tenancy, whichever date is the later. If the Lessor has a real estate agent, the agent has four weeks to lodge the bond; and
4. the Lessor will lodge the bond whether or not the Tenant completes the bond lodgment form.
Condition Report
(1) Within one day of the Tenant taking possession of the premises, the Lessor will give two copies of a condition report completed by the Lessor to the Tenant.

(2) The condition report will be on, or to the effect of, the condition report form published by the Territory.
(1) The Tenant will examine the report and indicate on the report the Tenant's agreement or disagreement with the items.

(2) Within two weeks after the day the Tenant receives the report, the Tenant must return one copy of the report to the Lessor, signed by the Tenant indicating the Tenant's agreement or disagreement with the report or parts of the report.
The Lessor will keep the condition report for a period of not less than one year after the end of the tenancy.
Rent and bond only as payment for the tenancy
The Lessor will not require any payment other than rent or bond for the following:
1. the granting, extension, transfer or renewal of a tenancy or subtenancy;
2. vacating of premises;
3. obtaining a key to the premises; or
4. information on the availability of tenancies.
Holding deposits
The Residential Tenancies Act prohibits the taking of holding deposits.
Payment of rent
(1) The Tenant will pay the rent on time

(2) The Tenant will not use the bond money to pay the rent for the last weeks of the tenancy.

(3) The Tenant and the Lessor may agree to change the way rent is paid (including, for example, where the rent is paid or whether it is to be paid into a nominated bank account or whether it is to be paid in person).

(4) The Tenant and Lessor may agree that rent is to be paid electronically.
The Lessor will not require the Tenant to pay rent by postdated cheque.
Maximum rent in advance
The Lessor will not require an amount of rent paid in advance greater than one calendar month.
Rent receipts
If rent is paid in person to the Lessor or a real estate agent, a receipt will be given at that time.
In other circumstances where rent is paid to the Lessor, a receipt will be provided or sent by post within one week of its receipt.
(1) A receipt for payment of rent will specify the amount paid.

(2) A receipt should specify the following:
1. the date of payment;
2. the period in respect of which the payment is made;
3. the premises in respect of which the payment is made; and
4. whether the payment is for bond or rent.
(3) If these particulars are not included in the receipt, the Lessor will provide this information to the Tenant within four weeks of a request by the Tenant.
A receipt is not required if the rent is paid by the Tenant directly into an account nominated by the Lessor or real estate agent.
Rent records
(1) The Lessor will keep, or cause to be kept, records of the payment of rent.

(2) Those records will be retained for a period of not less than twelve months after the end of the tenancy.
Increase in rent
The amount of rent will not vary from period to period except as provided by this tenancy agreement and the Residential Tenancies Act.
The rent will not be increased at intervals of less than twelve months from either the beginning of the tenancy agreement for the first increase, or after that, from the date of the last increase.
Notwithstanding clause 35, if the commissioner for housing is the Lessor under this tenancy agreement and he or she—
1. undertakes a review of rent in accordance with the Housing Assistance Act 2007, section 23; and
2. as a result of the review, decides to increase the rent;
  then—
3. if a previous review of rent has been undertaken—the increase will not take effect less than one year after the date of the last increase of rent in respect of the premises; or
4. if no previous review of rent has been undertaken—the commissioner may increase the rent.
The restriction on increase in rent will apply provided the identity of at least one of the Tenants who occupy the premises remains the same as at the time of the last increase.
Review of excessive rent increases
The Lessor will give the Tenant eight weeks notice in writing of intention to increase the rent and include in the notice the amount of the increase, and the date on which it is proposed to increase the rent.
(1) The Tenant may apply in writing to the tribunal for review of an excessive increase in rent (time limits for applying and the meaning of excessive is set out in the Residental Tenancies Act).

(2) On such application being made, no increase in rent is payable until so ordered by the tribunal.
If the Tenant remains in occupation of the premises without applying to the tribunal for review, the increase in rent will take effect from the date specified in the notice.
If the Tenant wishes to vacate the premises before the increase takes effect, the Tenant will give three weeks notice to the Lessor.
Lessor’s costs
The Lessor will be responsible for the cost of the following:
1. rates and taxes relating to the premises;
2. services for which the Lessor agrees to be responsible;
3. services for which there is not a separate metering device so that amounts consumed during the period of the tenancy cannot be accurately determined;
4. all services up to the time of measurement or reading at the beginning of the tenancy; and
5. all services after reading or measurement at the end of the tenancy providing the Tenant has not made any use of the service after the reading.
(1) The Lessor will pay for any physical installation of services (e.g. water, electricity, gas).

(2) The Tenant is responsible for the connection of all services which will be supplied in his or her name.
The Lessor will pay the annual supply charge associated with the supply of water or sewerage.
If the premises are a unit under the Unit Titles Act 2001, the Lessor is responsible for all owners corporation charges.
Tenant’s costs
The Tenant will be responsible for all charges associated with the consumption of services supplied to the premises, including electricity, gas, water and telephone.
The Tenant will not be required by the Lessor to connect or continue a telephone service.
Reading of metered services
(1) The Lessor will be responsible for undertaking or arranging all readings or measurement of services, other than those which are connected in the name of the Tenant.

(2) The Lessor will provide the Tenant with an opportunity to verify readings and measurements.
If the Lessor does not arrange reading or measurement of a service connected in the name of the Lessor by the day after the date of expiry of notice to vacate given in accordance with this tenancy agreement or the Residential Tenancies Act, the Lessor will be responsible for payment of the unread or unmeasured service after the date of the last reading or measurement.
(1) If the Tenant vacates the premises without giving notice prior to departure, the Lessor will arrange a reading or measurement of services connected in the Lessor’s name within a reasonable time of the Lessor becoming aware of the departure of the Tenant.

(2) The Tenant will be responsible for payment of services to the date of that reading or measurement.
Tenant’s use of the premises without interference
The Lessor guarantees that there is no legal impediment to the use of the premises for residential purposes by the Tenant.
The Lessor will not cause or permit any interference with the reasonable peace, comfort or privacy of the Tenant in the use by the Tenant of the premises.
Unless otherwise agreed in writing, the Tenant will have exclusive possession of the premises, as described in the agreement, from the date of commencement of the tenancy agreement provided for in the agreement.
Lessor to provide premises in a reasonable state at the start of the tenancy
(1) The Lessor will provide the premises, including furniture, fittings and appliances (unless excluded in writing in the tenancy agreement):
1. fit for habitation;
2. in a reasonable state of repair;
3. in a reasonable state of cleanliness; and
4. in a reasonably secure condition.
(2) The Lessor or the Tenant may change locks (at his or her own cost unless otherwise agreed) with the agreement of the other party (which will not be unreasonably withheld).

(3) The Lessor or the Tenant may change locks (at his or her own cost) in an emergency without the agreement of the other party.

(4) Where a lock is changed, a copy of the key to the changed lock will be provided to the other party as soon as possible.
Lessor to make repairs
(1) The Lessor will maintain the premises in a reasonable state of repair having regard to their condition at the commencement of the tenancy agreement.

(2) The Tenant will notify the Lessor of any need for repairs.

(3) This section does not require the Tenant to notify the Lessor about anything that an ordinary Tenant would reasonably be expected to do, for example, changing a light globe or a fuse.
The Lessor is not obliged to repair damage caused by the negligence or wilful act of the Tenant.
Subject to clause 55, the Lessor will make repairs, other than urgent repairs, within four weeks of being notified of the need for the repairs (unless otherwise agreed).
Repairs in unit title premises
If the premises are a unit under the Unit Titles Act 2001, and the Tenant’s use and enjoyment of the premises reasonably requires repairs to the common property, the Lessor will take all steps necessary to require the owners corporation to make the repairs as quickly as possible.
Urgent repairs
The Tenant will notify the Lessor (or the Lessor’s nominee) of the need for urgent repairs as soon as practicable, and the Lessor will, subject to clause 82, carry out those repairs as soon as necessary, having regard to the nature of the problem.
The following are urgent repairs in respect of the premises, services or fixtures supplied by the Lessor:
1. a burst water service;
2. a blocked or broken lavatory system;
3. a serious roof leak;
4. a gas leak;
5. a dangerous electrical fault;
6. flooding or serious flood damage;
7. serious storm or fire damage;
8. a failure of gas, electricity or water supply to the premises;
9. the failure of a refrigerator supplied with the premises;
10. a failure or breakdown of any service on the premises essential for hot water, cooking, heating or laundering;
11. a fault or damage that causes the residential premises to be unsafe or insecure;
12. a fault or damage likely to cause injury to person or property; and
13. a serious fault in any door, staircase, lift or other common area which inhibits or unduly inconveniences the Tenant in gaining access to and use of the premises.
Tenant may authorise urgent repairs in certain circumstances
If the Lessor (or the Lessor’s nominee) cannot be contacted, or fails to effect the urgent repairs within a reasonable time, the Tenant may arrange for urgent repairs to be effected to a maximum value of up to 5% of the rent of the property over a year.
The following procedures apply to urgent repairs arranged by the Tenant:
1. the repairs arranged by the Tenant will be made by the qualified tradesperson nominated by the Lessor in the tenancy agreement;
2. if the Lessor has not nominated a tradesperson, or the nominated tradesperson cannot be contacted or is otherwise unavailable, the repairs will be performed by a qualified tradesperson of the Tenant’s choosing;
3. where the repairs are arranged by the Tenant in accordance with these procedures—the Lessor is liable for the cost of repairs and the tradesperson may bill the Lessor direct; and
4. where the Tenant does not act in strict compliance with this clause—the Tenant is personally liable for the cost of any urgent repairs arranged by the Tenant.
The Tenant will take reasonable care of the premises and keep the premises reasonably clean
During the tenancy, the Tenant will—
1. not intentionally or negligently damage the premises or permit such damage;
2. notify the Lessor of any damage as soon as possible; and
3. take reasonable care of the premises and their contents, and keep them reasonably clean, having regard to their condition at the time of the commencement of the tenancy and the normal incidents of living.
The Tenant will leave the premises—
1. in substantially the same state of cleanliness, removing all the Tenant's belongings and any other goods brought onto the premises during the duration of the tenancy agreement; and
2. in substantially the same condition as the premises were in at the commencement of the tenancy agreement, fair wear and tear excepted.
The Lessor will not require the Tenant to make alterations, improvements or renovations to the premises.
Tenant of unit to observe articles
If the premises are a unit under the Unit Titles Act 2001, the Tenant will comply with the owners corporation rules, and with any notice served in accordance with the rules, to the extent that they are not inconsistent with the prescribed terms in this agreement.
Tenant will make no alterations and will not add any fixtures or fittings without the consent of Lessor
The Tenant will not make any additions or alterations to the premises without the written consent of the Lessor.
(1) The Tenant will not add any fixtures or fittings to the premises without the consent of the Lessor.

(2) The Lessor’s consent will not be unreasonably withheld.

(3) The Tenant will make good any damage to the premises on removal of any fixtures and fittings.

(4) Any fixtures or fittings not removed by the Tenant prior to the Tenant leaving the premises will become the property of the Lessor.
Tenant will not use the premises for illegal purposes and will not disturb the neighbours
Unless otherwise agreed in writing, the Tenant will only use the premises for residential purposes.
The Tenant will not:
1. use the premises, or permit them to be used, for an illegal purpose to the detriment of the Lessor’s interest in the premises;
2. cause or permit nuisance; or
3. interfere, or permit interference, with the quiet enjoyment of the occupiers of nearby premises.
The Tenant will not leave the premises vacant for more than three weeks without notifying the Lessor.
Tenant will not sell, dispose of, or sublet tenancy without consent of the Lessor
(1) The Tenant will not assign or sublet the premises or any part of them without the written consent of the Lessor.

(2) Consent may be given at any time.

(3) No rights in respect of the premises may be created in any third party prior to consent being obtained from the Lessor.
Tenant may be responsible for damage or other breach of tenancy agreement by visitors or guests
The Tenant is personally responsible for the actions or omissions of visitors, guests or other persons on the premises if:
1. the action or omission would if performed by the Tenant have constituted a breach of this tenancy agreement; and
2. the person is on the premises with the permission of the Tenant.
The Tenant is not personally responsible for the actions or omissions of a person who is on the premises:
1. at the request of the Lessor;
2. to assist the Lessor perform any of the duties of the Lessor under this tenancy agreement (whether at the request of the Lessor or the Tenant); or
3. without the consent of the Tenant.
Lessor cannot enter premises except as provided in tenancy agreement
(1) The Lessor will not require access to the premises during the tenancy except as provided by the law, this tenancy agreement, the Residential Tenancies Act, or an order of the tribunal.

(2) The Tenant may permit access to the premises by the Lessor at any time.

(3) If requested, the Lessor or the Lessor’s agent will provide identification to the Tenant.
The Lessor will not have access to the premises—
1. on Sundays;
2. on public holidays; or
3. before 8 am and after 6 pm; other than—
  1. for the purpose of carrying out urgent repairs or for health or safety reasons in relation to the premises; or
  2. with the consent of the Tenant.
Routine inspections
The Lessor may inspect the premises twice in each period of twelve months following the commencement of the tenancy.
In addition to the inspections provided for in the previous clause, the Lessor may make an inspection of the premises—
1. within one month of the commencement of the tenancy; and
2. in the last month of the tenancy.
(1) The Lessor will give the Tenant one week written notice of an inspection.

(2) The inspection will take place at a time agreed between the parties with reasonable regard to the work and other commitments both of the Tenant and of the Lessor (or their agents).

(3) If the parties are unable to agree on an appropriate time, the Lessor or the Tenant may apply to the tribunal for an order permitting access at a specified time.
Access for purchasers and new Tenants
The Tenant will permit reasonable access to the premises during the period of three weeks preceding the end of the tenancy, on the Lessor giving 24 hours notice, in order to allow inspection of the premises by prospective Tenants.
The Tenant will permit reasonable access to the premises, on the Lessor giving 24 hours notice, in order to allow inspection of the premises by prospective purchasers of the premises provided:
1. the Lessor intends to sell the premises; and
2. the Lessor has previously notified the Tenant in writing of his or her intention to sell.
Access for making or inspecting repairs
(1) On giving the Tenant one week notice (or such other agreed period), the Lessor may enter the premises at a reasonable time, having regard to the interests of the Tenant and the Lessor, for the purpose of making or inspecting repairs.

(2) In the case of urgent repairs, the Lessor will give reasonable notice and enter the premises at a reasonable time having regard to the interests of the Tenant and the Lessor.
Notice to vacate by Lessor
The notice to vacate will be in writing, in the form required by the Residential Tenancies Act, and will include the following information:
1. the address of the premises;
2. the ground(s) on which the notice is issued, together with sufficient particulars to identify the circumstances giving rise to the ground(s); and
3. that the Lessor requires the Tenant to vacate the premises by the expiry of the required notice period and that the tenancy shall end on the day that the Tenant vacates the premises.
Notice of intention to vacate by Tenant
(1) If the Tenant serves a notice of intention to vacate and vacates the premises in accordance with the notice, the tenancy terminates on the date of vacating the premises.

(2) On receiving a notice of intention to vacate, the Lessor may—
1. accept the notice and accept that the tenancy shall end on the date nominated in the notice; or
2. apply to the tribunal for confirmation of the tenancy agreement, an order for compensation or both.
The notice of intention to vacate will be in the same form and contain the same information as the notice to vacate from the Lessor except the notice will contain the statement that the Tenant intends to vacate the premises on a certain date and the tenancy shall terminate on that date.
Termination where premises are not fit for habitation
The Lessor or the Tenant may, by written notice, terminate the tenancy on a date specified in the notice on the following grounds:
1. the premises are not fit for habitation; or
2. the premises are not available or will not be available due to Government action within a period of four weeks of the date that notice is given.
(1) In either case the Lessor will give not less than one week’s notice of termination of the tenancy, and the rent will abate from the date that the premises are uninhabitable.

(2) The Tenant may give two days' notice of termination of the tenancy.

(3) If neither the Lessor nor the Tenant give notice of termination of the tenancy, the rent will abate for the period that the premises are unable to be used for habitation, but the tenancy will resume when they are able to be used again.
Termination on or after end of fixed term
(1) The Tenant may give notice to terminate a periodic tenancy by giving the Lessor not less than three weeks notice of the date on which the Tenant intends to vacate the premises.

(2) The tenancy will end on the date specified by the Tenant.
(1) The Tenant may give notice to terminate a fixed term tenancy at or after the end of the tenancy by giving three weeks notice of the date on which the Tenant intends to vacate the premises.

(2) The tenancy will end on the date specified by the Tenant.
Termination for breach by Lessor
If the Lessor breaches the tenancy agreement, and the Tenant wishes to terminate the tenancy agreement, the Tenant may either—
1. apply to the tribunal for an order terminating the tenancy; or
2. give the Lessor written notice of intention to terminate the tenancy, in accordance with clause 91.
If the Tenant decides to proceed by way of notice to the Lessor, the following procedures apply:
1. the Tenant will give the Lessor a written notice that the Lessor has two weeks to remedy the breach if the breach is capable of remedy;
2. if the Lessor remedies the breach within that 14 day period—the tenancy will continue;
3. if the Lessor does not remedy the breach within the time specified in the notice, or if the breach is not capable of remedy—the Tenant will give two weeks notice of intention to vacate;
4. the tenancy agreement terminates on the date specified by the Tenant;
5. rent is payable to the date specified in the notice or to the date that the Tenant vacates the premises, whichever is the later;
6. if the Lessor remedies the breach during the period of the notice of intention to vacate, the Tenant, at the Tenant's option, may withdraw the notice or may terminate the tenancy agreement on the date specified in the notice by vacating the premises on that date.
Termination for failure to pay rent
The tribunal may order the termination of the tenancy and eviction of the Tenant on the ground of nonpayment of rent in the following circumstances:
1. rent has been unpaid for one week. The first day of this period concludes at midnight on the day on which the unpaid rent was due;
2. the Lessor has served a notice to remedy on the Tenant for the failure to pay the rent, being a notice—
  1. served not earlier thanone week after the day on which the rent was due; and
  2. containing a statement that if the Tenant pays the rent outstanding to the date of payment within seven days of the date of service of the notice to remedy, no further action will be taken and the tenancy will continue;
3. if all rent is not paid within one week of the date of service of the notice to remedy—the Lessor may then serve a notice to vacate on the Tenant requiring the Tenant to vacate the premises within two weeks of service of the notice to vacate;
4. no earlier than the date on which the notice to vacate is served, the Lessor may apply to the tribunal for an order terminating the tenancy and evicting the Tenant;
5. the tribunal hearing of the application to terminate and evict shall not be earlier than the expiration of the period specified in the notice to vacate;
6. during any tenancy in which the Lessor has previously issued two notices to remedy, the Lessor may serve a notice to vacate one week after the day on which the rent has fallen due without serving a notice to remedy.
Termination of tenancy for breach other than nonpayment of rent
The tribunal may order the termination of the tenancy and eviction of the Tenant on the ground of breach of the tenancy agreement in the following circumstances:
1. the Lessor must serve a notice in writing requiring the Tenant within two weeks after the day of service to remedy the breach if it is capable of remedy;
2. if the breach is not remedied within two weeks after the day of service or if the breach is not capable of remedy—the Lessor shall give a notice to vacate the premises within two weeks after the date of service of the notice to vacate;
3. if the Tenant does not vacate the premises within the period of two weeks after the date of service of a notice to vacate—the Lessor may apply to the tribunal for an order terminating the tenancy and for the eviction of the Tenant;
4. if the Tenant breaches the terms of the tenancy on three occasions on any ground—on the third occasion the Lessor may serve a notice to vacate and need not give the Tenant two weeks to remedy the breach.
Termination of tenancy without cause
The Lessor may serve a notice to vacate during the term of a tenancy requiring the Tenant to vacate the premises at the expiration of the notice provided that—
1. the notice is for 26 weeks; and
2. the notice does not require the Tenant to vacate the premises during a fixed term.
(1) Where a Tenant is required to vacate the premises in accordance with clause 94, the Tenant may vacate the premises at any time during the two weeks prior to the date specified in the notice to vacate provided the Tenant gives the Lessor four days' notice of intention to vacate.

(2) In this case, the tenancy terminates on the date that the Tenant vacates the premises.
Termination of periodic tenancy
(1) If there is a periodic tenancy, the Lessor may serve on the Tenant a notice to vacate for the following periods on the following grounds:
1. notice of four weeks if the Lessor genuinely intends to live in the premises;
2. notice of four weeks if the Lessor genuinely believes the Lessor's immediate relative intends to live in the premises;
3. notice of four weeks if the Lessor genuinely believes an interested person intends to live in the premises;
4. notice of eight weeks if the Lessor genuinely intends to sell the premises;
5. notice of twelve weeks if the Lessor genuinely intends to reconstruct, renovate or make major repairs to the premises which activities cannot reasonably be carried out with the Tenant living in the premises.
(2) In this clause:
1. immediate relative means a son, daughter, son-in-law, daughter-in-law, mother, father, mother-in-law, father-in-law, brother, sister, brother-in-law or sister-in-law.
2. interested person for a Lessor, means a person who is not an immediate relative of the Lessor but who has a close family or personal relationship with the Lessor and who has a reasonable expecatation arising from that relationship that the Lessor would provide accommodation for that person.
(1) Where a Tenant is required to vacate the premises in accordance with clause 96, the Tenant may vacate the premises at any time during the two weeks prior to the date specified in the notice to vacate provided the Tenant gives the Lessor four days' notice of intention to vacate.

(2) In this case, the tenancy terminates on the date that the Tenant vacates the premises.
Notices of address for service
(1) At the commencement of the tenancy, the Lessor and the Tenant will each give an address for service of notices.

(2) If such address changes during the tenancy, the Lessor or Tenant will advise the other party of the new address for service within two weeks of the change.
On vacating the premises, the Tenant will advise the Lessor of a forwarding address.
Where two or more people share a tenancy, except where this agreement otherwise provides, they do so as joint Tenants.