Residential Rental Agreement - 21 Kess Grove,, Lyndhurst - Manpreet Brar & Jasdeep Mehal

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Residential Rental Agreement


no more than 5 years
Residential Tenancies Act 1997 (Section 26(1))
Residential Tenancies Regulations 2021 (Regulation 10(1))

• This is your residential rental agreement. It is a binding contract under the Residential Tenancies Act 1997 (the Act).
• Parts A, B, C and E are the terms of your agreement. Part D is a summary of your rights and obligations.
• Do not sign this agreement if there is anything in it that you do not understand.
• Please refer to Renters Guide for details about your rights and responsibility.
• For further information, visit the renting section of the Consumer Affairs Victoria (CAV) website at
www.consumer.vic.gov.au/renting or call 1300 558 181.

PART A – BASIC TERMS

This agreement is between the residential rental provider (rental provider) and the renter(s) listed on this form.

1. Date of agreement
This is the date the agreement is signed: 09 / 06 / 2022

If the agreement is signed by the parties on different days, the date of the agreement is the date the last person signs the
agreement.

2. Premises let by the rental provider


Address of premises

Street: 21 Kess Grove,


Suburb: Lyndhurst State: VIC Postcode: 3975

3. Rental provider's details


Full name or Company name: Bimal Mudalige
ABN/ACN (if applicable):
(Please fill out details below where no agent is acting for the rental provider)
Address: Address not supplied
State: Postcode:
Phone number: * * * * * * * * * Email:

Full name or Company name:


ABN/ACN (if applicable):
(Please fill out details below where no agent is acting for the rental provider)
Address:
State: Postcode:
Phone number: * * * * * * * * * Email:

Rental provider's agent's details


Full name: South East Real Estate VIC Pty Ltd
Trading name: hockingstuart Dandenong
Address: Shop 14 30-32 Langhorne Street
Dandenong State: VIC Postcode: 3175
Phone number: 03 9213 3000 ABN/ACN (if applicable): 18119910637
Email address: [email protected]
Note: The rental provider must notify the renter within 7 days if any of this information changes.

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4. Renter details
Each renter that is a party to the agreement must provide their details here.
Full name of renter 1: Manpreet Brar
Current address: 21 Kess Grove,
Lyndhurst State: VIC Postcode: 3975
Phone number: ********* ABN/ACN: Email: [email protected]

Full name of renter 2: Jasdeep Mehal


Current address: 21 Kess Grove,
Lyndhurst State: VIC Postcode: 3975
Phone number: ********* Email: [email protected]

Full name of renter 3:


Current address:
State: Postcode:
Phone number: ********* Email:

Full name of renter 4:


Current address:
State: Postcode:
Phone number: ********* Email:
Note: If there are more than four renters, include details on an extra page.

5. Length of the agreement


Fixed term agreement 12 months

Start date: 08 / 07 / 2022


(this is the date the agreement starts and you may move in)
End date: 07 / 07 / 2023

Periodic agreement (monthly) Start date:


Note: A periodic (e.g. month by month) rental agreement will be formed at the end of the fixed term agreement if
the renter and rental provider do not sign a new fixed term agreement and the renter stays in the property.

6. Rent
Rent amount ($) (payable in advance) $2,173.00 monthly

To be paid per week fortnight calendar month


Day rent is to be paid 7th of each month
(e.g. each Thursday or the 11th of each month)
Date first rent payment due: 09 / 06 / 2022

7. Bond
• The renter has been asked to pay the bond specified below.
• The maximum bond is 1 months’ rent (unless the rent is more than $900 per week). In some cases, the rental
provider may ask the Victorian Civil and Administrative Tribunal (VCAT) to increase this limit.
• The rental provider or their agent must lodge the bond with the Residential Tenancies Bond Authority (RTBA)
within 10 business days after receiving payment. The RTBA will send the renter a receipt for the bond.
• If the renter does not receive a receipt within 15 business days of paying the bond, they can email the RTBA at
[email protected], or call the RTBA at 1300 13 71 64.

Bond amount ($): $2,173.00

Date bond payment due: 09/06/2022

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PART B – STANDARD TERMS

8. Rental provider's preferred methods of rent payment


• The rental provider must permit a fee-free method (other than the renter's own bank fees) payment and must
allow the renter to use Centrepay or another form of electronic funds transfer.
• The renter is entitled to receive a receipt from the rental provider confirming payment of rent.
(Rental provider to tick available methods of rent payment)

direct deposit bank deposit cash cheque or money order

other electronic form of payment, including Centrepay


Payment details:

BSB no. 183 334 Account no. 3055 38530


Account name South East Real Estate VIC Rental Trust Account
Payment reference 0047325386

9. Service of notices and other documents by electronic methods


• Electronic service of documents must be in accordance with the requirements of the Electronic Transactions
(Victoria) Act 2000.
• Just because someone responds to an email or other electronic communications does not mean they have
consented to the service of notices and other documents by electronic methods.
• The renter and rental provider must notify the other party in writing if they no longer wish to receive notices or
other documents by electronic methods.
• The renter and rental provider must immediately notify the other party in writing if their contact details change.

9.1 Does the rental provider agree to the service of notices and other documents by electronic methods, such as email?
The rental provider must complete this section before giving the agreement to the renter.
(Rental provider to tick as appropriate)
Rental provider 1: yes no

Rental provider 2: yes no

9.2 Does the renter agree to the service of notices and other documents by electronic methods such as email?
(Renter to tick as appropriate)
Renter 1: yes no

Renter 2: yes no

Renter 3: yes no

Renter 4: yes no
(The option to consent should be provided to each renter who is party to the agreement)

10. Urgent repairs


• The rental provider must ensure that the rental property is provided and maintained in good repair.
• If there is a need for an urgent repair, the renter should notify the rental provider in writing.
• For further information on seeking repairs see Part D below.

Details of person the renter should contact for an urgent repair (rental provider to insert details).
Emergency contact name Jack Miltos

Emergency contact phone number 0413 125 117


Emergency contact email address [email protected]

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11. Professional cleaning


The rental provider must not require the renter to arrange professional cleaning or cleaning to a professional standard
at the end of the tenancy, unless:
• professional cleaning or cleaning to a professional standard was carried out to the rented premises immediately
before the start of the tenancy and the renter was advised that professional cleaning or cleaning to a professional
standard had been carried out to those premises immediately before the start of the tenancy; or
• professional cleaning or cleaning to a professional standard is required to restore the rented premises to the
same condition they were in immediately before the start of the tenancy, having regard to the condition report and
taking into account fair wear and tear.
The renter must have all or part of the rented premises professionally cleaned, or pay the cost of having all or part of
the rented premises professional cleaned, if professional cleaning becomes required to restore the premises to the
condition they were in immediately before the start of the tenancy, having regard to the condition report and taking
into account fair wear and tear.

12. Owners corporation (formerly body corporate)


Do owners corporation rules apply to the premises? (Rental provider to tick as appropriate)
no yes
If yes, the rental provider must attach a copy of the rules to this agreement.

13. Condition report


The renter must be given two copies of the condition report (or one emailed copy) on or before the date the renter
moves into the rented premises.
(Rental provider to tick as appropriate)
The condition report has been provided.
The condition report will be provided to the renter on or before the date the agreement starts.

PART C – SAFETY-RELATED ACTIVITIES

14. Electrical safety checks


• The rental provider must ensure an electrical safety check is conducted every two years by a licensed or
registered electrician of all electrical installations, appliances and fittings provided by a rental provider in the
rented premises, and must provide the renter with the date of the most recent safety check, in writing, on request
of the renter.
• If an electrical safety check of the rented premises has not been conducted within the last two years at the time
the renter occupies the premises, the rental provider must arrange an electrical safety check as soon as
practicable.

15. Gas safety activities


This safety-related activity only applies if the rented premises contains any appliances, fixtures or fittings which use or
supply gas.
(a) The rental provider must ensure a gas safety check is conducted every two years by a licensed or registered
gasfitter of all gas installations and fittings in the rented premises and must provide the renter with the date of the
most recent safety check, in writing, on request of the renter.
(b) If a gas safety check has not been conducted within the last two years at the time the renter occupies the
premises, the rental provider must arrange a gas safety check as soon as practicable.

16. Smoke alarm safety activities


(a) The rental provider must ensure that:
(i) any smoke alarm is correctly installed and in working condition; and
(ii) any smoke alarm is tested according to the manufacturer's instructions at least once every 12 months; and
(iiii) the batteries in each smoke alarm are replaced as required.
(b) The rental provider must immediately arrange for a smoke alarm to be repaired or replaced as an urgent repair if
they are notified by the renter that it is not in working order.
Note: Repair or replacement of a hard-wired smoke alarm must be undertaken by a suitably qualified person.

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(c) The rental provider, on or before the commencement of the agreement, must provide the renter with the following
information in writing:
(i) Information about how each smoke alarm in the rented premises operates;
(ii) Information about how to test each smoke alarm in the rented premises;
(iiii) Information on the renter's obligations to not tamper with any smoke alarms and to report if a smoke
alarm in the rented premises is not in working order.
(d) The renter must give written notice to the rental provider as soon as practicable after becoming aware that a
smoke alarm in the rented premises is not in working order.
Note: Regulations made under the Building Act 1993 require smoke alarms to be installed in all residential buildings.

17. Swimming pool barrier safety activities


These safety-related activities only apply if the rented premises contains a swimming pool.
(a) The rental provider must ensure that the swimming pool barrier is maintained in good repair.
(b) The renter must give written notice to the rental provider as soon as practicable after becoming aware that the
swimming pool barrier is not in working order.
(c) The rental provider must arrange for a swimming pool barrier to be immediately repaired or replaced as an urgent
repair if they are notified by the renter that it is not in working order.
(d) The rental provider must provide the renter with a copy of the most recent certificate of swimming pool barrier
compliance issued under the Building Act 1993 on the request of the renter.

18. Relocatable swimming pool safety activities


These safety-related activities only apply if a relocatable swimming pool is erected, or is intended to be erected, at
the rented premises.
(a) The renter must not erect a relocatable swimming pool without giving written notice to the rental provider before
erecting the pool.
(b) The renter must obtain any necessary approvals before erecting a relocatable swimming pool.
Note: Regulations made under Building Act 1993 apply to any person erecting a relocatable swimming pool.
This safety-related activity only applies to swimming pools or spas that hold water deeper than 300 mm.

19. Bushfire prone area activities


This safety-related activity only applies if the rented premises is in a bushfire prone area and is required to have a
water tank for bushfire safety.
(a) If the rented premises is in a designated bushfire prone area under section 192A of the Building Act 1993 and a
water tank is required for firefighting purposes, the rental provider must ensure the water tank and any connected
infrastructure is maintained in good repair as required.
(b) The water tank must be full and clean at the commencement of the agreement.

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PART D – RIGHTS AND OBLIGATIONS

This is a summary of selected rights and obligations of renters and rental providers under the Residential Tenancies Act
1997 (the Act). Any reference to VCAT refers to the Victorian Civil and Administrative Tribunal.
For more information, visit www.consumer.vic.gov.au/renting.

Use of the premises Locks


The renter: • The rental provider must ensure the premises:
• is entitled to quiet enjoyment of the premises. The - has locks to secure all windows capable of having a
rental provider may only enter the premises in lock; and
accordance with the Act.
- has deadlocks (a deadlock is a deadlatch with at
• must not use the premises for illegal purposes. least one cylinder) for external doors that are able
to be secured with a functioning deadlock; and
• must not cause a nuisance or interfere with the
reasonable peace, comfort or privacy of neighbours. - meets the rental minimum standards for locks and
window locks.
• must avoid damaging the premises and common
areas. Common areas include hallways, driveways, • External doors which are not able to be secured with a
gardens and stairwells. Where damage occurs, the functioning deadlock must at least be fitted with a
renter must notify the rental provider in writing. locking device that:
• must keep the premises reasonably clean. - is operated by a key from the outside; and
Condition of the premises - may be unlocked from the inside with or without a
key.
The rental provider:
• The renter must obtain consent from the rental
• must ensure that the premises comply with the rental provider to change a lock in the master key system.
minimum standards, and is vacant and reasonably
clean when the renter moves in. • The rental provider must not unreasonably refuse
consent for a renter seeking to change a lock in the
• must maintain the premises in good repair and in a fit master key system.
condition for occupation.
• agrees to do all the safety-related maintenance and • The rental provider must not give a key to a person
excluded from the premises under a:
repair activities set out in Part C of the Agreement.
- a family violence intervention order; or
The renter:
- a family violence safety notice; or
• must follow all safety-related activities set out in Part C
of the agreement and not remove, deactivate or - a recognised non-local DVO; or
otherwise interfere with the operation of prescribed
- a personal safety intervention order.
safety devices on the premises.
Repairs
Modifications
The renter:
• Only a suitably qualified person may do repairs – both
urgent and non-urgent.
• may make some modifications without seeking the Urgent Repairs
rental provider's consent. These modifications are
listed on the Consumer Affairs Victoria website. Section 3(1) of the Act defines urgent repairs. Refer to
the Consumer Affairs Victoria website for the full list of
• must seek the rental provider's consent before urgent repairs and for more information, visit
installing any other fixtures or additions.
consumer.vic.gov.au/urgentrepairs.
• may apply to VCAT if they believe that the rental Urgent repairs include failure or breakdown of any
provider has unreasonably refused consent for a
essential service or appliance provided for hot water,
modification mentioned in the Act.
cooking, heating or laundering supplied by the rental
• at the end of the agreement, must restore the premises provider.
to the condition it was in before they moved in
The rental provider must carry out urgent repairs after
(excluding fair wear and tear). This includes removing
being notified.
all modifications, unless the parties agree they do not
need to be removed. A renter may arrange for urgent repairs to be done if the
renter has taken reasonable steps to arrange for the
The rental provider:
rental provider to immediately do the repairs and the
• must not unreasonably refuse consent for certain rental provider has not carried out the repairs.
modifications.
If the renter has arranged for urgent repairs, the renter
A list of the modifications that the rental provider cannot may be reimbursed directly by the rental provider for the
unreasonably refuse consent for is available on the reasonable cost of repairs up to $2500.
Consumer Affairs Victoria website
consumer.vic.gov.au/renting.

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The renter may apply to VCAT for an order requiring the Access and entry
rental provider to carry out urgent repairs if:
• The rental provider may enter the premises:
• the renter cannot meet the cost of the repairs; or - at any time, if the renter has agreed within the last
• the cost of repairs is more than $2500; or 7 days.
• the rental provider refuses to pay the cost of repairs if - to do an inspection, but not more than once every 6
it is carried out by the renter. months.
Non-urgent repairs - to comply with the rental provider's duties under the
Act.
• The renter must notify the rental provider, in writing, as
soon as practicable of: - to show the premises or conduct an open
inspection to sell, rent or value the premises.
- damage to the premises.
- to take images or video for advertising a property
- a breakdown of facilities, fixtures, furniture or
that is for sale or rent.
equipment supplied by the rental provider.
- if they believe the renter has failed to follow their
• The rental provider must carry out non-urgent repairs duties under the Act.
in a reasonable time.
- to do a pre-termination inspection where the renter
• The renter may apply to VCAT for an order requiring has applied to have the agreement terminated
the rental provider to do the repairs if the rental
because of family violence or personal violence.
provider has not carried out the repairs within 14 days
of receiving notice of the need for repair. • The renter must allow entry to the premises where the
rental provider has followed proper procedure.
Assignment or sub-letting
The renter:
• The renter is entitled to a set amount of compensation
for each sales inspection.
• must not assign (transfer to another person) or sub-let Pets
the whole or any part of the premises without the
written consent of the rental provider. • The renter must seek consent from the rental provider
before keeping a pet on the premises.
The rental provider may give the renter notice to vacate if
the renter assigns or sub-lets the premises without • The rental provider must not unreasonably refuse a
consent. request to keep a pet.
The rental provider:
• cannot unreasonably withhold consent to assign or
sub-let the premises; and
• must not demand or receive a fee or payment for
consent, other than any reasonable expenses incurred
by the assignment.
Rent
• The rental provider must give the renter at least 60
days' written notice of a proposed rent increase.
• The rent cannot be increased more than once every 12
months.
• If the rental provider or agent does not provide a
receipt for rent, the renter may request a receipt.
• The rental provider must not increase the rent under a
fixed term agreement unless the agreement provides
for an increase.

PART E - ADDITIONAL TERMS

21. Further Details (if any)


List any additional terms to this agreement. The terms listed must not exclude, restrict or modify any of the rights and
duties included in the Act.
Additional terms must also comply with the Australian Consumer Law (Victoria). For example, they cannot be unfair
terms, which will have no effect. Contact Consumer Affairs Victoria on 1300 55 81 81 for further information or visit
unfair contract terms at the Consumer Affairs Victoria website.
Note: If you need extra space, attach a separate sheet. Both the rental provider and renter should sign and date all
attachments.

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Additional General Terms

21.1 Residential Tenancies Act 1997


(a) All provisions of this agreement are subject to the Residential Tenancies Act 1997 (Victoria) ('Act').
(b) If there is any inconsistency between a provision of this agreement and the Act, unless the Act permits
otherwise, the Act will prevail.
21.2 Renter's obligations
The renter must not:
(a) use the premises for any other use than its place of residence;
(b) permit, cause or use the premises for any illegal or unauthorised purpose;
(c) damage the premises or permit or allow any of its invitees to damage the premises;
(d) make any modifications or alterations to the premises without the rental provider's written consent unless
the modification or alterations are prescribed under the act. The rental provider must comply with the Act in
granting or refusing its consent.
(e) use any of the rental provider's fixtures or fittings for any other use than the intended use;
(f) cause or permit any interference, nuisance or an invasion of peace or privacy to any neighbouring
premises;
(g) park any vehicles, motorcycles, bicycles or scooters inside the premises and only park such vehicles in an
area agreed to by the rental provider;
(h) use any machinery or equipment owned by the rental provider and left on the premises other than in
accordance with the rental provider's or manufacturer's instructions;
(i) permit any other person than the persons agreed by the rental provider to remain on the premises for more
than 14 days;
(j) smoke or permit any invitee to smoke within the premises;
(k) without the consent of the rental provider:
(i) affix any satellite dishes, television cables or antennas to the premises;
(ii) install any air-conditioning units on the premises; or
(iii) alter, replace or remove any locks and security devices to the premises other than on the letterbox,
and the rental provider must comply with the Act in granting or refusing its consent and it may provide as a
condition of consent and that the renter returns the premises to its original condition at the end of the
tenancy or that any modification be completed by a suitably qualified person or that the renter pay an
additional amount of bond.
21.3 Maintenance and repairs
(a) The renter must:
(i) keep the premises in good condition and repair (subject to reasonable wear and tear);
(ii) replace at its cost all blown or damaged light bulbs and fluorescence tubes throughout the tenancy
and ensure that all lighting is in a working condition at the end of the tenancy;
(iii) make good any damage to the premises caused by the renter or its invitees;
(iv) keep the premises clear of any rubbish;
(v) dispose of rubbish in accordance with council rules/guidelines and use the appropriate bins
provided by or recommended by council;
(vi) regularly maintain the gardens (including but not limited to mowing lawns, removing weeds and
watering plants, shrubs, trees and flowers) to the same standard as at the commencement of this
agreement; and
(vii) keep all drains cleared of any blockages and not do anything which may damage any plumbing or
block any drains.
21.4 Owners Corporation
(a) If the Owners Corporation Act 2006 (Victoria) applies to this agreement the rental provider must give the
renter a copy of the rules of the owners corporation at the commencement of the tenancy.
(b) The renter must comply with the rules of the owners corporation at all times during the tenancy.

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Additional General Terms

21.5 End of occupancy


At the expiration or earlier determination of this agreement, the renter must:
(a) deliver vacant possession of the premises to the rental provider;
(b) deliver to the rental provider or its agent all keys and security devices;
(c) leave the premises in the same conditions (fair wear and tear excepted) as set out in the condition report;
and
(d) remove all of the renter's premises and belongings (including fixtures and modifications where required)
from the premises and rectify any damage (at the renter's cost) caused by such removal.
21.6 Insurance
(a) In relation to insurance policies taken out by the rental provider in respect of the Premises, the renter must
not do any act or omission which would make an insurance policy invalid.
(b) The renter acknowledges that it will be responsible to insure its contents (at its own cost).
21.7 Release
(a) The renter releases the rental provider from any claims, losses, liabilities and/or expenses ('Loss') the
renter suffers in connection with the premises or arising out of this agreement, unless such Loss is caused
by the rental provider or its agent or someone acting on their behalf.
(b) The release provided by the renter survives the expiration or termination of this agreement.
21.8 Privacy
(a) As part of the rental provider leasing the premises to the renter, the renter will be required to give the rental
provider or its agent Personal Information (as defined in the Privacy Act 1998 (Cth)).
(b) Subject to the Privacy Act 1998 (Cth), the renter consents to providing such information and permits the
rental provider and/or its agent to disclose the information to third parties.
(c) If the rental provider or its agent is required to maintain a privacy policy in accordance with the Privacy Act
1998 (Cth), upon request from the renter, the rental provider or its agent must provide the renter with a
copy of its privacy policy.
21.9 Counterparts and Execution
(a) This agreement may be executed in any number of counterparts. All counterparts together will be taken to
constitute one instrument of the relevant document.
(b) A copy of an original executed counterpart sent by facsimile machine, email or link emailed:
(i) must be treated as an original counterpart;
(ii) is sufficient evidence of the execution of the original; and
(iii) may be produced in evidence for all purposes in place of the original.
(c) Each party consents to this agreement being signed by any other party in accordance with an electronic
communication method and being given or produced by electronic communication, including by link
emailed to a party to download an electronic copy.
(d) Without limiting clause 39(c), the parties acknowledge and agree that electronic signatures will constitute a
signature and have the same quality of integrity as a written signature including if the signature is:
(i) computer generated;
(ii) by computer pen;
(iii) by a typed mark or name; or
(iv) physically signed on paper and scanned electronically.
(e) The parties to this agreement agree that, despite any other clause of this agreement and despite custom,
practice or code otherwise followed in respect of similar documents to this agreement, if executed
electronically this agreement:
(i) is made on its execution by all parties to it (including electronic signature);
(ii) need not be executed and exchanged in counterparts; and
(iii) constitutes an original document in an electronic format.

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Additional General Terms

21.10 Additional Terms

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22. Signatures
This agreement is made under the Residential Tenancies Act 1997.
Before signing you must read Part D–Rights and Obligations in this form which outlines your rights and obligations.

Rental provider
Signature of rental provider 1 Signature of rental provider 2

Dated 14/6/2022 Dated

Renter
All renters listed must sign this residential rental agreement.
Signature of renter 1 Signature of renter 2

Dated 10/6/2022 Dated 10/6/2022

Signature of renter 3 Signature of renter 4

Dated Dated

Note: Each renter who is a party to the agreement must sign and date here. If there are more than 4 renters, include
details on an extra page.

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