A tenancy agreement (also known as a lease) is a legally binding, written agreement between a tenant and a property manager/owner.
An agreement must be used even if it is between family or friends.
A tenant without a written agreement still has legal protection.
A tenant should be given the tenancy agreement before paying any money or being committed to the tenancy.
Types of agreements
- General tenancy agreement (Form 18a): houses, townhouses, units and houseboats
- Moveable dwelling agreement (Form 18b): caravans, caravan sites and mobile homes
- Rooming accommodation agreement (Form R18): renting one or more rooms and sharing other rooms or facilities with others. Special terms may apply for residents with impaired capacity in rooming accommodation.
A tenancy agreement must include:
- name and address of tenant and property manager/owner
- start and end dates (or state if it is periodic)
- the rent and how it should be paid (e.g. direct deposit)
- standard terms (what the tenant and property manager/owner can and cannot do)
- any special terms (these should be agreed in advance, e.g. that dogs are allowed but must be kept outside)
Period of tenancy agreement
- fixed term – the tenant agrees to rent a property for a fixed amount of time (e.g. 12 months)
- periodic – when the tenant rents the property for an indefinite period
- short term (less than 42 days)
- long term (more than 42 days)