Special Conditions of Leases

The prescribed standard form lease is consistent with the Residential Tenancies Act and effective in protecting the rights and obligations of both landlords and tenants, however, the Act also allows for Special Conditions to be inserted into these leases. Real estate agents need to be careful when inserting special conditions as some terms are prohibited by the act. Some prohibited terms include clauses requiring tenants to take out their own contents insurance, terms imposing penalties for late rent, terms which mandate that a tenant is required to use a specific tradesperson.

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Preparing for the Tribunal

The majority of matters heard in the tenancy division in the NSW Civil and Administrative Tribunal are brought by landlords and the majority involve three major issues that can be seen to consistently arise. These are matters involving rent default, breaches of the agreement and bond matters. When appearing before the tribunal and to ensure that the matter can be dealt with expeditiously and your prospects of success are at its highest we have prepared a video on the considerations that the NCAT member will take into account when ruling on these matters and the best way to present your case and evidence as requirements and procedures will vary according to the type of matter to be heard.

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