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| Special Condition in a lease agreement 8 replies 6 voices |
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Daniel Wong
on Nov 28, 2011 7:18pm
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Dear All, I just started my practise not long ago and would like to know more about special conditions in a lease agreement. We are not suppose to insert anything in the special condition but I have been reading other company’s special conditions and they are putting a lot of conditions there. Could anyone please advise what should be included in the special conditions and provide me a copy if it is possible. Thanks!! Daniel |
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Rachel Burke
on Dec 2, 2011 3:22pm
Melbourne Victoria |
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hi Daniel, not sure which state you are in, but I know in Victoria we are allowed to include any additional clauses as long as they are not unconscionable (ie. unfair and impossible to keep) and don’t contradict the RTA. We include things like steam cleaning carpets, no pets unless authorised, payment options, returning keys on day of vacating, tenant transfer and break lease fees, not ironing on carpets etc etc etc. We have about 60 additional clauses, all very carefully worded and signed off on. |
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Franc Vaccher
on Dec 4, 2011 9:49pm
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Geez Rachel, it sounds like quite a list. I have occasionally added a few clauses but definitely not 60 odd (hopefully you don’t add all of them to every lease). Wouldn’t mind seeing them though. |
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Daniel Wong
on Dec 4, 2011 11:26pm
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I am acutally in QLD. Just according to the REIQ bes practise we shouldn’t put the special condition in the lease agreement. That’s why I just wonder how poeple do it in QLD. |
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Rachel Burke
on Dec 5, 2011 8:04am
Melbourne Victoria |
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It may be different in QLD, but I’ve found we really need these extra clauses as the basic agreement doesn’t provide for much in terms of protecting the landlord and property. We recently had to go to VCAT (long story short) and it came down to an additional lease clause we had added that the member found fair and reasonable as it was yet another grey area in the RTA. I always think you can never be too careful and it’s better to spend an extra 2 minutes signing pages at the start of the tenancy, rather than hours arguing over responsibility once the tenancy has commenced! |
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Stacey Holt
on Dec 5, 2011 4:02pm
DIRECTOR Real Estate Excellence Academy Brisbane QLD |
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Hi Daniel, in QLD, we have the Legal Profession Act which prohibits PAMD Licensee’s and their staff from writing, drafting or providing advice regarding special terms to a contract which includes tenancy agreements (as they are a legal contract. Only a lawyer OR a party to the agreement can write special terms for a contract. Kind regards Stacey Holt |
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Stacey Holt
on Dec 5, 2011 4:03pm
DIRECTOR Real Estate Excellence Academy Brisbane QLD |
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ps Daniel, if you are a Member of REIQ and or use Realworks, I would contact them. Same with ADL forms, if you are using them contact ADL as both providers provide ‘common’ special terms’. |
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Jo Mannix
on Dec 11, 2011 5:59pm
Property Manager G1 Mooloolaba Qld |
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In ADL forms, there is a Form 18a lease with special conditions. I have found that these, plus the terms & conditions in a regular lease seem to cover everything. (Except maybe ironing on the carpet!) |
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Sarah Dencio
on Dec 14, 2011 8:22am
Property Department Manager Munn Partners Real Estate Melbourne Victoria |
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What about stilletos on polished boards? (especially pine which we get in older houses around here that have been renovated) that is probably my favourite additional clause of all time :). |
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