Rolling Tenancy Agreement for Australia

Rolling Tenancy Agreement Template for Australia

An Australian residential tenancy agreement that establishes a periodic (rolling) tenancy between a landlord and tenant. This agreement complies with Australian residential tenancy laws and regulations, providing a framework for an ongoing tenancy that continues until either party gives notice to terminate. It covers essential aspects including rent payments, maintenance responsibilities, bond requirements, and termination procedures, while ensuring compliance with state-specific residential tenancy legislation and fair trading requirements.

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What is a Rolling Tenancy Agreement?

The Rolling Tenancy Agreement is designed for use in the Australian residential property market where an indefinite rental arrangement is desired. This type of agreement differs from fixed-term leases as it continues on a periodic basis (usually month-to-month) until either party provides notice of termination according to state legislation. The document incorporates mandatory provisions required by Australian residential tenancy laws, including rent and bond arrangements, maintenance obligations, privacy provisions, and termination procedures. It's particularly suitable for situations where flexibility is needed or where parties prefer not to commit to a fixed term. The agreement includes all necessary clauses to protect both landlord and tenant rights while ensuring compliance with relevant state/territory legislation.

What sections should be included in a Rolling Tenancy Agreement?

1. Parties: Identification of the landlord/agent and tenant(s), including full legal names and contact details

2. Background: Brief context about the agreement and property

3. Definitions: Key terms used throughout the agreement

4. Property Details: Specific details of the rental property, including address and included fixtures/fittings

5. Term and Occupancy: Details of the periodic tenancy arrangement, including start date and notice periods

6. Rent and Payment Terms: Rent amount, payment frequency, method of payment, and review mechanisms

7. Bond: Bond amount, payment requirements, and lodgment details

8. Utilities and Outgoings: Responsibility for utilities, council rates, and other charges

9. Maintenance and Repairs: Responsibilities for property maintenance, repair procedures, and emergency repairs

10. Tenant Obligations: Standard obligations including property care, reporting damage, and behavior requirements

11. Landlord Obligations: Standard obligations including property maintenance, insurance, and compliance with laws

12. Access and Inspection: Rules for landlord/agent access and property inspections

13. Insurance: Insurance requirements for both parties

14. Termination: Grounds and procedures for ending the tenancy, including notice periods

15. Dispute Resolution: Process for handling disputes between parties

16. General Provisions: Standard legal provisions including governing law and severability

17. Execution: Signing provisions and attestation

What sections are optional to include in a Rolling Tenancy Agreement?

1. Pets: Terms and conditions for keeping pets, used when pets are allowed

2. Swimming Pool/Spa: Specific obligations regarding pool maintenance and safety, included when property has these features

3. Garden/Grounds Maintenance: Detailed requirements for garden care, used for properties with significant outdoor areas

4. Strata By-Laws: Reference to and compliance with strata by-laws, used for strata properties

5. Sub-letting: Terms regarding sub-letting or having additional occupants, if permitted

6. Special Conditions: Any unique terms specific to this tenancy

7. Break Lease Provisions: Specific terms for early termination if agreed

8. Smoking: Specific provisions regarding smoking on the premises

What schedules should be included in a Rolling Tenancy Agreement?

1. Schedule 1 - Property Condition Report: Detailed report on property condition at start of tenancy

2. Schedule 2 - Property Inventory: List of included furnishings and their condition

3. Schedule 3 - Special Items: Details of any special features or items included in the tenancy

4. Schedule 4 - Required Repairs: List of agreed repairs to be completed by landlord

5. Appendix A - Prescribed Information: Standard information required by relevant residential tenancy legislation

6. Appendix B - By-Laws: Copy of applicable strata or community scheme by-laws

7. Appendix C - Key Receipt Form: Record of keys and security devices provided

8. Appendix D - Emergency Procedures: Emergency contact information and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant Industries

Residential Real Estate

Property Management

Real Estate Services

Housing

Property Investment

Rental Accommodation

Student Housing

Social Housing

Relevant Teams

Legal

Property Management

Residential Leasing

Operations

Compliance

Administration

Asset Management

Tenancy Services

Customer Service

Documentation

Relevant Roles

Property Manager

Real Estate Agent

Leasing Consultant

Tenancy Manager

Property Administrator

Legal Counsel

Compliance Officer

Housing Officer

Asset Manager

Facilities Manager

Letting Agent

Residential Leasing Manager

Property Portfolio Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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