A New Way to Real Estate
Welcome home Open the door and head inside. You’re at home with Upstate. Forget any previous experience you’ve had with other agencies – you’re now being looked after by the best. This is because, at Upstate, we understand that a home is part of your identity, your security and your lifestyle. Our goal is to make you really comfy! There’s nothing like moving into a new place that can you make your own, and we’re here to ensure your experience is as happy and stress-free as possible. This handbook has everything you need to know about your rental home, so please keep this on hand and refer to it whenever you need. And should you ever want to chat, feel free to call your Property Manager.
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What’s inside • Meet your team
• The quick details
• The info you should read
• If there’s a problem
• Managing mould
• Rent arrears
• Smoke alarms
• The safety switch
• Your property inspections
• The cleaning checklist
• Vacating a property
• NSW Fair Trading Fact Sheets
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Meet your team We’d like to introduce you to your superstar Upstate Property Management Team. We’ve got your back.
Simona Safar
John Hall
Sophie Grieve
Zoe Browne
Property Management Department Manager
Senior Business Development Manager
New Business Consultant
Leasing Consultant
0413 090 040
0403 346 089
0422 863 731
simona.s@upstate.com.au
john.h@upstate.com.au
sophie.g@upstate.com.au
Lamaii Black
Ally Edmond
Michael Brown
Tess Phillips
Leasing Consultant
Leasing Consultant
Senior Property Manager
Senior Property Manager
0435 106 181
02 9971 9000
0435 248 362
0435 118 739
lamaii.b@upstate.com.au
ally.e@upstate.com.au
michael.b@upstate.com.au
tess.p@upstate.com.au
Jamie Thyne
Danielle Bartolozzi
Tracey Chalhoub
Tess Lazareff
Senior Property Manager
Property Manager
Property Manager
Property Concierge
0435 026 595 zoe.b@upstate.com.au
02 9971 9000
0478 037 048
0435 255 360
0401 903 190
jamie.t@upstate.com.au
danielle.b@upstate.com.au
tracey.c@upstate.com.au
tess.l@upstate.com.au
Alexandra Owen
Sarah Miles
Admin and Accounts
Business Systems Operator
02 9971 9000
02 9971 9000
alexandra.o@upstate.com.au
bso@upstate.com.au
The quick details Chances are, this is most of the information you will need. So, we made it really easy and put it all in one spot.
AGENCY
Upstate
ADDRESS
Level 1, Suite 15, 888 Pittwater Road,
Dee Why NSW 2099
PHONE
02 9971 9000
FAX
02 9982 6446
hello@upstate.com.au
WEB upstate.com.au OFFICE HOURS Monday to Friday 8.30am – 5.30pm Saturday 8.30am – 4.00pm
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WAYS TO GET IN TOUCH EMAIL This is always the most effective and quickest contact method. Your Property Manager’s direct email address, which can be found under the team tab at upstate.com.au APPOINTMENT To see your Property Manager in person, please contact the office to make a time that suits you both. We’re out of the office a lot due to the nature of what we do; by making an appointment, we can make sure we are there for you. TELEPHONE Simply drop us a line! If we’re not there, leave a message and we’ll get back to you asap. EMERGENCY REPAIRS Emergencies can happen on occasion (hopefully very rarely!). However, if they do, please phone our office on 9971 9000 to report these situations immediately. If your call is after hours, leave a detailed message of the situation and refer to the emergency contact numbers listed below.
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EMERGENCY REPAIRS INCLUDE SUCH SITUATIONS AS:
• Burst water service • A gas leak • Blocked or broken toilet • Fault or damage likely to cause injury • Serious roof leak • Electrical shock or fault If any of the above occur after hours, please contact these service providers only. PLUMBERS Super Plumbers 0413 373 314 LOCKSMITHS Keyline Locksmiths 0411 302 041
Professional Locksmiths 0411 424 973
ELECTRICAL Multisparx Electrical 0438 207 870 Ausgrid 13 13 88 EMERGENCY Police / Ambulance / Fire 000
State Emergency Services 132 500
Info you should read All of this will no doubt come in handy, so have a read and let us know if you have any questions.
CONDITION REPORT
DIRECT DEBIT RENTAL PAYMENTS
First things first!
Direct debit is the preferred (and easiest)
We want to make sure everything in your new home is in good condition, so please complete, sign and return the report within 7 days of the tenancy agreement commencement date (required by law).
method of your regular rental payments – it just means that the money transfer just happens when it’s due. No fuss – more life. Please remember, it’s your responsibility
LEVEL OF CLEANLINESS
set-up direct debits and to ensure that this
Everyone wants a clean home, right?
is all working correctly, as we can’t make
We ensure that your property is first given
changes to this – only you can.
to you as clean and as tidy as possible.
Please make sure there are funds available
If anything is not up to standard, please
on the rental collection day and that you
note this on your condition report.
notify us if your details change.
You accept the property in its current
Or, if you like things a little more manual,
state and level of cleanliness as part of
you can pay via BPAY, quoting your unique
your lease and are expected to return the
reference number every collection day.
property to the same level of cleanliness upon your departure.
NO KEYS OR LOCKED OUT?
GENERAL REPAIRS AND MAINTENANCE
It happens sometimes – we get it.
A home will always need a little something
If it’s during office hours, visit us and if we
here and there, but please let us know first.
can provide you with a spare key, we will.
All general repairs and maintenance must
ID will be required. Please note that you
be forwarded to us in writing. Please
must return the keys within the hour.
provide as much information as possible as
Also note, for some properties we don’t hold spare keys. In this case, you’ll need to
well as authorisation to access your home for the repairs to be done.
contact a Locksmith at your expense - the
Please be careful, as any repairs that are
same applys for after hours lock-outs.
not an owner’s responsibility or are due to direct damage, loss or misuse will be passed onto you.
PROPERTY INSPECTIONS
INSURANCE
As part of our normal duty, we want to
As you know, things can just happen
check and make sure that everything is
unexpectedly.
going well for you and the home. Your property will be inspected by our team between 2 to 4 times per year. But don’t worry- you’ll be notified in writing 7 days prior.
This is why we advise ALL tenants to insure their own contents, as they are NOT covered under the Landlord’s policies. Renter’s insurance can cover your electronics, beds, possessions and
MOVING OUT
everything else that you own, just in case.
Awww, if you want to leave…
PARKING OF VEHICLES
Fourteen days’ written notice is required if you intend to vacate on the Tenancy Agreement expiry date or twenty-one (21) days’ notice if you are on a Periodic (ongoing) Agreement. BREAKING A TENANCY AGREEMENT
It goes without saying, but please ensure that all cars, motorbikes, trailers, campervans, caravans, boats and trucks are only parked in the designated parking areas. Do not park on the front lawn, in illegal
If you wish to vacate the property
spaces or within designated common
DURING your Tenancy, please contact
areas. Don’t forget, it’s your responsibility
your Property Manager immediately and
to repair any damage done when parking
make an appointment. We will advise
these vehicles, so use those reversing
you of your obligations and the costs
cameras! Oil stains on driveways also need
associated with this.
to be removed before vacating. To avoid this, we recommend using a drip tray.
POT PLANTS
If permission is granted, it is then the
As lovely as they are to give your home
responsibility of the Tenant to ensure
some greenery, it’s recommended that pot
that ALL quality standards and fencing
plants are raised off the carpet or outside
requirements are met in accordance with
areas to avoid water damage or staining.
relevant legislation. We recommend you contact the NSW Government and your
ELECTRONIC COMMUNICATION
local Council for further information.
We need to keep talking to each other!
Or… even better, just go to the local
Throughout your lease, we will need to
beaches. They’re much better!
be in contact. Please remember that you have agreed to receive any documentation relevant to the Tenancy by electronic
POOL SAFETY LAWS AND TENANT RESPONSIBILITIES
communication methods such as email,
If your property has an existing pool and/
fax or SMS.
or spa, safety first!
If your details change, please let us know
You are responsible for ensuring that the
so we’re not just talking to ourselves!
pool gate is not kept open and that there are no objects that would allow children
POOLS AND POOL FENCING We know it can get hot, but please don’t assume that you are able to install or erect a pool of any type at your property. If you wish to have a pool of any size or design, you must first ask your Landlord in writing for permission. Just get in contact with us and we can pass the request on.
to access the pool. Please report any problems to us so we can help you.
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If there’s a problem We work with you to avoid any problems, however sometimes they may occur. This section of the book is full of remedies, tips and tricks to help you.
PLUMBING LEAKS
FAULTY SWITCHES OR FANS
The most common problem in properties
If there’s an issue, please don’t continue
is water leaking from bathrooms, laundries
to use the switch and don’t attempt to
and kitchens, into adjoining rooms. If you
fix anything yourself. Just contact us!
notice any wet areas, such as carpets or
It’s much safer!
floors, sponge and dry the area thoroughly and check again soon. If it becomes wet
HOT PLATES
again and you can’t explain it, or you
Hot plates should be hot. If not, check if
notice unusual water damage, please
the power is connected or check the power
contact us.
box for a tripped switch or blown fuse. Contact us if it’s still not heating.
CLOTHES DRYER Clothes dryers are great, but always check
HOT WATER SYSTEMS
that you clean the lint filter before every
No one likes a cold shower (and you
use, that it isn’t overloaded, and the air
shouldn’t need to have one!).
temperature is hot when running.
If your supply of hot water is not hot or
If there’s still an issue, please let us know.
does not seem to last as long as it should and your routine hasn’t changed, your hot water system may need topping up.
Locate the filler valve on the side of the hot
INSINKERATOR
water system and lift the floppy lever until
They’re so handy! However, if your in-sink
water flows from the overflow. Repeat this
food disposal fails to work, you may need
process every few months. Otherwise, check
to push the reset button which is located
to see if the power is switched on.
under the unit and is usually coloured red.
Also, check if the power box has tripped
If this does not rectify the problem, please
the switch or blown a fuse. Remember in
complete a repair request form and send it
winter, the efficiency of the tank is less than
to us. Just use the old-fashioned newspaper
in summer and the water will cool quicker.
disposal method until it’s fixed.
If you have a Gas Instantaneous Hot Water System and have no hot water, please
Do not attempt to disassemble unit as this is dangerous and scary!
ensure the pilot light is lit. If not, follow the instructions on the unit itself.
Remember, you will be required to pay for callouts to repair food disposal units that
Please follow the above procedure before requesting maintenance. If this does not rectify the problem, complete a repair request form. Remember a leaking hot water tap will cause a poor supply of hot water and high electricity/gas accounts.
are blocked due to misuse or abuse.
LEAKING FROM TOILET
points. Reset the Safety Switch and plug in
No one wants this… but if it happens,
appliances one at a time until the faulty
contact us to get it fixed.
appliance is located.
Regular mopping and turning off the tap
If this does not fix the problem, please
between uses will do until the trades-
notify us.
person arrives. LIGHTS Are you left in the dark? Start by checking the power or fuse box. Ensure the power is on and the switch has not tripped. If they’re still not working, contact us so we can say “let there be light…again!” POWER Total blackout? It’s great for mood, but not convenient.
Remember, you will be required to pay for callouts where a faulty appliance belonging to you has caused the problem. If your neighbours have also lost power, contact your local Electricity Supplier. IF YOU HAVE A POOL Remember, regular pool maintenance is your responsibility. Make sure that you know to do the following: • The right water level is a priority and
So, check next-door or around the street.
must be kept at a level to allow water
Is it just you?
to flow through the skimmer boxes at all
If so, head to the fuse box and see if you have a Safety Switch - it may have tripped. If so, reset the switch. If it trips again, unplug all appliances from power
times. Failure to do this could result in enormous expenditure to you. • No metal objects are allowed in the pool as it could cause corrosion marks.
• No animals allowed in the pool as this
WASHING MACHINE
creates a huge chemical imbalance and
The most convenient machine! Everyone
leaves hair everywhere.
wants clean clothes, so to keep it running
• Conduct regular water testing for correct
well, always check that the power is
pH level to prevent mould or fungus
connected, the water taps are turned on,
forming in the pool.
the load of clothes is not off balance or too high, that the lid is connecting with on/
• Keep pool clear of debris such as leaves. • Check the pump regularly to ensure the motor is working correctly. If it’s making funny noises, is leaking or pooling water on top, it could mean a cracked casing
off switch when closing, and the hoses are securely attached. If you have leaks, check the hoses for splits. When all else fails, contact us and we’ll look into it.
and will need attention. WATER ERUPTION • Even if a pool is maintained for you, it is your responsibility to let us know of any problems.
Water bubbling out of the ground could be a serious problem and could lead to further complications. Contact us immediately, as this is an emergency matter.
Managing mould No one likes or wants mould. It’s awful and smelly and you don’t want it in your home. On the plus side, it’s easy to avoid, so read the below to learn more.
WHAT IS MOULD?
WHAT CAN I DO TO REDUCE MOULD?
Mould is an awful form of fungus and is
Here are some really simple tips to avoid
spread primarily by airborne spores that
the problem.
will develop and grow on almost any
• Mould growth is slowed by the circulation
surface, if the following conditions are
of dry air, so allow for proper ventilation
present:
such as opening doors and windows to
• An indoor humidity of 80% or higher • Moisture, usually from condensation. Mould can still develop in the absence of condensation, but its growth is accelerated by moisture. • A nutrient for it to feed off, such as certain ingredients in paints, household dust and cooking fumes • Dark areas with not much airflow
allow air to circulate particularly in the bathroom • Keep bathroom walls, showers, shower curtains, baths and basins as dry as possible • Clean your property regularly, wipe away moisture and keep surfaces dry • Allow sunlight into your home as much as possible, especially in the bathroom, laundry and kitchen
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• Wash and dry damp clothes • Dry and air damp shoes outside as soon as possible • To prevent the green fluffy mould on clothes and footwear, ensure that they are thoroughly dry before storage. Leave the wardrobe doors open where possible • Remove fruit and vegetables from plastic wrapping and refrigerate
• If water leaks or spills occur indoors, clean and dry the area immediately • Ensure the property does not have any water leaks that are visible and report any sign of a leak WHAT THE LAW SAYS The NSW Act does not make specific reference to mould, but it does detail
• Discard mouldy items
requirements about the standard
• Keep fresh food in sealed containers or
maintenance of a Property throughout the
cover with cling film • Evaporation trays in air conditioners, dehumidifiers and refrigerators should be cleaned frequently • Do not run evaporative air condition
Tenancy Agreement. FAST FACTS It’s your responsibility to notify us of any serious mould problem as soon as possible.
systems with water during times of
If the mould is a result of an issue in the
high humidity (over 65%). If the air is
premises, such as a roof leak, it is generally
feeling humid, run the evaporative air
the Landlord’s responsibility to clean the
conditioning system without water.
mould and make any repairs necessary to
Always ensure windows are open when
maintain the property.
running these systems. • Regularly clean carpets and rugs to prevent mould spores using a HighEfficiency Particulate Air (HEPA) filter vacuum cleaner. Most new vacuum cleaners include these now
If you caused the mould, you are responsible for its removal and may have to pay to repair any damage caused.
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Rent Arrears Falling behind on your rent? We understand that sometimes there are unforeseen circumstances that result in delayed rental payments (known as ‘rent arrears’). Although the situation may never apply to you as most tenants pay rent on time, it is important we advise you of the process involved. While we will really do try to accommodate any extraordinary situations resulting in late rental payments, there is always a strict arrears management procedure that we follow to ensure we are protecting your Landlord. If you happen to fall into arrears or know that you will be unable to make a rental payment, please contact the office and discuss the situation with your Property Manager.
RENT ARREARS MANAGEMENT
Tenants who have not repaid their
PROCEDURE
rent arrears by the expiry date on the
4 days and to 7 days in arrears A reminder phone call or SMS message or letter 7 days in arrears A letter is sent to the tenant to advise of the breach. The Landlord is also advised.
Termination Notice will be expected to have vacated the rental Property by that same date. If after vacating the premises, there is still owed in excess of the Bond, the Tenants may be blacklisted with an Order from the CTTT on a Tenancy Record Database (such
15 days in arrears
as the TRA – Trading Reference Australia,
A Non-Payment of Rent Termination Notice
TICA – Tenancy Information Centre of
is issued, with 14 days’ notice to vacate.
Australia and NTD – National Tenancy
This informs the tenant that they are not
Database).
required to vacate the residential premises
Tenants will have the opportunity to pay
if they pay all the rent owing, or fully
all monies owed as well as being consulted
complies with a Rent Repayment Plan
before their details are listed.
agreed with the Landlord.
LET’S NOT HAVE TO GO HERE…
Smoke Alarms You’ve heard the advert, right? Smoke Alarms save lives. Let’s ensure that it’s working correctly so it will do the same for you. SMOKE ALARM COMPLIANCE To comply with the compulsory NSW Fire Brigade Services Legislation, the following are your responsibility: (this is directly from the Act)
1. The Tenant/s will notify the Agent when a smoke alarm has failed or is about to fail, other than because the battery is flat or almost flat. 2. The Tenant/s will not remove, dispose of, or otherwise tamper with to cease its effectiveness, the smoke alarms installed at the Premises unless it is to clean or change the battery. 3. The Tenant/s will ensure that all exits from the Property are maintained as clearways, so they can be safely and effectively used for escape in the event of a fire. 4. The Tenant/s agree to arrange for the cleaning and testing of each smoke alarm in the dwelling during the Tenancy. 5. The Tenant/s agree to arrange for the replacement of each battery that is spent or nearly spent during the Tenancy. Upstate can supply a list of preferred Contractors who can carry out the work for you at your expense. If arranging your own Contractor, ensure they are qualified and hold current Public Liability Insurance cover. Please don’t hesitate to ask if you have any questions.
The Safety Switch WHAT IS A SAFETY SWITCH? They’re life savers, too! Safety switches are installed in most houses as an insurance against electric shock and are designed to prevent injury or death. They monitor the flow of electricity through a circuit and will automatically shut off the electricity supply when leaking current is detected from faulty switches, wiring or electrical appliances. This stops the chance of current spreading through a person, electrocuting them.
ARE SAFETY SWITCHES FAILSAFE? Nothing is failsafe, unfortunately. But it’s definitely there to protect you and your family. Safety switches should be regularly checked. Just like a smoke alarm or other safety device, if it is not working properly, it cannot protect you! It is also important to make sure electrical appliances, electrical wiring, extension leads and other electrical equipment are regularly checked and kept in good working order. As we always say at Upstate – safety first!
HOW DO I KNOW IF A SAFETY SWITCH IS INSTALLED? Check by looking at the switchboard for a TEST/RESET button. That tells you if there is a safety switch installed. When you open the switchboard you should see something like this. You will also see the main switch, safety switch with test button, and four circuit breakers. All homes have circuit breakers or fuses which are designed to protect the wiring and appliances within the premises. Only safety switches are designed to protect people!
TESTING A SAFETY SWITCH As part of your Tenancy, you agree to test the Safety Switch (if installed) every 3 months. To test a safety switch, simply press the TEST button – simple. This should automatically trip the switch to the ‘off’ position. Reset by pushing the switch back to ‘on’. If it doesn’t work, contact your Property Manager immediately. WHY DID IT ‘TRIP’? If your home suddenly loses all power to everything, chances are that the Safety Switch ‘tripped’. If a safety switch turns off the power, it may be that a resident could be using a faulty appliance or the electrical wiring may have become faulty. Start by resetting the safety switch. If it trips again, unplug the last appliance used. If everything works okay, take that appliance to a licensed electrical contractor to be checked. If the safety switch keeps tripping, disconnect all appliances and plug them in, one at a time, until the faulty one is located. You should avoid touching appliances while carrying out this process.
Your Property Inspections During your tenancy, we will stop by a few times a year to see how your home is keeping. The information below is a guide to our regular inspection process which occurs as part of our responsibilities.
WHEN WE INSPECT
TENANT OBLIGATIONS
We will stop by around every 3 – 6 months
Any damage to the property is rectified.
but don’t worry - a day and approximate
Any pets are secure so that they cannot
time will be provided to you, giving you
run loose.
7 days’ notice. Due to time restraints allocated to these inspections, it’s difficult to rearrange times, however please contact our office to request a change of entry and we will see
WHAT WE INSPECT The inspection’s purpose is to visually inspect the areas applicable to the Property as listed below, and identify repairs and maintenance needed.
what we can do. A report is prepared and forwarded to Your presence at the inspection is welcome, but not necessary, as the staff member conducting the inspection will use our Agency key set.
the Landlord for instructions if repairs or maintenance work is required or recommended. When inspecting, we pay particular attention to the following:
INTERIOR
EXTERIOR
• Floor Coverings
• Garage / carport
• Walls
• Gardens & lawns maintained
• Doors and Locks
• Paintwork
including Front and Rear
• Guttering and downpipes
• Ceiling and Fans
• Balcony and decks
• Smoke Alarms
• Driveway, paths, courtyard
• Light Fittings
• Clothes Line
• Power Points
• Pool and/or spa, if applicable
• Built in cupboards – shelving and rails
• Fencing
• Curtains, blinds
• Safety Switch
• White-goods
• External Light Fittings
• Fixtures such as the oven or hotplates • Hot water system • Furniture if included • All wet areas – taps, pipes below sink and basins • Bathrooms are thoroughly cleaned
Upstate’s OurProperty WE’VE GONE DIGITAL! Our team at Upstate are excited to introduce you to our property management system called OurProperty. It basically makes everything really digital and easy for you. OurProperty provides you with a website portal and a dedicated Smartphone app, called OurTenant, where you can submit maintenance requests, view your ledgers, monitor invoices, receive lease renewals, view your Entry Condition report, view Entry Notices and more. No more paper or trying to find emails. Simple.
The OurTenant app makes reporting maintenance issues easy and
You will receive email and SMS notifications of job progress. You can add images and videos to your maintenance report and when the job is finished, you can rate the quality of the work. The app will also send you push notifications, so you are always kept informed when you are sent a lease renewal, a tenant invoice, an entry notice and more. Download the OurTenant app today! https://tenant.ourtradie.com.au for the website portal. We will email you username and password details. OurProperty also provides support should you need help. Click the chat icon to submit your enquiries or call 1300 687 872.
Cleaning checklist Checklists are good! Cleaning is good! So this page is literally a win-win. If you’re packing up and leaving the property, use this checklist as a guide to clean the home and maximise your Bond refund.
General
Bathroom
V acuum and clean all sliding doors and window tracks.
C lean all walls, floors, mirrors and windows and window tracks.
S weep and/or mop all non carpeted floors, removing any marks.
C lean inside and outside all cupboards and drawers.
C arpets are to be left in the same condition as marked on the original Residential Condition Report allowing for fair wear and tear. If required, carpets are to be cleaned.
C lean toilet, bath, shower recess, remove built up soap residue on tiles & shower screens, clean sink and all tap ware, towel rails.
C arpets to be professionally cleaned and fumigate for fleas – by registered Pest Company, if pets were kept at Property. Supply paid invoice copy which specifies service details. C lean light fittings – gently remove light fittings and clean. Clean marks off walls, ceilings and light switches. C lean skirting boards, windows including frames, sills and tracks, above cupboards, picture rails, architraves and both sides of all doors, all other fittings, and insect/security screens etc. C lean curtains and blinds. Refer to Agent for best method advice. C lean in wardrobes, shelves, drawers and mirrored doors. Remove scuff marks.
S hower curtain washed with bleach or replace if applicable. Laundry C lean behind, inside and around washing machine space. Clean equipment and filters if applicable. C lean inside, outside and behind dryer. Remove lint. C lean inside, outside and around laundry tub, cabinets, shelves, drawers, tap ware. Verandah, Decks & Outdoor Areas S weep and mop, clean railings, glass and light fittings. Remove all cobwebs etc.
Remove all cobwebs and insect marks and nests.
Garage, Carport, Driveway
Kitchen
S weep out and remove any oil residue from concrete, pavers, paths, driveways.
C lean inside and outside of all cupboards and doors. Clean inside, outside and around stove. C lean inside and outside of oven, griller, doors, trays, racks, glass.
E mpty Council bins and place bins out on footpath for next collection Close and lock garage door, if applicable. Gardens, Lawns & Pool
C lean inside, outside and behind refrigerator and dishwasher and microwave space.
M ow lawn, trim all edges, weed gardens, general garden tidy, remove all rubbish.
C lean sink, especially drain holes, drainers and tap ware.
R eturn pool to condition as per condition report at start of the Tenancy and supply Pool Test report to Agent – Report to be completed on the end of Tenancy date.
R ange hood exhaust and filter- filter can be removed and cleaned.
If Furnished E nsure all items are clean and are located in original rooms as per Inventory list.
Vacating a Property So, you’re leaving? We understand you need to move on eventually! Here is some guidance about the process and time-frames involved when you’re vacating. We recommend that you read this as soon as possible as it may assist you in the return of your Bond. The time-frames and guidelines provided here have been taken from the Legislation governing Residential Tenancies in New South Wales. If you have any questions, please contact NSW Fair Trading on 13 32 20 or www.fairtrading.nsw.gov.au Here are the steps.
YOUR AGENT PROVIDES VACATE INFO
for rent payments. If required, the Bond
We confirm the Notice received and also
may be used for costs associated with
provide you with all associated documents
returning the property back to the way it
to help make the vacating process as
was at the start of the Tenancy, except for
smooth as possible.
fair wear and tear.
At this stage, we will begin the process of
TIPS TO GETTING YOUR
advertising the property for rent again.
BOND REFUNDED
If you have allowed our team access for
Everyone wants their bond back, and we
activities related to re-letting it, we will
will happily apply to have it returned if
contact you ahead of each appointment.
everything is in order.
Access will only occur only during the last
Refer to the Residential Condition Report
14 days prior to the end of the Tenancy,
provided at the beginning of your Tenancy.
unless you agree otherwise.
The goal is to restore the property back to
FINAL RENTAL PAYMENTS
how you received it when you moved in, other than expected wear and tear.
Under the Residential Tenancies Act, rent is to be paid to Upstate up to and
The home also needs to be cleaned
including the day you vacate and hand
thoroughly. Please use the Cleaning
over the keys.
Checklist provided as a guide to assist you.
Please do not stop paying rent and assume
If you don’t have time to do this yourself,
that this amount will be deducted from
then we can recommend professional
your Bond as the Bond is not to be used
companies who can provide the following services at your expense:
• Household Cleaning
will try to accommodate a day or time to
• Pressure & Steam Carpet Cleaning
suit you, however it just depends on
• Gardening
our availability.
• Rubbish Removal
If you cannot or do not wish to attend the
Please contact our Upstate Property
Vacate Inspection, please ensure you give
Concierge, Tess Lazareff, who will arrange
our team the best contact details for you,
the services on your behalf - 0401 903 190.
so the Bond can be finalised quickly.
Once this has all been completed, recheck
If attending the inspection, it’s a good
your Residential Condition Report and see
idea to take general cleaning items in case
if it meets the expectations.
a spot clean is required in a few places
VACATE DAY
missed. This saves time, so you don’t have to return again.
On the vacate day, please return all keys and documents in the supplied Vacate
If further items require attention, the
Envelope to Upstate before 5pm.
Property Manager will notify you of details and you will be given time to rectify –
VACATE INSPECTION Upon you leaving, we will do one final check to ensure everything has been completed.
generally a 24-hour time-frame. After items have been rectified, the Property Manager reinspects the Premises and completes the Claim for Refund of
You will be invited to attend the Vacate
Bond form for you to submit to the
Inspection with the Property Manager
NSW Fair Trading.
which is to be completed within 3 business
If the item remains unsatisfactory, or you
days after you vacate.
do not wish to return to the Property
A date and time will be scheduled, and we
to attend to the issues, we will engage
a professional cleaner or contractor to attend, and a claim will be made from the Bond for the costs associated. Your Property Manager will be in touch during this process.
bond will then be paid out. Upstate can engage a professional cleaner or contractor (or both) to complete the items that need to be rectified and obtain Tax Invoices forming part of the claim on
THE CLAIM FOR REFUND OF BOND
the Bond amount held. Usually, a mediator
Unless otherwise discussed with you, the
from the NSW Fair Trading acts as a third
Claim for Refund of Bond form will be
party to help resolve the disputed Bond
completed within 3 business days of you
amount or issues.
handing over the property back to us.
As a last resort, the Tribunal is in place to
IF THERE ARE DISAGREEMENTS
deal with the disputes and a decision is
We don’t want to have any issues.
made by a Tribunal Member who considers evidence provided by the Agent and the
We try to resolve everything as promptly as
Tenant related to the matter.
possible to enable the property to be re-let and to refund your Bond amount that is
DO YOU HAVE ANY QUESTIONS?
not in dispute if applicable.
If you have questions, please don’t
This means the amount of Bond required to complete the work will be held with NSW Fair Trading until the matter is resolved. A letter will be sent to the other party advising them of the claim and giving them 14 days to apply to the Consumer, Trader and Tenancy Tribunal to dispute the claim. If no reply is received within 14 days, the
hesitate to ask.
Office of Fair Trading Fact Sheets (Tips and tricks from the Government that you’ll actually find useful too!) All information is also available directly from the official website: https://www.fairtrading.nsw.gov.au/housing-and-property/renting
By-laws in your Strata Scheme Each strata scheme has its own by-laws, which are a set of rules that owners, tenants and, in some case, visitors must follow. By-laws cover behaviour of residents and the use of common property. They can cover issues such as whether pets are allowed on the scheme, how smoking is regulated, parking and noise levels.
The by-laws can vary significantly from scheme to scheme and it is important to understand which by-laws apply to your scheme. Owners corporations can determine the by-laws that suit the preferred lifestyle of the strata scheme. A by-law must not be harsh, unconscionable or oppressive. No by-law is capable of restricting a dealing in a lot, including restricting short-term letting. By-laws cannot restrict children, and cannot restrict the keeping of an assistance animal. A copy of your scheme’s by-laws is kept on the strata roll and is available from either the secretary of the owners corporation or from your managing agent (if your scheme has one). All strata schemes must review their by-laws by 30 November 2017. Schemes may wish to use the Model by-laws (see below) as a guide when reviewing their own by-laws. Model by-laws The Strata Schemes Management Regulation 2016 includes a set of model by-laws which provide ‘sample rules’ to guide. The owners corporation in setting their own by-laws. Owners corporations can choose to adopt these or make changes to better suit their circumstances to manage issues in strata like overcrowding, pets, parking, and smoke drift. Schemes are not required to adopt or adapt any of the model by-laws, they are available to assist schemes in reviewing and making by-laws to suit their scheme. Model by-laws cannot be the by-laws for your scheme unless they are first formally adopted by the owners corporation and registered with the Office of the RegistrarGeneral.
The model by-laws include options for: •
permitting pets
•
dealing with nuisance or hazardous smoking
• helping owners corporations address noise and short-term letting •
measures to prevent overcrowding.
View or download a copy of the model by-laws in the Strata Schemes Management Regulation 2016 from the NSW Legislation website. Pets The model by-laws provide owners corporations with options to control whether pets are allowed, and on what terms. Owners can adopt a model bylaw as their own or make their own by-law. For example, the owners corporation may choose to have a by-law which: • bans pets on the property altogether (other than assistance animals) • allows owners to keep a pet and simply provide 14 days notice from when the pet has started living on the lot owner’s property, or • allows a pet with the written permission of the owners corporation. This particular model bylaw states that the owners corporation cannot unreasonably refuse the request. If they do refuse, they must give the owner written reasons outlining why the pet is not being permitted. In all cases if pets are allowed, the lot owner must still supervise their pet, clean any common property that is soiled, and ensure their pet is not noisy or negatively impacting on other residents. Even if a strata scheme allows pets, a tenant always needs their landlord´s permission first. Assistance Animals The law prohibits any by-law that prevents someone using a trained and certified assistance animal, even if the by-laws prohibit other pets on the scheme. A by-law seeking to prevent assistance animals cannot be enforced by the owners corporation. For more information, read the Guide Dogs and other assistance animals page on the Fair Trading website.
Nuisance smoking
What by-laws are in place at your scheme?
The model by-laws provide the owners corporation with options to deal with nuisance smoking drifting to neighbours’ lots and common areas. Owners corporations can pass a by-law to ban smoking on the common property and require an owner or occupier to ensure that second-hand smoke does not enter other lots or the common property.
Strata owners can inspect the owners corporation’s records to confirm what by-laws are in place.
Alternatively, the owners corporation can pass a bylaw to designate smoking areas within the common property. Common property rights by-law A common property rights by-law (previously exclusive use by-laws) may be created in instances where a lot owner may request personal use of common property for renovations or the sole use and enjoyment of the whole or any specified part of common property. An owners corporation can only make a common property rights by-law if it has the written consent of each owner on whom the by-law provides the right or special privilege and has been passed by a special resolution of the owners corporation The common property by-law must state whether: • the owners corporation is to continue to be responsible for the proper maintenance of the property or, • impose on the owner or owners of the lots the responsibility for that maintenance and upkeep. Any common property rights by-law must be disclosed to purchasers by vendors and a copy of the exclusive use by-law must be attached to the contract of sale.
Potential owners can get a copy of the by-laws by obtaining a section 184 Certificate, which is required to finalise financial matters concerning the sale of a strata property. Landlords must give their tenants a copy of the current by-laws within 14 days of the tenancy agreement being signed. Complying with by-laws All owners and occupiers in a strata scheme, including tenants, are legally obliged to comply with the by-laws of the scheme. Dealing with by-law breaches If an owner or resident breaches a by-law, the strata committee can first contact the resident to advise of the breach, and ask that they stop the conduct that is causing the breach. If it continues, the owners corporation can serve a ‘Notice to Comply with a By-Law’ on the person who is breaching it. This notice advises the resident of the breach and asks for the conduct to cease immediately. The notice can be a letter or email and must include the details of the by-law that has allegedly been breached. A copy of a Notice to Comply with a By-Law is available on the Fair Trading website. The notice can’t be given without a majority vote at a meeting of the owners. However, the owners corporation can delegate their responsibility for issuing notices to comply to the strata committee or the strata managing agent. A notice must be issued before any further action can be taken to enforce the by-laws.
Penalties and fines
Other important responsibilities of strata residents
The owners corporation may apply to the NSW Civil and Administrative Tribunal (Tribunal) if a notice to comply has been issued and the conduct continues. If the Tribunal is satisfied that there has been a breach of a by-law and the notice was given validly they can issue a penalty of up to $1,100.
Apart from complying with the by-laws, there are other obligations for strata residents under the Act.
If the Tribunal has already fined the owner or occupier within the last 12 months for a breach of the same by-law, the penalty imposed by the Tribunal can double to a maximum of $2,200. In this case, the owners corporation does not have to issue another notice to comply before applying to the Tribunal to impose the fine. Changing by-laws The owners corporation can change existing bylaws or create new ones for the better enjoyment or management of the strata scheme.
Residents must not: • interfere with or impact another person’s lot, including services provided to them or the common property. This includes doing anything to affect another lot owner’s water, sewage, drainage, gas, electricity, garbage, air conditioning, heating or telecommunications services • cause a nuisance or hazard to another resident, such as playing loud music • use the common property in a way that interferes unreasonably with others in the scheme using and enjoying it.
The owners corporation must decide by special resolution at a general meeting to make or change a by-law. This means no more than 25 per cent of votes are cast against the motion at a general meeting of the owners corporation. Notification of any new or changed by-law must be given to the Registrar General’s Office. This can be done by lodging a ‘Change of By-Laws’ form, which is available from the Land and Property Information website. A by-law has no force or effect if it is inconsistent with the Strata Schemes Management Act (the Act), or any other laws.
For further information contact Fair Trading on 13 32 20 or go to fairtrading.nsw.gov.au
By-laws applicable to your lot Schedule 1 By-Laws – Strata Titles Management Act 1 Noise An owner or occupier of a lot must not create any noise on a lot or the common property likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using common property. 2 Vehicles An owner or occupier of a lot must not park or stand any motor or other vehicle on common property except with the prior written approval of the owners corporation. 3 Obstruction of common property An owner or occupier of a lot must not obstruct lawful use of common property by any person except on a temporary and non-recurring basis. 4 Damage to lawns and plants on common property An owner or occupier of a lot must not, except with the prior written approval of the owners corporation:
(a) damage any lawn, garden, tree, shrub, plant or flower being part of or situated on common property; or (b) use for his or her own purposes as a garden any portion of the common property.
5 Damage to common property (1) An owner or occupier of a lot must not mark, paint, drive nails or screws or the like into, or otherwise damage or deface, any structure that forms part of the common property except with the prior written approval of the owners corporation.
(2) An approval given by the owners corporation under sub-clause (1) cannot authorise any additions to the common property. (3) This by-laws does not prevent an owner or person authorised by an owner from installing:
(a) any locking or other safety device for protection of the owner’s lot against intruders or to improve safety within the owner’s lot, or
(b) any screen or other device to prevent entry of animals or insects on the lot, or
(c) any structure or device to prevent harm to children, or
(d) any device used to affix decorative items to the internal surfaces of walls in the owner’s lot.
(4) Any such locking or safety device, screen, other device or structure must be installed in a competent and proper manner and must have an appearance, after it has been installed, in keeping with the appearance of the rest of the building.
(5) Despite Section 62, the owner of a lot must:
(a) maintain and keep in a state of good and serviceable repair any installation or structure referred to in subclause
(6) that forms part of the common property and that services the lot, and
(a) repair any damage caused to any part of the common property by the installation or removal of any locking or safety device, screen, other device or structure referred to in subclause (3) that forms part of the common property and that services the lot.
6 Behaviour of owners and occupiers An owner or occupier of a lot when on common property must be adequately clothed and must not use language or behave in a manner likely to cause offence or embarrassment to the owner or occupier of another lot or to any person lawfully using common property. 7 Children playing on common property in building An owner or occupier of a lot must not permit any child of whom the owner or occupier has control to play on common property within the building or, unless accompanied by an adult exercising effective control, to be or to remain on common property comprising a laundry, carparking area or other area of possible danger or hazard to children.
8 Behaviour of invitees An owner or occupier of a lot must take all reasonable steps to ensure that invitees of the owner or occupier do not behave in a manner likely to interfere with the peaceful enjoyment of the owner or occupier or another lot or any person lawfully using common property. 9 Depositing rubbish and other material on common property
13 Moving furniture and other objects on or through common property
(1) An owner or occupier of a lot must not transport any furniture or large object through or on common property within the building unless sufficient notice has first been given to the executive committee so as to enable the executive committee to arrange for its nominee to be present at the time when the owner or occupier does so.
(2) An owners corporation may resolve that furniture or large objects are to be transported through or on the common property (whether in the building or not) in a specified manner.
(3) If the owners corporation has specified, by resolution, the manner in which furniture or large objects are to be transported, an owner or occupier of a lot must not transport any furniture or large object through or on common property except in accordance with that resolution.
An owner or occupier of a lot must not deposit or throw on the common property and rubbish, dirt, dust or other material or discarded item except with the prior written approval of the owners corporation. 10 Drying of laundry items An owner or occupier of a lot must not, except with the prior written approval of the owners corporation, hang any washing, towel, bedding, clothing or other article on any part of the parcel in such a way as to be visible from the southern side of the building other than on any lines provided by the owners corporation for the purpose and there only for a reasonable period. 11 Cleaning windows and doors An owner or occupier of a lot must keep clean all exterior surfaces of glass in windows and doors on the boundary of the lot, including so much as is common property, unless:
(a) the owners corporation resolves that it will keep the glass or specified part of the glass clean, or
14 Floor coverings
(1) An owner of a lot must ensure that all floor space within the lot is covered or otherwise treated to an extent sufficient to prevent the transmission from the floor space of noise likely to disturb the peaceful enjoyment of the owner or occupier of another lot.
(2) This by-law does not apply to floor space comprising a kitchen, laundry, lavatory or bathroom.
(b) that glass or part of the glass cannot be accessed by the owner or occupier of the lot safely or at all.
12 Storage of inflammable liquids and other substances and materials (1) An owner or occupier of a lot must not, except with the prior written approval of the owners corporation, use or store on the lot or on the common property any inflammable chemical, liquid or gas or other inflammable material.
(2) This by-law does not apply to chemicals, liquids, gases or other material used or intended to be used for domestic purposes, or any chemical, liquid, gas or other material in a fuel tank of a motor vehicle or internal combustion engine.
15 Garbage disposal
(1) An owner or occupier of a lot in a strata scheme that does not have shared receptacles for garbage, recyclable material or waste:
(a) must maintain such receptacles within the lot, or on such part of the common property as may be authorised by the owners corporation, in clean and dry condition and (except in the case of receptacles for recyclable material) adequately covered, and (b) must ensure that before refuse, recyclable, material or waste is placed in the receptacles it is, in the case of refuse, securely wrapped or, in the case of tins or other containers, completely drained, or , in the case of recyclable material or waste, separated and prepared in accordance with the applicable recycling guidelines, and (c) for the purpose of having the garbage, recyclable material or waste collected, must place the receptacles within an area designated for that purpose by the owners corporation and at a time not more than 12 hours before the time at which garbage, recyclable material or waste is normally collected, and (d) when the garbage, recyclable material or waste has been collected, must promptly return the receptacles to the lot or other area referred to in paragraph (a), (e) must not place any thing in the receptacles of the owner or occupier of any other lot except with the permission of that owner or occupier, and (f) must properly remove any thing which the owner, occupier or garbage or recycling collector may have spilled from the receptacles and must take such action as may be necessary to clean the area within which that thing was spilled. (2) An owner or occupier of a lot in a strata scheme that has shared receptacles for garbage, recyclable material or waste:
with the applicable recycling guidelines, and
(a) must ensure that before refuse, recyclable material or waste is placed in the receptacles it is, in the case of refuse, securely wrapped or, in the case of tins or other containers, completely drained, or, in the case of recyclable material or waste, separated and prepared in accordance
(b) must promptly remove anything which the owner, occupier or garbage or recycling collector may have spilled in the area of the receptacles and must take such action as may be necessary to clean the area within which that thing was spilled.
16 Keeping of animals Note – selection option A, B or C. If no option is selected, option A will apply.
(1) Subject to section 49(4), an owner or occupier of a lot must not, without the prior written approval of the owners corporation, keep any animal (except fish kept in a secure aquarium on the lot) on the lot or the common property.
(2) The owners corporation must not unreasonably withhold its approval of the keeping of an animal on a lot or the common property.
17 Appearance of lot (1) The owner or occupier of a lot must not, without the prior written approval of the owners corporation, maintain within the lot anything visible from outside the lot that, viewed from outside the lot, is not in keeping with the rest of the building.
(2) This by-law does not apply to the hanging of any washing, towel, bedding, clothing or other article as referred to in by-law 10.
18 Notice-board An owner’s corporation must cause a notice-board to be affixed to some part of the common property 19 Change in use of lot to be notified An occupier of a lot must notify the owners corporation if the occupier changes the existing use of the lot in a way that may affect the insurance premiums for the strata scheme (for example, if the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes).
Ending your Agreement In a residential land lease community You generally have the right to live in your home on your rented site for as long as you like. It does not matter if the fixed term period (if there was one) of your site agreement has expired. Your site agreement can only be ended in the limited situations allowed under the law. When may my site agreement be ended? An operator can only seek to end your site agreement because: • you have seriously or persistently breached a term of your site agreement • you are at least 30 days behind with your site fees • the operator needs the premises vacated to carry out repairs or an upgrade ordered by the local council or another authority • the community must be closed for use other than as a land lease community • the NSW Civil and Administrative Tribunal accepts that your particular site needs to be used for another purpose • your site, or the whole community, is to be compulsorily acquired by a Government agency, for example to build a road
If you are still living in your home at the end of the termination notice period, the operator may apply to the Tribunal for a possession order. If the Tribunal agrees to give such an order, it will decide a new date by which you must vacate. If you do not comply with this order the operator may obtain a warrant for possession and ask a Sheriff´s Officer to remove you from the community. It is against the law for the operator to attempt to recover possession of the site other than by following this process and heavy penalties can be imposed. What can I do if I disagree with a termination notice? If you have a dispute about the notice itself, or how it was served, you can apply at any time to the Tribunal to resolve the matter. You can also apply to the Tribunal if you believe that the notice was given to you as retaliation for exercising your rights. If the operator applies to the Tribunal after the termination notice period ends, you will be able to put a case to the Tribunal as to why your agreement should not be ended. Are there any alternatives to termination?
• there has been serious misconduct by you. Examples include you using the site for an illegal purpose (for example, manufacturing drugs) or causing injury or serious damage to people or property in the community.
Yes. You and the operator can agree to relocate your home to another site in the community or to another land lease community operated by the same operator within a reasonable distance. To start this process the operator can give you a `relocation notice´ suggesting a proposal and giving you 90 days to think about it. If you agree to be relocated, the operator pays the relocation costs. A new site agreement under generally the same terms must be entered into. If you do not agree within the time specified the operator may issue a termination notice.
How does the eviction process work?
Can I be forced to relocate?
To evict you from your site, the operator must usually give you a termination notice. This notice must be in the approved Notice to terminate form.
No. It is your choice whether you want to relocate to another site or to another land lease community.
• your site is not lawfully useable as a residential site • nobody has used your site as a residence for at least 3 years or there is good evidence that your home has been abandoned
This form sets minimum notice periods based on the circumstance for which the operator may seek to end your agreement. The operator must comply with these notice periods.
Do I get compensation if my agreement is ended? The operator must pay you compensation if your site agreement is terminated for any of the following reasons: • closure or change of use of the community • for repairs and upgrades • compulsory acquisition by a Government authority • the land is not authorised for use as a residential site (unless you knew this from the beginning). How much compensation am I entitled to? This will depend largely on what you choose to do with your home. If you move your home to another land lease community owned by a different operator, you are entitled to receive in advance the likely reasonable costs of: • removing your home from the site and disconnecting any services • transporting your home and your possessions to the new site • installing your home on the new site and connecting services • repairing any damage to your home caused by the move • landscaping the new site to the same standard as your current site • after the relocation is complete, any reasonable extra costs not covered by the above. If you cannot or do not want to relocate to another community you are still entitled to be compensated by the operator. Your site agreement may specify what compensation is payable in this situation. If your agreement does not cover this matter, then the operator must pay compensation for the loss of your residency and for your relocation expenses.
If you decide to keep your home and sell it off site or use it for another purpose, the value of the home should not be factored into the compensation. However, if you do not wish to keep the home, you will be required to transfer ownership of the home to the operator in return for being compensated for the value of the home. This would generally be the current onsite market value of the home determined as if the closure or change of use was not occurring. If you are unable to agree with the operator on an appropriate amount of compensation, you can apply to the Tribunal for an order to settle the dispute. Does the operator need to help me find another site? If you are given a termination notice for closure or change of use, the operator must try to help find you alternative accommodation, unless you tell them you do not need their help. The alternative accommodation must be of about the same standard and cost as your current residential site and be acceptable to you. It could be a vacant site in another land lease community. The Tribunal will look at the efforts of the operator to help you in any termination proceedings.
New Tenant Checklist What you must know before you sign a lease At the start of every tenancy, your landlord or agent should give you: • a copy of this information (the New tenant checklist) • a copy of your lease (tenancy agreement) • 2 copies of the premises condition report (more on that later) • an invitation to lodge the bond using Rental Bonds Online (RBO). Or, if you are unable to use RBO, a bond lodgement form for you to sign, so that it can be lodged with NSW Fair Trading • keys to your new home. If applicable, you should also receive: • a certificate of compliance for a swimming pool (more on that later) • a copy of the by-laws, if the property is in a strata complex • notification if the premises has been listed on the Loose-Fill Asbestos Insulation Register (more on that later) • notification of any other material fact relating to the premises (more on that later). Before you sign the lease, make sure you read it thoroughly. If there is anything in the lease that you do not understand, ask questions. Remember, you are committing to a legally binding contract with no cooling-off period. You want to be certain you understand and agree to what you are signing.
I know that I must be offered at least one way to pay the rent that does not involve paying a fee to a third party. I know that any additional terms to the lease must be negotiated before I sign. I have checked that all additional terms to the lease are legal. For example, the lease does not include a term requiring me to have the carpet professionally cleaned when I leave, unless I have agreed to that as part of a condition to allow me to keep a pet on the premises. Promised repairs For any promises made by the landlord or agent (for example, replace the oven, paint a room, clean up the backyard, etc.): I have made sure these have already been done or I have an undertaking in writing (before signing the lease) that they will be done. Upfront costs I am not being required to pay: more than 2 weeks rent in advance, unless I freely offer to pay more more than 4 weeks rent as a rental bond. I am not being charged for: the cost of preparing my lease the initial supply of keys and security devices to each tenant named on the lease.
You should only sign the lease when you can answer Yes to the following statements. The lease I have read the lease and asked questions if there were things I did not understand. I know the length of the lease is negotiated before I sign, which means it can be for 6 months, 12 months, or some other period.
For further information contact Fair Trading on 13 32 20 or go to fairtrading.nsw.gov.au
Managing your bond online Your landlord or agent must give you the option to use Rental Bonds Online (RBO) to pay your bond. You can use RBO to securely pay your bond direct to NSW Fair Trading using a credit card or BPAY, without the need to fill out and sign a bond lodgement form. Once registered, you can continue to use your RBO account for future tenancies. If you decide not to use RBO, you can ask your agent or landlord for a paper bond lodgement form for you to sign, so that it can be lodged with NSW Fair Trading. Swimming and spa pools Does the property have a swimming or spa pool? If so,the landlord or agent must give you a copy of a validcertificate of compliance or occupation certificate issued in the past 3 years. This does not apply if you are renting in a strata or community scheme of more than 2 lots. Property containing loose-fill asbestos insulation Properties in NSW that test positive for loose-fill asbestos insulation will have the property address included in a public register (available on the NSW Fair Trading website). If a property has been listed on this publicregister, the agent or private landlord must disclose this information to new tenants. The following section lists the other information that must be provided to tenants before they sign a lease. What tenants must be told Sometimes a residential property has something in its history that you should know. If the landlord or agent is aware of any of the following facts, they must inform you: if the property: • has been affected by flooding or bushfire in the previous 5 years • has significant health or safety risks (unless they are obvious when you inspect the property) • has been the scene of a violent crime in the previous 5 years • is affected by zoning or laws that will not allow you to obtain a parking permit and only paid parking is available in the area
• is provided with council waste services on a different basis to other premises in the area • is listed on the loose-fill asbestos insulation register • if other people are entitled to share the driveway or walkway. After you move in • Fill in your part of the condition report and make sure you return a copy to the landlord or agent within 7 days. This is an important piece of evidence. If you do not take the time to complete it accurately, money could be taken out of your bond to pay for damage that was already there when you moved in. • If you lodged the bond using RBO, make sure you receive an email or SMS notification from Fair Trading confirming your bond has been received. If the bond was not lodged using RBO, make sure you get a letter from Fair Trading sometime during the first 2 months saying that your bond has been received and advising you of your Rental Bond Number. If you do not receive an email, SMS notification or letter, call NSW Fair Trading to make sure the bond has been lodged. Top tips for problem-free renting Follow these useful tips to help avoid problems while you are renting: • Photos are a great way to record the condition of the property when you first move in. Take date-stamped photos of the property, especially areas that are damaged or unclean. Keep these photos in case the landlord objects to returning your bond at the end of your tenancy. • Keep a copy of your lease, condition report, rent receipts, Rental Bond Number and copies of letters/emails you send or receive in a safe place where you can easily find it later.
• Never stop paying your rent, even if the landlord is not complying with their side of the agreement (e.g. by failing to do repairs). You could end up being evicted if you do.
Further information
• Comply with the terms of your lease. In particular, never make any alterations, keep a pet or let other people move in without asking the landlord or agent for permission first.
The NSW Government funds a range of community based Tenants Advice and Advocacy Services across NSW to provide advice, information and advocacy to tenants. Go to the Tenants Union website at www.tenants.org.au for details of your nearest service or check your local phone directory.
• Keep a diary of your dealings with the landlord or agent - record all the times and dates of conversations, who you spoke to and what they agreed to do. If repairs are needed, put your request in writing to the landlord or agent and keep a copy. This type of evidence is very helpful if a dispute arises that ends up in the NSW Civil and Administrative Tribunal (NCAT).
Go to the Fair Trading website or call 13 32 20 for more information about your renting rights and responsibilities.
Landlords and agents must give a copy of this information statement to all new tenants before they sign a residential lease. Fines can be imposed if this is not done.
• Consider taking out home contents insurance. It will cover your belongings in case of theft, fires and natural disasters. The landlord’s building insurance, if they have it, will not cover your things. • If the property has a pool or garden, be clear about what the landlord or agent expects you to do to maintain them. • Be careful with what you sign relating to your tenancy and do not let anybody rush you. Never sign a blank form, such as a ‘Claim for refund of bond’ form. • If you are happy in the place and your lease ends, consider asking for the lease to be renewed for another fixed term. This will remove the worry about being unexpectedly asked to leave and can help to lock in the rent for the next period of time.
For further information contact Fair Trading on 13 32 20 or go to fairtrading.nsw.gov.au
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