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DISTRICT COUNCIL OF KIMBA 2.25 Kimba Pioneer Memorial Village Tenancy Policy

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Page 1: DISTRICT COUNCIL OF KIMBA · DISTRICT COUNCIL OF KIMBA 1 | Page . W:\Council Documents GDS20 Feb.2012\9. GOVERNANCE\9.63.01.1.2 Council Policies\2. General Policies \Current policies

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DISTRICT COUNCIL OF KIMBA

2.25 Kimba Pioneer Memorial Village Tenancy Policy

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DOCUMENT APPROVAL This document has been endorsed and approved for use by: _______________________________ _______________________________ Deb Larwood Date CEO District Council Kimba Document Version Control Document Name: 2.25 – Kimba Pioneer Memorial Village Tenancy Policy Document Status: Draft Version Number: 4 Author: Deb Larwood, CEO Authorised By Deb Larwood, CEO Change History Version Issue Date Author Reasons for Change Draft 1 August 2010 D. Cearns First Draft 2 April 2011 D. Cearns Review following legal opinion 3 December 2016 J. Schaefer Review and update 4 April 2019 D. Larwood Introduction of two new two bedroom units and

criteria in respect to the tenant selection process

Adopted: | Review Date:

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2.25 KIMBA PIONEER MEMORIAL VILLAGE TENANCY POLICY The District Council of Kimba applies the following rules for its Policy relating to tenancy at the Kimba Pioneer Memorial Village: Aims To provide an environment where people can live happily and safely; To enhance the quality of life of Tenants; To offer cost effective and flexible living arrangements. To offer support and encourage a healthy lifestyle. Philosophy Council recognises a Tenant's need for dignity, privacy and independence. Vision The District Council of Kimba is committed to providing quality, affordable and independent accommodation and services to satisfy the needs of tenants at the Kimba Pioneer Memorial Village in order to promote dignity and self-respect. Application for Tenancy / Registration of Interest An Expression of Interest Form is provided to all persons upon request from the District Council of Kimba once a vacancy in the units becomes available. Tenancy - Criteria for Selection In order to establish an appropriate process to select a Tenant for the Kimba Pioneer Memorial Village, the following criteria may be considered in the selection process:- Date of application for tenancy; Capacity to meet financial obligations of tenancy; Ability to integrate into the village and provide a positive influence; History of previous living arrangements and referees provided as appropriate. Tenancy – Process for Selection When a vacancy occurs for the tenancy of units at the Kimba Pioneer Memorial Village, the following process will be followed:

1. Expressions of interest will be called over a period of 2 weeks for a perspective tenant/tenants from persons interested in renting a unit.

2. Following the close of the Expression of Interest period staff will assess applications against the criteria identified in this policy to determine those persons eligible to be included in a ballot.

3. A ballot will be held in accordance with the following process: a) For Unit 6 and Unit 7 (two bedroom units) each applicant of a couple will receive

one ballot paper and single applicants will receive one ballot paper. b) For the remaining one bedroom units, an application by a couple will be entitled to

one ballot paper and a single applicant will be entitled to one ballot paper.

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c) All applicants or their representatives will be entitled to be in attendance at the ballot draw.

d) The name of the person drawn first in the ballot will have the first entitlement to rent the available unit.

In the event that ongoing vacancies exist with the units at the Kimba Pioneer Memorial Village following the lodging of an Expression of Interest, an applicant may be offered tenancy of a unit directly subject to meeting the criteria identified in this policy. Tenancy – Number of Tenants in each Premises Each premise has either one or two persons who are the Tenants of that premise. Should there be any change to the number of Tenants to premises, this change must be made in accordance with the Residential Tenancy Periodic Agreement. This may require making a new Residential Tenancy Periodic Agreement. Tenure Tenure will be determined in accordance with the Residential Tenancy Periodic Agreement. A resident will not be influenced to remain in a premise if they wish to vacate it. If a resident seeks to vacate premises, they must do so in accordance with their Residential Tenancy Periodic Agreement. The District Council of Kimba reserves its right to terminate a tenancy pursuant to the Residential Tenancy Agreement. Privacy The resident has a right to exclusive occupation. A resident’s premises is regarded as their own “personal space”. The District Council of Kimba will only act in accordance with its rights and obligations as landlord pursuant to the Residential Tenancy Periodic Agreement. Health and Welfare of Tenants The District Council of Kimba will provide all reasonable maintenance of the Kimba Pioneer Memorial Village premises, specific fittings and equipment in each premise, and communal property for the reasonable satisfaction and comfort of the Tenant. Smoke Alarms are fitted in each unit and are tested on a six-monthly basis. Residual Current Devices are installed in each unit and are tested on a six-monthly basis. Fire blankets are provided in each unit in kitchen area. It is the tenant’s choice to provide their own fire extinguisher & emergency evacuation plan. The District Council of Kimba does not provide health care to Tenants and Tenants will need to make their own arrangements for the provision of such services. Tenant/s Right to Possession and Quiet Enjoyment The District Council of Kimba recognises that all Tenants are entitled to quiet enjoyment of the premises without undue interruption and will not cause or permit any interference with the reasonable peace, comfort or privacy of a Tenant during their tenancy at the Kimba Pioneer Memorial Village. All due and reasonable care will be taken to maintain a peaceful environment for Tenants.

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Smoke Alarms: Smoke alarms have been installed in each unit for the safety of each tenant. In the event of danger, all tenants are directed to vacate their premises and wait in safety until the Country Fire Service arrives to manage the situation. General Maintenance General maintenance of the property, landscaped areas and each premise is undertaken by Council employees or in some cases Council’s Contractor. If a Tenant is aware of maintenance being required, they are asked to advise staff at the Council Office by phone on 86272026 or in person between 9am and 5pm Monday to Friday. In the event of an emergency contact can be made with the Chief Executive Officer of the Council on 0427 102 535. Gardens Tenants have the opportunity to manage a small garden section adjacent to their premises if they choose to do so. If Tenants do choose to manage a small garden adjacent to their premises, Tenants will not be permitted to have an excessive number of pot plants. Public garden areas are available to be enjoyed by all Tenants. Arrangements can be made on a short-term basis for assistance from Council with minor maintenance in individual garden areas. Premises Management The individual premises and the entire Complex are owned, managed and administered by the District Council of Kimba. Council are happy and willing to receive feedback concerning a tenancy. Security of Premises The District Council of Kimba will take reasonable steps to provide and maintain the locks and security doors in order to ensure the premises are reasonably secure. Neither the landlord nor the tenant will alter or remove a lock or security device without the consent of the other. Master Keys to the premises are held by the District Council of Kimba. Written application must be made to Council for approval for the installation of any extra security device. Security Lighting Security lights in the grounds have been installed for the convenience of Tenants. Power and maintenance for these facilities are Council’s responsibility. Safety and Security Standards Any Tenant having concerns about safety or security standards is urged to contact the Council Office. Council will make reasonable enquires to ensure that concerns are dealt with promptly and efficiently. Smoking within a Premises Unit Smoking is prohibited within the premises in accordance with Council’s ‘No Smoking in Council Owned Buildings’ Policy.

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Premises Description Each premises is equipped with the following:- Personal Security; Smoke detector ; Electric stove; Built-in kitchen cupboards and shelving; Shower (no bath); Reverse cycle air conditioning; Security screens – Master Key System; Floor coverings; Curtains and Interior Blinds; Rain water connected to all Units; Limited car-port space available (via the shared car shed adjacent to the units) – Units 6 and 7 have been provided with individual parking carports adjacent to each unit. Although premises may vary due to the time of refurbishment, it is Council’s intention to maintain a consistent standard of appliance and fitting that is installed in each premise. Right of Entry / Inspection of Property The District Council of Kimba will exercise its powers as landlord in accordance with the Residential Tenancy Periodic Agreement and the Residential Tenancies Act 1995. Keys Each resident is given a set of keys. Residents are asked NOT to take copies of keys to the premises unless Council’s approval has been given. Should you lose your keys at any time, please notify Council. Assistance will be given to replace keys or to gain entry to the premises. Master Keys to the premises are retained by Council. Statutory Charges The District Council of Kimba shall pay all statutory rates, taxes and charges imposed in respect of the premises. Tenants will be responsible for electricity to their premises and all telephone rental and charges. The electricity for public lighting will be the responsibility of the District Council of Kimba. Insurance All personal property and possessions owned by the Tenant are the responsibility of the Tenant. The District Council of Kimba does not accept responsibility for any loss of property owned by a Tenant due to fire, theft, damage or other. Tenants are urged to ensure that their insurance coverage is in order prior to taking up residency at the Kimba Pioneer Memorial Village. The District Council of Kimba will keep its own buildings and property at the Kimba Pioneer Memorial Village insured at all times.

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Telephone All Tenants are able to take up the option of having a telephone service in their premises. If a Tenant does take this option, all costs are the responsibility of the Tenant. Approval can be sought from Council to have a further telephone extension installed in a premise subject from Council. Council may attach a condition to consent, that being, that the cost of any works will be the responsibility of the Tenant and upon completion of the work, the additions, alterations or installation will become the property of Council. Repair of Fixture, Fittings and Structure of Premises The Tenant shall notify the District Council of Kimba of any repairs necessary to fixtures, fittings and structure of the premises. The Tenant will notify Council by contacting the Council Office as above. The District Council of Kimba will make the necessary arrangements for repairs to be undertaken. A Tenant may make their own arrangements for the repair of a privately owned asset (for example a television). However, the District Council of Kimba will not be responsible for the payment of work concerning privately owned asset. Alterations/ Additions/ Installation of Items to the Premises Pursuant to the Residential Tenancy Periodic Agreement, the Tenant must not, without Council's written consent, make an alteration or addition to the premises. This includes the provision of extra power points, telephone points, television reception dishes or ceiling fans. Council may attach conditions to any consent given under this provision. Visitors A car-park for visitors is provided. Tenants are welcome to have relatives or friends visit and accommodated on a short-term basis. Heating within the Premises Open-bar heaters are not permitted in the premises. Oil or fan heaters can be used. Reverse cycle air conditioning is provided in every premise and it is maintained by Council. Open flames The use of open flames, including candles and portable cooking units (eg. gas camping stoves) is not permitted at any time. No Emergency Lighting in the event of power failure No ‘stand-by power’ is available at the premises. However, electrical power is always restored as soon as possible. The SA Power Networks information service telephone number for power failure is 131366.

Residents are advised to keep a reliable torch handy in case of lighting problems; self-charging torches are convenient for use in emergencies.

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Carpets or Lino / Light Fittings If a Tenant is not satisfied with the carpets / lino or light fittings of the premises, the Tenant may replace such furnishings at his/her own cost, subject to Council approval.

Council may attach a condition to the consent, that being that the cost of any works will be the responsibility of the Tenant and upon completion of the works, the additions, alterations or installation will become the property of Council. Curtains A Tenant may replace curtains provided in the premises by Council with curtains of their choice and seek reimbursement from the District Council of Kimba for 50% of the value up to an amount of $500.00 being made available per premises, subject to mutual agreement that the curtains shall then become the sole property of Council. If replacing curtains, it is necessary for a Tenant to:- Return the curtains that are being replaced; Acknowledge in writing that the curtains purchased for the premises will become the property of Council; and Present receipts and documentation relating to the transaction when seeking reimbursement. Keeping of Animals or Birds No animals are to be kept on the premises or at the complex except in the event one is required for special needs. Tenants may make an application in writing to the Council for the permission to keep an animal at their premises. If an application is made to Council for the Tenant to be given permission to keep an animal at their premises, Council will assess that application on its merits. Absence from Units If tenants leave the premises for in excess of a week or go on holidays, it is advisable that they notify Council. This will allow the hot-water system to be turned off and due care taken of the premises. It would be appreciated if a contact number could be left with Council on any prolonged absence from the premises so that tenants can be advised should an issue arise that needs their attention. Use and Storage of Gophers The responsibility for and insurance of the gopher remains at all times the responsibility of the owner; Gophers may be housed in the carpark facility providing there is an available space. First preference will be given to motor vehicles for space in the car park facility; Gophers are not to be housed in the carparks that have the maximum number of cars already housed in the facility; Gophers must be parked in a manner that does not impede persons walking on the path nor restrict access into the premise. Rental Payments - Late If a Tenant's rent is 14 days in arrears, Council, or an officer of Council, may make a telephone call to the Tenant to advise the Tenant that their rent is in arrears. If Council cannot contact a Tenant by telephone call, Council may consider contacting the Tenant in person or writing to them.

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If a Tenant's rent is 28 days in arrears, Council may consider issuing a termination notice to the Tenant in accordance with the Residential Tenancies Act 1995 and the Residential Tenancy Periodic Agreement. Availability

The Policy will be available for inspection at the Council’s Principal Office during ordinary business hours at no charge and published on Council’s website at www.kimba.sa.gov.au. Copies of this policy will be provided to interested parties on request. Adoption This policy was reviewed and adopted by the Council at its ordinary meeting on Wednesday 10 April 2019. Appendices

1. Periodic – residential tenancy agreement. 2. Expression of Interest of Rental Property

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Periodic – residential tenancy agreement All parties to this agreement should consider seeking legal advice about their rights and obligations

Landlord: (Landlord details must be completed)

Insert full name/s:

Address for service of documents:

Postcode:

Contact telephone number:

Agent:

Insert name of registered agent or person managing the property for the landlord:

Address (for service of documents): RLA:

Postcode:

Telephone: Mobile: Email address for service of notice or document:

Tenant:

Insert full name of tenant 1:

Contact telephone number: Email address for service of notice or document:

Iinsert full name of tenant 2:

Contact telephone number: Email address for service of notice or document:

Insert full name of tenant 3:

Contact telephone number: Email address for service of notice or document:

Address of premises:

Commencement of agreement: Bond amount: Start date:

/ / $

Rent: Payment of rent will be made on:

Weekly amount:

$Insert day of week rent is due of each week/fortnight/month

Does the property meet minimum housing standards? (see Housing Improvement Act 2016) Yes NoIs there a rent control notice or order on the property? Yes No(if yes, provide details in ‘Additional terms of agreement’)

Page 1 of 4

No Applicable

Appendix 1

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Method of payment of rent: An option to pay the rent without attending the premises must be offered to the tenant.

How/where is the rent to be paid:

Domestic appliance requiring instruction: Manufacturers’ manuals, or written or oral instructions must be

given.

List all appliances or devices provided as part of the agreement that the tenant should expect instructions for e.g. air conditioner:

……………………………………………………………………………………………………..

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

Water use and supply: Unless there is a specific agreement with the tenant, if the water supply is separately metered, the

tenant is responsible to pay for all water use and the water supply charge. Tick one box:

All water use and supply charge

All water use only Supply charge only

Other Insert details of other agreement:

The tenant is not required to pay charges for water unless the landlord asks for payment within 3 months of the issue of the bill, or the tenant requested a copy of the account and the landlord failed to provide it (at no cost) within 30 days.

Exclusions: List parts of the premises that are not included in this agreement. Give as much detail as possible:

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

Terms of agreement

1. Application of the Act and RegulationsThe Residential Tenancies Act 1995 and related regulations apply to all residential tenancyagreements in South Australia. An agreement or arrangement that is inconsistent with the Actis invalid.

2. Maintenance of premises – landlordThe landlord will hand over the premises in a reasonably clean condition, maintain it in areasonable state of repair and meet all health and safety legal requirements.

3. Maintenance of premises – tenantThe tenant will keep the premises in a reasonably clean condition and notify the landlord ofany damage or repair. The tenant must not intentionally or negligently cause or allow damageto the premises.

4. Use of premisesThe tenant will not use or allow the premises to be used for an illegal purpose, or cause orallow a nuisance. The tenant must not cause or allow an interference with the reasonablepeace, comfort or privacy of another person who lives in the immediate vicinity of thepremises.

Page 2 of 4

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5. Handing over possession of the premises without restrictionsAt the start of the agreement the landlord will not restrict the tenant from having full use of thepremises (except for any part reserved for the landlord’s own use). The landlord is not awareof anything that would prevent the tenant from living in the premises for the term of thetenancy.

6. Tenant's right to peace comfort and privacyThe tenant is entitled to peace comfort and privacy without interference by the landlord orother tenants of the landlord.

7. Landlord's right of entryAll entry must be made between 8am and 8pm on any day other than a Sunday or publicholiday. The landlord may enter the premises as listed in section 72 of the ResidentialTenancies Act 1995.

8. Locks and security devicesThe landlord will provide and maintain locks and other devices so that the premises arereasonably secure. Neither party will alter, remove, or add a lock or security device without theconsent of the other. Neither party will unreasonably withhold consent to the alteration,removal or addition of a lock or security device by and at the expense of the other.

9. Alterations and additionsThe tenant must not, without the landlord’s written consent, make an alteration or addition tothe premises. The landlord will not unreasonably withhold consent to an alteration or additionthat is necessary to ensure the provision of infrastructure or a service of a prescribed kind.

10. Removal of an alteration or additionThe tenant may remove an item that was added with the landlord’s consent, unless itsremoval would cause damage. If damage is caused by removing an item, the tenant mustnotify the landlord and, at the option of the landlord, repair the damage or compensate thelandlord for the reasonable cost to repair the damage.

11. Subletting or assignmentThe tenant has the right, with the landlord’s written consent, to sublet or assign their interestof the premises to another. The landlord cannot unreasonably withhold consent but cancharge reasonable expenses for giving consent.

13. Termination by landlord or tenant for breach of agreementIf a breach can be remedied, the landlord or tenant can issue a notice for the breach. Thenotice must be in a written form required by regulation, must detail the breach and that if thebreach is not remedied within the specified period the tenancy will end.

14. Termination for rent arrearsIf the tenant fails to pay rent, rent must be at least 14 days behind before the landlord canissue a notice of termination for the breach. The notice must be in a written form required byregulation.

15. Termination on hardship groundsEither the landlord or the tenant can apply to the South Australian Civil and AdministrativeTribunal (SACAT) to terminate a tenancy because the continuation of the tenancy wouldcause undue hardship.

16. Termination by landlord – specific reasonThe landlord can terminate the agreement by giving at least 60 days notice in the written formrequired by regulation if: possession is required for demolition; possession is required to carry out repairs or renovations that can’t be done with

reasonable convenience while the tenant remains in the premises; possession is required for personal occupation or occupation by the landlord's spouse,

child, parent, or the spouse of a child or parent; a contract for sale of the premises has been entered into under which the landlord

needs to give vacant possession to the new owner.17. Termination by landlord – no specific reason

The landlord can terminate the agreement by giving at least 90 days notice without specifyingany reason for the notice. The notice must be given in the written form required by regulation.

Page 3 of 4

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18. Termination by tenant – no specific reasonThe tenant can terminate the agreement by giving at least 21 days, or a period equivalent to asingle tenancy period (whichever is longer) notice without specifying any reason for the notice.The notice must be given in the written form required by regulation.

19. InsuranceIf parties want to insure the property; the landlord would be responsible to insure theirdwelling, fixtures and fittings. The tenant would be responsible to insure their personalbelongings and furnishings.

Additional terms of agreement Insert any other terms of the agreement – a term must not contradict the tenancies legislation:

………………………………………………………………………………………………………….

………………………………………………………………………………………………………….

………………………………………………………………………………………………………….

………………………………………………………………………………………………………….

………………………………………………………………………………………………………….

………………………………………………………………………………………………………….

The landlord must give the tenant a copy of this agreement after it is signed.

Any variation to this agreement must be in writing and dated and signed by the landlord and tenant.

The landlord must keep a copy of this agreement and any variation – in paper or electronic form – for at least two years after the agreement ends.

Signature of landlord:Date:

/ /Date:

/ /

Signature of tenant/s: Make sure you read all terms of this agreement before signing

Date:

/ /

Date:

/ /Date:

/ /

For general tenancy information contact Consumer and Business Services on 131 882, or visit sa.gov.au/tenancy/renters

Page 4 of 4A&C 10/20177123

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Periodic – residential tenancy agreement All parties to this agreement should consider seeking legal advice about their rights and obligations

Landlord: (Landlord details must be completed)

Insert full name/s:

Address for service of documents:

Postcode:

Contact telephone number:

Agent:

Insert name of registered agent or person managing the property for the landlord:

Address (for service of documents): RLA:

Postcode:

Telephone: Mobile: Email address for service of notice or document:

Tenant:

Insert full name of tenant 1:

Contact telephone number: Email address for service of notice or document:

Iinsert full name of tenant 2:

Contact telephone number: Email address for service of notice or document:

Insert full name of tenant 3:

Contact telephone number: Email address for service of notice or document:

Address of premises:

Commencement of agreement: Bond amount: Start date:

/ / $

Rent: Payment of rent will be made on:

Weekly amount:

$Insert day of week rent is due of each week/fortnight/month

Does the property meet minimum housing standards? (see Housing Improvement Act 2016) Yes NoIs there a rent control notice or order on the property? Yes No(if yes, provide details in ‘Additional terms of agreement’)

Page 1 of 4

No Applicable

Appendix 1

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Method of payment of rent: An option to pay the rent without attending the premises must be offered to the tenant.

How/where is the rent to be paid:

Domestic appliance requiring instruction: Manufacturers’ manuals, or written or oral instructions must be

given.

List all appliances or devices provided as part of the agreement that the tenant should expect instructions for e.g. air conditioner:

……………………………………………………………………………………………………..

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

Water use and supply: Unless there is a specific agreement with the tenant, if the water supply is separately metered, the

tenant is responsible to pay for all water use and the water supply charge. Tick one box:

All water use and supply charge

All water use only Supply charge only

Other Insert details of other agreement:

The tenant is not required to pay charges for water unless the landlord asks for payment within 3 months of the issue of the bill, or the tenant requested a copy of the account and the landlord failed to provide it (at no cost) within 30 days.

Exclusions: List parts of the premises that are not included in this agreement. Give as much detail as possible:

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

Terms of agreement

1. Application of the Act and RegulationsThe Residential Tenancies Act 1995 and related regulations apply to all residential tenancyagreements in South Australia. An agreement or arrangement that is inconsistent with the Actis invalid.

2. Maintenance of premises – landlordThe landlord will hand over the premises in a reasonably clean condition, maintain it in areasonable state of repair and meet all health and safety legal requirements.

3. Maintenance of premises – tenantThe tenant will keep the premises in a reasonably clean condition and notify the landlord ofany damage or repair. The tenant must not intentionally or negligently cause or allow damageto the premises.

4. Use of premisesThe tenant will not use or allow the premises to be used for an illegal purpose, or cause orallow a nuisance. The tenant must not cause or allow an interference with the reasonablepeace, comfort or privacy of another person who lives in the immediate vicinity of thepremises.

Page 2 of 4

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5. Handing over possession of the premises without restrictionsAt the start of the agreement the landlord will not restrict the tenant from having full use of thepremises (except for any part reserved for the landlord’s own use). The landlord is not awareof anything that would prevent the tenant from living in the premises for the term of thetenancy.

6. Tenant's right to peace comfort and privacyThe tenant is entitled to peace comfort and privacy without interference by the landlord orother tenants of the landlord.

7. Landlord's right of entryAll entry must be made between 8am and 8pm on any day other than a Sunday or publicholiday. The landlord may enter the premises as listed in section 72 of the ResidentialTenancies Act 1995.

8. Locks and security devicesThe landlord will provide and maintain locks and other devices so that the premises arereasonably secure. Neither party will alter, remove, or add a lock or security device without theconsent of the other. Neither party will unreasonably withhold consent to the alteration,removal or addition of a lock or security device by and at the expense of the other.

9. Alterations and additionsThe tenant must not, without the landlord’s written consent, make an alteration or addition tothe premises. The landlord will not unreasonably withhold consent to an alteration or additionthat is necessary to ensure the provision of infrastructure or a service of a prescribed kind.

10. Removal of an alteration or additionThe tenant may remove an item that was added with the landlord’s consent, unless itsremoval would cause damage. If damage is caused by removing an item, the tenant mustnotify the landlord and, at the option of the landlord, repair the damage or compensate thelandlord for the reasonable cost to repair the damage.

11. Subletting or assignmentThe tenant has the right, with the landlord’s written consent, to sublet or assign their interestof the premises to another. The landlord cannot unreasonably withhold consent but cancharge reasonable expenses for giving consent.

13. Termination by landlord or tenant for breach of agreementIf a breach can be remedied, the landlord or tenant can issue a notice for the breach. Thenotice must be in a written form required by regulation, must detail the breach and that if thebreach is not remedied within the specified period the tenancy will end.

14. Termination for rent arrearsIf the tenant fails to pay rent, rent must be at least 14 days behind before the landlord canissue a notice of termination for the breach. The notice must be in a written form required byregulation.

15. Termination on hardship groundsEither the landlord or the tenant can apply to the South Australian Civil and AdministrativeTribunal (SACAT) to terminate a tenancy because the continuation of the tenancy wouldcause undue hardship.

16. Termination by landlord – specific reasonThe landlord can terminate the agreement by giving at least 60 days notice in the written formrequired by regulation if: possession is required for demolition; possession is required to carry out repairs or renovations that can’t be done with

reasonable convenience while the tenant remains in the premises; possession is required for personal occupation or occupation by the landlord's spouse,

child, parent, or the spouse of a child or parent; a contract for sale of the premises has been entered into under which the landlord

needs to give vacant possession to the new owner.17. Termination by landlord – no specific reason

The landlord can terminate the agreement by giving at least 90 days notice without specifyingany reason for the notice. The notice must be given in the written form required by regulation.

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18. Termination by tenant – no specific reasonThe tenant can terminate the agreement by giving at least 21 days, or a period equivalent to asingle tenancy period (whichever is longer) notice without specifying any reason for the notice.The notice must be given in the written form required by regulation.

19. InsuranceIf parties want to insure the property; the landlord would be responsible to insure theirdwelling, fixtures and fittings. The tenant would be responsible to insure their personalbelongings and furnishings.

Additional terms of agreement Insert any other terms of the agreement – a term must not contradict the tenancies legislation:

………………………………………………………………………………………………………….

………………………………………………………………………………………………………….

………………………………………………………………………………………………………….

………………………………………………………………………………………………………….

………………………………………………………………………………………………………….

………………………………………………………………………………………………………….

The landlord must give the tenant a copy of this agreement after it is signed.

Any variation to this agreement must be in writing and dated and signed by the landlord and tenant.

The landlord must keep a copy of this agreement and any variation – in paper or electronic form – for at least two years after the agreement ends.

Signature of landlord:Date:

/ /Date:

/ /

Signature of tenant/s: Make sure you read all terms of this agreement before signing

Date:

/ /

Date:

/ /Date:

/ /

For general tenancy information contact Consumer and Business Services on 131 882, or visit sa.gov.au/tenancy/renters

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