Lease Renewal Agreement (Australia)
RESIDENTIAL TENANCY RENEWAL AGREEMENT
This Residential Tenancy Renewal Agreement ("Renewal Agreement") is entered into as of [Landlord sign date] by and between [Landlord name] (the "Landlord") and [Tenant name] (the "Tenant"), collectively the "Parties", with respect to the [Property type] located at [Property address], [Suburb], [State] [Postcode] (the "Premises").
1. RECITALS.
WHEREAS, the Landlord and the Tenant entered into a residential tenancy agreement dated [Original lease date] (the "Original Agreement") for the Premises; and
WHEREAS, the Original Agreement is due to expire and the Parties wish to renew and extend the tenancy on the terms and conditions set out in this Renewal Agreement;
NOW, THEREFORE, in consideration of the mutual covenants contained in this Renewal Agreement and the Original Agreement, the Parties agree as follows:
2. RENEWAL TERM.
The Original Agreement is hereby renewed for a further [Renewal term] commencing on [Renewal start date] and expiring on [Renewal end date] (the "Renewal Term"), unless sooner terminated in accordance with the applicable Residential Tenancies Act in [State] or the terms of this Renewal Agreement. Upon expiry of the Renewal Term, the tenancy will continue as a periodic tenancy unless the Parties execute a further written renewal agreement or a notice to vacate is given in accordance with applicable legislation.
3. RENT.
During the Renewal Term, the Tenant shall pay the Landlord a weekly rent of $[New weekly rent] AUD (increased from the prior weekly rent of $[Current weekly rent] AUD), payable in advance. Rent is due each week and shall be paid by [Payment method]. All other financial obligations of the Tenant under the Original Agreement remain in full force and effect.
The rent increase set out in this Renewal Agreement has been or will be notified in accordance with the minimum notice requirements of the applicable Residential Tenancies Act. In New South Wales, this is at least 60 days' notice under section 42 of the Residential Tenancies Act 2010. Equivalent notice requirements apply in other states and territories.
4. BOND.
[Bond status]. The bond remains held by the relevant state authority — such as NSW Fair Trading, the Residential Tenancies Bond Authority (RTBA) in Victoria, or the Residential Tenancies Authority (RTA) in Queensland — and will continue to be held in accordance with the applicable Residential Tenancies Act.
5. ORIGINAL AGREEMENT TERMS.
Except as specifically modified by this Renewal Agreement, all terms, conditions, and obligations of the Original Agreement dated [Original lease date] remain in full force and effect during the Renewal Term and are incorporated into this Renewal Agreement by reference. In the event of any inconsistency between this Renewal Agreement and the Original Agreement, the terms of this Renewal Agreement prevail.
6. APPLICABLE LEGISLATION.
This Renewal Agreement is governed by the residential tenancy legislation applicable in [State], including (as relevant) the Residential Tenancies Act 2010 (NSW), the Residential Tenancies Act 1997 (VIC), the Residential Tenancies and Rooming Accommodation Act 2008 (QLD), the Residential Tenancies Act 1987 (WA), the Residential Tenancies Act 1995 (SA), and equivalent legislation in other states and territories. Any term of this Renewal Agreement that is inconsistent with the applicable Act is void to the extent of the inconsistency.
7. NOTICES.
All notices required or permitted under this Renewal Agreement must be in writing and delivered in a manner authorised by the applicable Residential Tenancies Act — including by personal delivery, registered post, or email where the recipient has consented to electronic service.
Landlord: [Landlord name], Email: [Landlord email], Phone: [Landlord phone]
Tenant: [Tenant name], Email: [Tenant email], Phone: [Tenant phone]
8. ENTIRE AGREEMENT.
This Renewal Agreement, together with the Original Agreement and any prior amendments, constitutes the entire agreement between the Parties with respect to the Premises for the Renewal Term. No variation of this Renewal Agreement is effective unless in writing and signed by both Parties.
IN WITNESS WHEREOF, the Parties have executed this Residential Tenancy Renewal Agreement as of the dates written below.
LANDLORD:
Name: [Landlord name]
Date: [Landlord sign date]
TENANT:
Name: [Tenant name]
Date: [Tenant sign date]
Landlord
________________
Signature
Date: ________________
Tenant
________________
Signature
Date: ________________
What Is a Lease Renewal Agreement (Australia)?
A Lease Renewal Agreement in Australia grants a tenant the right to occupy residential premises and records the rent, bond, term, and the repair and notice obligations of landlord and tenant under the Real Property Act 1900 (NSW).
A lease renewal agreement is typically shorter than a full tenancy agreement — it records the new rent, the new term, and any agreed changes to the original conditions, incorporating all other terms of the original agreement by reference. It is governed by the same residential tenancy legislation as the original agreement, including the applicable Residential Tenancies Act in the state or territory where the property is located.
Under Australian tenancy law, a lease renewal is treated as a continuation of the tenancy rather than an entirely new arrangement. This means that the bond already held by the relevant state authority continues to apply, the condition report from the original tenancy remains relevant to any bond dispute at the end of the renewal, and the landlord's maintenance obligations and other standard terms apply without interruption.
For both landlords and tenants, a written lease renewal agreement provides certainty and avoids disputes about the agreed terms. It also provides a clear record of any changes to the rent or conditions of the original agreement, which can be important if a dispute arises later.
The legal framework governing the Lease Renewal Agreement (Australia) in Australia draws on several key statutes and regulatory bodies. Under state and territory residential tenancies legislation, including the Residential Tenancies Act 1997 (Vic), Residential Tenancies Act 2010 (NSW), and equivalent Acts in other jurisdictions, tenancy tribunals (NCAT in NSW, VCAT in Victoria) adjudicate disputes. The Real Property Act 1900 (NSW) and Transfer of Land Act 1958 (Vic) govern property registration through state land registries. Section 52 of the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010) prohibits misleading conduct in property transactions. The Foreign Acquisitions and Takeovers Act 1975 (Cth) requires FIRB approval for foreign purchasers. Parties executing a Lease Renewal Agreement (Australia) in Australia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Real Property Act 1900 (NSW) sets the foundational requirements.
When Do You Need a Lease Renewal Agreement (Australia)?
A Lease Renewal Agreement should be used whenever a landlord and tenant wish to extend an existing residential tenancy for a further fixed period before the current agreement expires. It is particularly useful where the parties are satisfied with the existing arrangement but wish to formalise the continuation — potentially with a new rent amount or updated conditions — rather than allowing the tenancy to roll over as a periodic arrangement.
A landlord should consider offering a formal renewal agreement several weeks before the fixed-term expiry date. This gives the tenant sufficient time to consider the offer and, if a rent increase is proposed, allows the landlord to serve the required minimum notice before the new rent takes effect.
For tenants, a fixed-term renewal provides security of tenure for the renewal period, meaning the landlord cannot terminate the tenancy without cause during the fixed term (subject to the permitted grounds under the applicable Act). This is valuable in areas where rental properties are in high demand.
A renewal agreement is also appropriate when the parties wish to record agreed changes to the original tenancy, such as updated pet permissions, new maintenance obligations, or updated contact details. Having these changes in writing avoids future disputes about what was agreed.
Parties in Australia should prepare a Lease Renewal Agreement (Australia) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under state and territory residential tenancies legislation, including the Residential Tenancies Act 1997 (Vic), Residential Tenancies Act 2010 (NSW), and equivalent Acts in other jurisdictions, tenancy tribunals (NCAT in NSW, VCAT in Victoria) adjudicate disputes. The Real Property Act 1900 (NSW) and Transfer of Land Act 1958 (Vic) govern property registration through state land registries. Section 52 of the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010) prohibits misleading conduct in property transactions. The Foreign Acquisitions and Takeovers Act 1975 (Cth) requires FIRB approval for foreign purchasers. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Lease Renewal Agreement (Australia)
A well-drafted Australian Lease Renewal Agreement should include all the key elements needed to document the renewal clearly and in compliance with the applicable Residential Tenancies Act.
The parties and premises section should identify the landlord and tenant by their full legal names — exactly as they appear on the original tenancy agreement — and clearly describe the rental premises by their full address including suburb, state, and postcode.
The original agreement section should reference the original tenancy agreement by its date, confirming that the renewal extends that agreement for a further term and incorporates its terms by reference.
The renewal term section must specify the commencement date and the expiry date of the renewal period, together with the agreed duration (for example, 12 months). The commencement date is usually the day after the original fixed term expires.
The rent section must state the new weekly rent for the renewal period. If the rent is being increased, the parties should confirm that the required notice period has been observed in accordance with the applicable Act before the increase takes effect.
The bond section should record that the bond held by the relevant state authority continues to apply for the renewal period, and should note whether a top-up is required as a result of any rent increase.
The break fee clause (where applicable) should specify the break fee payable if the tenant vacates before the expiry of the renewal term, in accordance with the prescribed break fee scale under the applicable Act.
The additional terms section should record any agreed changes to the original tenancy conditions — such as updated pet permissions or maintenance obligations — that will apply during the renewal period.
The governing legislation section should identify the applicable Residential Tenancies Act and confirm that the renewal is subject to its mandatory provisions.
Additional compliance elements for a Lease Renewal Agreement (Australia) used in Australia include: Under state and territory residential tenancies legislation, including the Residential Tenancies Act 1997 (Vic), Residential Tenancies Act 2010 (NSW), and equivalent Acts in other jurisdictions, tenancy tribunals (NCAT in NSW, VCAT in Victoria) adjudicate disputes. The Real Property Act 1900 (NSW) and Transfer of Land Act 1958 (Vic) govern property registration through state land registries. Section 52 of the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010) prohibits misleading conduct in property transactions. The Foreign Acquisitions and Takeovers Act 1975 (Cth) requires FIRB approval for foreign purchasers. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
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year = {2026},
howpublished = {\url{https://forms-legal.com/australia/real-estate/leases/lease-renewal-agreement-australia}},
note = {Free legal document template. Based on Real Property Act 1900 (NSW)}
}Also available for these jurisdictions:
Frequently Asked Questions
When a fixed-term residential tenancy agreement expires in Australia, the tenancy does not automatically end. Unless either party has given notice to terminate, the tenancy generally continues as a periodic tenancy — typically week to week or fortnight to fortnight depending on how rent is paid — under the same terms as the original agreement. Under the Residential Tenancies Act 2010 (NSW), the Residential Tenancies Act 1997 (VIC), and the Residential Tenancies and Rooming Accommodation Act 2008 (QLD), a periodic tenancy can be ended by either party giving the appropriate notice. Alternatively, the parties may choose to sign a new fixed-term agreement or a formal lease renewal agreement to extend the tenancy for a further fixed period. Under Australia law, Real Property Act 1900 (NSW), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under state and territory residential tenancies legislation, including the Residential Tenancies Act 1997 (Vic), Residential Tenancies Act 2010 (NSW), and equivalent Acts in other jurisdictions, tenancy tribunals (NCAT in NSW, VCAT in Victoria) adjudicate disputes. The Real Property Act 1900 (NSW) and Transfer of Land Act 1958 (Vic) govern property registration through state land registries. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
No, the bond does not need to be re-lodged when a residential tenancy is renewed. The bond paid at the start of the original tenancy continues to be held by the relevant state authority — such as NSW Fair Trading, RTBA in Victoria, or the RTA in Queensland — for the duration of the renewal. However, if the rent increases as part of the renewal and the new rent would justify a higher maximum bond amount, the landlord may be entitled to request a bond top-up. In most Australian states, the maximum bond is four weeks' rent, so if the new weekly rent is higher, the landlord may ask the tenant to top up the bond to reflect the new rent. Any additional bond must be lodged with the relevant authority within the prescribed period. Under Australia law, Real Property Act 1900 (NSW), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under state and territory residential tenancies legislation, including the Residential Tenancies Act 1997 (Vic), Residential Tenancies Act 2010 (NSW), and equivalent Acts in other jurisdictions, tenancy tribunals (NCAT in NSW, VCAT in Victoria) adjudicate disputes. The Real Property Act 1900 (NSW) and Transfer of Land Act 1958 (Vic) govern property registration through state land registries. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
A landlord may agree with the tenant on a higher rent for the renewal period, but the increase must comply with the applicable Residential Tenancies Act. In most Australian states, at least 60 days' written notice of the increase must be given before it takes effect — this requirement applies in NSW (s 42 Residential Tenancies Act 2010), VIC, QLD, WA, and SA. Additionally, rent may not be increased more than once in any 12-month period in most states. A lease renewal document should not be used to circumvent these notice requirements: if the parties agree on a higher rent as part of the renewal, a separate compliant rent increase notice must be issued if the required notice period has not already been observed. Under Australia law, Real Property Act 1900 (NSW), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under state and territory residential tenancies legislation, including the Residential Tenancies Act 1997 (Vic), Residential Tenancies Act 2010 (NSW), and equivalent Acts in other jurisdictions, tenancy tribunals (NCAT in NSW, VCAT in Victoria) adjudicate disputes. The Real Property Act 1900 (NSW) and Transfer of Land Act 1958 (Vic) govern property registration through state land registries. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
A break fee is a prescribed fee payable by a tenant who vacates a fixed-term tenancy before the expiry of the fixed term. In New South Wales, the Residential Tenancies Act 2010 sets out a sliding-scale break fee: six weeks' rent if the tenant vacates in the first 25% of the agreement, four weeks' rent in the second 25%, two weeks' rent in the third 25%, and one week's rent in the final 25%. In Victoria, the break fee is calculated based on the remaining term. A break fee clause in a renewal agreement must comply with the applicable Act and cannot exceed the prescribed amount. In states where break fees are not prescribed by legislation (such as Queensland), the landlord may instead claim re-letting costs and loss of rent as compensation for early termination. Under Australia law, Real Property Act 1900 (NSW), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under state and territory residential tenancies legislation, including the Residential Tenancies Act 1997 (Vic), Residential Tenancies Act 2010 (NSW), and equivalent Acts in other jurisdictions, tenancy tribunals (NCAT in NSW, VCAT in Victoria) adjudicate disputes. The Real Property Act 1900 (NSW) and Transfer of Land Act 1958 (Vic) govern property registration through state land registries. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
A lease renewal agreement and a new tenancy agreement achieve a similar outcome — extending the tenancy for a further fixed term — but they differ in form and structure. A renewal agreement is typically a shorter document that references the original tenancy agreement and records only the changes to the terms (such as the new rent and the new end date), incorporating all other terms of the original agreement by reference. A new tenancy agreement is a complete fresh agreement. Both must comply with the mandatory provisions of the applicable Residential Tenancies Act. In practice, many landlords and property managers use a formal renewal agreement or a renewal schedule attached to the original agreement, rather than preparing an entirely new tenancy document, particularly for established tenancies where the parties are satisfied with the original terms.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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