Short-Term Holiday Rental Agreement (Australia)

Create a legally compliant Residential Tenancy Agreement for any Australian state or territory. Covering landlord and tenant rights, rent, bond, condition report, maintenance obligations, break fees, and termination procedures in accordance with the NSW Residential Tenancies Act 2010, VIC Residential Tenancies Act 1997, QLD Residential Tenancies and Rooming Accommodation Act 2008, and equivalent state legislation.

Create a comprehensive Australian Commercial Lease Agreement covering permitted use, rent and GST, CPI and market rent reviews, outgoings, bank guarantee, make good obligations, assignment conditions, insurance requirements, and option to renew. Compliant with state-specific Retail Leases Acts (NSW, VIC, QLD, WA, SA) and the GST Act 1999.

A Property Management Agreement is the legal contract between a residential property owner (landlord) and a licensed real estate agent or property management company that authorises the agent to let and manage the owner's rental property on their behalf. In Australia, real estate agents who manage rental properties must hold a current real estate agent's licence issued by the state or territory licensing authority. Unlicensed property management is prohibited in all Australian states and territories. In New South Wales, the regulation of real estate agents and property managers is governed primarily by the Property and Stock Agents Act 2002 (NSW) (the PSA Act) and the Property and Stock Agents Regulation 2022 (NSW). The PSA Act requires that any person who carries on the business of a real estate agent or who acts as a real estate agent must hold a licence issued by NSW Fair Trading. Licensed agents must be covered by professional indemnity insurance, must maintain a statutory trust account for all money held on behalf of clients, and must comply with the mandatory obligations set out in the PSA Act, including rules about the maximum fees chargeable and the format of agency agreements. In Victoria, real estate agents and property managers are regulated by the Estate Agents Act 1980 (VIC) and the Estate Agents (General, Accounts and Audit) Regulations 2018 (VIC). Consumer Affairs Victoria administers the licensing regime. Victoria requires a separate agents' representative certificate for employees who carry out real estate functions under the supervision of a licensed estate agent. All rental trust money must be held in a dedicated trust account that is audited annually. In Queensland, real estate agents are regulated by the Property Occupations Act 2014 (QLD) and the Property Occupations Regulation 2014 (QLD), administered by the Office of Fair Trading. A similar licensing regime applies in Western Australia under the Real Estate and Business Agents Act 1978 (WA) and in South Australia under the Land Agents Act 1994 (SA). A key obligation under Australian property agent licensing legislation is the requirement that agents maintain all client money in a dedicated trust account held with an approved financial institution. Agents must not mix client funds with the agency's own funds, and must account to the owner for all money received and disbursed. Monthly rental statements must detail all receipts, disbursements, fees, and charges. In most states, trust accounts are subject to annual external audit requirements. The management fee is the principal ongoing charge under a property management agreement. In Australia, management fees are typically charged as a percentage of gross rent collected each month, rather than a flat fee. Market rates vary by state and property type, but are commonly in the range of 7% to 12% of gross rent collected plus GST in most Australian capital cities. In addition to the ongoing management fee, agents typically charge a letting fee (also called a tenanting fee) for finding and placing a new tenant, which is commonly set at one to two weeks' rent plus GST. The management agreement must also set out the scope of the agent's authority regarding maintenance and repairs. In most states, the applicable Residential Tenancies Act requires the landlord to maintain the property in a reasonable state of repair, and the agent acts as the landlord's authorised representative in coordinating repairs with tradespeople. To protect the owner from unauthorised expenditure, the agreement should set a maintenance authorisation limit — the maximum amount the agent can spend on a single repair without the owner's prior written approval — with a carve-out for urgent and emergency repairs required to preserve the safety of tenants or prevent serious damage to the property. The agent is also responsible for managing the bond. In New South Wales, bonds must be lodged with NSW Fair Trading within ten days of receipt. In Victoria, bonds must be lodged with the Residential Tenancies Bond Authority (RTBA) within ten business days. In Queensland, bonds are lodged with the Residential Tenancies Authority (RTA). The agent holds the bond in trust and is responsible for claiming against the bond (with the tenant's consent or a tribunal order) at the end of the tenancy for unpaid rent or damage beyond fair wear and tear. This template is designed for the management of residential rental property in any Australian state or territory. Both the owner and agent should carefully negotiate and document the fee structure, the scope of the agent's authority, and the termination provisions before signing. The agreement should be reviewed by a solicitor familiar with the applicable state legislation to ensure compliance with any mandatory terms imposed by the PSA Act (NSW) or equivalent state legislation.

A Property Condition Report is the legally required document that records the state of a rental property at the start and end of a residential tenancy in Australia. It serves as the primary reference point for determining whether any damage has occurred during the tenancy beyond fair wear and tear, and is therefore the critical document in any dispute about bond deductions. Every residential landlord in Australia is legally required to prepare and provide a condition report to the tenant at the commencement of each tenancy, and a comparable outgoing inspection is conducted at the end of the tenancy to compare the property's condition. The legal requirement to prepare and provide a property condition report to the tenant is set out in section 29 of the Residential Tenancies Act 2010 (NSW). Under this provision, a landlord must give the tenant a written condition report documenting the state of repair and general condition of the premises before or at the time the tenant is given access to the premises. The tenant then has three business days (in New South Wales) to review the report, make any comments or amendments, and return a signed copy to the landlord. The landlord must retain a signed copy of the ingoing condition report for the duration of the tenancy. In Victoria, the equivalent obligation is found in section 35 of the Residential Tenancies Act 1997 (VIC), which requires the landlord to give the tenant a condition report at the commencement of the tenancy. Victoria has specific prescribed forms for condition reports that are available from Consumer Affairs Victoria, and the form requires detailed room-by-room assessments. In Queensland, section 65 of the Residential Tenancies and Rooming Accommodation Act 2008 (QLD) requires the lessor to give the tenant a general condition report and a pool condition report (if applicable) at the commencement of the tenancy. The RTA in Queensland provides standard forms for this purpose. The bond is directly linked to the condition report. At the commencement of the tenancy, the landlord collects a security bond (capped at four weeks' rent in most Australian states) and must lodge it with the relevant state bond authority: NSW Fair Trading in New South Wales, the Residential Tenancies Bond Authority (RTBA) in Victoria, and the Residential Tenancies Authority (RTA) in Queensland. The bond is held by the authority on trust for both the landlord and the tenant, and can only be released with either the written consent of both parties or an order of the applicable tenancy tribunal. At the end of the tenancy, the landlord or agent conducts an outgoing inspection and compares the current condition of the property against the ingoing condition report. Any deterioration in condition that goes beyond fair wear and tear is the tenant's responsibility and may be claimed against the bond. Fair wear and tear refers to the normal deterioration of a property resulting from ordinary use — scuffs on walls from furniture, minor carpet flattening, and faded paintwork are typical examples of fair wear and tear that cannot be charged to the tenant. Damage caused by the tenant or their guests — such as holes in walls, burns, broken fixtures, or staining caused by neglect — can be claimed against the bond. The condition report is the single most important document in resolving bond disputes. If the landlord claims a bond deduction for damage, and the tenant disputes that the damage was present at the end of the tenancy, the tenancy tribunal will compare the ingoing condition report against the outgoing report. If the ingoing report recorded the item as being in good condition and the outgoing report documents damage, the evidence supports the landlord's claim. If the ingoing report was poorly completed, failed to record the initial condition of the item, or cannot be found, the tribunal may reject the landlord's bond claim on the basis that the landlord cannot prove the damage did not exist at the start of the tenancy. For property managers, completing a thorough and accurate ingoing condition report is one of the most important services they provide to the landlord. Photographs taken at the commencement of the tenancy (and cross-referenced against the condition report) significantly strengthen the landlord's position in the event of a bond dispute. In New South Wales, photographs are now required to be provided to the tenant as part of the condition report under the Residential Tenancies Regulation 2019 (NSW). This template is designed for use by landlords, property managers, and tenants in any Australian state or territory. It covers all major areas of a residential property including entry, hallway, living and dining rooms, kitchen, laundry, bedrooms, bathrooms, and external areas, and provides fields for recording the condition of each area with supporting notes. It also includes a bond lodgement reminder section to assist both landlords and tenants in understanding their rights and obligations in relation to the bond.

Protect your business from liability for recreational activities under Australian law. Covers Australian Consumer Law (ACL) limitations on excluding liability, section 139A CCA 2010 recreational services exception, voluntary assumption of risk, Civil Liability Acts (state-specific), contributory negligence, indemnity, and photo/media consent.