Property Condition Report (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.

A Notice to Vacate is a formal written notice issued by a landlord requiring a tenant to leave a rental property by a specified date. In Australia, the right to issue a notice to vacate — and the minimum notice periods that must be observed — is governed by the residential tenancy legislation in each state and territory. Landlords who fail to follow the prescribed notice periods and procedural requirements risk having the notice declared invalid by the relevant tribunal. Under the Residential Tenancies Act 2010 (NSW), a landlord who wishes to terminate a periodic tenancy without providing a specific reason must give 90 days' written notice. Where the ground for termination is a breach of the agreement by the tenant, the required notice period is shorter: for example, 14 days' notice applies in cases of non-payment of rent or serious damage to the property. A landlord who requires the property for their own use must give 90 days' notice for a periodic tenancy. At the end of a fixed-term agreement, the landlord must give at least 30 days' notice if they do not wish to renew the tenancy. In Victoria, under the Residential Tenancies Act 1997, the framework is similar but the notice periods differ. A landlord terminating a periodic tenancy without cause must give 60 days' notice. For non-payment of rent, the notice period is 14 days. The Victorian legislation also specifies notice requirements for renovation, demolition, and the landlord's own use, all requiring a minimum of 60 days. In Queensland, under the Residential Tenancies and Rooming Accommodation Act 2008, a landlord terminating a periodic tenancy without cause must give two calendar months' notice. For a fixed-term agreement, the landlord must give two months' notice before the end date if they do not intend to offer a further tenancy. Notice periods for breaches such as non-payment of rent are shorter — generally seven days for rent arrears. In Western Australia, South Australia, and Tasmania, similar provisions apply under their respective Residential Tenancies Acts, with notice periods varying by ground and tenancy type. A valid notice to vacate must be in writing and must include the address of the premises, the reason for the notice (where required), the date by which the tenant must vacate, and the landlord's contact details. In some states, the notice must also refer to the specific ground or section of the Act under which it is being issued. The notice must be served in a manner permitted by the relevant Act — typically by personal delivery, registered post, or email (where the tenant has consented to electronic service). If the tenant does not vacate by the date specified in a valid notice, the landlord must apply to the relevant tribunal for a possession order. In New South Wales, this is the NSW Civil and Administrative Tribunal (NCAT); in Victoria, it is the Victorian Civil and Administrative Tribunal (VCAT); and in Queensland, it is the Queensland Civil and Administrative Tribunal (QCAT). A tribunal will generally only make a possession order if the notice was validly issued and properly served, and the grounds stated in the notice are established. For landlords, using a clear and properly drafted notice to vacate helps ensure the notice is legally valid and reduces the risk of a successful challenge by the tenant. For tenants, receiving a notice to vacate does not necessarily mean you are required to leave immediately — you should check the notice period, the stated ground, and whether the applicable notice periods have been complied with. If you have any doubt about the validity of the notice you have received, you should seek advice from your state's tenant advisory service, community legal centre, or a solicitor experienced in tenancy law. This template is designed to assist landlords in preparing a clear, properly documented notice to vacate that complies with the general requirements of Australian residential tenancy legislation. It should be reviewed and adapted to reflect the specific requirements of the state or territory in which the property is located.

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 Short-Term Holiday Rental Agreement is the legal contract used in Australia for the letting of a furnished residential property for a short holiday period, typically less than three months. This type of agreement is fundamentally different from a standard residential tenancy agreement — it is a licence to use the property for holiday purposes, not a grant of exclusive possession as a home. This distinction is legally significant because genuine holiday lettings are generally excluded from the consumer protection provisions of the residential tenancies legislation in all Australian states and territories. In New South Wales, the key exclusion is found in section 8(1)(b) of the Residential Tenancies Act 2010 (NSW), which provides that the Act does not apply to a tenancy under an agreement for the use of premises for a holiday. A similar exclusion applies under the Residential Tenancies Act 1997 (VIC) and corresponding legislation in other states. The effect of this exclusion is that holiday rental guests do not have the same rights as residential tenants — they cannot seek orders from the tenancy tribunal regarding rent, bond claims, or repairs in the same way that residential tenants can, and the host is not bound by the minimum standards applicable to residential landlords under the Residential Tenancies Acts. The regulation of short-term rental accommodation has changed significantly in recent years in response to the rapid growth of online booking platforms such as Airbnb, Stayz, and VRBO. New South Wales introduced the Short-term Rental Accommodation Code of Conduct 2021 (the NSW STRA Code), which commenced on 1 November 2021. The NSW STRA Code is mandatory and applies to all short-term rental accommodation in NSW with a rental period of less than 90 consecutive days. The Code creates obligations for both hosts and guests and establishes an Exclusions Register maintained by the NSW Department of Fair Trading. Hosts who engage in serious or repeated breaches of the Code may be listed on the Register and banned from hosting short-term rental guests. Guests who engage in serious breaches — such as causing significant damage, holding prohibited events, or seriously disturbing neighbours — may similarly be listed and prevented from making future short-term rental bookings. In addition to the NSW STRA Code, short-term rental accommodation in New South Wales is now regulated by state environmental planning policies that place limits on the number of days per year that a dwelling that is not the host's principal place of residence can be used for short-term rental. These day limits vary by local government area. In Greater Sydney (excluding the City of Sydney local government area), the cap is 180 days per year. The City of Sydney has implemented a 90-day cap. Rural and regional councils may impose their own caps or require development consent for short-term rental use. In Victoria, the government introduced registration requirements for short-term rental accommodation properties from January 2023. All short-term rental accommodation properties in Victoria must be registered with the Victorian Government's STRA Register. Victoria also introduced a Short Stay Levy (a tax of 7.5% of revenue from short-stay accommodation bookings), which came into effect on 1 January 2025 under the Short Stay Levy Act 2024 (VIC). In Queensland, short-term rental accommodation is regulated primarily at the local government level, with councils having the power to require development approval for certain types of short-term rental use. In Western Australia, the Tourism WA Act 1983 requires operators of paid accommodation for more than a prescribed number of guests to be registered with Tourism WA. A well-drafted short-term holiday rental agreement must address the core commercial terms — the rental period, the nightly rate, the security bond, the booking deposit, and the cancellation policy — as well as the specific house rules and conditions that apply to the property. The maximum occupancy limit is particularly important because exceeding the permitted occupancy can breach local council regulations and strata by-laws, and can expose the host to significant liability. The agreement should also clearly set out the host's obligations to provide the property in a clean and safe condition, and the guest's obligations to care for the property and return it in the same condition at the end of the rental period. This template is suitable for private hosts, Airbnb-style operators, and professional holiday letting managers who want to document the terms of a short-term rental of a furnished residential property in any Australian state or territory. Hosts operating in New South Wales should ensure they are compliant with the NSW STRA Code and any applicable local government restrictions on short-term rental use before letting their property.

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.