LEGISLATION

Inconsistent tenancy terms

The gist of the legislation

A residential tenancy agreement term is void if it is inconsistent with the Act.

The important parts, at a glance

We’ve picked out the key parts of the legislation and made them as easy as possible to read and understand.

If you'd like to read the full legislation, click here >

1.

A tenancy agreement term is void if it contradicts what is in the Act and has not been endorsed by the ACAT. For example, the owner has advised tenant has to pay for water consumption if property is not separately metered.

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2.

You can apply in writing to the ACAT to seek endorsement of inconsistent tenancy terms.

3.

The tenant must agree with the proposed terms. All parties involved are part of the application for endorsement of changed terms.

4.

The ACAT will likely only endorse inconsistent terms that don’t negatively impact the tenant’s ability to live comfortably in the property. For example, the garden shed cannot be used by the tenants.

5.

If there is an issue that goes to the ACAT relating to the term that hasn’t been endorsed, the ACAT may rule the term to be void. For example, if the access to the garden shed term was ruled void the owner would need to provide access to it.

6.

There are no costs involved in applying for an amended term to be endorsed.

  1. There is a reason that the terms in the Act exist and it's the role of the ACAT to enforce them. Be mindful when you are considering changing the terms, the ACAT will likely not consider anything that will set a precedent or that blatantly rejects the current Act terms.
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  2. Follow the process to get changed terms endorsed. The endorsement process exists to ensure the agreement is fair. Having said that, in most cases where it doesn’t negatively impact the tenant, and the owner and tenant agree to it at the time of signing the agreement, then an added term to the agreement will generally not become an issue during a tenancy. Most tenants are reasonable, provided they know and understand what they are agreeing to.