The Residential Tenancy Act outlines standard terms that must be reflected in every tenancy agreement in the ACT. These 100 terms detail everything from the duration of the tenancy to the bond arrangements and the conditions for termination. Some landlords, however, still want to add more.
Is this allowed? The answer is – it depends. While some additional terms are considered ‘consistent with the standard terms,’ others are not.
Terms that are consistent with the standard terms
If a term is consistent with those already laid out in the standard terms, you don’t need to consult the Tribunal first.
For example, a few of the standard terms relate to tenants having exclusive possession of the premises. Therefore, if you wanted to add a term that extended this to say, a parking space or a locker in a common gym area, this would be acceptable.
Terms that are inconsistent with the standard terms
A landlord has the right to add words and terms to a residential tenancy agreement, but they’ll be void unless the Tribunal endorses them. That’s because if terms are considered inconsistent with the standard terms, they’ll have no effect.
Some terms – such as no smoking or no pets – have been endorsed in the past so are already formally approved. To find out about these or evaluating any terms you’d like to add, contact the ACT Civil and Administrative Tribunal.