Tenancy Agreements the EASY WAY

Australian Residential Tenancy Agreements

Each of the states of Australia have passed legislation under the relevant residential tenancies Act to govern residential tenancies. In each states residential tenancy agreements are governed by the respective Act although some agreements are excluded from the operations of the Act.For example a situation where the tenant has an agreement to buy the premises. In addition some kinds of premises subject to a residential tenancies agreement may not be governed by the Act. These may include hotels or holiday houses, where in other states the legislation may extend to mobile homes, caravan parks and boarding houses.

A prescribed standard form of agreement is provided for by some of the residential tenancies act. These standard forms set out the minimum rights and obligations of the landlord and the tenants and must form part of any residential tenancy agreement be it in writing or by way of a a verbal understanding. These minimum provisions deal with
 the payment and amount of rent, where and when the rent should be paid and may also provide for rental increases
 the term of the agreement and what should happen when the term ends
 the landlords access to the premises and under what circumstances the landlord or landlord’s agent may enter the premises
 the administration of security bonds
 the tenants right to quiet enjoyment of the property
 and the tenants obligations to look after the premises during the term of the lease
 the procedures under which the tenancy may be terminated leading to the landlords recovery of the property

The parties involved in a residential tenancy agreement have the option to insert additional terms to the prescribed agreement BUT only if those terms do not contravene the relevant Act. Any additional terms may be void if it is found they are inconsistent with the prescribed form or the relevant Act. So in effect parties to Residential Tenancy Agreement cannot contract out of their obligations.

Below is a list of more specific details for some states:-

New South Wales Residential Tenancies

Victoria Residential Tenancies

Tasmania Residential Tenancies

For those who love their research you will find the relevent Residential tenancies act here

• Australian Capital Territory – Residential Tenancies ACT 1997
• New South Wales – Residential Tenancies Act 1987
• Queensland – Residential Tenancies Act 1994
• South Australia – Residential Tenancies Act 1995
• Tasmania – Residential Tenancy Act 1997
• Victoria – Residential Tenancies Act 1997
• Western Australia – Residential Tenancies Act 1987

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Put your negotiations in writting

Growing your evolving business is a journey of discovery that can provide financial security and much personal satisfaction. Your growth will depend on mastering several skills and the ability to negotiate an effective outcome in business dealings cannot be underestimated.

The negotiations you complete today become part of your written agreement tomorrow.
No matter who you are dealing with, whether it’s a new contact or an old and trusted friend its important the parties understand the ramifications and obligations they are agreeing to undertake.

Obviously, nobody can be expected to remember every detail, and despite the best of
intentions, relying completely on our memory is a sure way to forget some obligations or even have doubts as to whether the other party fulfilled them.

Putting your agreements in writing makes good sense because it can prevent costly oversights, which often occur in verbal contracts. Written contracts remove the elements of doubt by spelling out what is expected of each party and minimising the possibility of a misunderstanding being the cause of a falling out.

Clarity, simplicity, and readability should be the goal in legal documents. It is well established that courts will decide the intent of the parties by looking firstly to the plain meaning of the written words. Thus the magistrate will only hear testimony about what parties now say they intended if the words are ambiguous. So by keeping your agreement simple it is less likely to be misconstrued and more likely to be upheld by a court of law should the need ever arise.

Here we’ve devoted some time and cyberspace to outline the use and proper application of some of the more popular contracts used in business today. Taking the time to understand when to use a particular agreement will go a long way to fostering your success.

How are commercial property leases made

COMMERCIAL PROPERTY LEASE

Whether you are going into business or want to rent a property to tenants, you are going to have to enter a lease agreement. Commercial lease agreements are necessary whenever you intend to rent a property for commercial use, or when you want to fill your commercial space with paying tenants. No matter which side of the equation you are on, there are qualities to commercial property rental agreements you will need to know before you enter one. Even if you are just looking for a simple lease of some office space or buying a property to lease it as commercial property, be ready before you take that step. Here is what you need to know:

• WHAT IS A COMMERCIAL PROPERTY LEASE? Just like any other lease, be it for a car, flat or home, commercial property leases allow landlords and tenants to enter an agreement where the tenant can use the space and pay the landlord rent for that privilege. The difference is commercial properties are for business purposes. No matter if it is a dentist’s office, a factory or a store, if you want to use a space for commerce purposes, you’ll have to enter a commercial lease.

• WHEN CAN I USE A COMMERCIAL LEASE? If you want to rent a property out for commercial purposes, or if you want to rent such a space, you’ll need a commercial lease. Because commercial endeavours usually see much higher traffic (customers, deliveries, employees.) These leases are to regulate the property and the special conditions that arise in commercial spaces. Commercial leases are distinctly different from residential leases, and you need to be aware of this.

• WHAT MAKES A COMMERCIAL LEASE DIFFERENT FROM A RESIDENTIAL LEASE? Commercial properties are intended to be used as business spaces. No matter if it’s a convenience store, a tailor shop or a factory, all of them place special demands on the owner and the tenant. Commercial leases typically have special clauses stating what activities can go on, who is permitted on the site, safety and security concerns, privacy rights and landlord access rights, as well as other business-specific clauses. Even office space leases will typically have many such clauses and conditions.

• WHAT NEEDS TO BE STATED IN THE LEASE? There is a lot that needs to go into any lease for a commercial property. Since it will hold a business, Commercial Leases often last for many years at a time. They also need to explicitly state the terms of liability, renewal, assignment rights and other issues. Commercial leases are typically much longer than residential leases, and their individual clauses are designed to meet the needs of the businesses that plan to operate on the property.

Business may be complicated. If you want to rent office space or store-front space, you need to be sure your lease gives you enough latitude so you can run your business your way. But also enough security to make sure you can’t be kicked out at will. If you are a landowner, you want to make sure you protect your property and not compromise its value by renting to a party that will cause you problems. Either way, knowing how to make a complete Commercial Property Lease is essential.

Commercial Property Lease Agreement

Commercial Property Sub-Lease Agreement

Loan Agreements – What you need to know

SECURED LOAN AGREEMENT

Whenever you want to make a major purchase, be it a car, boat or home, you are most likely going to get a loan. Whether you get one from a bank, a mortgage company or your Uncle Tommy, the loan giver will probably want to make sure their interests are protected if you can’t pay. As well as charging you interest, they are most likely going to ask you to sign a Secured Loan Agreement. If you are applying for a loan or are considering giving one, you need to know what a secured loan is and how you can use it.

• WHAT IS A SECURED LOAN? A secured loan is one where the loan giver (the creditor) agrees to give the person receiving funds (the guarantor), and in return receives a right in other property. This right to other property could include a home, the equity already in a home or a car. When you enter a secured loan, you are telling the creditor that you will pay according to the loan agreement. If you do not, the creditor can take the property (commonly called collateral) you have used to secure the loan. This is most commonly found in car loans, home mortgages, etc. If you do not pay as agreed, the creditor has the right to repossess the car or foreclose on the home.

• WHAT IS THE DIFFERENCE BETWEEN A SECURED LOAN AND AN UNSECURED LOAN? A secured loan is one where collateral is supplied by the loan recipient. In the case the recipient is not able to pay and goes into default, the collateral will be kept by the loan grantor to satisfy the loan. A non-secured loan is where the grantor allows the loan recipient the funds without taking collateral. The most common unsecured loan is a credit card. When you use a credit card, you are not asked to provide capital, you just promise to repay the funds. Secured loans are different in that they need some collateral or other security—other than just a promise—before you can receive the loan.

• WHAT INCLUSIONS MUST IN THE SECURED LOAN AGREEMENT? Secured Loan Agreements need to have some specific information in them. As well as the amount loaned, the interest and the manner of payments, Secured Loan Agreements should make it clear duties the grantor and the creditor have to each other. How are defaults handled? What happens in the event of damage? What can the grantor do with the secured property? A Secured Loan Agreement will make all of these clear so both parties are sure of their position, rights and responsibilities.

Secured Loan Agreements are an almost necessary part of living. Most home or car buyers do not have the funds to buy a property outright. The only reasonable way for many people to own these is through a secured loan. These Secured Loan Agreements can be complex, important documents. No matter if you are a potential creditor or guarantor, you will need to know what the document states and make sure it does what you want it to do.

Secured Loan Agreement

Motor Vehicle and Equipment rental Agreements

How to rent a motor vehicle or equipment and draft a rental agreement.

Whether you want to open you own Jet Ski rental shop, need to use some temporary scaffolding or simply want to rent a car while yours is out for repair, you’ll need to use an Equipment Rental Agreement. These agreements can cover almost anything, and can be used by anyone who wants to rent equipment, be they renter or owner. No matter if it’s a car, computer or camera, if the owner of the property is letting someone else use that property, and charging them a fee to do it, they’ll need an Equipment Rental Agreement.

• WHAT DOES AN EQUIPMENT RENTAL AGREEMENT DO? Exactly what it sounds like it does. It allows two parties to enter into an agreement where one party uses the other party’s property for a specific time. The Rental Agreement states how much the rental costs, how long it lasts, who can use the equipment. It’s a simple, yet essential document whenever you want to rent equipment, vehicles or other non-real estate properties.

• WHO CAN ENTER A RENTAL AGREEMENT? Usually, anyone can rent or allow to be rented a piece of property. With age requirements, there may be security deposits, insurance information or other necessary conditions that must be met before the equipment can be used. If more than one person is going to use the equipment, they will probably have to give the rental agent the required information as well.

• HOW DO I USE AN EQUIPMENT RENTAL AGREEMENT? All you need to do to use these agreements is make sure they express your needs. If you are renting the equipment, you’ll want to keep an eye out for late fees and other clauses that can cost you more money than the first rental amount. If you are the owner of the property, make sure the renters know about and understand everything in the agreement before you rent to them.

• WHAT NEEDS TO BE WRITTEN INTO THE AGREEMENT? Whenever renting equipment, both parties will want to make sure their interests are protected. If you are an owner, you need to protect yourself against liability, make sure you consider potential damage or loss of value, as well as many other factors. If you are renting the equipment, you’ll want to know what you need to do if you need extra time, or how and when to return the equipment so you don’t incur a late fee.

• CAN’T I JUST MAKE AN ORAL AGREEMENT? Of course you can, but you’d be better off with a written one. Oral agreements are notoriously difficult to enforce, not to mention people will often forget, or remember differently. The number of disputes that have come from two people remembering an event differently is many. All you have to do to prevent this from happening is make sure you have a proper written agreement, one that everyone can understand.

Renting equipment for fun or work is a simple, cost-effective way of using something you don’t want to buy. Renting equipment to others can be a great way to start a business. Either way, if you are renting to others or renting something for your own use, you need to make sure the terms of any Equipment Rental Agreement are clear and understandable. You’ll be glad you did.

Motor Vehicle Rental Agreement

Truck Rental Agreement

Equipment Rental Agreement

Mutual Confidentiality Agreements

How to ensure non-disclosure and protect your ideas with a Confidentiality Agreement.

Suppose you are just getting to bed. All the day’s activities and tomorrow’s plans have finally managed to settle down to the point where you are almost able to fall asleep. Then it suddenly hits you: The single greatest idea since the invention of ideas! You get that flash of inspiration you know will turn your life on its ear and revolutionise the world. Congratulations! But now what? If your idea is half as great as you believe it is, how can you talk about it to someone and be sure they are not going to steal it for themselves? The answer is simple: you need a Confidentiality Agreement.

• WHAT IS A MUTUAL CONFIDENTIALITY AGREEMENT? Put simply, a Confidentiality Agreement is a written contract stating the people you talk to will not be able to take your idea and use it for themselves. Ideas have value, and your ideas are no different. A Confidentiality Agreement allows you to talk about your idea safely. A Mutual Confidentiality Agreement is simply an agreement that binds both parties.

• WHEN SHOULD I USE A CONFIDENTIALITY AGREEMENT? Since you can’t patent or copyright an idea, you need to be sure your ideas are protected. The best way to do this is with a Confidentiality Agreement. Whenever you have an idea you believe is valuable and you want to talk about it to another party, you need a Confidentiality Agreement

• HOW DO I ENTER INTO A CONFIDENTIALITY AGREEMENT? Whenever you plan to talk about your idea with someone, you should have them read and sign a Confidentiality Agreement. For example, let’s say you have come up with a great invention but you are not sure how to go about making it. If you go talk to an adviser to ask them what your next step should be, you need to make sure that adviser will sign a Confidentiality Agreement. If they won’t, it’s best that you move on.

• WHAT DO I NEED TO INCLUDE IN THE AGREEMENT? The agreement needs several clauses and conditions for it to be effective. First, you need to make clear what the person you talk to can and can’t reveal. Each party needs to know the information discussed is confidential, and that by revealing or using it, they will violate the contract. A good Confidentiality agreement will be precise enough to protect your ideas while being flexible enough to allow you the freedom you need to follow them.

• CAN’T I JUST MAKE AN ORAL AGREEMENT? Of course. But making an oral agreement and enforcing it are two different things. Oral agreements are all too often little more than paper tigers. A written agreement is the best way to protect yourself.

Coming up with a great idea or invention is just the first step. To be sure your idea is practical, you need to research, and research means talking to the right people. No matter if its an idea for a movie script, a new recipe or a better mouse-trap, your idea needs protection. There is nothing worse than coming up with a brilliant idea, only to see someone else reap the rewards because you didn’t take your own idea seriously. Ideas are big business. Even if it seems silly or slightly paranoid, you owe it to yourself to give your ideas the respect they deserve.

Mutual Confidentiality Agreement