Occupancy Agreement

Terms

  1. Condition of the Premises   Management agrees to provide and maintain the premises so that they are in a reasonable state of repair, are reasonably clean and reasonably secure.  Refer to Occupancy Principle 1
  2. House Rules   The occupant agrees to comply with the House Rules of the boarding house which are listed in the Statement of House Rules. House Rules may not be inconsistent with the Occupancy Principles and are not enforceable if they are inconsistent.  Refer to Occupancy Principle 2
  3. No Penalties   The occupant is not required to pay a penalty for a breach of this Occupancy Agreement or the House Rules.  Refer to Occupancy Principle 3
  4. Quiet Enjoyment  Management agrees to take all reasonable steps to enable the occupant's quiet enjoyment of the premises.  Refer to Occupancy Principle 4
  5. Inspections and Access  Management may inspect boarding house common areas at any reasonable time. Repairs, cleaning and maintenance of common areas can be carried out at reasonable times. Management may only enter the occupant's room at a reasonable time with reasonable notice and on reasonable grounds.  Refer to Occupancy Principle 5
  6. Notice of Fee Increase  The occupant is entitled to 4 weeks written notice of any increase in the occupancy fee.  Refer to Occupancy Principle 6
  7. Utility Charges  The proprietor may charge an additional amount for utilities if the occupant is made aware of this on signing the Agreement. Charges for utilities must be based on the cost to the proprietor of providing the utility and a reasonable measure or estimate of the occupant’s use of that utility.  Refer to Occupancy Principle 7
  8. Security Deposit  A security deposit is payable to the proprietor - this amount being no more than the sum of 2 weeks occupancy fees. The security deposit is payable on the day the Agreement is signed or on the following day. The security deposit will be repaid to the occupant within 14 days after the end of the Agreement less any amount necessary to cover the reasonable cost of repairs to the boarding house or goods that come with it as a result of damage (other than fair wear or tear) caused by the occupant and their guests or visitors, any occupancy fee or other charges owing and payable under the Agreement or the Boarding Houses Act 2012, the reasonable cost of cleaning any part of the premises occupied by the occupant and not left reasonably clean by the occupant, having regard to the condition of the premises at the commencement of the occupancy and the reasonable cost of replacing locks or other security devices altered, removed or added by the occupant without the consent of management.  Refer to Occupany Principle 8
  9. Dispute Resolution  Management and the occupant agree to use their best endeavours to informally resolve any disputes between them that arise from the Agreement. Where this is not possible, either party may apply to the NSW Civil & Administrative Tribunal (NCAT) to formally resolve a dispute about the Occupancy Principles.  Refer to Occupancy Principle 11
  10. Written Receipts  Management agrees to provide the occupant with a written receipt for all money paid to the proprietor including money paid for occupancy fees, security or key deposits and for any utility charges. The receipt should be provided within a reasonable time period after the payment is received.  Refer to Occupancy Principle 12
  11. Termination  The occupant is entitled to know why and how the Occupancy Agreement may be terminated and how much notice will be given before termination. The occupant may not be evicted without reasonable written notice from management. The Agreement can also be terminated by the occupant by written notice given to the property manager. Refer to Occupancy Principles 9 and 10
  12. Use of the Premises  The occupant agrees not to wilfully or negligently cause damage to the premises or to use the premises for an illegal purpose and to respect other residents' rights to quiet enjoyment of the premises.

Inspections and Access

Agreed access and notice periods under the Occupancy Agreement are set out below
.
* Immediate access with no notice is likely to be necessary in this situation for safety reasons

Reason for Access Notice Period
In an emergency, or to carry out emergency repairs or inspectionsImmediate access *
To clean the premises24 hours
To carry out repairs24 hours
To show the room to a prospective occupant24 hours
To carry out inspections48 hours
To install smoke alarms2 days
To maintain and repair smoke alarms2 days

Notices of eviction during COVID-19 moratorium period

The proprietor must give the resident 60 days written notice of eviction, if the proprietor has participated, in good faith, in a formal fee
negotiation process with the impacted resident but an agreement about the occupancy fees was not reached because the impacted resident did
not participate in the process in good faith, otherwise 90 days written notice.


* Immediate termination is likely to be necessary in this situation in order to protect other residents

Reason for Termination by Management Notice Period
The resident threatening, abusing, intimidating or harassing other residentsImmediate *
The resident causing or permitting serious damage to the premises or other residents’ property1 day
The resident using the premises for illegal purposes3 days
The non-payment of occupancy fees or fees for service1 week
The non-payment of occupancy fees or charges due to the resident being impacted by COVID-1960 days or 6 months
Any other reason including vacant possession required and 'no grounds' termination90 days
Reason for Termination by Resident Notice Period
Serious breach of the Agreement by proprietor1 day
Minor breach of the Agreement by proprietor1 week
No grounds / any other reason2 weeks

Email Service of Notices and Documents

The occupant agrees and provides express approval and consent to receive the service of any notice or any other  document pursuant to the Boarding Houses Act 2012 via electronic service. The occupant authorises management to serve notices and other documents to their email address. The occupant agrees to notify management of any change to their email address within 48 hours of the email address no longer being in use or in service.

NSW Fair Trading

Any term of the Agreement is not enforceable if it is inconsistent with the Occupancy Principles set out in Schedule 1 of the Boarding Houses Act 2012.

ALBION HOUSE is a registered general boarding house under the Boarding Houses Act 2012

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