The Pre Tenancy Agreement serves as a crucial document in Australian residential property management, bridging the gap between initial property viewing and formal lease execution. This agreement is typically used when a prospective tenant expresses serious interest in a property and wishes to secure it while completing the formal application process. The document covers essential aspects such as holding deposits, application procedures, required documentation, and privacy considerations. It protects both parties' interests during the pre-lease period and ensures compliance with relevant Australian state and federal legislation, including residential tenancy acts and privacy laws. The agreement is particularly important in competitive rental markets where multiple applications may be received for a single property.
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1. Parties: Identification of the property owner/agent and prospective tenant(s)
2. Background: Context of the agreement including the property address and purpose of the pre-tenancy arrangement
3. Definitions: Key terms used throughout the agreement
4. Application Process: Steps and requirements for submitting a tenancy application
5. Required Documentation: List of documents and information required from the prospective tenant
6. Holding Deposit: Terms and conditions regarding any holding deposit, including amount, payment terms, and refund conditions
7. Privacy and Information Handling: How personal information will be collected, used, and protected
8. Property Inspection: Arrangements and conditions for inspecting the property
9. Reference Checks: Process and requirements for reference and background checks
10. Timeframes: Key dates and deadlines in the pre-tenancy process
11. Termination: Circumstances under which either party can terminate the pre-tenancy agreement
12. Execution: Signing requirements and formal agreement
1. Pet Application: Terms and conditions for applying to keep pets at the property, used when the tenant indicates they have pets
2. Additional Occupants: Requirements and processes for including additional occupants, used when multiple tenants are applying
3. Guarantor Requirements: Terms and conditions for guarantors, used when financial guarantors are required
4. Special Conditions: Any unique requirements or conditions specific to the property or circumstances
5. Pre-existing Damage: Documentation of any existing property damage, used when the property has known issues
6. Furniture and Fixtures: Details of any furnished properties or specific fixtures, used for furnished properties
1. Schedule 1 - Application Form: Standard tenancy application form with required fields
2. Schedule 2 - Required Documentation Checklist: Detailed list of required documents and identification
3. Schedule 3 - Fee Schedule: Breakdown of any applicable fees and charges
4. Schedule 4 - Property Condition Report: Initial assessment of property condition
5. Appendix A - Privacy Policy: Detailed privacy policy and information handling procedures
6. Appendix B - Pet Application Form: Detailed pet information and conditions form
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