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Simple Occupancy Agreement Template for Australia

A Simple Occupancy Agreement is a legal document used in Australia to establish the terms and conditions for the temporary occupation of a room or living space. Unlike a standard residential tenancy agreement, this document is typically used for more flexible or short-term arrangements where the occupant doesn't have exclusive possession of the premises. The agreement complies with Australian property and consumer protection laws while providing a straightforward framework for both parties to understand their rights and obligations. It covers essential elements such as fees, duration, house rules, and basic services, while remaining adaptable to various accommodation scenarios.

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What is a Simple Occupancy Agreement?

The Simple Occupancy Agreement serves as a fundamental legal instrument in Australian property management, designed for situations where traditional residential tenancy agreements are either unsuitable or unnecessary. This document type is commonly used in contexts such as student accommodation, boarding houses, worker housing, or short-stay arrangements where occupants share facilities or require more flexible terms. The agreement includes essential provisions covering occupancy fees, duration, rights and obligations, while complying with relevant Australian federal and state legislation. It's particularly useful for property owners and managers who need a clear but straightforward agreement that protects both parties' interests while maintaining operational flexibility. The Simple Occupancy Agreement differs from standard residential leases by focusing on temporary or shared living arrangements while ensuring all necessary legal protections are in place.

What sections should be included in a Simple Occupancy Agreement?

1. Parties: Identifies and provides full details of the owner/operator and occupant

2. Background: Brief context about the occupancy arrangement and property

3. Definitions: Defines key terms used throughout the agreement

4. Term of Occupancy: Specifies the duration of the occupancy, including start date and end date if applicable

5. Fees and Charges: Details of occupancy fees, utilities, and other charges, including payment terms

6. Bond: Specifies bond amount, payment terms, and conditions for return

7. Rights and Obligations of Occupant: Lists the occupant's responsibilities and entitlements

8. Rights and Obligations of Owner: Lists the owner's responsibilities and entitlements

9. House Rules: Basic rules for occupying the premises and using common facilities

10. Maintenance and Repairs: Procedures for reporting and handling maintenance issues

11. Termination: Conditions and procedures for ending the agreement

12. Notices: How formal notices must be given between parties

13. General Provisions: Standard legal clauses including governing law and severability

What sections are optional to include in a Simple Occupancy Agreement?

1. Common Facilities: Details about shared facilities and their use - include when property has shared amenities

2. Additional Services: Details of any extra services provided - include when owner offers additional services like cleaning or meals

3. Special Conditions: Any unique terms specific to the arrangement - include when standard terms need modification

4. Utilities and Internet: Specific arrangements for utility services - include when these are separately charged or managed

5. Visitors Policy: Rules regarding guests and visitors - include for properties with security concerns or shared living arrangements

6. Parking: Parking arrangements and rules - include when parking is available

7. Insurance Requirements: Specific insurance obligations - include when occupant needs to maintain insurance

What schedules should be included in a Simple Occupancy Agreement?

1. Schedule 1 - Property Details: Detailed description of the room/property including fixtures and fittings

2. Schedule 2 - Fee Schedule: Comprehensive breakdown of all fees and charges

3. Schedule 3 - Condition Report: Detailed report of property condition at commencement of occupancy

4. Schedule 4 - House Rules: Detailed house rules and procedures

5. Appendix A - Emergency Procedures: Emergency contact information and evacuation procedures

6. Appendix B - Inventory List: List of any furnishings or items provided with the room/property

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Use Agreement

Cost

Free to use

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