Residential rental agreements to be in standard form (1)If a residential rental agreement for a fixed term not exceeding 5 years is in writing, it must be in the prescribed standard form for a fixed term residential rental agreement of no more than 5 years. (1A) A residential rental agreement for a fixed term of more than 5 years— (a) must be in writing; and
(b) must be in the prescribed standard form for a fixed term residential rental agreement of more than 5 years unless it is in the form referred to in subsection (1).
(1B) If a periodic residential rental agreement is in writing it must be in the prescribed standard form for a periodic residential rental agreement. (2) A residential rental provider or renter must not prepare or authorise the preparation of a residential rental agreement for a fixed term not exceeding 5 years in writing in a form that is not in the prescribed standard form. Penalty: 25 penalty units.
(2A) A residential rental provider or renter must not prepare or authorise the preparation of a residential rental agreement for a fixed term of more than 5 years if the agreement is not either— (a) in the standard form for a fixed term not exceeding 5 years; or (b) in the standard form for a fixed term of more than 5 years. Penalty: 25 penalty units. (3) A failure to comply with this section does not make the residential rental agreement illegal, invalid or unenforceable. Notes 1. Section 27C provides that terms about cleaning and safety- related repairs and related obligations may be included in a residential rental agreement in the standard form.
2. In the case of a residential rental provider who is an SDA provider providing an SDA enrolled dwelling to an SDA resident, see Division 2 of Part 12A.
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