Tenancy Clauses to add to tenancy agreement

[TomW]

Here's what we have.
Anyone else want to add something more? OR any more recommendations?
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1) The tenancy shall commence on________________________
2) The rental shall be ________________per week paid weekly in advance.
3) The tenant agrees to pay a non-refundable letting fee of 1x weeks rent
4) No person/s other than those listed on the tenancy agreement are permitted to enter the property and stay overnight for more than 24 hours without the written permission of the landlord
5) The tenant shall not consume alcohol outside of the unit at all times
6) The tenant agrees that the attached property inspection report provides an accurate description of the property at the commencement of this tenancy
7) The tenant agrees to pay for all electricity used in the property and for any water charges if applicable
The tenant agrees to pay any tradesman call out charges if prior arrangements which have been made between the landlord and tenant, to allow tradesmen to enter the premises, are not adhered to
9) The tenant will pay the landlord a call out fee of $50 if a tenant requires the landlord to unlock the premises for entry.
10) The tenant shall not paint, drive nails or screw into, affix any kind of adhesive or tape, or in any way deface of the wall , ceiling, floors, wood, stone, ironwork or any other part of the property or its chattels
11) Smoking is not permitted inside the premises
12) The tenant shall ensure the property received adequate ventilation to prevent mildew on ceilings,walls and window coverings
13) The tenant shall leave the property at the end of the tenancy,clean and tidy and in the same cleanliness as when the tenancy commenced . The tenant agrees to pay for any cleaning costs at the end of tenancy at a rate of $30 per hour
14) The tenant will keep the interior and exterior of the property clean and tidy- free of rubbish, bottles, cigarette butts and like matters. No rubbish is to be stored more than 7 days at the property.
15) The tenant shall use the property as a private dwelling only and shall not do or allow anything to be done upon the property which may be a nuisance, disturbance or annoyance to the landlord, or to the occupiers or owners of adjoining or nearby properties. The tenant shall not create excessive noise of any sort
16) The tenant will not make or allow to be made any additions or alterations to the property without the landlords written permission
17)
1 The tenant agrees not to assign, sublet or part with the possession or the occupation of the property or landlords chattels without the landlords written permission
19) The tenant agrees that the tenancy starts at midday and ends at midday. When the tenancy shall terminate or be terminated, the tenant agrees to return the keys to the landlord by noon on the date of vacation. If the tenancy fails to return the keys by noon on the day of termination of the tenancy then the landlord shall have the right to change the locks and to charge the tenant in the cost of doing so
20) The tenant shall not keep or allow any pets or animals of any description on the property (both inside and out) without written permission of the landlord. If permission is granted, any damage caused by the pet or animal will be charged to the tenant.
21) The tenant agrees that the information completed by the tenant on the tenancy application form are part of this agreement and that the tenant warrants that the information is correct. The tenant shall advise the landlord in writing of any changes in that information within 14 days of the change
22) The tenant shall not allow any candles or naked flame on the property
23) The tenant shall not use gas heaters or allow them to be on the property
24) The tenant shall not have any pot plants inside the property and no pot plants should be placed on any floor covering without the landlords written permission
25) No tenant chattels or rubbish(such as furniture) shall not be left at the property at the end of the tenancy. The tenant will be charged for any costs associated with removing and dumping of the tenants chattels or rubbish
26) The tenant shall not do any ironing or allow heat to be exposed to the carpets or floor coverings
27) The tenant shall not have any tenant chattels or items outside of the unit without the landlords written permission
2 No vehicles or machinery with a "Warrant of fitness" or "Registration" more than one month expired can be permitted on the property. The tenant vehicles may be parked only in the allocated car space/s. No vehicle repairs or maintenance can be carried on the property. Only vehicles registered under the tenants name are permitted on the property
29) The tenant shall not permit actions or behaviour which could cause damage or injurious damage to the property.
30) The tenant shall not make excessive noise in or about any unit or common area.
31) The tenant shall not use a unit for any other purpose other than a private residential accommodation or use any carpark for anything other than the use intended. The tenant shall not deposit any rubbish or supplies, possessions or in any other way use the common property, including but not limited to pathways, driveways, corridors, stairways in such a manner to obstruct the use and enjoyment of it by anyone.
32) The tenant shall not affix or display on any part of the outside of the property any sign, notice, flag or any other object without the written permission of the landlord.
33) The tenant shall not hang out window treatments, including curtains and blinds without the landlords written permission
34) The tenant shall not erect or fix any aerial, antenna or any form of transmission on the property without the written permission of the landlord
35) The tenant shall not allow any unit to fall into a state of disrepair, neglect , become unsanitary or infected by any vermin or insects
36) The tenant shall not dispose of any rubbish and other waste in any other way other than in the properly sealed rubbish bags and deposited in to the appropriate designated area
37) The tenant shall not fail to advise the landlord of any broken windows or glazing or any blockage of pipes. The tenant shall not fail to advise to the landlord of any leaks or any property maintenance issues.
3 The tenant agrees to pay for damage including but not limited too broken glass, panels,walls, floor coverings or any other part of the property (including chattels).
39) The tenant shall not bring any illegal or dangerous goods or substances onto the property
40) No outside taps, hydrants and other such things are not to be used (eg. Hose )-----to wash vehicles.
41) The tenant agrees to pay for any debt recovery costs. The tenant agrees that any debt can be passed onto a third party and have their credit rating effected.
42) The tenant shall not host any gathering at the property that exceeds___________________________________people. No gatherings are to take outside of the unit. The tenant shall not play any musical instrument, television, radio or any other device at excessive volume at anytime.
43) Carpets and floor coverings are to be professionally cleaned by JAE CARPET SERVICES PHONE XXXXXXXXX at the end of the tenancy (No more than 3 days before the tenancy termination)and receipt provided to the property manager. Tenant agrees to pay for the cost if no receipt is provided at the end of the tenancy.
44) The tenant shall leave the property clean and tidy and in the same cleanliness as when the tenancy commenced. The tenant agrees to pay for any cleaning costs at the end of tenancy at a rate of $30 per hour
45) The tenancy acknowledges the receipt of the keys:
Key one:______________________________________
Key two:_____________________________________
Key three:____________________________________
Key four:_____________________________________
Key five:______________________________________

46) The tenant acknowledges that the property if for occupation by not more than _________________adults and ____________________ children (under the age of 18 years ) .No person/s other than those listed on the tenancy agreement are permitted to stay overnight for more than 48 hours without the written permission of the landlord.

[Keys]

13 & 44 look the same.

Modify any clause to remove the words "without the landlords written permission"

43 is unlawful

A lot of them are also written into the RTA. You just double up on it in your TA.

Is this property subject to a bodycorp? IF so, the bodycorp rules need to be included.

[TomW]

13 & 44 look the same.

Modify any clause to remove the words "without the landlords written permission"

43 is unlawful

A lot of them are also written into the RTA. You just double up on it in your TA.

Is this property subject to a bodycorp? IF so, the bodycorp rules need to be included.

Hi.
Thanks.
Why remove the words ""without the landlords written permission" ??

[Keys]

Because the TT has ruled that the landlord may not unreasonably with hold permission. Simple really.

[Perry]

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[MikeC]

I would never take this place as a tenant. Very clear that the landlord is going to be a pain to deal with.

[Keys]

I would never take this place as a tenant. Very clear that the landlord is going to be a pain to deal with.

Then, the 13 page tenancy agreement we use plus up to 50 pages of in going inspection reports/photos would definitely put you off.

[Courham]

Clause 3 is illegal too- unless a property manager/ letting agent. Landlords can't charge a letting fee

From tenancy services:

"An agent is someone who has the authority to act for someone else. They take on the responsibilities of that person under the tenancy agreement.
A letting agent is a person who makes a living from renting or managing properties. They are usually a person who works for a property management company.
Some examples of people who aren’t usually letting agents are:

• private landlords renting out their own properties (unless they manage properties for other landlords)
• A person who is part of a trust (a trustee or beneficiary of a trust)
• A person who is the director of a company that owns a rental property

Some of those other clauses are plain silly too - so ironing is banned?

I'd not be renting off that fascist landlord.

Craig

[Perry]

So, Craig, if a LL or PM made use of a solicitor, with whom a tenant had to deal
so as to execute the tenancy documentation, what would that lawyer be?

An agent?
A letting agent?
A legal representative?
Something else?

And - whatever - could said legal beagle charge a letting fee? Or a legal fee?
Or call it a something else fee.

[Courham]

Solicitors are allowed to, land lords aren't.

If you rip tenants off a weeks rent as a letting fee good for you- it isn't legal though.

Craig

[Perry]

Whos who?

I was not seeking to, or procuring others to "rip off" anyone for
anything. Just asking a question. Further, you said (quoted):

Some examples of people who aren’t usually letting agents are:
* A person who is the director of a company that owns a rental property

What of a director of a company that does PM work and
who just also happens to be "a trustee or beneficiary of
a Trust" that owns the properties that the company leases
for its business purposes?

In that case, the PM company is the letting agent, even
though one of its Directors just also happens to be a 're-
lated party,' in the sense that you describe.

I'm not trying to put you on the spot; just saying that all
such things are never as cut and dried as they are some-
times presented as.

And certainly that TS are often awry with their dubious
quasi-legal pronouncements.

[Keys]

Clause 3 is illegal too- unless a property manager/ letting agent. Landlords can't charge a letting fee

From tenancy services:

Yet another person who quotes a web builders interpretation of the law rather than the law.

FYI. A private landlord (with one property) can legally charge a letting fee if they follow the law.

I'm not interested in pointing the relivant bit out to you. Go look for it yourself.

[Keys]

Sorry bud. Long day yesterday.

Look under "interpretation". It's there.

[MikeC]

Then, the 13 page tenancy agreement we use plus up to 50 pages of in going inspection reports/photos would definitely put you off.

I suspect you're correct. But it would put me off using you as a letting agent too.
Half of the clauses in the original post are verging on illegal, and although they may be well intentioned are rude and unnecessary.
I would also not complete any application form that required my Facebook or trademe usernames, details of my employment other than organization and job title, or anything from my bank. I'm happy to sign the form to have a credit check done, but if it's a private landlord this will be at their expense.

[Keys]

Half of the clauses in the original post are verging on illegal, and although they may be well intentioned are rude and unnecessary.

Feel up to listing those and starting a debate on them?

Just so you're aware, I'm not interested in debating your point of view, just the clauses you think are verging on illegal, rude or unnecessary.