1 DEFINITIONS
In this agreement the following words have the following meanings:

Apartmentmeans the area shown [edged green] on the plan attached as Annexure 1 and includes the Premises, the Common Area and may include other premises leased to other tenants. 
Building Rulesmeans the building rules published by the RENTAL PROVIDER at The Student Housing Company Website (https://thestudenthousingcompany.com.au/) as varied by the RENTAL PROVIDER from time to time (acting reasonably). 
Common Areameans the area shown [edged blue] on the plan attached as Annexure 1 (if any).
Condition Reportmeans a condition report provided by the RENTAL PROVIDER to the RENTER in accordance with Section 35 of the Residential Tenancies Act.
Co-Rentermeans a tenant of any premises within the Apartment other than the Premises.
Fixed Periodmeans the fixed period if any specified in clause 5 of Part A of this agreement.
Premisesmeans the premises listed in clause 2 of Part A of this agreement.
Rental Provider's Propertymeans any items belonging to the RENTAL PROVIDER in the Premises.
Residential Tenancies Actmeans the Residential Tenancies Act 1997 (Vic).
Renter's Associatesmeans any agent, guest or invitee of the RENTER.
Urgent Repairsmeans "urgent repairs" are as defined in the Residential Tenancies Act. 

2 RENT INCREASES
The RENTAL PROVIDER and the RENTER agree that in accordance with Section 44 of the Residential Tenancies Act, the RENTAL PROVIDER may from time to time, but no more than once every 12 months, increase the rent by giving the RENTER not less than 60 days written notice.

3 RENT ABATEMENT
The RENTAL PROVIDER and the RENTER agree that the rent abates if the Premises;
(a) are destroyed, or become wholly or partly uninhabitable, otherwise than as a result of the act, omission, default or negligence of the RENTER or the Renter's Associates, or
(b) cease to be lawfully usable as a residence, or
(c) are compulsorily appropriated or acquired by an authority. 

4 PAYMENT OF COUNCIL RATES, LAND TAX, WATER AND OTHER CHARGES
4.1 RENTAL PROVIDER's Obligations
The RENTAL PROVIDER must pay:
(a) rates, taxes or charges payable under any Act (other than charges payable by the RENTER under this agreement), and
(b) the installation costs and charges for initial connection to the Premises and the Common Area of an electricity, water, gas, bottled gas or oil supply service, 
(c) all charges for the supply of electricity, gas or oil to the Premises and the Common Area, and 
(d) all charges for the supply of bottled gas to the Premises and the Common Area, and
(e) all charges in connection with a water supply service to separately metered Premises and Common Area

5 USE OF THE PREMISES BY RENTER
5.1 Permitted Use
The RENTER must not:
(a) cause or permit any damage to the Premises or the Common Area; 
(b) cause or permit any person other than the RENTER to reside in the Premises or the Common Area;
(c) use any sink, basin, toilet, drain or like facility in or connected to the Premises or the Common Area for any purpose other than their intended use or do anything that might damage or block the plumbing drainage or sewerage system on the Premises or the Common Area; 
(d) cause any damage (excluding fair wear and tear) to the Rental Provider's Property; or
(e) hang any washing on any balcony or otherwise visible from outside the Premises or the Common Area.

5.2 Maintenance by RENTER
The RENTER must:
(a) keep the Premises in a reasonably clean condition;
(b) place all household rubbish in the bin provided by the local authority and put the bin out for collection on the designated day for collection and return the bin to its allotted place or if applicable place all household rubbish in the rubbish chute/room;
(c) pay to the RENTAL PROVIDER any costs associated with the repair of any damage to the Premises, the Common Area or the Rental Provider's Property caused by the RENTER or the Renter's Associates (excluding fair wear and tear).

5.3 Maintenance by RENTAL PROVIDER
The RENTAL PROVIDER reserves the right to access the Premises and the Common Area in accordance with clause 8 to:
(a) replace light globes and batteries for smoke detectors on the Premise or the Common Area;
(b) clean the air-conditioning filters (if any); and
(c) maintain the Premises and the Common Area in a good and tidy condition consistent with its condition as at the date the RENTER first occupied the Premises (excluding fair wear and tear and any damage caused by the RENTER or the Renter's Associates).  

5.4 Yield Up
The RENTER must when this agreement ends and before giving vacant possession of the Premises to the RENTAL PROVIDER:
(a) remove all of the RENTER's goods from the Premises and the Common Area;
(b) leave the Premises and the Common Area in the same condition, fair wear and tear excepted, as at the date the RENTER first occupied the Premises (as evidenced by the Condition Report);
(c) leave the Premises and the Common Area reasonably clean, having regard to their condition at the commencement of the tenancy;
(d) remove or arrange for the removal of all rubbish from the Premises and the Common Area;
(e) make sure that all light fittings on the Premises and the Common Area have working globes;
(f) return to the RENTAL PROVIDER all keys, and other opening devices or similar devices, provided by the RENTER;
(g) arrange for all carpets in the Premises and the Common Area to be professionally steam cleaned and provide a copy of a receipt to the RENTAL PROVIDER as evidence of such cleaning; and
(h) if required by the RENTAL PROVIDER, remove any alterations to the Premises or the Common Area made by the RENTER and repair any damage caused by the installation or removal of such alterations.

6 RENTAL PROVIDER'S GENERAL OBLIGATIONS FOR RESIDENTIAL PREMISES
6.1 Condition on commencement
(a) The RENTAL PROVIDER must ensure that on the date the RENTER first commences occupation of the Premises:
(i) the Premises are vacant, and in good repair; and
(ii) all light fittings have working globes.
(b) The RENTER acknowledges that on the date the RENTER first commences occupation of the Premises, the Premises are in a good and tidy condition as reflected in the Condition Report.

6.2 Ongoing maintenance
Except to the extent that the RENTER is responsible for repair under this agreement, the RENTAL PROVIDER must maintain the structure of the Premises in good repair and reasonably fit and suitable condition for occupation.

6.3 Urgent Repairs
The RENTAL PROVIDER agrees to pay the RENTER, within 7 days after receiving written notice from the RENTER, any reasonable costs (not exceeding $2,500) that the RENTER has incurred for making Urgent Repairs to the Premises or the Common Area so long as:
(a) the damage was not caused as a result of a breach of this agreement by the RENDER, and
(b) the RENDER gives or makes a reasonable attempt to give the RENTAL PROVIDER notice of the damage, and
(c) the RENTER gives the RENTAL PROVIDER a reasonable opportunity to make the repairs, and
(d) the RENDER makes a reasonable attempt to have any appropriate tradesperson named in this agreement make the repairs, and
(e) the repairs are carried out, where appropriate, by licensed or properly qualified persons, and
(f) the RENTER, as soon as possible, gives or tries to give the RENTAL PROVIDER written details of the repairs, including the cost and the receipts for anything the RENTER pays for.

7 SALE OF PREMISES
(a) The RENTAL PROVIDER agrees:
(i) to give the RENTER written notice that the RENTAL PROVIDER intends to sell the Premises, at least 14 days before the Premises are made available for inspection by potential purchasers, and
(ii) to make all reasonable efforts to agree with the RENTER as to the days and times when the Premises are to be available for inspection by potential purchasers.
(b) The RENTER agrees not to unreasonably refuse to agree to days and times when the Premises are to be available for inspection by potential purchasers.
(c) The RENTAL PROVIDER and RENTER agree:
(i) that the RENTER is not required to agree to the Premises being available for inspection more than twice in a period of a week, and
(ii) that, if the parties fail to agree in relation to inspections, the RENTAL PROVIDEDR may at times nominated by the RENTAL PROVIDER show the Premises to potential purchasers not more than twice in any period of a week and must give the RENTER at least 48 hours notice each time;
(iii) the RENTAL PROVIDER must pay the RENTER either half a day’s rent or $30 (whichever is greater) in compensation for each sales inspection that takes place.

8 RENTAL PROVIDER'S ACCESS TO THE PREMISES
(a) The RENTAL PROVIDER agrees that the RENTAL PROVIDER, the RENTAL PROVIDER's agent or any person authorised in writing by the RENTAL PROVIDER, during the currency of this agreement, may only enter the Premises in the following circumstances:
(i) in an emergency (including entry for the purpose of carrying out urgent repairs);
(ii) if the Victorian Civil and Administrative Tribunal so orders;
(iii) if there is good reason for the RENTAL PROVIDER to believe the Premises are abandoned;
(iv) if there is good reason for serious concern about the health of the RENTER or any other person on the Premises and a reasonable attempt has been made to obtain consent to the entry;
(v) to inspect the Premises, if the RENTER is given at least 7 days'
(vi) written notice;
(vii) to carry out, or assess the need for, necessary repairs, if the RENTER is given at least 2 days' notice each time;
(viii) to carry out, or assess the need for, work relating to statutory health and safety obligations relating to the Premises, if the RENTER is given at least 2 days' notice each time;
(ix) to show the Premises to prospective tenants on a reasonable number of occasions if the RENTER is given reasonable notice on each occasion;
(x) as permitted under any other clause in this agreement;
(xi) to value the property, if the RENTER is given 7 days' notice,
(xii) if the RENTER agrees.
(b) The RENTAL PROVIDER agrees that a person who enters the Premises under clause 8(a)(v), 8(a)(vii), 8(a)(viii), 8(a)(ix) or 8(a)(xi) of this agreement:
(i)  must not enter the Premises on a Sunday or a public holiday, unless the RENTER agrees, and
(ii) may enter the Premises only between the hours of 8.00 a.m and 6.00 p.m., unless the RENTER agrees to another time. and
(c) The RENTAL PROVIDER agrees that, except in an emergency (including to carry out urgent repairs), a person other than the RENTAL PROVIDER or the RENTAL PROVIDER's agent must produce to the RENTER the RENTAL PROVIDER's or the RENTAL PROVIDER's agent's written permission to enter the Premises.
(d) The RENTER agrees to give access to the Premises to the RENTAL PROVIDER, the RENTAL PROVIDER's agent or any person, if they are exercising a right to enter the Premises in accordance with this agreement.

9 ALTERATIONS AND ADDITIONS TO THE PREMISES
(a) The RENTER agrees:
(i) not to install any fixture or renovate, alter or add to the Premises or the Common Area without the RENTAL PROVIDER's written permission, and
(ii) not to carry out any works including maintenance works to the Premises or the Common Area without the RENTAL PROVIDER's written permission, and
(iii) not to remove, without the RENTAL PROVIDER's permission, any fixture attached by the RENTER that was paid for by the RENTAL PROVIDER or for which the RENTAL PROVIDER gave the RENTER a benefit equivalent to the cost of the fixture, and
(iv) to notify the RENTAL PROVIDER of any damage caused by removing any fixture attached by the RENTER, and
(v) to repair any damage caused by removing the fixture or compensate the RENTAL PROVIDER for the reasonable cost of repair.
(b) The RENTAL PROVIDER agrees not to unreasonably refuse permission for the installation of a fixture by the RENTER or to a minor alteration, addition or renovation to the Premises by the RENTER but the RENTAL PROVIDER may at its absolute discretion withhold approval to any alteration which affects the Common Area or the structure of the Premises.

10 LOCKS AND SECURITY DEVICES
(a) The RENTAL PROVIDER agrees:
(i) to provide and maintain locks or other security devices necessary to keep the Apartment reasonably secure;
(ii) to give each RENTER under this agreement a copy of the key or opening device or information to open any lock or security device for the Apartment or common property to which the RENTER is entitled to have access;
(iii) not to alter, remove or add any lock or other security device without reasonable excuse (which includes an emergency, an order of the Victorian Civil and Administrative Tribunal, termination of a co-tenancy or an apprehended violence order prohibiting a RENTER or occupant from having access) or unless the RENTER agrees; and
(iv) to give each RENTER under this agreement a copy of any key or other opening device or information to open any lock or security device that the RENTAL PROVIDER changes as soon as possible (and no later than 7 days) after the change.
(b) The RENTER agrees:
(i) not to alter, remove or add any lock or other security device without reasonable excuse (which includes an emergency, an order of the Victorian Civil and Administrative Tribunal, termination of a co-tenancy or an apprehended violence order prohibiting a RENTER or occupant from having access) without the RENTAL PROVIDER’s consent (which cannot be unreasonably withheld); and
(ii) to give the RENTAL PROVIDER a copy of the key or opening device or information to open any lock or security device that the RENTER changes within 7 days of the change.
(c)  A copy of a changed key or other opening device need not be given to the other party if the other party agrees not to be given a copy or the Victorian Civil and Administrative Tribunal authorises a copy not to be given or the other party is prohibited from access to the Apartment by an apprehended violence order.

11 CHANGE IN DETAILS OF RENTAL PROVIDER OR RENTAL RPOVIDER'S AGENT
The RENTAL PROVIDEER agrees:
(a) if the name and telephone number or contact details of the RENTAL PROVIDER change, to give the RENTER notice in writing of the change within 14 days;
(b) if the address of the RENTAL PROVIDER changes (and the RENTAL PROVIDER does not have an agent), to give the RENTER notice in writing of the change within 14 days;
(c) if the name, telephone number or business address of the RENTAL PROVIDEDR's agent changes or the RENTAL PROVIDER appoints an agent, to give the RENTER notice in writing of the change or the agent's name, telephone number and business address, as appropriate, within 14 days; and
(d) if the RENTAL PROVIDER or RENTAL PROVIDER's agent is a corporation and the name or business address of the corporation changes, to give the RENTER notice in writing of the change within 14 days.

12 RULES
12.1 Owners corporation rules
The RENTER must comply with any Owners Corporation rules that apply to the Premises or the Common Area.

12.2 Building rules
The RENTER must comply with the Building Rules except to the extent that they are contrary to the express provisions of this agreement.

13 SMOKE ALARMS
(a) The RENTAL PROVIDER agrees to ensure that smoke alarms are installed in the Premises the Common Area at the date the RENTER first occupies the Premises as required by law and tested every 12 months.
(b) The RENTER agrees not to remove or interfere with the operation of a smoke alarm installed on the Premises or the Common Area.
(c) The RENTER agrees to test the operation of all smoke detectors no less than every 4 weeks whilst in occupation of the Premises. Should the RENTER find that a battery operated smoke detector requires replacement batteries, the RENTER must notify the RENTAL PROVIDER’s agent and the RENTAL PROVIDER must immediately replace it. 

14 INSURANCE
14.1. The RENTER agrees, not by act or omission, to do anything which would cause any increase in the premium of any insurance the RENTAL PROVIDER may have over the Premises and the Common Area (or their contents) or cause such insurance policy to be invalidated.

15 MISCELLANEOUS
15.1 The RENTER agrees to forward all mail delivered to the Premises but not addressed to the RENTER or a Co-Renter to the RENTAL PROVIDER's agent within 7 (seven) days of receipt.
15.2 The RENTER agrees to keep the property ventilated so that mildew, mould or other spores do not appear on the internal walls or ceilings of the Premises or the Common Area. The RENTER agrees to be responsible for the removal of any mildew, mould or spore that appears in the Premises or the Common Area as a consequence of the RENTER restricting ventilation to any part of the Premises.
15.3 The RENTER indemnifies the RENTAL PROVIDER in relation to any loss, claim or liability arising from the RENTER's use of the Premises or the Common Area, except to the extent of the RENTAL PROVIDER’S default, negligent act or omission.
15.4 The RENTER must not paint, patch, repair or alter any wall, door or ceiling without the express (written) permission of the RENTAL PROVIDER or the RENTAL PROVIDER's agent.
15.5 The RENTER agrees the interior of the Premises and the Common Area are a non-smoking area. Smoking is therefore restricted to the exterior of the Premises and Common Area and the RENTER agrees to be responsible for the proper disposal of all cigarette butts from the gardens, lawns, balconies, terraces and other exterior areas of the Premises and Common Area.

16    Co-Renters
If the Premises is not the whole of the Apartment, the RENTER acknowledges that:
(a) the Apartment is intended to and may include Co-Renters;
(b) the Premises may not be separately locked;
(c) the RENTER releases the RENTAL PROVIDER absolutely from all liability for loss or damage (including injury or death) suffered by the RENTER arising out of or in connection with the use or occupation of the Premises and the Common Area including in relation to the conduct of any Co-Renters except to the extent to which the loss or damage is due to the negligence of the RENTAL PROVIDER.

17 Common Areas
17.1 The RENTAL PROVIDER grants a licence to the RENTER during the term of this agreement to use the Common Areas for residential purposes ancillary to the use of the Premises, together in common with any Co-Renter.
17.2 To the extent that it can be established to the satisfaction of the RENTAL PROVIDER (acting reasonably) that any damage to the Premises or the Common Area was caused by a Co-Renter or is otherwise the responsibility of a Co-Renter, that Co-Renter shall be liable to repair such damage.
17.3 If it is unable to be established to the satisfaction of the RENTAL PROVIDER (acting reasonably) that any damage to the Premises or the Common Area was caused by a Co-Renter or is otherwise the responsibility of a Co-Renter, the RENTER acknowledges and agrees that it shall along with the Co-Renters be jointly and severally liable for the repair of the Common Area or Premises.