Clauses, annexures and special condition

Hi All,
We are working with our solicitor to tighten up our General Tenancy Agreements. Would anyone like to share their additional clauses they have found beneficial?
Some of the areas we are having issues with are around gardens and obligations at the end of a tenancy.

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Hi @rebecca my only suggestion is to be careful not to tighten things up too much. Defining things too well in the special conditions might contravene general tenancy clauses which could cause you grief when trying to enforce them in the tribunal.

My ears pricked up when you suggested gardens. They already have an entry report with photos of the garden which they are required to return in as is condition.

Sometimes this information might be better suited for a handy FAQ sheet given to them at signup.

Hi Adam, You would think that the entry and photos would stand up but I’ve had 2 different QCAT cases this year, both property photos showing freshly mulched gardens, 1 judge approved the claim for new mulch at the end of the tenancy, the other didn’t.

Yes I agree that we can’t contract outside the law, hence why we always have a solicitor cast an eye over them first before using. I still think the general obligation of “returning the property in the same condition - fair wear and tear excluded” is too ambiguousthough.

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@rebecca There is one thing that is consistent in QCAT, the inconsistency between different adjudicators. I feel your pain here.