Community Tenancy Lease Agreement

Community Tenancy Lease Agreement

Director of Housing

And

(Name of Organisation)

Portfolio Agreement – (Service Name)

14

THIS AGREEMENT made the day of 2018

BETWEEN THE DIRECTOR OF HOUSING constituted a corporation sole by virtue of Section 6AB of the Homes Act 1935 ("the Director") of the one part AND (Name of Organisation) under the Associations Incorporation Act 1964 of (address of organisation) (“the Organisation”) of the other part

RECITALS

A. The Director is the registered proprietor in fee simple of the Premises.

B. The Director has agreed to lease the Premises.

C. The Organisation has agreed to lease the Premises for the Agreed Purpose outlined in Schedule B.

D. The Organisation has agreed to take a lease of the Premises upon the terms and conditions herein contained.

NOW IT IS HEREBY AGREED as follows:

1.  PREMISE/S

The Director hereby leases and the Organisation hereby takes ALL OF THAT PIECE OR PARCEL OF LAND AND BUILDINGS described in Schedule A hereinafter described as “the Premises”

2. TERM

The tenancy shall be for a period of (number) Months commencing on the (date) and ending on the (date).

3. RENTAL

3.1  The Organisation shall pay rental on the Premises at the weekly rate described in Schedule A, payable in advance such payments to be made at any Post Office in Tasmania with the first payments to be made on the date hereof.

3.2  The rental shall be reviewed annually by the Director.

3.3  The calculated rental shall not be more than the fair market rental determined by the Director taking into consideration the valuation of the Premises by a Valuer appointed by the Valuer General or other authorised Valuer. If the calculated rental exceeds the market rental, then the market rent of will apply.

4. ORGANISATIONS COVENANTS

The Organisation hereby agrees with the Director as follows:

4.1 To pay the rental due at the times and in the manner herein set out.

4.2 To pay all charges for electricity, gas, telephone and excess water imposed or used on the Premises.

4.3 (a) To keep the Premises in a neat and tidy condition and in a reasonable state of cleanliness having regard to the condition of the Premises on the on which this Agreement was entered into.

(b) To carry out and pay for repair of any damage to glass including plate glass and exterior windows with glass.

(c) To carry out and pay for repair of any damage to chattels and fittings provided by the Director caused by wilful, negligent, or careless action by the organisation, tenants, visitors, friends or children. Chattels and fitting include floor coverings, window coverings, heating, lighting, electrical or gas appliances, exhaust fans and removable items that can be removed without causing damage to the premises.

(d) To pay for all other repairs of any damage to any part of the Premises caused by wilful, negligent, or careless action by the organisation, tenants, visitors, friends or children and not included in Clauses 4.3 (b) and (c) up to $2000 (exclusive GST) for cost of repairs per incident. Where the total cost of repairs incurred by the Organisation per property per annum (financial year) under this clause exceeds $10 000 (up to an aggregate amount of $50,000 where multiple properties are being managed) then the Director agrees to pay all costs over and above those amounts incurred by the Organisation.

(e) To give notice in writing to the Director of emergency or essential repairs immediately, and general repairs within seven (7) days of any damage to the Premises.

4.4 Without limiting the generality of clauses 4.3 The Organisation shall:

(a) Immediately repair and replace all broken glass including plate glass and exterior windows with glass of the same or similar quality and in accordance with clause 4.3 (b).

(b) Immediately repair all damaged or broken chattels and fittings provided by the Director in accordance with clause 4.3 (c).

(c) Keep all baths, sinks, water pipes and drains cleaned and in good order (fair wear and tear excepted)

(d) Pay the cost of clearing any stoppage in any pipes attributed to the Lessee's conduct

(e) Keep the inside and outside of the Premises and the doors, window frames, door locks, bells and all other parts of the Premises clean and properly maintained

(f) Not throw or permit to be thrown any fat and tealeaves or other solid matter down any sink, drain or pipe within or on the Premises

(g)  Not to make any alterations or additions to the Premises or to any part thereof, or any of the Director's fixtures and fittings, without the consent in writing of the Director first had and obtained and not to carry out any such permitted alterations except by workmen of whom the Director shall have approved, and all such alterations are to be to the reasonable satisfaction of the Director

(h)  Not paint, drive nails or screws into walls ceilings or floors or Director's fittings and fixtures

(i) Not remove any of the fixtures or fittings except for the purpose of repair

(j) Immediately replace nonfunctioning electric light globes or tubes in the Premises

(k) At the Organisation’s cost keep the Premises free from vermin and noxious weeds

(l)  Regularly check the operation of installed smoke detectors and immediately give notice in writing to the Director of any fault and ensure that all battery operated installed smoke detectors are fitted with charged batteries at all times and regularly check batteries and replace them as necessary.

4.5 Not without the prior consent of the Director in writing to use the Premises for any purpose other than to house clients requiring youth crisis accommodation and all matters reasonably ancillary thereto further described in Schedule B of the Agreement.

4.6 Not to assign, sublet or otherwise part with possession of the whole or any part of the Premises nor to alter or add to the buildings or any part thereof nor to erect any structures on the Premises without the prior written consent of the Director.

4.7 (a) To permit the Director, the Director’s agents, servants, workmen and others with the Director’s authority to enter at all reasonable times as may be provided in the Residential Tenancy Act 1997 to view the condition of the Premises or for any other reason in which entry may be provided for in the Residential Tenancy Act 1997 and, upon notice being given by the Director, to repair or make good all defects and all want of repair which are the responsibility of The Organisation.

(b) Should The Organisation fail to repair in accordance with any notice then the Director may, but shall not be bound to, undertake such repairs and any monies expended by the Director shall be repaid by The Organisation on demand together with interest at the rate equivalent to 2% in excess of the rate charged by a recognised financial institution to its corporate clients for loan facilities in excess of ONE HUNDRED THOUSAND DOLLARS ($100,000) from the date of payment by the Director to the payment by The Organisation such interest to accrue from day to day.

4.8 Not to do or nor permit to be done any matter act or thing in or upon the Premises or any part thereof which may be or become a nuisance annoyance or danger to the owners or occupiers of adjoining or other property in the neighbourhood.

4.9  Not to damage or remove flowers or shrubs or cause any damage to the gardens or lawns and to keep the gardens and grounds belonging to or surrounding the Premises in good order and condition during the term of this Agreement and so to leave the same at the expiration of this Agreement in as nearly as possible as the same were in on the day of which this Agreement was entered into.

4.10 To place all rubbish and refuse in proper receptacles and to regularly make use of the arrangements made by the local council for the collection and removal of rubbish and refuse from the Premises.

4.11 Not to permit any activity not authorised under this Agreement to be carried out on the Premises without first obtaining the written consent of the Director.

4.12 Not to do or permit or suffer to be done any act matter or thing whereby any Insurance may become vitiated or rendered void or voidable or whereby any rate or premium of any policy shall be liable to be increased or whereby the Director may be put at risk.

4.13 Not to keep any explosive or combustible substances in or about the Premises apart from those normally used by The Organisation in the conduct of its business.

4.14 Not to fit any plate or sign on the outside of the Premises save of such size and pattern and in such position as may be approved of in writing by the Director.

4.15 To duly and punctually comply with the requirements of all reasonable notices with respect to The Organisation’s obligations under this Agreement received from the Director or duly authorised agents.

4.16 To duly and punctually comply with the requirements of all notices received from any health, police, municipal, fire, or other authority with respect to the Premises.

4.17 To take out and maintain all necessary licences and permits required to operate the Premises in accordance with Clause 4.5 hereof for the term hereby created and to provide the Director with evidence of such licences or permits at any time the Director reasonably requests.

4.18 To carry on the business referred to in Clause 4.5 hereof in a good and efficient manner and to use all reasonable endeavours to maintain and develop the said business and not to do anything that may prejudice its goodwill.

4.19 To comply with the provisions of all laws, bylaws, regulations and other requirements of any Federal, State, or local Authority which may in any way affect the Premises or the use of the Premises.

4.20 At the expiration or sooner determination of this Agreement to remove from the Premises any signs or names advertisements or notices erected painted or displayed affixed or exhibited upon or within the Premises and make good any damage or disfigurement caused by reason of such removal.

4.21 At any time within one (1) month prior to the expiration of the term of this Agreement to permit the Director or agent to affix upon the Premises a notice for reletting the same and during the same period upon receipt of at least twenty four (24) hours notice to permit persons authorised by the Director or agent at reasonable hours of the day to view the Premises.

4.22 At the expiration or other determination of this Agreement to yield up the Premises in such a state of repair and condition as the same were in on the day in which this Agreement was entered into (reasonable wear and tear excepted). The Organisation acknowledges that it shall have no right to compensation for any improvements effected by it.

5. DIRECTOR'S COVENANTS

The Director hereby covenants with The Organisation as follows:

5.1 To maintain the Premises in good and substantial repair and condition as nearly as possible as the same were in on the day in which this Agreement was entered into (reasonable wear and tear excepted) and to immediately remedy any structural defects with respect to any building.

5.2 The Director must carry out any repairs specified in such notice issues under Clause 4.3 (e) that do not arise from any fault of the Organisation within 28 days after receipt of the notice, unless the notice relates to a heating element of a cooking stove in which case the Director must carry out any repairs within 14 days of the notice.

5.3 If an Essential Service ceases to function:

a) the Organisation must notify the Director as soon as practicable of the need for urgent repair.

b) the Director must carry out the necessary repairs or otherwise cause the Essential Service to be restored, as soon as practicable after the notification.

5.4 If damage occurs to the Premises requiring emergency repairs that do not arise from any fault of the Organisation:

a) the Organisation must notify the Director as soon as practicable of the need to repair the damage.

b) the Director must carry out the necessary repairs or otherwise cause the Essential Service to be restored, as soon as practicable after the notification.

5.5 If the Organisation is unable to contact the Director or the Director fails to arrange for the carrying out of any repairs of Essential Services or emergency repairs and that the damage is likely to result in further damage to, or deteriorations of the Premises the Organisation may authorise a suitable repairer to repair the damage with such repair to be carried out to the extent required to prevent further damage of deterioration of the Premises.

5.6 The cost of any repairs carried out under Clause 5.3 or 5.4 must be paid by the Director.

5.7 The cost of any repairs carried out under Clause 5.5 must be paid by the Organisation and reimbursed by the Director within 14 days of receiving a statement from the repairer of the cause of the need for repair, a copy of the account and receipt of payment, unless the Director makes application to dispute liability under Section 36 of the Act.

5.8 To pay for repair of any damage to any part of the Premises caused by wilful, negligent, or careless action by The Organisation, tenants, visitors, friends or children in excess of the initial $2000 (excluding GST) paid by the Organisation in accordance with Clause 4.3 (d).