Supporting Documents Checklist South Australia

Transcription

1 Supporting Documents Checklist South Australia Thank you for applying to live at Atira Student Living. Please note to complete your booking and secure your room we require you to complete and return the below documentation. These below documents are conditions precedent to your Tenancy Agreement and must be completed within 10 days of the date of this . If you fail to do so, your offer will lapse and Atira may offer the room/apartment to another applicant. IMPORTANT NOTE: You are entering into a legally binding Agreement. If you do not understand any part of the Tenancy Agreement, Special Terms and House Rules you should ask for an explanation or seek advice from an independent party or a solicitor. Once completed, scan and your documents to processing@atira.com SUPPORTING DOCUMENTS COMPLETED Residential Tenancy Agreement For A Fixed Term Part 3: Special Terms 1. Sign on the line under Resident Signature under the Special Terms Agreement 2. Sign on the line under Signature of Resident 1 and complete the Date section 3. Witness to sign on the line Name of Witness 1 and complete the Date section Note: Your Witness can be anyone over the age of 18 who watched you sign your paperwork. All pages of your Tenancy Agreement must be returned Bond Lodgement Form 1. Weekly Rental: As located on your contract 2. Amount of bond being lodged: Your weekly rental rate x 4 weeks 3. Tenancy Commencement: The date your contract stars, as stated on your contract 4. Tenant/Resident 1: Ensure all details filled out and completed 5. Signatures: Sign and date the form Special Terms 1. Witness to sign in the box Witness Signature 2. Witness to print their name in the box Witness Name 3. Sign in the box Resident Signature 4. Print your name in the box Resident s Name Note: Your Witness can be anyone over the age of 18 who watched you sign your paperwork. Photo Identification Passport or Australian Drivers License. Proof of Enrolment Confirmation of Enrolment (COE) or Student ID Card Guarantee Form (Guarantee Letter) - Signed by parents required if under 18 only 1. Page 1: Complete all fields as required 2. Page 2: Witness to sign in the box Witness Signature Witness to print their name in the box Witness Name Guarantor to sign in the box Guarantor Signature Guarantor to print their name in the box Guarantor Name

2 Supporting Documents Checklist South Australia Holding deposit This application will not be processed until I pay a holding deposit equivalent to two weeks rent when I submit this tenancy application form. The holding deposit will be transferred to the first two weeks rent when I have entered into a lease agreement as a result of this application.i understand the bank account details will be ed to me or I can attend the office and pay this only via EFTPOS* or CREDIT CARD* (*Fees apply). There is an option period of 48 hours from the time this application is received by Atira Student Living Pty Ltd where applicants can withdraw this application and obtain a full refund of this holding deposit. To withdraw an application, applicants will need to submit my intention to withdraw in writing to Atira Student Living. The holding deposit will not be refunded if I do not withdraw the application in writing within 48 after paying the above holding deposit. Tenancy documentation Due to South Australia tenancy law, a digital signature does not fully execute this contract. We will send you through a copy of the contract documents for you to sign and return to us (preferably by ). Once this is complete, we will send you a copy of the fully executed contract documents. Please print the application documents that require your attention. Instructions are below to help you to complete the process. Please check your to receive a copy of these documents and print them off. Please manually sign, scan and the entire documents back to the property. If you are unable to scan the documents, please contact us to obtain the mailing address for your property. The holding deposit will be refunded by Atira Student Living in circumstances where the application is not successful The holding deposit will not be refunded after the 48 hour grace period The holding deposit will not be refunded if I do not withdraw the application within the 48 hour of submitting my application.

3 Residential Tenancy Agreement For A Fixed Term Example RESIDENTIAL TENANCY AGREEMENT FOR A FIXED TERM All parties to this agreement should consider seeking legal advice Item Agent or manager provider about their rights and obligations Name/trading name: Excel RE Pty Ltd as trustee of Waymouth Street Tenant Trust Address: 231 Waymouth St, Adelaide SA 5000 Phone: (08) waymouth@atira.com Item Resident/s RESIDENT 1 Name : Phone: John Citzen john.citzen@testing.com Item Managers/Provider's agent. If applicable. Name/trading name: Atira Student Living Address: 231 Waymouth Street, Adelaide, South Australia Phone: (08) Mobile: N/A waymouth@atira.com

4 Rooming Accomodation Agreement (Form R18) Example Item Residents representative for notices. If applicable. See clause 7 RESIDENT 1 Name : Phone: John Citzen Mobile: Item 5 Notices may be given to john.citzen@testing.com (indicate if the is different from item 1, 2 or 3 above) 5.1. Agent or manager/provider YES 5.2 Residents YES 5.3 Provider s agent YES 5.4 Resident s representative YES Facsimile: NO Facsimile: NO Facsimile: NO Facsimile: NO Item Address of the rental premises Address: 231 Waymouth St, Adelaide, South Australia, Inclusions provided Insert Inclusions, for example, furniture or other household goods let with the premises. Attach list if necessary. Please visit the Atira Website for a list of inclusion. Item The term of the agreement is a: FIXED TERM AGREEMENT 7.2 Starting on: 1/01/ Ending on: 31/12/2019

5 Rooming Accomodation Agreement (Form R18) Example Item 8 See clause 6(1) Rent: $ PER WEEK Item 9 Breakdown of rent Accommodation $ Food Service N/A Personal care service N/A Other Services N/A Utility services for which the resident must pay: N/A Item 10 Rent must be paid on the MONDAY day of each WEEK See clause 6(2) Item 11 Method of f rent payment: Internet Banking via Electronic Funds Transfer or payment via Student Portal (card Transaction Processing Fee applies 2.4% via student portal). See special terms for more info. Details for direct t credit: Bank/building society/credit union: St George Bank BSB: Account name: Atira Student Living Pty Ltd Account no Swift Code: SGBLAU2S Payment reference: Citzen Item 12 Place of rent payment where the rent must be paid. See clause 6(4) to 6(6) Item 13 See clause Can the rent be increased? NO 13.2 How will the rent increase be calculated? N/A 13.3 When will the rent increase start? N/A

6 Rooming Accomodation Agreement (Form R18) Example Item 14 See clause 11 Rental bond amount: $ Item 15 Service to be provided: Electricity, Gas, Water, Internet (100GB per month) Item 16 See Clause 1 Utility services for which the resident must pay: N/A Item 17 See clause 16 House Rules: Item 18 See clause Number of persons allowed to reside in the room: 1 (one) 18.2 Number of persons allowed to reside at the rental premises: 1 (one) Item 19 See clause 18(1) 18.1 Pets approved: NO 18.2 The types and number of pets that may be kept: N/A Item 20 TERMS OF THE AGREEMENT

7 Rooming Accomodation Agreement (Form R18) Example 1. Application of the Act and Regulations The landlord and the tenant are legally bound to comply with the provisions of the Residential Tenancies Act 1995 and the associated Regulations. An agreement or arrangement that is inconsistent with this Act or purports to exclude, modify or restrict the operation of this Act, is (unless the inconsistency, exclusion, modification or restriction is expressly permitted under this Act) to that extent void. 2. Maintenance of premises - landlord The landlord will hand over the premises and ancillary property in a reasonable state of cleanliness, maintain the premises in a reasonable state of repair and abide by all legal requirements regarding the buildings and health and safety in respect of the premises. 3. Maintenance of premises - tenant The tenant will keep the premises and ancillary property in a reasonable state of cleanliness and will notify the landlord of any damage to the premises or any state of disrepair that arises during the tenancy. The tenant must not intentionally or negligently cause or permit damage to the premises or ancillary property. 4. Use of premises The tenant will not use, allow or cause the premises to be used for any illegal purpose or cause, or allow a nuisance. The tenant must not cause or permit an interference with the reasonable peace, comfort or privacy of another person who resides in the immediate vicinity of the premises. 5. Handing over vacant possession without legal impediment At the commencement of the agreement the landlord will hand over vacant possession of the premises to the tenant (except for any part reserved for the landlord s own use set out in this document). When handing over vacant possession the landlord agrees that there is no legal impediment (either known or that should reasonably be known) that would prevent the tenant from using the premises as a residence for the term of the tenancy. 6. Tenant's right to peace comfort and privacy The landlord will not cause or allow any interference with the peace, comfort or privacy of the tenant and will take all reasonable steps to enforce this obligation upon any other tenant of the landlord in occupation of other premises. 7. Landlord's right of entry All entry is to be made between 8am and 8pm on any day other than a Sunday or public holiday. The landlord may, subject to the conditions in term 6 above, enter the premises: (a) in an emergency; (b) at a time previously arranged with the tenant, but not more than once every week to collect rent.(provided a reasonable alternative method of paying rent not involving attendance at the premises has been offered, but not accepted by the tenant); (c) to inspect the premises, not more frequently than once every four weeks, by giving written notice seven to fourteen days before entering the premises specifying a period of up to 2 hours within which the proposed entry will occur. A 2 hour period does not apply if the premises are in a remote location or it is necessary for the landlord or agent to be accompanied by a person at the inspection; (d) to carry out garden maintenance, but only at a time previously arranged with the tenant no more than 7 days before the day of entry or by giving written notice 7 to 14 days before entering the premises; (e) to carry out necessary maintenance or repairs after giving at least 48 hours notice; (f) after giving reasonable notice to the tenant to show the premises to prospective tenants during the last 28 days of a tenancy; (g) to show the premises to prospective purchasers on not more than 2 occasions in any 7 day period after giving reasonable notice, or at a time previously arranged with the tenant; (h) to determine whether a breach has been remedied after having given notice of a breach under section 80 of the Act to the tenant and after giving written notice of no less than 7 and no more than 14 days on a prescribed form; (i) for some other genuine purpose after giving written notice 7 to 14 days before entering, or with the

8 Rooming Accomodation Agreement (Form R18) Example consent of the tenant; (j) if the landlord believes on reasonable grounds that the tenant has abandoned the premises. If the tenant indicates that he or she wants to be present during the entry, the landlord must make a reasonable effort to negotiate an entry time that is convenient for the tenant to be present, taking into account the commitments of both the tenant and the persons entering the premises. This does not apply to entry in an emergency, to determine if a breach has been remedied, or to determine if the property has been abandoned. 8. Locks and security devices The landlord will provide and maintain locks and other devices that are necessary to ensure the premises are reasonably secure. Neither the landlord nor the tenant will alter or remove a lock or security device or add a lock or security device without the consent of the other. Neither the landlord nor the tenant will unreasonably withhold consent to the alteration, removal or addition of a lock or security device by, and at the expense of, the other. 9. Alterations and additions The tenant must not, without the landlord s written consent, make an alteration or addition to the premises. The landlord will not unreasonably withhold consent to an alteration or addition that is necessary to ensure the provision of infrastructure or a service of a prescribed kind. 10. Removal of fixtures Where the landlord gives consent to a tenant s request to carry out an alteration or addition to the premise, the tenant may remove a fixture affixed to the premises unless its removal would cause damage to the premises. 11. Compensation for damages when removing a fixture If a tenant causes damage to the premises by removing a fixture, the tenant must notify the landlord and, at the option of the landlord, repair the damage or compensate the landlord for the reasonable cost of repairing the damage. 12. Subletting or assignment The tenant has the right, with the landlord s written approval, to sublet the rental premises, or assign their interest to another party. The landlord cannot unreasonably withhold consent or charge for subletting or assignment, except for reasonable incidental expenses in doing so. 13. Termination at end of fixed term A landlord or tenant may end a fixed term agreement at the end of the fixed term without specifying a ground of termination after giving at least 28 days written notice to the other party. If notice is not given the agreement continues as a residential tenancy agreement as a periodic tenancy. 14. Termination by landlord or tenant for breach of agreement If a breach is capable of being remedied either the landlord or the tenant may terminate the tenancy by notice of termination given to the other for breach of any term of the agreement. Such notice is to be in the written form required by regulation, specifying the breach and informing the tenant or landlord that if the breach is not remedied within a specified period (which must be a period of at least 7 clear days) from the date the notice is given, then the tenancy is terminated by force of the notice. 15. Termination for rent arrears Where the landlord seeks to terminate a tenancy on the basis of the tenant s failure to pay rent, rent must be outstanding for at least 14 days before the landlord can issue a notice of termination for the breach. 16. Termination on hardship grounds Either the landlord or the tenant may apply to the South Australian Civil

9 Rooming Accomodation Agreement (Form R18) Example and Administrative Tribunal (SACAT) for an order to terminate a tenancy because the continuation of the tenancy would cause undue hardship 17. Termination not otherwise given Except as stated in terms 15 and 16 above, neither the landlord nor the tenant may give notice of termination before the end of the term of this agreement. If the tenant vacates the premises before the end of the term of this agreement without the approval (preferably in writing) of the landlord, they may be liable to the landlord for the costs associated with finding a new tenant, reletting the premises and for any loss of rent. 18. Insurance The parties acknowledge that should they want their property insured; the landlord would be responsible to insure their dwelling, fixtures and fittings and the tenant would be responsible to insure their personal belongings and furnishings. 19. Rent When, how and where rent must be paid (1) The resident must pay the rent stated in this agreement for item 8. (2) The rent must be paid at the times stated in this agreement for item 10. (3) The rent must be paid (a) in the way stated in this agreement for item 11; or (b) in the way agreed after the signing of this agreement by (i) the provider or resident giving the other party a notice proposing the way; and (ii) the other party agreeing to the proposal in writing; or (c) if there is no way stated in this agreement for item 11 or no way agreed after the signing of this agreement 20. Resident s obligations (1) The resident has the following obligations (a) to use the resident s room and common areas only or mainly as a place of residence; (b) not to use the resident s room or common areas for an illegal purpose; (c) not to interfere with, and to ensure the resident s guests do not interfere with, the reasonable peace, comfort or privacy of another resident or another resident s appropriate use of the other resident s room or common areas; (d) to pay the rent when it falls due; (e) not to keep an animal on the rental premises without the provider s permission; (f) not to intentionally or recklessly damage or destroy, or allow the resident s guests to intentionally or recklessly damage or destroy, any part of the rental premises or a facility in therental premises; (g) to keep the resident s room and inclusions clean, having regard to their condition at the start of this agreement; (h) to maintain the resident s room in a condition that does not give rise to a fire or health hazard; Examples of a fire hazard 1 allowing newspapers to build up in the resident s room 2 blocking access to the resident s room. 21. House rules (1) The resident must comply with the house rules for the rental premises. (2) The provider must give the resident a copy of the house rules for the rental premises before entering into this agreement. 22. Condition room must be left in At the end of this agreement, the resident must leave the resident s room and inclusions, as far as possible, in the same condition they were in at the start of this agreement, fair wear and tear excepted. Examples of what may be fair wear and tear wear that happens during normal use changes that happen with ageing 23. Number of occupants allowed (1) No more than the number of persons stated in this agreement for item 18.1 may reside in the room. (2) No more than the number of persons stated in this agreement for item 18.2 may reside at the rental premises. (3) However, more people may reside in the room or at the rental premises if the resident and the provider agree. 24. Pets (1) The resident may keep pets on the rental premises only if this agreement states for item 19.1 that

10 Rooming Accomodation Agreement (Form R18) Example pets are approved. (2) If this agreement states for item 19.1 that pets are approved and this agreement states for item 19.2 that only (a) a particular type of pet may be kept, only that type may be kept; or (b) a particular number of pets may be kept, only that number may be kept; or (c) a particular number of a particular type of pet may be kept, only that number of that type may be kept. 25. Keys At the end of this agreement, the resident must return to the provider all keys for the resident s room and the rental premises. 26. Domestic Appliances Any domestic appliances that requires manuals or instructions are included in the Resident Handbook Part 3 - Special terms See clause 2(4) to 2(6) Click here to view the Special Terms Special Terms Agreement: See attached/above - Special terms & House rules The resident acknowledges that, at or before the time of signing this Residential Rooming Agreement, the resident has downloaded or was given a copy of and read and understood the documents: Resident Name: John Citzen Resident Signature: John Citizen. Signature Of The Agent, Manager/Provider Or Providers Agent In The Presence Of (Witness) Name / Trading Name: Print Name of Witness: Atira Pty Ltd Signature of manager/provider: Signature of witness: Date: / / Date: / / THE RESIDENT ENTERS INTO THIS AGREEMENT AND AGREES TO ALL ITS TERMS. Signature Of Resident 1: Signature Of Resident 2: Indicate if acting on authority under Guardianship and or Administration Act 2000 or Powers of Attorney act 1998 Name of resident 1: Name of resident 2: John Citzen Signature of resident 1: Signature of resident 2: John Citizen Date: 1 / 11 / 18 Date: / / Name of witness 1: Name of witness 2: Jane Smith Signature of witness 1: Signature of witness 2: Jane Smith

11 Bond Lodgement Form Example Consumer and Business Services Customer Service Centre, 91Grenfell Street, ADELAIDE SA 5000 GPO Box 965, ADELAIDE SA 5001 Office hours: 9 am - 5 pm Telephone: BOND LODGEMENT FORM Residential tenancy Rooming house Lifestyle village BOND NUMBER (OFFICE USE ONLY) ADDRESS of rental premises (USE BLOCK LETTERS AND BLUE/BLACK PEN) Unit/apartment/room no: Street no: Street name: Suburb: Postcode: Weekly rental: No of bedrooms (if not a rooming house): $ Waymouth Street Amount of bond being lodged: $ 1200 Part bond payment? YES NO Tenancy commenced: Bond received by landlord/proprietor/agent:.../.../... TENANT/RESIDENT details (USE BLOCK LETTERS AND BLUE/BLACK PEN) Tenant/resident 1: Surname First Names address (for bond receipt)) johncitizen@example.com Tenant/resident 2: Surname First Names 231 Adelaide /.../... PLEASE ENSURE THAT ALL DETAILS WITHIN THIS BOX ARE COMPLETED IMPORTANT Landlords/proprietors must lodge a bond within 2 weeks and registered agents within 4 weeks of receiving full or part payment. If the tenant/resident does not sign this form, the bond must still be lodged within the required timeframe. Residential tenancy bonds cannot exceed 4 weeks rent (or 6 weeks if the rent is over $250 pw). Rooming house bonds cannot exceed 2 weeks rent. Make cheques payable to the Residential Tenancies Fund. Daytime phone number/s Citizen John address (for bond receipt) Tenant/resident 3: Surname First Names address (for bond receipt) LANDLORD/PROPRIETOR details (USE BLOCK LETTERS AND BLUE/BLACK PEN) Surname First Names Daytime phone number/s Address address (for bond receipt) AGENT details (USE BLOCK LETTERS AND BLUE/BLACK PEN) Waymouth Street Tenant Trust t/as Atira Student Living Address 231 Waymouth Street, Adelaide SA Postcode Postcode Fax: RLA: Work: Fax: Mobile: SIGNATURES (PLEASE SIGN IN BLUE OR BLACK INK) John Citizen Tenant/Resident Date:.../.../ Landlord/Agent/Proprietor Date:.../.../... Note: Agreement Dates, Weekly Rent and Bond Amounts are examples only. Please refer to your Tenancy Agreement to complete this section. Page 1 of 2

12 Special Terms Example Special Terms SOUTH AUSTRALIA 1 House Rules In consideration of the rights granted to the TENANT in this agreement, the TENANT acknowledges and agrees: a. the TENANT has received and read a copy of the House Rules prior to entering into this agreement. A copy of the House Rules can be found on the Atira website com; and b. the House Rules form part of this agreement and the TENANT agrees to be bound by the House Rules, as amended by the LANDLORD from time to time and published on the Atira website 2 Communication The TENANT must advise the LANDLORD immediately if the TENANT s contact details (mobile phone, address or emergency contact) change and provide the LANDLORD with updated details. 3 Smoke/Fire Alarms The TENANT must not remove, relocate or do anything to interfere with the alarms warning sound. Without limiting the House Rules, the TENANT is responsible for the cost of any false fire alarm call out fees charged by the Metropolitan Fire and Emergency Services Board to the LANDLORD. 4 CCTV Cameras a. The LANDLORD discloses and the TENANT acknowledges that closed circuit television (CCTV) cameras may be installed in or around the Property, including (but not limited to) entrance halls, passages, stairs, lifts, car parks, common areas and outdoor areas in the premises which are designated by the LANDLORD at any time for common use by TENANT of the Property, and will be operated by the LANDLORD. b. The TENANT acknowledges that the TENANT s image may be captured by the Property CCTV cameras and the TENANT consents to the use of the CCTV cameras in the Property common areas. 5 Emergency Contact a. The TENANT acknowledges that the LANDLORD may contact the TENANT S nominated next of kin or emergency contact person for reasons of health (including mental health), well-being or personal safety. b. The TENANT acknowledges, as part of the application process to accept an offer from the LANDLORD to reside at the Property, the TENANT has given consent to the LANDLORD to contact the TENANT s nominated next of kin or emergency contact person and release personal information concerning the TENANT s health (including mental health), well-being, personal safety, enrolment status at the tertiary education institution /or tenancy status at the Property, if required for reasons of health (including mental health), well-being or the personal safety of the TENANT or others. 6 Repairs & Maintenance The TENANT is required to advise the LANDLORD in writing of all repairs and maintenance items in the premises as soon as becoming aware of them. This can be done either via the Maintenance Request Form provided via the Atira portal, on the Atira website or ing waymouth@atira.com. Due to safety reasons, a TENANT is not permitted to change light globes in the premises (including the TENANT s room). The TENANT can organise this through the Atira Maintenance Department (waymouth@atira.com). Should a light in the premises be found to be faulty this will be repaired/replaced at the LANDLORD S expense. Verbal maintenance requests will not be accepted. To ensure the maintenance request is promptly dealt with, TENANTs are to provide as much information as possible. The LANDLORD will not be held liable or be required to provide compensation to a TENANT in cases where the maintenance required is a direct result of the TENANT intentionally or accidentally causing damage to the premises, including its furnishings or appliances. If repairs and maintenance are required to the premises in an emergency situation, the TENANT should contact the out of hours contact numbers outlined in the Resident Handbook and also included under the LANDLORD details set out in this agreement. 7 TENANT s Apartment/Room The TENANT is responsible for maintaining the TENANT s room and apartment common areas in a good, clean, tidy and hygienic condition at ALL times. If the premises is inspected and the TENANT is not complying with responsibilities in this regard, a Notice to remedy breach may be issued. Un-remedied breaches can lead to the TENANT being issued with a Notice to leave the premises. 8 Waste Management The TENANT is to conform with the Property waste management policies. Food and other waste must not be left outside of the premises, outside the bin chute or TENANT s apartment/rooms and must be placed in refuse containers within the premises. 9 Inspection & Premises Access The LANDLORD may undertake a quarterly (every 12 weeks) inspection of the TENANT s room. The LANDLORD will give the TENANT notice of the inspection time in accordance with the Residential Tenancies Act The LANDLORD may take photos of the TENANT s room at these inspections for its records in respect of the condition of the premises. All Property common areas may be accessed by the LANDLORD at any time without having the requirement to issue any notice in advance. 10 Internet Usage The TENANT acknowledges and agrees that any information

13 Special Terms Example Special Terms PAGE 2 and communications technology such as telephone, computing and television infrastructure (including data network ports and associated cabling) (ICT Infrastructure) installed throughout the Property forms an essential part of the Property. The TENANT must not tamper with or remove any of the ICT Infrastructure. The cost of repairing any damage to the ICT Infrastructure caused by the TENANT will be charged to the TENANT, together with an administration fee. The LANDLORD, through a third party internet service provider (ISP), provides an internet service at the Property that the TENANT may use. If the TENANT uses the internet service provided at the Property the TENANT must comply with the ISP s acceptable use policy (as updated by the ISP from time to time), as well as any other applicable terms and conditions specified by the ISP in relation to the internet service. Where the ISP is the affiliated tertiary education institution, refer to the tertiary education institution policies and procedures. The ISP will provide internet access to the premises based on Room Accounts. A monthly amount of 100GB of data is included in the rent, and the TENANT will be required to purchase and pay for any data usage over and above the monthly amount of data usage. The TENANT has the ability to purchase data subscriptions and additional data directly through the ISP. Visit the Atira website for further details. The TENANT must adhere to the following protocols when using the ICT Infrastructure network: a. only connect to the data port with the recommended cables and connections; b. do not dismantle the data port; c. the network is to be used in a manner which does not interfere with or disrupt other network users; d. continually downloading large data files may slow down the network and affect others and as such should only occur in limited circumstances; and e. the TENANT must not use the ICT Infrastructure network for any unauthorised, criminal or illegal activity, including (but not limited to): (i) (ii) violation of copyright or other intellectual property rights; transmission of threatening, obscene or offensive materials; (iii) electronic stalking or other forms of harassment or cyber bullying; (iv) misrepresentation or defamation of others; (v) sending of unsolicited commercial messages ( spamming ); (vi) to commit fraud; (vii) port surfing or sniffing wireless traffic; (viii) computer hacking or gaining unauthorised access to any information, systems, devices or resources; (ix) propagating computer worms, viruses or other types (x) of malicious software; any purpose which violates Atira policies or any local, state, federal or international laws; or (xi) attempt to do any of the above paragraphs (i) to (x). The TENANT acknowledges and agrees: The ICT Infrastructure network may be monitored by the LANDLORD, ISP or the tertiary education institution network security services and/or the network host (as applicable) at any time without notice to TENANTs; a. the LANDLORD exercises no direct control over the content of the information passing through the ICT Infrastructure network and the LANDLORD accepts no responsibility or liability for information not sent by the LANDLORD; and b. If instructed to do so by the ISP or a tertiary education institution, the LANDLORD reserves the right to suspend or terminate a TENANT s access to the data network (or that the ISP may suspend or terminate a TENANT s access) where there are reasonable grounds to suspect misuse, inappropriate or unauthorised use (which may be based on information from the ISP) and also report the incident to the tertiary education institution, the police and any other authority it deems appropriate. 11 Use of Property Gym The LANDLORD and the owner of the Property and their respective owners, officers, employees, agents and representatives (hereafter referred to as the Parties) are not responsible for any death, injury, loss, or damage of any kind suffered by any person while using the gym or any gym equipment, caused in any manner whatsoever including, but not limited to, the negligence of the Parties. The TENANT acknowledges and agrees that the use of the gym and the gym equipment has inherent dangers and risks including but not limited to the potential for serious personal injury or death caused by such use or any condition of the gym or gym equipment. In consideration of being allowed to use the gym and gym equipment, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the TENANT agrees as follows: a. to waive any and all claims that the TENANT has or may have in the future against the Parties in connection with the use of the gym or the gym equipment by the TENANT; b. to release the Parties from any and all liability for any loss, damage, expense or injury including death that the TENANT may suffer or that the TENANT s next of kin may suffer as a result of the TENANT s use of the gym or gym equipment, due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care, on the part of the Parties, and including the failure on the part of the Parties to safeguard or protect the TENANT from the risks, dangers and hazards of use of the gym or gym equipment by the TENANT; c. to hold harmless and indemnify the Parties from any and all liability for any property damage or personal injury to any third party resulting from use of the gym or gym equipment by the TENANT; and

14 Special Terms Example Special Terms PAGE 3 d. to hold harmless and indemnify the Parties from any and all liability for any costs the Parties may incur for medical costs, emergency transportation, and litigation resulting from use of the gym or gym equipment by the TENANT. 12 Payment Instruction a. Electronic Funds Transfer If the TENANT elects to pay the rent or any other amount due under this agreement via electronic funds transfer, the TENANT must: (i) (ii) Ensure the payment reference (Entry ID) stated in Item 11 of this agreement is used in the description field when paying the rent; If the TENANT is paying the rent from an overseas account, state Swift Code SBGLAU2S; and (iii) TENANTs can also pay via paytostudy in your own currency. Visit Failure to do this correctly may result in the rent not being allocated correctly to the TENANT s account and the TENANT s account may be perceived to be in arrears. b. Credit Card If the TENANT elects to pay the rent or any other amount due under this agreement via credit card, the LANDLORD is in addition entitled to charge and the TENANT must pay to the LANDLORD as a debt due on demand a credit card surcharge being the amount charged, from time to time, to the LANDLORD by its relevant financial institution for processing credit card payments. 13 TENANT s Obligation The TENANT and their guests at the Property are to show respect for order, morality, personal honour and rights as members of the Atira community. The TENANT is responsible for their guests and will be held accountable, including financially (where applicable), for any act, omission or misconduct by their guests (including non-compliance with directions given by the LANDLORD). 14 Serious Breach A LANDLORD may give a TENANT a Notice to Remedy Breach if they believe the TENANT has committed a serious breach of this agreement. This could occur if the TENANT has used the TENANT s room, apartment common area or common area of the Property for an illegal purpose, or the TENANT, or their guest, has destroyed or damaged a part of the Property, endangered another person within the Property, significantly interfered with the reasonable peace, comfort or privacy of another TENANT. If this agreement is terminated due to a serious breach by the TENANT, the TENANT is liable to pay the LANDLORD reasonable costs incurred by the LANDLORD in re- letting the TENANT s room. 15 End of Tenancy Even though this agreement has a Termination Date (see Item 7): a. the LANDLORD will contact the TENANT no less than 4 weeks prior to the Termination Date to ascertain if the TENANT wishes to renew the agreement; b. the TENANT agrees the LANDLORD may, on giving the TENANT not less than 24 hours notice, show the room to potential TENANTs during the period 4 weeks prior to the Termination Date (Advertising Period). TENANTs who intend to end the agreement on the date specified on this agreement, must: a. no later than 14 days prior to the Termination Date: (i) (ii) arrange a mutually convenient time with the LANDLORD to conduct an exit inspection of the premises, including TENANT s room (Exit Inspection); report any breakages and required repairs; and b. before the Exit Inspection, complete all other tasks in the Exit Inspection Checklist available on the Atira website and c. leave the TENANT s room and inclusions, as far as possible, in the same condition they were in at the start of this agreement and as specified in the Condition Report (fair wear and tear excepted). Exit cleaning and cost of damages are chargeable upon inspection, if the resident fails to return the room/apartment in the same condition as at the date of first occupation, subject to fair wear and tear Exit Cleaning Fee Guide (subject to inspection) Studio cleaning fee - $121 Twin share cleaning fee - $99 per person Shared apartment cleaning fee - $143 per person Mattress cleaning - $55 Further cleaning fees may apply, if the premises requires additional cleaning to return it to the condition at the start of the agreement, subject to fair wear and tear. If the TENANT is unavailable to inspect the premises with the LANDLORD, the LANDLORD will carry out the Exit Inspection within 72 hours after the TENANT returns the keys to the LANDLORD. 16 Breaking the Lease This agreement is a legally binding document which commits the TENANT into this agreement until the Termination Date. Should the TENANT request to bring forward the Termination Date, the request to vacate procedure is as follows: a. give the LANDLORD prior written notice of the TENANT s intention to vacate,, specify the TENANT s reason for the early vacation and the date the TENANT will vacate the apartment (Departure Date); b. the TENANT will be responsible for the payment of rent and all other amounts owning until the Termination

15 Special Terms Example Special Terms PAGE 4 Date OR until a suitable replacement is found by either the TENANT or the LANDLORD and approved by the LANDLORD; c. the TENANT should ensure the TENANT s room is inpresentable condition for viewings and, if required by the LANDLORD, be present and allow access for viewings; d. the LANDLORD may charge the TENANT the costs incurred by the LANDLORD as a consequence of the TENANT s early vacation of the room including (but is not limited to) the reasonable costs of the LANDLORD in re-letting the room; e. an Exit Inspection will be conducted as determined by the LANDLORD and notified to the TENANT in writing; and f. the refund of rental bond will be completed and the bond refunded once: (i) (ii) a suitable replacement TENANT has signed a Residential Tenancy Agreement for the room; all costs and expenses relating to the early vacation have been paid by the TENANT and received by the LANDLORD; and (iii) the TENANT has complied with the TENANT s leaving obligations. 17 Rental Bond /Refunds In order to process a refund of the rental bond, the TENANT must have: a. paid rent in full until the Termination Date; b. returned keys for the premises to the LANDLORD s office; and c. paid any outstanding fees. 18 Minors If, at the time of entering into this agreement, the TENANT is under the age of 18: a. the TENANT must procure from a person or persons over the age of 18 years (Guarantor) to give a guarantee in favour of the LANDLORD to secure the performance of the TENANT s obligations under this agreement by completing the Guarantee Form and returning the signed Guarantee to the LANDLORD on or before entering into this agreement; b. subject to the provisions of this agreement, this agreement only becomes valid and binding on the LANDLORD if the signed Guarantee referred in clause 18 (a) of these Special terms has been returned to the LANDLORD; and c. notwithstanding clause 18 (b) of these Special terms, the TENANT acknowledges that but for the provision of the Guarantee, the LANDLORD would not have entered into this agreement. 19 Absence If the TENANT is absent from the room/apartment during the term of this Agreement, the TENANT is to ensure that their rent continues to be paid on time for the period of their absence. Rent remains at the amount detailed in this Agreement during any period of absence. Nobody is permitted to stay in the TENANT s room whilst the TENANT is absent without prior written approval given by the LANDLORD. 20 No Dealings The TENANT must not assign, sublet or sublicense any interest or right granted to the TENANT under this agreement to a third party without the LANDLORD s prior written consent and subject to the proposed TENANT meeting the LANDLORD s eligibility requirement. 21 Understanding of TENANT s Obligations The TENANT acknowledges and agrees: a. this agreement the TENANT has signed is a legally binding agreement; b. the TENANT has read this agreement including the Special Terms and House Rules; c. the TENANT has a right to occupy the TENANT s room in accordance with the terms of this agreement and a right to use the common areas for the purpose for which they were intended, in common with the LANDLORD and other TENANTs, in accordance with the terms of this agreement; d. the TENANT has an obligation to comply with all of the TENANT s obligations under this agreement; e. the TENANT will be in default of this agreement if, among other things it is in arrears of rent, does not comply with its obligations in this agreement including the Special Terms, causes any damage to the Property, ends this agreement before the Termination Date other than in accordance with clause 16 of these Special Terms or fails to pay any amount detailed in this agreement; and f. if the TENANT is in default of this agreement, the LANDLORD may take the following action: (i) (ii) contact police and make a full report; lodge documents seeking compensation from the TENANT with any Tribunal or Court; (iii) notify the National Debt Collection Agency and provide all information the TENANT has given to that Agency; (iv) list the TENANT on a National Tenancy Default database (used by all accommodation suppliers including Boarding House, Real Estate Agents and Caravan Parks) using information provided by the TENANT; (v) contact the TENANT s listed emergency contact person to advise of the default and ask to assist with payment of any outstanding monies; (vi) claim the rental bond; (vii) contact the Department of Immigration and advise of the TENANT s default;

16 Special Terms Example Special Terms PAGE 5 (viii) issue a Notice for breach of duty; or (ix) issue a Notice to vacate. 22 Operation of this Agreement By signing this agreement, the TENANT acknowledges and agrees: a. the date of this agreement is the date all parties have signed, which will be inserted after the LANDLORD signs the agreement; b. where the date of this agreement precedes the Commencement Date, this agreement comes into force and effect on and from the date of the agreement, however, the right to take occupancy of the room will take effect on and from the Commencement Date; c. a notice or other communication required or permitted to be given must be in writing. In the case of a notice or communication to the TENANT, it can be sent to the TENANT s address specified on this agreement, or such other address as advised in writing by the TENANT from time to time, unless notified otherwise by the TENANT to the LANDLORD in writing; and d. a party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and must be signed by the party giving the waiver. 23 Personal Insurance It is the TENANT S own responsibility to take out contents insurance for personal belongings in the premises. 24 Release and Indemnity To the fullest extent permitted by law and subject to the Residential Tenancies Act 1995, the TENANT hereby releases the LANDLORD from and indemnifies the LANDLORD against all claims, injury, loss or damage of any nature that the TENANT or any guest or visitor who is in the Property at the invite of the TENANT or in the company of the TENANT might suffer or sustain: a. whilst in or in the vicinity of the Property; or b. arising from or in connection with the TENANT s of a room, apartment or access to or the use of any part of the Property or any of the Property s facilities or services; or c. arising from or in connection with any act or omission of any other occupant of the apartment, any TENANT of the Property or any other person who is lawfully or unlawfully in the Property at any time; or d. whilst observing or participating in any activity at the Property or at any place outside the Property, including (but is not limited to) any such activity which is organised, sponsored, promoted, recommended or endorsed by the LANDLORD, by any TENANT of the Property or by any organisation or group which is in any way associated with the Property and/or the LANDLORD, unless such injury, loss or damage is caused or contributed to (to the extent of the contribution only) the result of the gross negligence of the LANDLORD. 25 Severability If, at any time, any provision of this agreement is or becomes illegal, invalid or unenforceable in any respect, that provision is to be severed to the extent necessary to make this agreement enforceable, and such provision will not affect or impair the legality, validity or enforceability of any other provision of this agreement. 26 Additional Tenant(s) Multi-bed Apartment (2, 3, 4, 5, 6 & 7 bed apartment) By signing this agreement and in consideration of the rights granted to the TENANT in this agreement, the TENANT acknowledges and agrees: a. where the premises is a multi-bed apartment: (i) (ii) the TENANT s right to occupy the room is on an exclusive basis and the TENANT S right to occupy the apartment common areas is on a non-exclusive/ shared arrangement with other TENANT(s). the LANDLORD may, at any time during the period of this agreement, grant a right of occupancy to additional TENANT(s) to occupy a room within the apartment, provided the number of TENANT(s) in the apartment does not exceed the number of beds for the apartment type as specified in Item 18 of this agreement; b. despite paragraph a.(ii), the TENANT and the TENANT s guarantors will continue to observe the provisions of this agreement. The LANDLORD acknowledges and agrees that despite paragraph a.(ii): c. the TENANT s bond or rent will not be varied or affected under this agreement and the TENANT will not be responsible for the bond or rent of any other tenant under this agreement; and d. the period of this agreement that applies to the TENANT will not be affected or varied by paragraph a.(ii) or the period that applies to any other tenant. Twin Share Apartment By signing this agreement and in consideration of the rights granted to the TENANT in this agreement, the TENANT acknowledges and agrees: e. where the premises is a twin share apartment: (i) (ii) the TENANT s right to occupy the premises is on a nonexclusive/ shared arrangement with one other person. the LANDLORD may, at any time during the period of this agreement, grant a right of occupancy to additional TENANT(s) to occupy the premises provided

17 Special Terms Example Special Terms PAGE 6 the number of TENANT(s) in the premises does not exceed the number of beds for the apartment type as specified in Item 18 of this agreement; f. despite paragraph a.(ii), the TENANT and the TENANT s guarantors will continue to observe the provisions of this agreement. The LANDLORD acknowledges and agrees that despite paragraph a.(ii): g. the TENANT s bond or rent will not be varied or affected under this agreement and the TENANT will not be responsible for the bond or rent of any other tenant under this agreement; and h. the period of this agreement that applies to the TENANT will not be affected or varied by paragraph a.(ii) or the period that applies to any other tenant.

18 Special Terms Example Special Terms PAGE 7 We encourage Residents to work with our team in order for us to best assist a smooth transition from this agreement. SIGNED BY THE RESIDENT IN THE PRESENCE OF Jane Smith Witness Signature Jane Smith Witness Name (please print) John Smith Resident s Signature John Citizen Resident s Name (please print) Disclaimer & Warning Atira Student Living Pty Limited (the owner of the building) and Atira Student Living Student Living Pty ltd (the company which operates the Building) strive to ensure the accuracy and reliability of the information contained in this handbook (Information) but no warranty is provided in this regard. Atira Student Living reserves the right to change or alter at any time, without notice, any of the Information. To the extent permitted by law, Atira Student Living and each of their employees disclaim any liability (including all losses, damages, costs and expenses of whatever nature) arising from the use of, or reliance on, any of the Information. VERSION 1.0 SEPTEMBER2017

19 Photo Identification Example Passport SA P M E L Australian Drivers License

20 Proof of Enrolment Example Confirmation of Enrolment (COE) SAMPLE Student ID Card SAMPLE

21 House Rules SOUTH AUSTRALIA INTRODUCTION The House Rules (Rules) are a supplement to and form part of the Residential Tenancy Agreement and any applicable legislative provisions aimed at providing guidance and additional information on Atira policies and procedures. Residents are required to comply with the Rules during their stay. Any failure by residents to comply with these Rules will constitute a failure to comply with the provisions of the Residential Tenancy Agreement and may lead to disciplinary action including termination of a resident s right to reside in the Property. Atira Management will give 7 days written notice to any updates to the Rules. If the update relates to risk and safety, the amendment to the Rules will come into effect immediately. 1. Property Induction Residents are required to attend compulsory inductions within 7 days of checking-in to the Property. Inductions cover fire safety, maintenance, the residential life program, health and safety and support services. All residents will be required to sign an attendance record confirming their presence. Residents who fail to attend a scheduled induction session must, when requested, attend a one-off session (at a time nominated by management) to ensure they are adequately inducted to the Atira community. 2. Under 18 International Students All residents under the age of 18 years of age must adhere to the following Atira curfew rules and procedures: a. Curfew time is 10:00pm; b. Residents are not permitted to leave the Property prior to 6:00am; c. Residents must present themselves to reception before 10:00pm and register their presence to avoid the Resident s institution and/or guardian being notified. d. Permission to go on holidays or stay outside of the Property must be approved by the institution and/or guardian. Atira must receive written confirmation from the institution and/or guardian. e. No overnight guests are permitted. Visitors must leave by 10:00pm. f. No alcohol can be consumed or kept by the under 18 Resident. Under 18 Residents found to be in possession of or under the influence of alcohol will have their guardian notified immediately and their institution advised. RESIDENT BEHAVIOUR & WELLBEING Atira expects all residents to behave in an orderly and responsible manner, and consider the peace, comfort and privacy of others. If Atira is concerned about the personal wellbeing and/ or safety of a resident, then they are entitled to treat the situation as an emergency and enter a resident s room/ apartment without notice and/ or notify their institution s counselling services about any concerns. If a resident is worried about a fellow resident in their apartment or if the behaviour of another resident in the Property affects the peace and living situation of other residents, the resident should immediately notify management and endeavour to seek help for that resident of concern. 3. Conduct and Behaviour Atira is committed to ensuring that anyone who is part of the Atira community treats, and is treated, at all times fairly and equitably, in an environment which is free of harassment, intimidation, bullying and discrimination. Residents must not engage in any form of harassment, discrimination, intimidation, bullying, and/or discrimination of any kind towards fellow residents, Atira staff or any other person on or about the Property (including, without limitation, by on-line means, such as or via social networking sites, or otherwise). Atira enforces a zero-tolerance policy in respect of Harassment, Bullying and Discrimination. Examples of such unacceptable behaviour include (but is not limited to): Harassment: unwanted behaviour that makes a person feel intimidated, threatened or humiliated. Sexual Harassment: unwelcome sexual advances, requests for sexual favours, and other verbal or physical conduct of a sexual nature where a person is intimidated, threatened or humiliated. Bullying: repeatedly and intentionally use words or actions against someone or a group of people to cause distress and risk to their wellbeing. Cyber/Social Bullying: bullying that is caused through the use of technology, such as the internet and social channels. Discrimination: the unjust or prejudicial treatment of a person or group on the basis of their background or personal characteristics. Any resident experiencing or witnessing such behaviour should report it immediately to management, who in turn will investigate and action the complaint accordingly. Outside general office hours, report such calls to the duty Resident Assistant, who will escalate the complaint to the General Manager, as the case may be. Atira Management will not tolerate nor accept any form of such harassment, bullying and discrimination which will be deemed as serious misconduct and will result in disciplinary action, including without limitation, referral to the resident s institution and appropriate authorities (such as the police), and may result in termination of the resident s Residential Tenancy Agreement.