CPP4016A: Detailed Report on Lease Agreements and Tenancy Management

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This report, focusing on CPP4016A, examines crucial aspects of lease and tenancy agreements. It addresses the importance of tenant confidentiality, including the protection of personal information such as financial details and sensitive attributes, as mandated by law. The report then details the process of extending fixed-term contracts, either through new agreements or by allowing the existing agreement to lapse into a periodic one, and the required 14-day notice period. It also covers the formalization of periodic agreements and the necessity of updated agreements when terms change. Finally, the report outlines the essential components of new fixed-term agreements, referencing the Residential Tenancies Regulation 2010, the use of specific forms, and the process of signing and exchanging documents between lessors and tenants. The report concludes by referencing key sources such as NSW Fair Trading, the Office of the Australian Information Commissioner (OAIC), and the Tenants Union Act Inc.
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Running head: CPPDSM4016A 1
Monitor and Manage Lease or Tenancy Agreement
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CPPDSM4016A 2
Monitor and Manage Lease or Tenancy Agreement
Question 10- The tenant is entitled to confidentiality with regards to how their personal
information is used by the lessor. The information may be with regards to their sources of
income and financial institution they are using. Other confidential information may touch on
race, religion and sexual orientation. This information is confidential and protected by the law
and should not be divulged to third parties (OAIC, 2017). Third parties may include marketing
companies and financial institutions which may use the information to solicit business from the
tenant. The tenant information may not also be shared with other lessors within the particular
area. This may unfairly prejudice the tenant in the event that they do not conclude and sign an
agreement with the first lessor. This may be in the form of credit reports about the tenant.
Question 11.a.- The fixed term contract can be extended by the tenant and lessor
agreeing to sign a new agreement or by doing nothing so that it lapses into a periodic agreement
until completion of the expiry date (NSW, 2017). Before the fixed term can be extended the
tenant needs to give the mandatory 14 days notice to the lessor of their intention to extend the
lease. The periodic agreement can also be formalized as an agreement which is continuous or
monthly (Tenants Union Act Inc, 2016). If there are changes in the current terms, then a new
agreement should be signed which spells out the material changes as a new agreement. This
involves signing a new tenancy agreement using form the New South Wales 2010 tenancy form
and both parties should retain copies for reference.
Question 11.c- New fixed term agreements spell out the terms and conditions between
the lessor and tenant. This is set out in the Residential Tenancies Regulation 2010 Schedule
Form (NSW, 2017). The form also contains an addendum for properties with swimming pools or
spas which should also be filled.The agreement should state the personal details of the tenant,
starting and expiry date and terms of payment. The standard terms of delineating boundaries of
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CPPDSM4016A 3
what the two parties can and cannot do are also set out. Additionally, special terms if any are also
included in the agreement. The tenant is presented with the appropriate form to fill out and
append their signature. This must be done within a short time window of getting the form. The
lessor then also signs and gives the tenant a copy which is signed. The lessor has limited time
within which to give the tenant the signed copy.
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CPPDSM4016A 4
References
NSW. (2017). Completing a Tenancy Agreement. NSW Fair Trading. Retrieved from
http://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owners/Being_a_landlord/
Starting_a_tenancy/Completing_a_tenancy_agreement.page
OAIC. (2017). Tenancy. Retrieved from https://www.oaic.gov.au/individuals/faqs-for-
individuals/tenancy/
Tenants Union Act Inc. (2016). Do I have to sign a new Lease when my Fixed term Lease ends?
Retrieved from https://www.tenantsact.org.au/do-i-have-to-sign-a-new-lease-when-my-
fixed-term-lease-ends/
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