Hi,

For a while now there has been a perceived issue with the wording of the regulations in respect to Carpet Cleaning and Fumigation, for a Residential Tenancy Agreement, as a result of Pets being kept at the premises.

The wording of regulated Additional Term 45 appears to imply that the Tenant need only 'have the carpets professionally cleaned' OR 'have the residential premises fumigated' regardless of whether both are required as a result of animals being kept on the premises.

I am sure the legislation's intention is not to make this additional term unfair in favour of the Tenant, but unfortunately the wording used appears to make it so.

For some time we simply changed this term, replacing the first instance of the word 'or' with 'and'. Feedback from clients indicates that Fair Trading NSW do not agree with this remedy.

As a result we have decided to leave the regulated additional term (Additional Term - Pets - terms 43, 44 and 45) in the ADL version of the tenancy agreement and have it permanently crossed out (as permitted under the regulations). We have then replaced it with a completely new additional term (46), worded in a manner to avoid confusion and be fair to both Landlord and Tenant.

We thank you for your feedback on this matter and your patience in respect of our providing a remedy.

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