All Topics / Legal & Accounting / Changes to Tenancy Agreement WA

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  • Profile photo of Dave@PIDave@PI
    Participant
    @davepi
    Join Date: 2012
    Post Count: 14

    Hi ,

    I was just wondering if I download a Tenancy Agreement from the net and add some clauses to it, is it still legal? Do I need to use a particular agreement or is any fine?

    Thanks

    Dave

    Profile photo of DerekDerek
    Member
    @derek
    Join Date: 2004
    Post Count: 3,544

    In most situations any piece of paper can form the basis of an agreement – provide both parties have signed said agreement.

    Just make sure both parties sign the modified agreement and, in particular, initial any changes that are made to the standard form.

    Profile photo of Dave@PIDave@PI
    Participant
    @davepi
    Join Date: 2012
    Post Count: 14

    Ok great Thanks Derek!

    Profile photo of FreckleFreckle
    Blocked
    @freckle
    Join Date: 2012
    Post Count: 1,680

    An agreement is a contract and therefore falls under tort law. Contract law is not written in stone instead disputes are about what is fair and reasonable. Consequently one can include almost anything in a legally binding agreement subject to the fairness proviso. Agreements cannot contravene or side step legislative law. For example certain rights cannot be negotiated away simply because 2 parties agree. 

    Common english contracts are becoming more popular especially with the advent of the internet and better access to legal opinion. So don't be afraid to be a little more wordy in your agreements. That doesn't mean you have to use a legalese style simply that you can include explanatory notes to make your meaning clear. Get a community law center to give it the once over if you're not sure. They're usually free,

    Profile photo of DerekDerek
    Member
    @derek
    Join Date: 2004
    Post Count: 3,544

    Hi Freckle,

    Good comments of yours.

    @dave – if you are doing some editing – make sure what is included is absolutely clear. I have seen too many agreements of all sorts that become vague when push comes to shove. Suggest you get someone who is not party to read any adjustments and get them to tell you what it means. If there is any discrepancy reword or tighten things up

Viewing 5 posts - 1 through 5 (of 5 total)

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