The Iconic: Rooming Accommodation Agreement

Please note this is the Rooming Accommodation Agreement. Further rules pertaining to common areas of the facility are erected in these areas and as required throughout the facility.

RECITALS

The Rooming House Operator is the owner of the Premises;
The Resident is entering into this Agreement with the Landlord to occupy a Room in the Premises;

OPERATIVE PROVISIONS

1. Terms and Explanatory Information

Definitions

Agreement means this Rooming Accommodation Agreement;

Occupancy Fee means the amount specified in Item 6 of the Schedule which the Resident must pay to the Landlord;

House Rules means the House Rules for Rooming Accommodation annexed to this Agreement and marked “Annexure B”;

Management means The Iconic Rooming House Management referred to in the House Rules;

Premises means the Iconic Rooming House located at 55 Maud Street, Geelong in the State of Victoria and includes internal and external areas;

Room means the room occupied by the Resident at the Premises and identified in Item 4 of the Schedule;

Schedule means the Agreement Schedule annexed to this Agreement and marked “Annexure A”

Termination Date means the date the Agreement comes to an end as outlined in Item 8 of the Schedule;

2. The Resident’s obligations

2.1 The Residents agrees:

To use the Room as the Resident’s residence;
To use keep noise to a minimum in consideration of other residents;
To not interfere with the reasonable peace, comfort and privacy of other residents;
To at all times maintain a reasonable standard of dress in consideration of other residents and visitors, especially when visiting common areas, showers and bathrooms;
To keep TVs and Radios at an acceptable level as to not disturb other residents. Music is to be played at background levels only and not played between the hours of 11pm and 7am;
To not cause real or perceived violence or threats of violence or to bully or intimidate another person;
To report any repairs and maintenance required within their room or the common area to management as soon as such requirement becomes known or reasonably ought to be known;
To ensure bathrooms are left clear of excess water on the floor or vanity areas and to empty water from the mop buckets after use and return them to their storage location.
To ensure all lights are turned off in the common areas if the Resident is the last person to use the common area;
To not remove any furniture included in the bedrooms and common areas and to ensure they are maintained in a good condition.
To not cause damage to real or personal property of another person in the Premises.
To not tamper with smoke alarms;
To not tamper or attempt to override the smart access control system in their room;
To not redirect, block or tamper with the CCTV in the centre;
To not graffiti in the centre;
To not consume, possess or distribute illegal substances in the Premises;
To not consume excessive amounts of alcohol in the Premises;
To not behave offensively with or towards others;

3. Guests and Overnight Visitors

The Resident is permitted to have short stay visitors provided that the Resident:

Accompanies their visitor at all reasonable times whilst on the Premises;
Ensures that their visitor is aware of the House Rules and does not interfere with the reasonable peace, comfort or privacy of other residents;
Undertakes responsibility and liability for any damage(s), loss or injury caused by their visitor; and
Undertakes and agrees that the behaviour of their visitor may lead to the termination of this Agreement if police are called due to their visitor’s behaviour.
All visitors must leave the property by 10pm.
- The Resident is not permitted to have an overnight visitor unless permission is granted, in writing by management.

4. Parties and social gatherings

Parties and social gatherings are strictly prohibited on the Premises;
A resident may not have more than three visitors in their room at any one time;
Common area times are strictly between 7am and 11pm daily and will be closed remotely outside these hours;
Residents are responsible for any person visiting their Bedroom;
Residents are responsible for their guest leaving the premises by 10pm in a quiet and orderly manner;
Management may on a case by case basis grant exceptions to the above which is granted at Management’s discretion only and which must be confirmed in writing.

5. Default by Resident and Notice

If any one or more of the events outlined below occurs, the Resident shall be deemed to have breached this Agreement and the Landlord will have the right to terminate this Agreement on reasonable notice to the Resident:

The Resident fails to pay an amount due under this Agreement by the due date and such amount(s) remains unpaid for seven (7) days whether or not formal demands for repayment have been made
The Resident breaches the House Rules described in Annexure B;
The Resident ceases to occupy the Room before the Termination Date;
The Resident becomes bankrupt or commits an act of bankruptcy;
The Resident commits any act or behaviour which justifies ‘immediate eviction’ which is outlined in the House Rules;
The Resident is charged with a Criminal offence which is deemed incompatible with the Agreement or may endanger the wellbeing or safety of other residents;
- The Landlord shall be entitled to recover any losses and costs whatsoever that arise from the Resident’s default of this Agreement;
- Upon the Resident’s Default, the Landlord may remove any fixtures, fittings and or/ the Resident’s personal property from the Room and store the same at the expense of the Resident without being deemed guilty of conversion or becoming liable for any loss or damage in relation to removing and storing the Resident’s personal property.
- Any notice required under this Agreement shall be sufficiently served on the Resident by:
  - Personal service; or
  - By mailing any notice to the Resident’s last known place of residence; or
  - By email.

6. Termination of agreement by the Resident

The Resident agrees to provide the Landlord with four (4) weeks written notice prior to ending this Agreement before the Termination Date;
The Resident agrees if this Agreement is terminated prior to the Termination Date, the Resident will remain liable to pay the Occupancy Fee until the Termination Date;
The Landlord will make reasonable endeavours to locate another Resident that is acceptable to the Landlord to occupy the Premises;
The Resident agrees that an early termination Fee and other administration charges associated with early termination will be paid prior to the Resident’s departure;

7. Indemnity

The Resident agrees to indemnify the Landlord:

Against any loss, liability, costs or expenses incurred or suffered by the Landlord arising from or in connection with any damage to the room, other areas of the Premises, goods or chattels of another person caused by or contributed to by the Resident’s acts, negligence or default; and
Against any loss, liability, costs or expenses incurred or suffered by the Landlord arising from or in connection with any damages to the Room or other areas of the Premises, goods or chattels of another person caused by or contributed to by the acts, negligence or omissions of the Resident’s guest(s); and
In respect of any liability or loss arising from costs, charges and expenses incurred in connection with the breach or default of this Agreement.

8. Acknowledgments

The Resident acknowledges having had the opportunity to seek independent legal advice and has entered into this Agreement freely and voluntarily.
The Resident acknowledges the House Rules that are incorporated into this Agreement and is aware of the terms and conditions contained in them. The Resident understands the House Rules described herein are incorporated into this Agreement.
The Resident declares that no promises, representations, warranties or undertaking either express or implied have been given by or on behalf of the Landlord in relation to the suitability of the Room or Services.
The Resident acknowledges that all the fixtures, fittings and furnishings in the Room and Facility are the absolute property of the Landlord.
The Resident acknowledges that no pets are to be kept on the premises at any time. Exceptions may be given by the Management only and in writing, on a case by case basis for residents who required a trained dog for sight or sound assistance.