RESIDENTIAL TENANCIES ACT 1997 - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Name of Act 2. Dictionary 3. Notes 3A. Offences against Act--application of Criminal Code etc 4. Application of Act PART 1A--MEANING OF RESIDENTIAL TENANCY AGREEMENT 5. Who is a lessor? 6. Who is a tenant? 6A. What is a residential tenancy agreement? 6B. Residential tenancy agreement if agreement written and says it is residential tenancy 6C. Residential tenancy agreement if agreement part of employment 6D. Certain kinds of agreements not residential tenancy agreements 6E. Certain people given right of occupation not tenants 6F. Certain kinds of premises mean no residential tenancy agreement 7. When does residential tenancy agreement start? PART 2--RESIDENTIAL TENANCY AGREEMENTS Division 2.1--Terms of agreement 8. Standard residential tenancy terms 9. Inconsistent tenancy terms void 10. Endorsement of inconsistent tenancy terms by ACAT Division 2.2--Precontractual obligations 11. Compliance 11A. Energy efficiency rating--advertising 12. Lessor's obligations 13. Tenant's obligations 14. Agent's obligations Division 2.3--Consideration 15. Rent or a bond only 16. Alternative to a bond--guarantee or indemnity 18. Holding deposits Division 2.4--Lessor's obligations on signing agreement 19. Copy of agreement to be given to tenant PART 3--BONDS Division 3.1--Payment of bonds 20. Maximum amount payable 21. Only 1 bond per residential tenancy agreement 22. Successive residential tenancy agreements Division 3.2--Depositing bond 23. Deposit of bond by lessor 24. Deposit of bond by tenant 25. Notice accompanying deposit 26. Acknowledgment of receipt of bond money 27. Payment of bond money into trust account 28. Interest on amounts in trust account Division 3.3--Condition of premises and deductions from bond 29. Condition reports 30. Evidence of condition of premises 31. Deductions from bond Division 3.4--Release of bond money 32. Application for release 33. Notification of application 34. Release if no dispute or if order 35. Disputes about all or part of bond PART 4--TERMINATION OF RESIDENTIAL TENANCY AGREEMENTS Division 4.1--General 36. Termination 37. Entry for eviction purposes 38. General duty to mitigate 39. Content of termination and possession orders Division 4.2--Warrants for eviction 40. Content of warrant 41. Unconditional orders 42. Conditional orders 42A. Failure to comply with conditional order 42B. Hearing of application Division 4.3--Termination initiated by tenant 43. Breach of standard residential tenancy terms 44. Significant hardship 45. Damage, injury or intention to damage or injure 46. False or misleading statements Division 4.4--Termination initiated by lessor 47. No breach of standard residential tenancy terms 48. Certain breaches of standard residential tenancy terms 49. Failure to pay rent 50. Significant hardship 51. Damage, injury or intention to damage or injure 52. False or misleading statements 53. Employer-provided accommodation 54. Purported assignment or subletting 55. Repudiation without vacation 56. Compensation to lessor 57. Retaliatory applications Division 4.5--Defective termination notices 58. Lessor's defective notice if tenant vacates 59. Lessor's defective notice if tenant does not vacate 60. Tenant's defective termination notice Division 4.6--Abandonment of premises 61. Effect of abandonment 62. Abandonment during fixed term 63. Abandonment during periodic agreement Division 4.7--Miscellaneous 64. Successor in title to lessor PART 5--RENTAL RATE INCREASES 64A. Standard residential tenancy term--increase in rent 65. Waiver of notice requirements 66. Freezing rents 67. Orders 68. Guideline for orders 69. Effect of orders 70. Further increases 71. Reduction of existing rent PART 5A--OCCUPANCY AGREEMENTS 71A. Who is a grantor? 71B. Who is an occupant? 71C. What is an occupancy agreement? 71D. When does an occupancy agreement start? 71E. Occupancy principles 71F. Regulations about occupancy agreements 71G. Standard occupancy terms 71GA. Occupant may deposit bond with Territory PART 6--RESOLUTION OF RESIDENTIAL TENANCY AND OCCUPANCY DISPUTES Division 6.1--Important concepts 72. Meaning of tenancy dispute 73. Meaning of occupancy dispute 74. ACAT to have regard to occupancy principles Division 6.2--Action by registrar 75. Assistance with inquiries about residential tenancy and occupancy Division 6.3--Jurisdiction of ACAT--this Act, standard residential tenancy terms and standard occupancy terms 76. Jurisdiction of ACAT under this Act etc 77. Saving of court jurisdiction 78. Extended jurisdiction of ACAT with agreement of parties Division 6.4--Applications to ACAT 79. Who may apply to ACAT? 80. Applications to ACAT by children--application of this Act etc Division 6.5--Powers and decisions of ACAT 81. ACAT to assist parties to tenancy and occupancy disputes 82. Disputes about agreements no longer in force 83. Orders by ACAT 84. Notice of intention to vacate--award of compensation 85. Substitution of tenant Division 6.6--Enforcement of ACAT orders 86. Failure to comply with ACAT orders PART 6A--TENANCY DATABASES 107B. Definitions for pt 6A 107C. Non-application to internal databases 107D. Restriction on inclusion of personal information 107E. Application to ACAT about contravention 107F. Application to ACAT about incorrect or unjust inclusion in database 107G. Application to ACAT about proposed inclusion of personal information 107H. Order for compensation PART 9--MISCELLANEOUS 126. Declared crisis accommodation provider 127. Death of 1 of more than 2 tenants 127A. Transfer of public housing under will 128. Purported assignment or subletting 131. Proceedings by children 132. Enforcing agreements by or against children 133. Approved forms--Minister 136. Regulation-making power SCHEDULE 1 DICTIONARY ENDNOTES RESIDENTIAL TENANCIES ACT 1997 - LONG TITLE An Act relating to residential tenancies and occupancy agreements RESIDENTIAL TENANCIES ACT 1997 - SECT 1 Name of Act This Act is the Residential Tenancies Act 1997. RESIDENTIAL TENANCIES ACT 1997 - SECT 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references ("signpost definitions") to other terms defined elsewhere. For example, the signpost definition 'energy efficiency rating statement--see the Civil Law (Sale of Residential Property) Act 2003, s 20.' means that the term 'energy efficiency rating statement' is defined in that section and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). RESIDENTIAL TENANCIES ACT 1997 - SECT 3 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. RESIDENTIAL TENANCIES ACT 1997 - SECT 3A Offences against Act--application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg "conduct", "intention", recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. RESIDENTIAL TENANCIES ACT 1997 - SECT 4 Application of Act This Act does not apply in relation to-- (a) a retirement village containing a complex of residential premises (whether or not including hostel units) established mainly for occupation by people who are at least 55 years old under a scheme in which a person makes a payment (including a gift) to the entity administering the scheme in consideration for being admitted as a resident of the complex; or (b) a nursing home or hostel for aged or disabled people conducted by an eligible organisation under the Aged or Disabled Persons Care Act 1954 (Cwlth); or (c) premises prescribed by regulation. Note 1 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including a regulation (see Legislation Act, s 104). Note 2 The Aged or Disabled Persons Care Act 1954 (Cwlth) is available at www.comlaw.gov.au RESIDENTIAL TENANCIES ACT 1997 - SECT 5 Who is a lessor? (1) A person is a lessor if the person grants a right of occupation under a residential tenancy agreement. (2) "Lessor" includes a prospective lessor. RESIDENTIAL TENANCIES ACT 1997 - SECT 6 Who is a tenant? (1) A person is a tenant if the person has a right of occupation under a residential tenancy agreement. (2) "Tenant" includes a prospective tenant. RESIDENTIAL TENANCIES ACT 1997 - SECT 6A What is a residential tenancy agreement? (1) An agreement is a residential tenancy agreement if, under the agreement-- (a) a person gives someone else (the tenant) a right to occupy stated premises; and (b) the premises are for the tenant to use as a home (whether or not together with other people); and (c) the right is given for value. (2) The agreement may be-- (a) express or implied; or (b) in writing, oral, or partly in writing and partly oral. (3) The right to occupy may be-- (a) exclusive or not exclusive; and (b) given with a right to use facilities, furniture or goods. (4) This section is subject to the following sections: o section 6D (Certain kinds of agreements not residential tenancy agreements) o section 6E (Certain people given right of occupation not tenants) o section 6F (Certain kinds of premises mean no residential tenancy agreement). RESIDENTIAL TENANCIES ACT 1997 - SECT 6B Residential tenancy agreement if agreement written and says it is residential tenancy agreement Despite section 6A (4), an agreement is a residential tenancy agreement if it-- (a) complies with section 6A (1) to (3); and (b) is in writing; and (c) expressly states that it is a residential tenancy agreement. RESIDENTIAL TENANCIES ACT 1997 - SECT 6C Residential tenancy agreement if agreement part of employment Despite section 6A (4), an agreement mentioned in section 6A (1) to (3) is a residential tenancy agreement if the person who is given the right to occupy the premises occupies the premises as the person's home under the terms and conditions of the person's employment. RESIDENTIAL TENANCIES ACT 1997 - SECT 6D Certain kinds of agreements not residential tenancy agreements (1) A residential tenancy agreement does not include an agreement-- (a) arising under a mortgage entered into honestly in relation to the premises; or (b) arising under a scheme if-- (i) a group of adjacent premises is owned by a company; and (ii) the tenants who have rights to occupy the adjacent premises are people who jointly have a controlling interest in the company; or (c) entered into honestly to provide a right to occupy the premises for a holiday; or (d) prescribed by regulation. (2) This section is subject to the following sections: o section 6B (Residential tenancy agreement if agreement written and says it is residential tenancy agreement) o section 6C (Residential tenancy agreement if agreement part of employment). RESIDENTIAL TENANCIES ACT 1997 - SECT 6E Certain people given right of occupation not tenants (1) A residential tenancy agreement does not include an agreement for the right to occupy premises if the person given the right of occupation is-- (a) a party to an agreement entered into honestly for the sale or purchase of the premises; or (b) a boarder or lodger; or (c) a person prescribed by regulation. (2) This section is subject to the following sections: o section 6B (Residential tenancy agreement if agreement written and says it is residential tenancy agreement) o section 6C (Residential tenancy agreement if agreement part of employment). RESIDENTIAL TENANCIES ACT 1997 - SECT 6F Certain kinds of premises mean no residential tenancy agreement (1) A residential tenancy agreement does not include an agreement for the right to occupy premises if the premises are-- (a) a caravan or mobile home in a mobile home park; or (b) a hotel or motel; or (c) used for a club; or (d) on the campus of an educational institution; or (e) prescribed by regulation. Note This Act does not apply to retirement villages, nursing homes, hostels for aged or disabled people or other prescribed premises (see s 4). (2) This section is subject to the following sections: o section 6B (Residential tenancy agreement if agreement written and says it is residential tenancy agreement) o section 6C (Residential tenancy agreement if agreement part of employment). RESIDENTIAL TENANCIES ACT 1997 - SECT 7 When does residential tenancy agreement start? A residential tenancy agreement starts on the earliest of the following days: (a) the day stated in the agreement; (b) the 1st day both parties have signed the agreement and received a copy signed by the other; (c) the day the tenant takes possession of the premises; (d) the 1st day the lessor receives rent from the tenant. RESIDENTIAL TENANCIES ACT 1997 - SECT 8 Standard residential tenancy terms (1) A residential tenancy agreement-- (a) must contain, and is taken to contain, terms to the effect of the standard residential tenancy terms mentioned in schedule 1; and (b) if the lessor and tenant agree--may contain a fair clause for posted people; and (c) may contain any other term-- (i) that is consistent with the standard residential tenancy terms; or (ii) that is inconsistent with a standard residential tenancy term if the term has been endorsed by the ACAT under section 10. (2) In this section: "fair clause for posted people" means the following clause: Termination because of posting (1) The tenancy agreement may be terminated-- (a) if the lessor is posted to Canberra in the course of the lessor's employment--by the lessor giving the tenant at least 4 weeks written notice; or (b) if the tenant is posted away from Canberra in the course of the tenant's employment--by the tenant giving the lessor at least 4 weeks written notice. (2) The tenancy ends-- (a) 4 weeks after the day a notice is received under subclause (1); or (b) if a later date is stated in the notice--on the stated date. RESIDENTIAL TENANCIES ACT 1997 - SECT 9 Inconsistent tenancy terms void (1) A term of a residential tenancy agreement is void if-- (a) it is inconsistent with a standard residential tenancy term; and (b) it has not been endorsed by the ACAT under section 10. (2) A term of a residential tenancy agreement is void if it is inconsistent with this Act (other than a standard residential tenancy term). RESIDENTIAL TENANCIES ACT 1997 - SECT 10 Endorsement of inconsistent tenancy terms by ACAT (1) The parties to a residential tenancy agreement may apply in writing to the ACAT for endorsement of a term of the agreement (the inconsistent term) that is inconsistent with a standard residential tenancy term. (2) If the parties apply for endorsement of the inconsistent term, the ACAT must do 1 of the following: (a) endorse the inconsistent term; (b) substitute the equivalent standard residential tenancy term for the inconsistent term. (3) In making a decision under subsection (2), the ACAT must consider-- (a) the criteria determined under subsection (6); and (b) whether the inclusion of the inconsistent term in the residential tenancy agreement was obtained by fraud or undue influence. (4) The ACAT must not endorse a term that is inconsistent with this Act (other than a standard residential tenancy term). (5) The ACAT must not endorse a term mentioned in section 15 (5) in relation to a tenant unless satisfied that the tenant owes an amount to the housing commissioner. (6) The Minister may determine criteria for subsection (3) (a). (7) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. RESIDENTIAL TENANCIES ACT 1997 - SECT 11 Compliance (1) A lessor or tenant, or the agent of a lessor or tenant, must comply with his or her obligations under this division before the residential tenancy agreement commences. (2) A person is taken to have complied with an obligation under this division to provide certain information if that information is set out in the residential tenancy agreement being signed by the tenant. RESIDENTIAL TENANCIES ACT 1997 - SECT 11A Energy efficiency rating--advertising (1) A person commits an offence if-- (a) the person publishes an advertisement for the lease of premises; and (b) the advertisement does not contain a statement of any existing energy efficiency rating of the habitable part of the premises. Maximum penalty: 5 penalty units. (2) Subsection (1) does not apply if the person has a reasonable excuse. (3) A person commits an offence if-- (a) the person publishes an advertisement for the lease of premises; and (b) the advertisement includes a statement of the energy efficiency rating of the habitable part of the premises; and (c) the statement is false or misleading. Maximum penalty: 5 penalty units. (4) Subsection (3) does not apply if the person has a reasonable excuse. (5) Also, subsection (3) (c) does not apply if the statement is not false or misleading in a material particular. (6) An offence against this section is a strict liability offence. (7) In this section: "existing energy efficiency rating", of the habitable part of premises, means the energy efficiency rating, or the most recent energy efficiency rating, prepared for the premises for the purpose of a sale or leasing of the premises. "publish" means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public. RESIDENTIAL TENANCIES ACT 1997 - SECT 12 Lessor's obligations (1) The lessor must give the tenant a copy of the proposed residential tenancy agreement and, if they are not included in the copy of the agreement, the standard residential tenancy terms, and allow the tenant a reasonable time to consider the proposed agreement. (2) A copy of a residential tenancy agreement provided under subsection (1) that contains a provision that is inconsistent with a standard residential tenancy term must be annotated in a way that draws the attention of the tenant to the provision and the fact that it is inconsistent with a standard residential tenancy term. (3) The lessor must provide the tenant with the following information: (a) the lessor's full name; (b) an address for service on the lessor and at which the lessor can be contacted by the tenant; (c) for the premises that are the subject of the proposed residential tenancy agreement-- (i) a copy of an energy efficiency rating statement (if any) for the habitable part of the premises; or (ii) a copy of a fresh energy efficiency rating statement for the habitable part of the premises if-- (A) building work under the Building Act 2004, section 6 has been carried out on the premises that affects the energy efficiency rating of the habitable part of the premises; and (B) before the building work was carried out, an energy efficiency rating statement had been prepared for the habitable part of the premises; (d) if the premises are crisis accommodation provided by a declared crisis accommodation provider--a statement explaining that the lessor can terminate the agreement on 4 weeks notice if the lessor needs the premises to use as crisis accommodation for someone other than the tenant; (e) if there is an asbestos assessment report for the premises and the lessor can obtain a copy of the report after taking reasonable steps--a copy of the report; (f) if there is no asbestos assessment report for the premises or the lessor cannot obtain the asbestos assessment report for the premises after taking reasonable steps--an asbestos advice for the premises. (4) In this section: "declared crisis accommodation provider" means a crisis accommodation provider declared under section 126. RESIDENTIAL TENANCIES ACT 1997 - SECT 13 Tenant's obligations The tenant must provide the lessor with the tenant's full name. RESIDENTIAL TENANCIES ACT 1997 - SECT 14 Agent's obligations The agent of a lessor or tenant must provide the tenant or lessor, as the case requires, with the following information: (a) the agent's full name; (b) the fact that he or she is the agent of the lessor or tenant; (c) if the agent is a company--the name of a company employee who can be contacted in relation to the residential tenancy agreement. RESIDENTIAL TENANCIES ACT 1997 - SECT 15 Rent or a bond only (1) In consideration for giving a tenant a right to occupy premises, a lessor may only require or accept rent or a bond. (2) A lessor must not require or accept any consideration for-- (a) agreeing to enter into, extend or renew a residential tenancy agreement; or (b) agreeing to the assignment or transfer of a tenant's rights and obligations under a residential tenancy agreement; or (c) consenting to a tenant entering into, extending or renewing a residential tenancy agreement with a subtenant; or (d) vacating premises; or (e) giving a tenant a key to premises; or (f) informing a tenant about the availability of premises for occupation under a residential tenancy agreement. (3) For subsection (1), a requirement that a tenant make alterations, improvements or repairs to the premises is taken to be consideration. (4) In subsection (1), a reference to a "bond" includes a reference to either-- (a) a guarantee or an indemnity under section 16; or (b) payments in relation to a contract of insurance that are prescribed for section 17 (a). (5) This Act does not prevent the housing commissioner from requiring a tenant to agree to pay an outstanding amount owed by the tenant to the housing commissioner in relation to a previous tenancy in consideration for giving the tenant a right to occupy premises if the ACAT has, under section 10, endorsed the term of the residential tenancy agreement requiring the payment. (6) The inclusion in a residential tenancy agreement of a term requiring payment of an outstanding amount owed by the tenant to the housing commissioner does not prevent-- (a) the commissioner and the tenant agreeing to the tenant repaying the outstanding amount over a period of time longer than the period set out in the term; or (b) the commissioner from taking action against the tenant in relation to the outstanding amount. RESIDENTIAL TENANCIES ACT 1997 - SECT 16 Alternative to a bond--guarantee or indemnity (1) Subject to subsection (2), in addition to or in place of a bond, a lessor may accept either a guarantee or an indemnity for the performance of a tenant's obligations under a residential tenancy agreement. (2) A guarantee or an indemnity under subsection (1) is only enforceable against the guarantor or indemnifier-- (a) if it is in addition to a bond--to the extent of the difference between the maximum amount that would have been payable by the tenant as a bond and the amount that is payable by the tenant as a bond; or (b) if it is in place of a bond--to the extent of the maximum amount that would have been payable by the tenant as a bond. RESIDENTIAL TENANCIES ACT 1997 - SECT 18 Holding deposits (1) A lessor must not require or accept a holding deposit. (2) An agreement to pay a holding deposit is void, and any amount paid under an agreement to pay a holding deposit is recoverable as a debt owing by the person to whom the amount was paid to the person who paid the amount. (3) In this section: "holding deposit" means an amount paid or payable by a tenant to a lessor in consideration for the lessor not entering into a residential tenancy agreement with a third party in relation to premises pending the tenant entering into a residential tenancy agreement with the lessor in relation to the premises. RESIDENTIAL TENANCIES ACT 1997 - SECT 19 Copy of agreement to be given to tenant (1) After a residential tenancy agreement has been signed by both parties to the agreement, the lessor must give the tenant a copy of the signed agreement. (2) A lessor is taken to have complied with subsection (1) only if the lessor gives the copy to the tenant within 3 weeks after the lessor receives the agreement signed by the tenant. RESIDENTIAL TENANCIES ACT 1997 - SECT 20 Maximum amount payable A lessor may only require or accept as a bond an amount of not more than the first 4 weeks of rent payable under the residential tenancy agreement. RESIDENTIAL TENANCIES ACT 1997 - SECT 21 Only 1 bond per residential tenancy agreement A lessor may only require or accept 1 bond in relation to a residential tenancy agreement. RESIDENTIAL TENANCIES ACT 1997 - SECT 22 Successive residential tenancy agreements If-- (a) a bond is being held in relation to a residential tenancy agreement that terminates or is terminated (the first agreement); and (b) 1 or more of the tenants under the first agreement continue to occupy the premises under a second successive residential tenancy agreement (the second agreement); the lessor must not require or accept a bond in relation to the second agreement unless the bond in relation to the first agreement is the subject of an application for release under section 32. RESIDENTIAL TENANCIES ACT 1997 - SECT 23 Deposit of bond by lessor (1) The tenant must pay the bond to the lessor. (2) Subsection (1) does not apply if the lessor and tenant agree that the tenant will deposit the bond with the Territory. (3) If the tenant pays the bond to the lessor and not to the lessor's agent, the lessor must, before the prescribed period ends, deposit with the Territory-- (a) the amount of the bond; and (b) a notice in accordance with section 25. Maximum penalty: 20 penalty units. (4) If the tenant pays the bond to the lessor's agent, the agent must, before the prescribed period ends, deposit with the Territory-- (a) the amount of the bond; and (b) a notice in accordance with section 25. Maximum penalty: 20 penalty units. (5) An offence against this section is a strict liability offence. (6) In this section: "prescribed period" means-- (a) 2 weeks after the day the lessor receives the bond; or (b) if another period is prescribed by regulation--the prescribed period. RESIDENTIAL TENANCIES ACT 1997 - SECT 24 Deposit of bond by tenant (1) If the lessor and the tenant agree to the tenant depositing the bond with the Territory, the tenant must deposit with the Territory-- (a) the amount of the bond; and (b) a notice in accordance with section 25. (2) Unless the lessor and the tenant otherwise agree, the tenant is not entitled to possession of the premises until the tenant has produced to the lessor evidence that the bond has been deposited. (3) For subsection (2)-- (a) production of the original receipt issued by the Territory is sufficient; or (b) receipt by the lessor from the Territory of a copy of the notice mentioned in subsection (1) (b) is sufficient. RESIDENTIAL TENANCIES ACT 1997 - SECT 25 Notice accompanying deposit A notice under section 23 (1) (b) or section 24 (1) (b) must specify-- (a) the names of and addresses for service on the lessor and the tenant; and (b) the address of the premises that are the subject of the residential tenancy agreement; and (c) the rent payable under the residential tenancy agreement; and (d) the amount of bond being deposited. Note If a form is approved under s 133 (Approved forms--Minister) for a notice, the form must be used. RESIDENTIAL TENANCIES ACT 1997 - SECT 26 Acknowledgment of receipt of bond money (1) If the Territory accepts an amount of bond tendered by a lessor under section 23 (1), the Territory must-- (a) issue to the lessor a receipt for that amount; and (b) give the tenant a copy of the notice mentioned in section 23 (1) (b). (2) If the Territory accepts an amount of bond tendered by a tenant under section 24 (1), the Territory must-- (a) issue to the tenant a receipt for that amount; and (b) give the lessor a copy of the notice mentioned in section 24 (1) (b). RESIDENTIAL TENANCIES ACT 1997 - SECT 27 Payment of bond money into trust account (1) The Territory must pay all bond money received by it under this part to the credit of the trust account. (2) Subject to any order of the ACAT, an amount paid to the credit of the trust account in accordance with subsection (1) must be applied only in the payment of bond money in accordance with section 34 or section 35 (2). RESIDENTIAL TENANCIES ACT 1997 - SECT 28 Interest on amounts in trust account (1) This section applies to interest from the investment of any amount paid to the credit of the trust account under this part. (2) The chief executive must pay the interest into the interest trust account or the ACAT trust account. Note The ACT Civil and Administrative Tribunal Act 2008, s 115C sets out how amounts paid into the ACAT trust account may be used. (3) The chief executive may transfer amounts from the interest trust account to the ACAT trust account. (4) Interest paid into the interest trust account may be applied for the following purposes: (a) providing lessor and tenant information programs; (b) providing dispute resolution services for residential tenancy disputes; (c) facilitating assistance in the provision of residential accommodation, whether or not the accommodation is provided under this Act; (d) researching issues of concern to lessors and tenants; (e) reimbursing the costs incurred by the commissioner in instituting, defending or taking over proceedings in relation to tenancy disputes; (f) reimbursing the Territory the cost of administering this Act. (5) In this section: "interest"--see the Financial Management Act 1996, dictionary. "interest trust account" means the trust bank account maintained by the chief executive of the administrative unit responsible for administering this Act in accordance with the Financial Management Act 1996, section 51. RESIDENTIAL TENANCIES ACT 1997 - SECT 29 Condition reports (1) A lessor must, not later than the day after the tenant takes possession of the premises, give the tenant 2 copies of a report about the state of repair or general condition of the premises, and of any goods leased with the premises, on the day the tenant is given the report. (2) A report under subsection (1) must be signed by the lessor. (3) The tenant must, within 2 weeks after receiving the copies of the report mentioned in subsection (1), return 1 copy to the lessor, either-- (a) signed by the tenant; or (b) endorsed with a statement, signed by the tenant, indicating whether the tenant agrees or disagrees with the whole of the report or with specified parts of it. (4) If the tenant returns the copy signed but without further endorsement, the tenant is taken to have agreed with the whole of the report. (5) To remove any doubt, a condition report for premises may, but need not, contain a list of items at the premises, other than goods leased with the premises. RESIDENTIAL TENANCIES ACT 1997 - SECT 30 Evidence of condition of premises (1) If section 29 (1) and (3) have been complied with, a statement in a report mentioned in section 29 about the state of repair or general condition of the premises, and of any goods leased with the premises, (other than a statement in relation to which the tenant, by endorsement, has indicated disagreement) is evidence of that state of repair or general condition on the day the tenant was given the report. (2) If only section 29 (1) has been complied with, a statement in a report mentioned in section 29 about the state of repair or general condition of the premises, and of any goods leased with the premises, is evidence of that state of repair or general condition on the day the tenant was given the report. (3) If section 29 (1) has not been complied with, evidence by the tenant about the state of repair or general condition of the premises, and of any goods leased with the premises, is evidence of that state of repair or general condition on the day the tenant took possession of the premises. RESIDENTIAL TENANCIES ACT 1997 - SECT 31 Deductions from bond A lessor is entitled to deduct from the bond paid under the residential tenancy agreement any of the following: (a) the cost of repairs to, or the restoration of, the premises or goods leased with the premises as a result of damage (other than fair wear and tear) caused by the tenant; (b) any rent owing and payable under the residential tenancy agreement at the time the agreement terminates or is terminated; (c) the cost of replacing any fuel (such as gas, oil or wood) supplied to the premises by the lessor at the commencement or during the course of the tenancy; (d) any reasonable amount (not greater than the costs incurred) for the cost of legal fees incurred by the lessor in assigning or transferring a tenant's rights under a residential tenancy agreement; (e) any amount expressed in a term of the agreement to be deductible by the lessor from the bond, if the term is endorsed by the ACAT under section 10. RESIDENTIAL TENANCIES ACT 1997 - SECT 32 Application for release (1) Application to the Territory for payment out of the trust account of an amount of bond paid under a residential tenancy agreement may be made by-- (a) the lessor; or (b) the tenant; or (c) the lessor and the tenant jointly. Note If a form is approved under s 133 (Approved forms--Minister) for an application, the form must be used. (2) If an application is made by a person under subsection (1) in relation to a residential tenancy agreement, the person may only make a further application in relation to the same agreement with the chief executive's permission. (3) An application may be made before the termination of the residential tenancy agreement only if it is-- (a) a joint application; or (b) made by the lessor for payment to the tenant, or by the tenant for payment to the lessor, of the total amount of the bond paid under the agreement; or (c) in accordance with an order of the ACAT specifying that money is to be paid from an amount of bond. RESIDENTIAL TENANCIES ACT 1997 - SECT 33 Notification of application If an application (other than a joint application) is made under section 32 by a lessor or a tenant, the Territory must give written notice of the receipt of the application to the tenant or the lessor. RESIDENTIAL TENANCIES ACT 1997 - SECT 34 Release if no dispute or if order (1) If-- (a) a joint application is made under section 32; or (b) a tenant or lessor who has been given notice of an application under section 33 does not notify the Territory in writing within 2 weeks after being given the notice that the tenant or lessor disputes the application; or (c) an application is for payment in accordance with an order of the ACAT specifying an amount of money is to be paid from an amount of bond; the Territory must pay out of the trust account an amount of bond in accordance with the application. (2) The amount paid out of the trust account under subsection (1) in relation to an application must not exceed the amount of bond paid into the trust account in relation to the residential tenancy agreement. RESIDENTIAL TENANCIES ACT 1997 - SECT 35 Disputes about all or part of bond (1) This section applies if-- (a) a tenant or lessor is given a notice (a notice of application) about an application under section 33; and (b) the tenant or lessor gives the Territory a written notice (a notice of dispute) disputing the application within 2 weeks after the day the notice of application is given to the tenant or lessor. (2) The Territory must refer the application and notice of dispute to the ACAT as a tenancy dispute. (3) However, the Territory need not refer the application and notice of dispute to the ACAT if the application is in accordance with an order of the ACAT stating that an amount is to be paid from an amount of bond. (4) If a notice of dispute relates to only part of an amount of bond claimed, the Territory must, before referring the application and notice of dispute to the ACAT, release the amount of the bond that is not in dispute to the appropriate person. RESIDENTIAL TENANCIES ACT 1997 - SECT 36 Termination Despite anything to the contrary in any territory law, a residential tenancy agreement must not terminate or be terminated other than in the following circumstances: (a) if a fixed term agreement ends and the tenant vacates the premises on or after the end of the agreement; (b) if a tenant notifies the lessor in the form approved under section 133 (Approved forms--Minister) for a termination notice, and vacates the premises in accordance with the notice; (c) if the ACAT terminates an agreement under division 4.3 or division 4.4; (d) if the ACAT makes a termination and possession order in relation to the premises that are the subject of the agreement under division 4.4 or division 4.5; (e) if the tenant abandons the premises that are the subject of the agreement; (f) if a person takes action in accordance with section 64; (g) if the tenant and lessor agree in writing to terminate the agreement and the tenant vacates the premises in accordance with the agreement to terminate; (h) if the tenant and the lessor are the same person; (i) if-- (i) a party to the agreement repudiates the agreement; and (ii) the other party accepts the repudiation; and (iii) the tenant vacates the premises; (k) for crisis accommodation--if the lessor-- (i) gives the tenant 4 weeks notice to terminate the agreement; and (ii) has given the tenant information about alternative accommodation; and (iii) needs the premises to use as crisis accommodation for someone other than the tenant. RESIDENTIAL TENANCIES ACT 1997 - SECT 37 Entry for eviction purposes (1) A person must not enter premises or any part of premises of which someone else has prescribed possession for the purpose of recovering possession of the premises or part except in accordance with a warrant issued by the registrar, an order or a warrant of the ACAT or an order or judgment of the Supreme Court. (2) Subject to subsection (3), if a person enters premises in contravention of subsection (1) (the offender), the ACAT must, on application, order the offender to pay to the person who had prescribed possession of the premises the compensation that the ACAT considers appropriate. (3) In considering how much compensation is appropriate for subsection (2), the ACAT must consider whether the lessor reasonably believed that the premises had been abandoned by the tenant. (4) If an offender mentioned in subsection (2) is not the lessor but is acting on behalf of a lessor with the lessor's consent, the ACAT must make any order for compensation that it would otherwise have made against the offender against the lessor. (5) For this section, the following possession is prescribed: (a) possession under a residential tenancy agreement; (b) possession as a former tenant continuing to reside in the premises. RESIDENTIAL TENANCIES ACT 1997 - SECT 38 General duty to mitigate A person who, apart from this section, would be entitled to compensation under this Act is not entitled to the compensation, or part of it, if the loss, or part of the loss, to be compensated could have been reasonably avoided. RESIDENTIAL TENANCIES ACT 1997 - SECT 39 Content of termination and possession orders (1) If the ACAT makes a termination and possession order the order must specify the following: (a) the date the tenancy terminates; (b) that the tenant must vacate the premises on or before the date of termination; (c) either that, should the tenant fail to vacate the premises as specified-- (i) the lessor may request the registrar to issue a warrant for the eviction of the former tenant; or (ii) the termination and possession order has effect as if it were a warrant for eviction. (2) If a termination and possession order specifies that it has effect as if it were a warrant for eviction issued by the ACAT under division 4.2, the order must comply with section 40. RESIDENTIAL TENANCIES ACT 1997 - SECT 40 Content of warrant (1) A warrant issued under this part must-- (a) authorise any police officer to take appropriate action, with any necessary and reasonable assistance, to evict a named person, or a named person and everyone else on the premises, within the period stated in the warrant; and (b) require a police officer to give the named person not less than 2 days notice of the proposed eviction. (2) Subsection (1) (b) does not apply if the registrar believes on reasonable grounds that-- (a) there are exceptional circumstances; and (b) it would be inappropriate to give the notice required by subsection (1) (b). (3) A regulation may prescribe what is, or is not, appropriate action to be taken under a warrant. RESIDENTIAL TENANCIES ACT 1997 - SECT 41 Unconditional orders On request, the registrar must issue a warrant for the eviction of a person if-- (a) the ACAT has made an unconditional termination and possession order; and (b) the person continues to reside at the premises in contravention of that order. RESIDENTIAL TENANCIES ACT 1997 - SECT 42 Conditional orders (1) This section applies to a conditional termination and possession order. Note A conditional termination and possession order is made under s 49 (3) (see also dict). (2) The order expires on the date stated by the ACAT in the order. (3) The expiry day must not be more than 1 year after the day the order is made. (4) However, subsection (3) does not apply if the ACAT believes on reasonable grounds that-- (a) there are exceptional circumstances; and (b) it would be inappropriate to state an expiry day in accordance with subsection (3). RESIDENTIAL TENANCIES ACT 1997 - SECT 42A Failure to comply with conditional order (1) A lessor may apply to the registrar for a warrant for the eviction of a person if-- (a) the ACAT has issued a conditional termination and possession order; and (b) the order has not expired; and (c) the lessor satisfies the registrar that the condition has been satisfied; and (d) the person to whom the order was directed continues to live at the premises. (2) On receiving an application for a warrant, the registrar must-- (a) list the application for hearing before the ACAT not earlier than 1 week after the day the notice under paragraph (b) is given to the person; and (b) give notice to the person to whom the conditional termination and possession order is directed stating-- (i) that an application for a warrant for eviction has been made; and (ii) the time when, and the place where, the application is to be heard; and (iii) that the person should seek legal advice about the application if the person wants to continue to live at the premises. RESIDENTIAL TENANCIES ACT 1997 - SECT 42B Hearing of application (1) An application under section 42A must be decided as if it were an application under section 49 for a termination and possession order. (2) After considering the application and hearing the parties who attend the hearing, the ACAT must-- (a) allow the application; or (b) dismiss the application. (3) If the ACAT allows the application, the ACAT must direct the registrar to issue a warrant for the eviction of the person. (4) If the ACAT dismisses the application, the ACAT may-- (a) confirm the conditional termination and possession order; or (b) make another conditional termination and possession order; or (c) set aside the conditional termination and possession order. RESIDENTIAL TENANCIES ACT 1997 - SECT 43 Breach of standard residential tenancy terms (1) On application by a tenant, the ACAT may terminate a residential tenancy agreement if satisfied that-- (a) the lessor has breached the standard residential tenancy terms; and (b) the breach of the standard residential tenancy terms was not in accordance with a term of the residential tenancy agreement endorsed by the ACAT; and (c) the breach justifies the termination of the tenancy. (2) If-- (a) the ACAT decides to terminate a residential tenancy agreement in accordance with subsection (1); and (b) the ACAT is satisfied that-- (i) the tenant would suffer significant hardship if the agreement were not terminated within 2 weeks after the making of the decision to terminate; and (ii) that hardship would be greater than the hardship the lessor would suffer if the tenancy were terminated within 2 weeks after that day; the ACAT must order that the agreement be terminated at a specified time within 2 weeks after the making of the decision to terminate the tenancy. (3) If-- (a) the ACAT decides to terminate a residential tenancy agreement in accordance with subsection (1); and (b) the ACAT is not satisfied in relation to the matters mentioned in subsection (2) (b); the ACAT must order that the agreement be terminated at a specified time not less than 2 weeks after the making of the decision to terminate. RESIDENTIAL TENANCIES ACT 1997 - SECT 44 Significant hardship (1) On application by a tenant, the ACAT may terminate a fixed term agreement in accordance with this section if satisfied that-- (a) the tenant would suffer significant hardship were the agreement to continue; and (b) the level of hardship is such that it is appropriate and just to terminate the agreement during its fixed term. (2) If-- (a) the ACAT decides to terminate a residential tenancy agreement in accordance with this section; and (b) the ACAT is satisfied that-- (i) the tenant would suffer significant hardship if the agreement were not terminated within 8 weeks after the making of the decision to terminate; and (ii) that hardship would be greater than the hardship the lessor would suffer if the agreement were terminated within 8 weeks after that day; the ACAT must-- (c) specify the day, less than 8 weeks after the making of the decision to terminate, when the termination is to happen; and (d) give the lessor the notice of the proposed termination that is reasonable in the circumstances. (3) If-- (a) the ACAT decides to terminate a residential tenancy agreement in accordance with this section; and (b) the ACAT is not satisfied about the matters mentioned in subsection (2) (b); the ACAT must-- (c) taking into consideration the need to comply with paragraph (d), specify the day, not less than 8 weeks after the making of the decision to terminate, when the termination is to happen; and (d) give the lessor not less than 8 weeks notice of the proposed termination. RESIDENTIAL TENANCIES ACT 1997 - SECT 45 Damage, injury or intention to damage or injure On application by a tenant, the ACAT may terminate a residential tenancy agreement effective immediately if satisfied that the lessor has intentionally or recklessly caused or permitted, or is likely to so cause or permit-- (a) serious danger to the premises or to property of the tenant; or (b) injury to the tenant or a member of the tenant's family. RESIDENTIAL TENANCIES ACT 1997 - SECT 46 False or misleading statements On application by a tenant, the ACAT may terminate a residential tenancy agreement if satisfied that the agreement was induced by a false or misleading statement of the lessor. RESIDENTIAL TENANCIES ACT 1997 - SECT 47 No breach of standard residential tenancy terms (1) On application by a lessor, the ACAT may make a termination and possession order if satisfied that-- (a) a ground for termination exists under the standard residential tenancy terms (other than for a breach of the standard residential tenancy terms); and (b) the lessor has served a termination notice on the tenant based on that ground; and (c) the tenant has not vacated the premises as required by the termination notice. (2) If-- (a) the ACAT makes an order under subsection (1); and (b) the ACAT is satisfied that-- (i) were the order not suspended for a specified period of no more than 3 weeks the tenant would suffer significant hardship; and (ii) that hardship would be greater than the hardship that would be suffered by the lessor if the order were suspended for the specified period; the ACAT may suspend the operation of the termination and possession order for a specified period of no more than 3 weeks. RESIDENTIAL TENANCIES ACT 1997 - SECT 48 Certain breaches of standard residential tenancy terms (1) On application by a lessor, the ACAT may make a termination and possession order if-- (a) satisfied that-- (i) the tenant has breached the standard residential tenancy terms (other than by failing to pay rent that has become payable); and (ii) the lessor has served a termination notice on the tenant based on the breach; and (iii) the tenant did not vacate the premises in accordance with the notice; and (iv) the breach of the standard residential tenancy terms was not in accordance with a term of the residential tenancy agreement endorsed by the ACAT; and (v) the breach justifies the termination of the tenancy; or (b) the ACAT-- (i) has made an order under section 83 (b); and (ii) is satisfied that the tenant has breached that order; and (iii) is satisfied that the breach justifies the termination of the tenancy. (2) The ACAT may, if satisfied that it is appropriate and just to do so in relation to an application mentioned in subsection (1)-- (a) refuse to make a termination and possession order if-- (i) the tenant has remedied the relevant breach; or (ii) the tenant undertakes to remedy the breach within a reasonable specified period and is reasonably likely to do so; or (b) make a termination and possession order but suspend it for a period of no more than 3 weeks if satisfied that-- (i) were the order not suspended for a specified period of no more than 3 weeks the tenant would suffer significant hardship; and (ii) that hardship would be greater than the hardship that would be suffered by the lessor if the order were suspended for the specified period. RESIDENTIAL TENANCIES ACT 1997 - SECT 49 Failure to pay rent (1) On application by a lessor, the ACAT may make a termination and possession order if-- (a) the tenant has failed to pay rent that has become payable under the residential tenancy agreement; and (b) the lessor has served a termination notice on the tenant on the basis of the failure to pay rent; and (c) the tenant has not vacated the premises in accordance with the notice. (2) If a lessor has made an application under subsection (1), the ACAT may refuse to make a termination and possession order if-- (a) the tenant has paid any rent that has become payable and is, in the ACAT's opinion, reasonably likely to pay future rent as it becomes payable; and (b) the ACAT considers it just and appropriate to do so. (3) Subsection (4) applies if-- (a) the tenant is, in the ACAT's opinion, reasonably likely to pay the rent that has become payable as well as pay future rent as it becomes payable; and (b) the tenant agrees to pay the rent that has become payable, and undertakes to pay future rent as it becomes payable, as required by the ACAT. (4) Instead of making a termination and possession order under subsection (1), the ACAT may order (conditional termination and possession order) that if the tenant fails to pay the rent that has become payable, or future rent as it becomes payable, as required by the ACAT-- (a) the tenancy terminates at a stated hour on the day after the day when any rent becomes payable and is not paid; and (b) the lessor becomes entitled to possession of the premises and all rent payable is payable immediately. (5) If-- (a) the ACAT makes an order under subsection (1); and (b) the ACAT is satisfied that-- (i) were the order not suspended for a specified period of no more than 3 weeks the tenant would suffer significant hardship; and (ii) that hardship would be greater than the hardship that would be suffered by the lessor if the order were suspended for the specified period; the ACAT may suspend the operation of the termination and possession order for a specified period of no more than 3 weeks. RESIDENTIAL TENANCIES ACT 1997 - SECT 50 Significant hardship (1) On application by a lessor, the ACAT may make a termination and possession order in relation to premises occupied under a fixed term agreement if satisfied that-- (a) the lessor would suffer significant hardship if the ACAT did not make the order; and (b) that hardship would be greater than the hardship the tenant would suffer if the ACAT made the order. (2) If-- (a) the ACAT decides to terminate a residential tenancy agreement in accordance with this section; and (b) the ACAT is satisfied that-- (i) the lessor would suffer significant hardship if the agreement were not terminated within 8 weeks after the making of the decision to terminate; and (ii) that hardship would be greater than the hardship the tenant would suffer if the agreement were terminated within 8 weeks after that day; the ACAT must-- (c) specify the day, less than 8 weeks after the making of the decision to terminate, when the termination is to happen; and (d) give the tenant the notice of the proposed termination that is reasonable in the circumstances. (3) If-- (a) the ACAT decides to terminate a residential tenancy agreement in accordance with this section; and (b) the ACAT is not satisfied about the matters mentioned in subsection (2) (b); the ACAT must-- (c) taking into consideration the need to comply with paragraph (d), specify the day, not less than 8 weeks after the making of the decision to terminate, when the termination is to happen; and (d) give the tenant no less than 8 weeks notice of the proposed termination. RESIDENTIAL TENANCIES ACT 1997 - SECT 51 Damage, injury or intention to damage or injure On application by a lessor, the ACAT may make a termination and possession order effective immediately if satisfied that the tenant has intentionally or recklessly caused or allowed, or is likely to cause or allow-- (a) serious damage to the premises or to other property of the lessor; or (b) if the lessor is an individual--injury to the lessor or a member of the lessor's family; or (c) if the lessor is a corporation--injury to a representative of the corporation or a member of a representative's family; or (d) serious or continuous interference with the quiet enjoyment of nearby premises by an occupier of the premises. RESIDENTIAL TENANCIES ACT 1997 - SECT 52 False or misleading statements On application by a lessor, the ACAT may make a termination and possession order if satisfied that the residential tenancy agreement was induced by a false or misleading statement of the tenant. RESIDENTIAL TENANCIES ACT 1997 - SECT 53 Employer-provided accommodation (1) On application by a lessor, the ACAT may make a termination and possession order if satisfied that-- (a) the residential tenancy agreement was entered into as part of a contract of employment; and (b) the tenant has, since the agreement was entered into, ceased to be employed by the lessor; and (c) the lessor requires the premises to accommodate another employee. (2) If a residential tenancy agreement is entered into between a university and-- (a) a visiting academic; or (b) a staff member; or (c) a contract employee; or (d) a postgraduate student; or (e) an undergraduate student; or (f) a person undertaking an approved course of study; and a person of the kind mentioned in paragraphs (a) to (f) ceases to be a person of that kind, on application by the university, the ACAT may make a termination and possession order. (3) If the ACAT makes an order under subsection (1) or (2), the ACAT must give the tenant no less than 4 weeks notice of the termination of the tenancy. RESIDENTIAL TENANCIES ACT 1997 - SECT 54 Purported assignment or subletting (1) On application by a lessor, the ACAT may make a termination and possession order if satisfied that-- (a) the tenant purported to assign or sublet the premises in contravention of the standard residential tenancy terms; and (b) the purported assignment or subletting was not in accordance with a term of the residential tenancy agreement endorsed by the ACAT; and (c) the lessor served a termination notice on the tenant on the basis of the purported assignment or subletting; and (d) the premises have not been vacated. (2) Even though the ACAT is satisfied about the matters mentioned in subsection (1) (a), (b) and (c), the ACAT may, if satisfied that it is appropriate to do so-- (a) if the purported assignee or sublessee vacates the premises--refuse the application for a termination and possession order; or (b) make a termination and possession order contingent on the failure of the purported assignee or sublessee to vacate the premises by a day specified in the order, by which the purported assignee or sublessee has undertaken to vacate the premises; or (c) make a termination and possession order but suspend the operation of the order for a specified period of no more than 3 weeks from the date of making the order if-- (i) the purported assignee or sublessee would suffer significant hardship if the ACAT made a termination and possession order that took effect within the specified period after the making of the order; and (ii) that hardship would be greater than the hardship the lessor would suffer if the ACAT made the order and it did not come into effect within that period. RESIDENTIAL TENANCIES ACT 1997 - SECT 55 Repudiation without vacation On application by a lessor, the ACAT may make a termination and possession order if-- (a) the tenant repudiates the residential tenancy agreement in writing; and (b) the lessor accepts the repudiation as proposed by the tenant; and (c) the tenant fails to vacate the premises on or before the date specified for vacation in the notice of repudiation. RESIDENTIAL TENANCIES ACT 1997 - SECT 56 Compensation to lessor If a person to whom a termination and possession order is directed fails to vacate the specified premises in accordance with the order, the ACAT may, on application made within 4 weeks after the date when the person was to vacate the premises, order the person to pay to the applicant such of the following as it considers appropriate: (a) an amount equal to the rent that would have been payable to the applicant if the premises had been tenanted during the period for which the person was in possession of the premises after termination of the residential tenancy agreement; (b) an amount equal to the reasonable costs incurred by the applicant in applying for a warrant for eviction and having the warrant executed. RESIDENTIAL TENANCIES ACT 1997 - SECT 57 Retaliatory applications (1) This section applies if-- (a) a lessor has applied for a termination and possession order under this part; and (b) the tenant presents evidence that-- (i) the tenant applied to the ACAT for an order in relation to the lessor; or (ii) the tenant complained to a governmental entity in relation to the lessor; or (iii) the tenant took reasonable action to secure or enforce the tenant's rights; or Examples 1 The tenant sought legal advice. 2 The tenant sought mediation. (iv) the ACAT made an order in favour of the tenant against the lessor. Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (2) The ACAT must refuse to make the termination and possession order-- (a) if satisfied that the circumstance mentioned in subsection (1) (b) exists; and (b) in the absence of proof to the satisfaction of the ACAT that the lessor was not motivated to apply for a termination and possession order by the circumstance. (3) Subsection (2) applies despite any other provision of this part. RESIDENTIAL TENANCIES ACT 1997 - SECT 58 Lessor's defective notice if tenant vacates (1) If-- (a) a lessor purports to serve a termination notice on a person; (b) the form is not in the form approved under section 133 (Approved forms--Minister) for a termination notice or served as prescribed by regulation; and (c) the person vacates the premises in accordance with the notice; the residential tenancy agreement terminates on the day the person vacates the premises. (2) A former tenant who vacated premises in accordance with a termination notice that was not in the form approved under section 133 (Approved forms--Minister) for a termination notice may apply to the ACAT for the following orders: (a) an order for compensation for wrongful eviction; (b) an order for reinstatement as tenant in possession of the premises. (3) The ACAT must not make an order mentioned in subsection (2) (b) unless-- (a) the premises are vacant and have not been leased; and (b) the ACAT considers it appropriate to do so. RESIDENTIAL TENANCIES ACT 1997 - SECT 59 Lessor's defective notice if tenant does not vacate (1) If-- (a) a lessor purports to serve a termination notice on a tenant; and (b) the form is not in the form approved under section 133 (Approved forms--Minister) for a termination notice or served as prescribed by regulation; and (c) the tenant does not vacate the premises; the lessor may apply to the ACAT for a waiver of the defect in the notice or in the service of the notice and for the making of a termination and possession order. (2) The ACAT must not waive a defect in a termination notice or its service and make a termination and possession order unless satisfied that the defect did not, and is not likely to, place the tenant in a significantly worse position than the tenant would have been in had the notice been in, and served in, accordance with the standard residential tenancy terms. RESIDENTIAL TENANCIES ACT 1997 - SECT 60 Tenant's defective termination notice (1) If a tenant purports to serve a termination notice on a lessor and vacates the premises in accordance with the notice, even though the notice is not in the form approved under section 133 (Approved forms--Minister) for a termination notice-- (a) the residential tenancy agreement terminates on the vacation of the premises in accordance with the notice; and (b) the former lessor may apply to the ACAT for compensation for the tenant's abandonment of the premises. (2) The ACAT must award compensation to a person who makes an application mentioned in subsection (1) (b) unless satisfied that the person was not in a significantly worse position because of the defect in the notice than the person would have been had the notice been in the approved form. RESIDENTIAL TENANCIES ACT 1997 - SECT 61 Effect of abandonment If a tenant abandons premises that the tenant occupies under a residential tenancy agreement, the agreement terminates on the day of abandonment. Note If there is a dispute about the date of abandonment, the parties may apply to the ACAT for an interim order declaring when the premises were abandoned (see ACT Civil and Administrative Tribunal Act 2008, s 53). RESIDENTIAL TENANCIES ACT 1997 - SECT 62 Abandonment during fixed term (1) If a tenant abandons premises before the end of a fixed term agreement, the former lessor may apply to the ACAT for the following compensation: (a) compensation for the loss of the rent that the former lessor would have received had the agreement continued to the end of its term; (b) compensation for the reasonable costs of advertising the premises for lease and of giving a right to occupy the premises to another person. (2) On application, the ACAT may award compensation of the kind mentioned in subsection (1) (a) and (b). (3) The amount of compensation the ACAT may award-- (a) under subsection (1) (a) must not exceed an amount equal to 25 weeks rent; and (b) under subsection (1) (b) must not exceed an amount equal to 1 week's rent. (4) In deciding the amount of compensation that may be awarded under subsection (2) in relation to costs, the ACAT must have regard to when, apart from the abandonment of the premises-- (a) the agreement would have ended; and (b) the lessor would have incurred the costs mentioned in subsection (1) (b). RESIDENTIAL TENANCIES ACT 1997 - SECT 63 Abandonment during periodic agreement If a tenant abandons premises of which the tenant has possession under a periodic agreement, the former lessor may claim from the former tenant compensation of an amount equivalent to 3 weeks rent. RESIDENTIAL TENANCIES ACT 1997 - SECT 64 Successor in title to lessor (1) A person other than a lessor who, apart from section 36, would be entitled to possession of premises, may terminate the residential tenancy agreement relating to the premises by-- (a) notifying the tenant as soon as practicable after becoming so entitled that the person would be entitled to possession apart from section 36 and that the person who was lessor is no longer lessor; and (b) giving the tenant not less than 8 weeks notice to vacate the premises. Examples 1 The lessor dies and the premises are inherited by the lessor's child. The child may terminate the tenancy. 2 The lessor mortgages the premises, defaults on the mortgage and the mortgagee forecloses. The mortgagee may terminate the tenancy. Note 1 If a form is approved under s 133 (Approved forms--Minister) for a notice, the form must be used. Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (2) A person cannot terminate a tenancy under subsection (1) if the person-- (a) is a purchaser of the premises; and (b) knew about the tenancy, or could reasonably be expected to have known about the tenancy, before purchasing the premises. (3) If a person has given notices under subsection (1), the relevant residential tenancy agreement terminates at the end of the period of 8 weeks after the date of the notice mentioned in subsection (1) (b) or on the later date specified in the notice. RESIDENTIAL TENANCIES ACT 1997 - SECT 64A Standard residential tenancy term--increase in rent Under a fixed term agreement rent may not be increased during the currency of the fixed term unless the amount of the increase, or a method for working it out, is set out in the agreement. RESIDENTIAL TENANCIES ACT 1997 - SECT 65 Waiver of notice requirements (1) The ACAT may hear an application for the review of a rental rate increase even though the application is made less than 2 weeks before the day when the proposed increase is to come into effect, if the ACAT is satisfied that-- (a) the application is late because of special circumstances; and (b) to hear the application will not place the lessor in a significantly worse position than the lessor would have been had the applicant applied as prescribed. (2) If a tenant vacates premises as a result of a rental rate increase but fails to give the lessor notice of intention to vacate premises in the form approved under section 133 (Approved forms--Minister), the ACAT may, on application by the tenant or former tenant, treat the notice as having been given in the approved form if satisfied that-- (a) the failure to give notice in the approved form is a result of special circumstances; and (b) to treat notice as having been so given will not put the lessor in a significantly worse position than if notice had been given properly. RESIDENTIAL TENANCIES ACT 1997 - SECT 66 Freezing rents If an application for review of a rental rate increase has been made but not decided, no increase in the rental rate happens unless allowed by the ACAT. RESIDENTIAL TENANCIES ACT 1997 - SECT 67 Orders The ACAT may make the following orders in relation to an application for review of a rental rate increase: (a) an order allowing the increase applied for or the other increase that the ACAT considers just; (b) an order disallowing the increase; (c) an order disallowing part of the increase. RESIDENTIAL TENANCIES ACT 1997 - SECT 68 Guideline for orders (1) The ACAT must allow a rental rate increase that is in accordance with the standard residential tenancy terms unless the increase is excessive. (2) For subsection (1)-- (a) unless the tenant satisfies the ACAT otherwise, a rental rate increase is not excessive if it is less than 20% greater than any increase in the index number over the period since the last rental rate increase or since the beginning of the lease (whichever is later); and (b) unless the lessor satisfies the ACAT otherwise, a rental rate increase is excessive if it is more than 20% greater than any increase in the index number over the period since the last rental rate increase or since the beginning of the lease (whichever is later). (3) If a tenant or lessor proposes that a rental rate increase is or is not excessive, the ACAT, in considering whether it is satisfied about the proposal, must consider the following matters: (a) the rental rate before the proposed increase; (b) if the lessor previously increased the rental rate while the relevant tenant was tenant-- (i) the amount of the last increase before the proposed increase; and (ii) the period since that increase; (c) outgoings or costs of the lessor in relation to the premises; (d) services provided by the lessor to the tenant; (e) the value of fixtures and goods supplied by the lessor as part of the tenancy; (f) the state of repair of the premises; (g) rental rates for comparable premises; (h) the value of any work performed or improvements carried out by the tenant with the lessor's consent; (i) any other matter the ACAT considers relevant. (4) If the ACAT considers a proposed rental rate increase is excessive but a lesser increase would not be, it may disallow so much of the increase as is excessive. (5) In subsection (2): "index number" means the rents component of the housing group of the Consumer Price Index for Canberra published from time to time by the Australian statistician. RESIDENTIAL TENANCIES ACT 1997 - SECT 69 Effect of orders (1) If the ACAT makes an order under section 67 (a) or (c), the rental rate increase takes effect from the date when the proposed increase would, apart from section 66, have taken place. (2) The ACAT may, on application, grant a tenant time to pay rent owed because of the operation of subsection (1). (3) If-- (a) the ACAT makes an order mentioned in section 67 (b) or (c); and (b) despite section 66, the tenant has paid the lessor the full amount of the rental rate increase proposed by the lessor; the ACAT may order the lessor to pay to the tenant the difference between the amount the tenant paid to the lessor and the amount that was payable. RESIDENTIAL TENANCIES ACT 1997 - SECT 70 Further increases If a proposed rental rate increase has been reviewed by the ACAT, any further purported increase in the rental rate for a period of 12 months after the day the proposed increase was to take effect is void. RESIDENTIAL TENANCIES ACT 1997 - SECT 71 Reduction of existing rent (1) On application by a tenant, the ACAT must order a reduction in the rental rate payable under a residential tenancy agreement if it considers that the tenant's use or enjoyment of the premises has diminished significantly as a result of any of the following: (a) the loss or diminished utility of an appliance, furniture, a facility or a service supplied by the lessor with the premises as a result of-- (i) the withdrawal of the appliance, furniture, facility or service by the lessor; or (ii) the failure by the lessor to maintain the premises and any appliance, furniture or facility supplied with the premises in a reasonable state of repair, having regard to their condition at the commencement of the residential tenancy agreement; or (iii) the failure by the lessor to provide and maintain the locks or other security devices necessary to ensure that the premises are reasonably secure; (b) the loss of the use of all or part of the premises; (c) interference with the tenant's quiet enjoyment of the premises or the tenant's ability to use the premises in reasonable peace, comfort and privacy by the lessor or anyone claiming through the lessor or having an interest in, or title to, the premises. (2) To remove any doubt and for subsection (1), a tenant's quiet enjoyment of premises is interfered with if there is substantial interference with, or a significant lessening of freedom in exercising, the tenant's rights. (3) A reduction in the rental rate ordered under subsection (1)-- (a) takes effect from the day the tenant's use or enjoyment of the premises diminished, or the later date that the ACAT specifies; and (b) remains in force for the period, not longer than 12 months, specified by the ACAT. (4) The ACAT may order a lessor to pay to the tenant the difference between the rent paid and the rent payable as a result of an order for a rental rate reduction. (5) Any purported increase in the rental rate in relation to premises for which a reduction order is in force is void and any amount paid above and beyond the reduced rental rate in accordance with a purported increase is a debt owing by the lessor to the tenant. RESIDENTIAL TENANCIES ACT 1997 - SECT 71A Who is a grantor? (1) A person is a grantor if the person grants a right of occupation under an occupancy agreement. (2) "Grantor" includes a prospective grantor. RESIDENTIAL TENANCIES ACT 1997 - SECT 71B Who is an occupant? (1) A person is an occupant if the person has a right of occupation under an occupancy agreement. (2) "Occupant" includes a prospective occupant. RESIDENTIAL TENANCIES ACT 1997 - SECT 71C What is an occupancy agreement? (1) An agreement is an occupancy agreement if-- (a) a person (the grantor) gives someone else (the occupant) a right to occupy stated premises; and (b) the premises are for the occupant to use as a home (whether or not with other people); and (c) the right is given for value; and (d) the agreement is not a residential tenancy agreement. (2) The agreement may be-- (a) express or implied; or (b) in writing, oral, or partly in writing and partly oral. Note After 6 weeks, the occupancy agreement should be in writing (see s 71E (c)). (3) The right to occupy may be-- (a) exclusive or not; (b) given with a right to use facilities, furniture or goods. (4) The person given the right to occupy the premises may be-- (a) a boarder or lodger; or (b) someone prescribed by regulation for this section. Note This Act does not apply to retirement villages, nursing homes, hostels for aged or disabled people or other prescribed premises (see s 4). RESIDENTIAL TENANCIES ACT 1997 - SECT 71D When does an occupancy agreement start? An occupancy agreement starts on the earliest of the following days: (a) the day stated in the agreement; (b) the 1st day both parties have signed the agreement and received a copy signed by the other; (c) the day the occupant takes possession of the premises; (d) the 1st day the grantor receives rent from the occupant. RESIDENTIAL TENANCIES ACT 1997 - SECT 71E Occupancy principles (1) In considering a matter, or making a decision, under this Act in relation to an occupancy agreement for premises, a person must have regard to the following principles (the occupancy principles): (a) an occupant is entitled to live in premises that are-- (i) reasonably clean; and (ii) in a reasonable state of repair; and (iii) reasonably secure; (b) an occupant is entitled to know the rules of the premises before moving in; (c) an occupant is entitled to the certainty of having the occupancy agreement in writing if the occupancy continues for longer than 6 weeks; (d) an occupant is entitled to quiet enjoyment of the premises; (e) a grantor is entitled to enter the premises at a reasonable time on reasonable grounds to carry out inspections or repairs and for other reasonable purposes; (f) an occupant is entitled to 8 weeks notice before the grantor increases the amount to be paid for the right to occupy the premises; (g) an occupant is entitled to know why and how the occupancy may be terminated, including how much notice will be given before eviction; (h) an occupant must not be evicted without reasonable notice; (i) a grantor and occupant should try to resolve disputes using reasonable dispute resolution processes. (2) If an occupant occupies a mobile home on land in a mobile home park and the mobile home is not provided by the grantor-- (a) the occupancy principle in subsection (1) (e) applies to the land and any fixtures provided by the grantor, but not the mobile home; and (b) the grantor is entitled to enter the mobile home only with reasonable notice, at reasonable times, on reasonable grounds and for reasonable purposes. RESIDENTIAL TENANCIES ACT 1997 - SECT 71F Regulations about occupancy agreements (1) A regulation may make provision in relation to occupancy agreements, including, for example, standard occupancy terms. Note 1 Power under an Act to make a regulation includes power to make different provision for different classes of matters (see Legislation Act, s 48 (1) (a)). Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (2) A regulation about standard occupancy terms must be consistent with the occupancy principles. RESIDENTIAL TENANCIES ACT 1997 - SECT 71G Standard occupancy terms An occupancy agreement-- (a) must contain, and is taken to contain, terms to the effect of the standard occupancy terms prescribed by regulation; and (b) may contain any other term that is consistent with-- (i) the standard occupancy terms; and (ii) the occupancy principles. RESIDENTIAL TENANCIES ACT 1997 - SECT 71GA Occupant may deposit bond with Territory (1) The occupant under an occupancy agreement may deposit the amount of any bond under the agreement with the Territory. (2) The deposit must be accompanied by a written notice that states-- (a) the names of, and addresses for service on, the occupant and the grantor; and (b) the amount of bond being deposited. Note If a form is approved under s 133 (Approved forms--Minister) for this provision, the form must be used. (3) If the Territory accepts the amount of the bond, the Territory must-- (a) give the occupant a receipt for the amount; and (b) give the grantor a copy of the notice under subsection (2). (4) If the Territory accepts the amount of the bond, the applied provisions apply in relation to the occupancy agreement as if-- (a) the amount had been received by the Territory under part 3 (Bonds); and (b) the occupancy agreement were a residential tenancy agreement; and (c) the occupant were the tenant under the agreement; and (d) the grantor were the lessor under the agreement; and (e) any dispute between the occupant and the grantor about the bond were a tenancy dispute; and (f) any other necessary changes, and any changes prescribed by regulation, were made. (5) In this section: "applied provisions" means the following provisions: o section 27 (Payment of bond money into trust account) o section 28 (Interest on amounts in trust account) o division 3.4 (Release of bond money). RESIDENTIAL TENANCIES ACT 1997 - SECT 72 Meaning of tenancy dispute (1) For this Act, a dispute is a tenancy dispute if it-- (a) is between the parties to a residential tenancy agreement; and (b) is about, arises from, or relates to, the agreement. (2) A "tenancy dispute" includes-- (a) a dispute if an application relating to the dispute may be made under part 4 (Termination of residential tenancy agreements) or part 5 (Rental rate increases); and (b) an application for compensation under this Act. RESIDENTIAL TENANCIES ACT 1997 - SECT 73 Meaning of occupancy dispute For this Act, a dispute is an occupancy dispute if it-- (a) is between the parties to an occupancy agreement; and (b) is about, or relates to, the agreement. RESIDENTIAL TENANCIES ACT 1997 - SECT 74 ACAT to have regard to occupancy principles In considering a matter, or making a decision, under this part in relation to an occupancy dispute, the ACAT must have regard to the occupancy principles. RESIDENTIAL TENANCIES ACT 1997 - SECT 75 Assistance with inquiries about residential tenancy and occupancy agreements The registrar may give the assistance the registrar considers appropriate in relation to an inquiry about a residential tenancy agreement or occupancy agreement, including-- (a) referring the person making the inquiry to services provided by the public or private sector that give advice about residential tenancy or occupancy matters generally; and (b) referring the person to services provided by the public or private sector for the resolution of tenancy disputes or occupancy disputes. Note The registrar may also help a person make an application to the ACAT (see ACT Civil and Administrative Tribunal Act 2008, s 13). RESIDENTIAL TENANCIES ACT 1997 - SECT 76 Jurisdiction of ACAT under this Act etc (1) The ACAT has exclusive jurisdiction to hear and decide any matter that may be the subject of an application to the ACAT under-- (a) this Act; or (b) the standard residential tenancy terms; or (c) the standard occupancy terms. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (2) However, the ACAT does not have jurisdiction to make an order for-- (a) the payment of an amount that is more than $25 000; or (b) work of a value that is more than $25 000. (3) This section is subject to-- (a) section 78 (Extended jurisdiction of ACAT with agreement of parties); and (b) the Self-Government Act, section 48A (Jurisdiction and powers of the Supreme Court). Note The Self-Government Act, s 48A provides as follows: (1) The Supreme Court is to have all original and appellate jurisdiction that is necessary for the administration of justice in the Territory. (2) In addition, the Supreme Court may have such further jurisdiction as is conferred on it by any Act, enactment or Ordinance, or any law made under any Act, enactment or Ordinance. (3) The Supreme Court is not bound to exercise any powers where it has concurrent jurisdiction with another court or tribunal. RESIDENTIAL TENANCIES ACT 1997 - SECT 77 Saving of court jurisdiction (1) A claim for payment of an amount, or for work of a value, that is more than $10 000 may be made in a court competent to hear and decide claims based on contract for the amount claimed. (2) If a claim mentioned in subsection (1) may be made-- (a) the claimant may also make any other claim related to the relevant tenancy dispute or occupancy dispute; and (b) the court in which the proceeding is brought may exercise the powers of the ACAT under this Act. (3) This section has effect despite section 76. RESIDENTIAL TENANCIES ACT 1997 - SECT 78 Extended jurisdiction of ACAT with agreement of parties (1) This section applies if-- (a) an application (the original application) is made to the ACAT under-- (i) this Act; or (ii) the standard residential tenancy terms; or (iii) the standard occupancy terms; and Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (b) the parties to the proceeding agree to the ACAT exercising extended jurisdiction under this section. (2) The ACAT has jurisdiction (extended jurisdiction) to hear and decide any matter that-- (a) arises out of, or is ancillary to, the dispute that gave rise to the original application; and (b) the Magistrates Court has jurisdiction to hear and decide under the Magistrates Court Act 1930, part 4.2 (Civil jurisdiction). (3) If the ACAT is exercising extended jurisdiction, the ACAT has the same jurisdiction and powers as the Magistrates Court has under the Magistrates Court Act 1930, part 4.2 (Civil jurisdiction). Note The Magistrates Court has jurisdiction to hear and decide any personal action at law if the amount claimed is not more than $50 000 (see Magistrates Court Act 1930, s 257). (4) However, a provision of the Magistrates Court Act 1930, part 4.2 prescribed by a rule under the ACT Civil and Administrative Tribunal Act 2008, section 22 (2) does not apply in relation to the ACAT when exercising extended jurisdiction. RESIDENTIAL TENANCIES ACT 1997 - SECT 79 Who may apply to ACAT? (1) A party to a residential tenancy agreement (including a child) may apply to the ACAT for resolution of a tenancy dispute. (2) A party to an occupancy agreement (including a child) may apply to the ACAT for resolution of an occupancy dispute. RESIDENTIAL TENANCIES ACT 1997 - SECT 80 Applications to ACAT by children--application of this Act etc This Act and the ACT Civil and Administrative Tribunal Act 2008 apply in relation to an application made by a child to the ACAT as if the child were an adult. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any rules (see Legislation Act, s 104). RESIDENTIAL TENANCIES ACT 1997 - SECT 81 ACAT to assist parties to tenancy and occupancy disputes The ACAT must actively assist the parties to a tenancy or occupancy dispute to understand the hearing process and present their case. RESIDENTIAL TENANCIES ACT 1997 - SECT 82 Disputes about agreements no longer in force If a residential tenancy agreement or occupancy agreement is no longer in force, the ACAT may decide a tenancy dispute or occupancy dispute arising from the agreement while it was in force only if-- (a) this Act applied to the agreement while the agreement was in force; and (b) a party applies to the ACAT about the dispute within 6 years after the day, or the last day, the conduct giving rise to the dispute happened. RESIDENTIAL TENANCIES ACT 1997 - SECT 83 Orders by ACAT Without limiting the orders the ACAT may make, the ACAT may make the following orders in relation to an application about a tenancy dispute or occupancy dispute: (a) an order restraining any action in breach of a residential tenancy agreement or occupancy agreement; (b) an order requiring performance of a residential tenancy agreement or occupancy agreement; (c) an order requiring the payment of an amount to the Territory or a person; (d) an order requiring the payment of compensation for loss of rent or any other loss caused by the breach of a residential tenancy agreement or occupancy agreement; (e) an order stating that an amount (not more than the amount of bond paid into the trust account in relation to the relevant residential tenancy agreement) be paid to the lessor from the trust account; (f) an order restoring a residential tenancy agreement or occupancy agreement and granting the former tenant or occupant possession of premises-- (i) from which the person was evicted in contravention of this Act; or (ii) that the person vacated in accordance with a termination notice that was not in the form (if any) approved under section 133 (Approved forms--Minister) for the notice; (g) an order requiring payment of all or part of the rent payable under the standard residential tenancy terms or standard occupancy terms into the ACAT until the ACAT orders otherwise; (h) an order directing payment out of any amount paid into the ACAT as appropriate; (i) an order terminating a residential tenancy agreement or occupancy agreement and granting vacant possession of the relevant premises to the applicant for the order; (j) an order declaring the premises were abandoned on a particular day; (k) an order correcting a defect in a notice or in the service of a notice. Note 1 The ACT Civil and Administrative Tribunal Act 2008, s 56 sets out other orders that the ACAT may make. Note 2 The ACAT may make interim orders (see ACT Civil and Administrative Tribunal Act 2008, s 53). RESIDENTIAL TENANCIES ACT 1997 - SECT 84 Notice of intention to vacate--award of compensation (1) If a lessor received a notice of intention to vacate before the end of a fixed term agreement, and the date nominated in the notice as the date when the tenant intends to vacate is a date before the end of the agreement, the lessor may-- (a) accept the notice; or (b) apply to the ACAT for compensation for-- (i) the loss of the rent that the lessor would have received had the agreement continued to the end of its term; and (ii) the reasonable costs of advertising the premises for lease and of giving a right to occupy the premises to another person. (2) On application, the ACAT may award compensation of the kind mentioned in subsection (1) (b). (3) The amount of compensation the ACAT may award-- (a) under subsection (1) (b) (i) must not be more than the lesser of the following: (i) 25 weeks rent; (ii) rent in relation to the unexpired part of the agreement; and (b) under subsection (1) (b) (ii) must not be more than 1 week's rent. (4) In deciding the amount of compensation that may be awarded in relation to the reasonable costs of advertising, the ACAT must have regard to when, apart from the vacation of the premises-- (a) the agreement would have ended; and (b) the lessor would have incurred the costs. RESIDENTIAL TENANCIES ACT 1997 - SECT 85 Substitution of tenant (1) This section applies if-- (a) the tenant, or a co-tenant, (the removed person) has given an undertaking to a court to leave the premises; or (b) a court has made an order, other than an interim order, to remove the removed person from the premises. (2) An occupant (the occupant) of the premises, other than the removed person, may apply to the ACAT to be the tenant or co-tenant under the residential tenancy agreement for the premises instead of the removed person. (3) To remove any doubt, the application may be made by the occupant even though the occupant is not a tenant or co-tenant under the residential tenancy agreement. (4) The ACAT may make an order substituting the occupant as the tenant, or co-tenant, if-- (a) the grounds of the application are proved; and (b) the lessor has been given an opportunity to be heard on the application. (5) If the application is in relation to premises leased under an approved housing assistance program under the Housing Assistance Act 2007, the ACAT must not make an order under subsection (5) that is inconsistent with the eligibility criteria under the program. (6) The order is subject to any condition stated in it by the ACAT. RESIDENTIAL TENANCIES ACT 1997 - SECT 86 Failure to comply with ACAT orders (1) A party to a hearing must not fail to comply with an order of the ACAT. (2) If a person contravenes subsection (1), the ACAT may order the person to pay a stated amount (not more than $5 000) to the Territory. (3) A person commits an offence if-- (a) the person contravenes subsection (1) (the first contravention); and (b) the ACAT makes an order under subsection (2) in relation to the first contravention; and (c) within 1 year immediately after the day the first contravention happens, the person again contravenes subsection (1) (the subsequent contravention); and (d) the first and subsequent contraventions are not against orders arising from the same proceeding. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (4) Subsection (3) does not apply if the person has a reasonable excuse for the first or subsequent contravention. RESIDENTIAL TENANCIES ACT 1997 - SECT 107B Definitions for pt 6A In this part: "personal information "means-- (a) an individual's name; or (b) information or an opinion, whether true or not, about an identified individual. "tenancy database" means a database (whether or not stored in a computer) containing personal information-- (a) relating to, or arising from, the occupation of residential premises under a residential tenancy agreement; or (b) entered into the database for reasons relating to, or arising from, the occupation of residential premises under a residential tenancy agreement. RESIDENTIAL TENANCIES ACT 1997 - SECT 107C Non-application to internal databases (1) This part does not apply to a tenancy database kept by an entity for use only by the entity or its employees. (2) In this section: "entity" includes the housing commissioner. RESIDENTIAL TENANCIES ACT 1997 - SECT 107D Restriction on inclusion of personal information (1) A person (the listing person) must not include personal information about someone else (the ex-tenant) in a tenancy database unless-- (a) the ex-tenant was named as a tenant in a residential tenancy agreement; and (b) the agreement has ended; and (c) there is a reason prescribed by regulation for including the personal information about the ex-tenant; and (d) the maximum period prescribed by regulation for which information may be included in the register has not ended; and (e) the listing person has-- (i) given written notice to the ex-tenant about the personal information the listing person proposes to include in the database (the information proposed to be included); or (ii) taken other reasonable steps to disclose to the ex-tenant the information proposed to be included; and (f) the listing person has given the ex-tenant a reasonable opportunity to review the information proposed to be included. (2) Subsection (1) (e) and (f) do not apply if the listing person cannot find the ex-tenant after making reasonable enquiries. (3) Subsection (1) (f) also does not apply in relation to personal information that, immediately before its inclusion in the tenancy database, is publicly available. Example of publicly available information personal information obtained from publicly available court records Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). RESIDENTIAL TENANCIES ACT 1997 - SECT 107E Application to ACAT about contravention (1) An individual who claims that the individual's personal information has been included in a tenancy database in contravention of section 107D may apply to the ACAT about the inclusion of the information. (2) The application must be made within 6 months after the day the individual becomes aware of the inclusion of the information. (3) If the ACAT decides there has been a contravention, it may-- (a) order a person to take stated steps to remedy the contravention; or (b) make any other order it considers appropriate. RESIDENTIAL TENANCIES ACT 1997 - SECT 107F Application to ACAT about incorrect or unjust inclusion in database (1) An individual who has had personal information included in a tenancy database may apply to the ACAT for an order under this section. (2) The ACAT may order a person to take stated steps to-- (a) have the individual's name or other personal information about the individual omitted from the database; or (b) have stated changes made to the personal information about the individual that is in the database. (3) The ACAT may make the order only if satisfied-- (a) the database includes personal information about the individual that is incorrect or misleading; or (b) the inclusion of the individual's name or other personal information about the individual in the database is unjust in the circumstances, having regard to-- (i) the reason for the inclusion of the personal information; and (ii) the individual's involvement in the acts or omissions giving rise to the reason for the inclusion of the personal information; and (iii) the adverse consequences suffered, or likely to be suffered, by the individual because of the inclusion of the personal information; and (iv) any other relevant matter. Example for par (a) Information about Tania is included in a tenancy database because of a minor matter. The database does not give details of the matter but includes a notation implying that Tania may be responsible for a serious breach of the Act. Examples for par (b) 1 Information about Sally is included in a tenancy database because of damage caused to premises by Sally's domestic partner during a domestic violence incident. Because of the inclusion of the information, Sally cannot obtain appropriate and affordable accommodation. 2 Information about Robert is included in a tenancy database because rent remained unpaid by Robert months after it was payable. During that period, Robert was in hospital recovering from a serious accident and unable to make arrangements for payment. Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). RESIDENTIAL TENANCIES ACT 1997 - SECT 107G Application to ACAT about proposed inclusion of personal information (1) An individual who is aware that someone (the listing person) intends to include personal information about the individual in a tenancy database may apply to the ACAT for an order under this section. (2) The ACAT may-- (a) order the listing person, or someone else, not to include the individual's personal information in the tenancy database; or (b) order the listing person, or someone else, not to include the individual's personal information except with stated changes or on stated conditions; or (c) make any other order it considers appropriate. (3) The ACAT may make the order only if satisfied that, if the personal information were included as proposed, the ACAT could make an order in relation to the personal information under section 107E or section 107F. RESIDENTIAL TENANCIES ACT 1997 - SECT 107H Order for compensation (1) This section applies if the ACAT makes an order against a person under section 107E, section 107F or section 107G. (2) The ACAT may also make an order requiring the person to pay to a stated person, within a stated period, an amount the ACAT considers appropriate as compensation for the loss or damage caused by including the personal information. (3) The amount of compensation must not exceed-- (a) $5 000; or (b) if another amount is prescribed by regulation--that amount. RESIDENTIAL TENANCIES ACT 1997 - SECT 126 Declared crisis accommodation provider (1) The Minister may, in writing, declare an entity to be a crisis accommodation provider in relation to stated accommodation (crisis accommodation). (2) However, the Minister must not make the declaration in relation to accommodation unless satisfied that the entity-- (a) provides, or intends to provide, the accommodation as emergency accommodation for people in crisis; and (b) provides, or intends to provide, information to people accommodated in the accommodation, whether on or before termination, about alternative accommodation and, if appropriate, other services. (3) A declaration is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. RESIDENTIAL TENANCIES ACT 1997 - SECT 127 Death of 1 of more than 2 tenants If 1 of 2 or more tenants who are parties to a residential tenancy agreement dies, the tenancy and the tenancy agreement continue to operate-- (a) with the remaining tenant as the sole tenant; or (b) if there are 2 or more remaining tenants--with the tenants as joint tenants or tenants in common. RESIDENTIAL TENANCIES ACT 1997 - SECT 127A Transfer of public housing under will (1) A public housing tenancy agreement may provide that the tenant must not give the tenant's rights under the agreement by will to another person who is not an occupant of the premises. (2) If a person takes possession of public housing premises under a will, the housing commissioner may apply to the ACAT to adjust the rent, or terminate the agreement. (3) In considering an application under subsection (2), the ACAT must have regard to the eligibility criteria under relevant approved housing assistance programs under the Housing Assistance Act 2007. RESIDENTIAL TENANCIES ACT 1997 - SECT 128 Purported assignment or subletting (1) The purported assignment or subletting of premises in contravention of the standard residential tenancy terms is unenforceable and a person to whom premises are so assigned or sublet resides in the premises as a licensee only. (2) Subsection (1) does not apply to the assignment or subletting of premises in accordance with a term of the residential tenancy agreement endorsed by the ACAT. RESIDENTIAL TENANCIES ACT 1997 - SECT 131 Proceedings by children (1) A proceeding under this Act may be started by a child as if the child were an adult. (2) The rules in force under the Court Procedures Act 2004 that apply in relation to the approval of settlements and compromises, and amounts ordered or agreed to be paid, in a civil proceeding brought in the Magistrates Court by a child apply in relation to a proceeding brought under this Act by a child. (3) The rules mentioned in subsection (2) apply as if all necessary changes, and any changes prescribed by regulation, were made. RESIDENTIAL TENANCIES ACT 1997 - SECT 132 Enforcing agreements by or against children A party to a residential tenancy agreement is not prevented from enforcing the agreement against another party only because either party is a child. RESIDENTIAL TENANCIES ACT 1997 - SECT 133 Approved forms--Minister (1) The Minister may, in writing, approve forms for this Act (other than in relation to proceedings before the ACAT). (2) If the Minister approves a form for a particular purpose, the approved form must be used for that purpose. (3) An approved form is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. RESIDENTIAL TENANCIES ACT 1997 - SECT 136 Regulation-making power (1) The Executive may make regulations for this Act. Note A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act. (2) A regulation may make provision in relation to the following: (a) the keeping of records; (b) tenancy databases. RESIDENTIAL TENANCIES ACT 1997 - SCHEDULE 1 Schedule 1 Standard residential tenancy terms (see s 8) Lessor and tenant must comply with terms of tenancy agreement 1 (1) This tenancy agreement is made under the Residential Tenancies Act 1997 (the Residential Tenancies Act). (2) The lessor and the tenant may agree to add additional clauses to the tenancy agreement but they must not be inconsistent with, or modify, existing clauses (except if permitted by the Act). 2 By signing this tenancy agreement, the lessor and the tenant agree to be bound by its terms during the period of the tenancy it creates. 3 A party to this tenancy agreement cannot contract out of it or out of the provisions of the Residential Tenancies Act, except as provided in that Act. 4 A fixed term tenancy must be for the single period specified in the tenancy agreement. 5 A periodic tenancy includes a tenancy that is not specified to be for a fixed term, including such a tenancy which commences on the expiration of a fixed term tenancy. 6 A reference in this tenancy agreement to a notice to vacate and a notice of intention to vacate is taken to be a reference to a termination notice under the Residential Tenancies Act. Costs and procedures for establishing tenancy agreement 7 The lessor bears the cost of preparation and execution of this tenancy agreement. 8 The tenant is responsible for any legal costs that the tenant incurs in relation to preparation and execution of this tenancy agreement. 9 The lessor must give a copy of the proposed tenancy agreement to the tenant before the commencement of the tenancy. 10 The tenancy agreement must be signed by the tenant and by the lessor (or by their authorised agents). 11 The lessor must give a copy of the tenancy agreement, signed by each party, to the tenant as soon as possible after it has been signed by each party, but no later than 3 weeks after the tenant has returned a signed copy. 12 If the lessor does not return the tenancy agreement to the tenant, as provided by clause 11, the tenancy agreement has full effect in the terms signed by the tenant on occupation of the premises or acceptance of rent. Information 13 (1) The lessor must provide to the tenant a copy of an information booklet about residential tenancies authorised by the commissioner of fair trading before the commencement of this agreement. (2) If it is not possible to provide the tenant with a booklet, the lessor must inform the tenant of the booklet and where it may be obtained. (3) If the premises are a unit within the meaning of the Unit Titles Act 2001, the lessor must give the tenant a copy of the articles of the owners corporation before the commencement of this agreement. Bond and condition report Maximum bond 14 Payment of a bond is not necessary unless required by the lessor. 15 Only 1 bond is payable for the tenancy created by this tenancy agreement. 16 The amount of the bond must not exceed the amount of 4 weeks rent. Lodgment of the bond with the Office of Rental Bonds 17 If the lessor requires a bond, the bond must be lodged with the Office of Rental Bonds. 18 Either party may lodge the bond with the Office of Rental Bonds. If the lessor and tenant agree that the tenant is to lodge the bond 19 If the parties agree that the tenant is to lodge the bond, the following applies: (a) the tenant must complete and sign the bond lodgment form provided by the Office of Rental Bonds and the lessor must do the same; (b) the tenant must lodge the bond and bond lodgment form with the Office of Rental Bonds; (i) the tenant must lodge the bond whether or not the lessor signs the bond lodgment form; and (ii) payment of the bond to the Office of Rental Bonds must be in cash, by bank cheque or by other means permitted by that office; (c) the lessor may require lodgment of the bond before the lessor gives possession of the premises to the tenant and if this is the case, the tenant must be able to take possession of the premises and receive the keys to the premises as soon as the tenant provides the lessor with evidence of lodgment of the bond (such evidence includes the receipt of the Office of Rental Bonds). If the lessor is to lodge the bond 20 If the lessor is to lodge the bond, the following applies: (a) on receiving the bond, the lessor must give the tenant a receipt for the bond; (b) the lessor must complete and sign the bond lodgment form and the tenant must do the same; (c) the lessor must lodge the bond and bond lodgment form with the Office of Rental Bonds within 2 weeks of receiving the bond, or the commencement of the tenancy, whichever date is the later. If the lessor has a real estate agent, the agent has 4 weeks to lodge the bond; (d) the lessor must lodge the bond whether or not the tenant completes the bond lodgment form. Condition Report 21 (1) Within 1 day of the tenant taking possession of the premises, the lessor must give 2 copies of a condition report completed by the lessor to the tenant. (2) The condition report must be on, or to the effect of, the condition report form published by the Territory. 22 (1) The tenant must examine the report and indicate on the report the tenant's agreement or disagreement with the items. (2) Within 2 weeks after the day the tenant receives the report, the tenant must return 1 copy of the report to the lessor, signed by the tenant and indicating the tenant's agreement or disagreement with the report or parts of the report. 23 The lessor must keep the condition report for a period of not less than 1 year after the end of the tenancy. Rent and other charges Rent and bond only as payment for the tenancy 24 The lessor must not require any payment other than rent or bond for the following: (a) the granting, extension, transfer or renewal of a tenancy or subtenancy; (b) vacating of premises; (c) obtaining a key to the premises; (d) information on the availability of tenancies. Holding deposits 25 The Residential Tenancies Act prohibits the taking of holding deposits. Payment of rent 26 (1) The tenant must pay the rent on time. (2) The tenant must not use the bond money to pay the rent for the last week's of the tenancy. (3) The tenant and the lessor may agree to change the way rent is paid (including, for example, where the rent is paid or whether it is to be paid into a nominated bank account or whether it is to be paid in person). (4) The tenant and lessor may agree that rent is to be paid electronically. 27 The lessor must not require the tenant to pay rent by postdated cheque. Maximum rent in advance 28 The lessor must not require an amount of rent paid in advance greater than 1 calendar month. Rent receipts 29 If rent is paid in person to the lessor or a real estate agent, a receipt must be given at that time. 30 In other circumstances where rent is paid to the lessor, a receipt must be provided or sent by post within 1 week of its receipt. 31 (1) A receipt for payment of rent must specify the amount paid. (2) A receipt should specify the following: (a) the date of payment; (b) the period in relation to which the payment is made; (c) the premises in relation to which the payment is made; (d) whether the payment is for bond or rent. (3) If these particulars are not included in the receipt, the lessor must provide this information to the tenant within 4 weeks of a request by the tenant. 32 A receipt is not required if the rent is paid by the tenant directly into an account nominated by the lessor or real estate agent. Rent records 33 (1) The lessor must keep, or cause to be kept, records of the payment of rent. (2) Those records must be retained for a period of not less than 12 months after the end of the tenancy. Increase in rent 34 The amount of rent must not vary from period to period except as provided by this tenancy agreement and the Residential Tenancies Act. 35 The rent may not be increased at intervals of less than 12 months from either the beginning of the tenancy agreement for the first increase, or after that, from the date of the last increase. 36 (1) This clause applies if-- (a) the housing commissioner is the lessor under this tenancy agreement; and (b) the commissioner has decided to increase the rent after a review of rent under the Housing Assistance Act 2007, section 23. (2) Despite clause 35, the housing commissioner may increase the rent. (3) However, if a previous review of rent has been undertaken, the increase under subclause (2) must not take effect earlier than 1 year after the date the last rent increase for the premises took effect. 37 The restriction on increase in rent applies provided the identity of at least 1 of the tenants who occupy the premises remains the same as at the time of the last increase. Review of excessive rent increases 38 The lessor must give the tenant 8 weeks written notice of intention to increase the rent and include in the notice the amount of the increase, and the date when it is proposed to increase the rent. 39 (1) The tenant may apply in writing to the tribunal for review of an excessive increase in rent (time limits for applying and the meaning of excessive is set out in the Residential Tenancies Act). (2) On such application being made, no increase in rent is payable until so ordered by the tribunal. 40 If the tenant remains in occupation of the premises without applying to the tribunal for review, the increase in rent takes effect from the date specified in the notice. 41 If the tenant wishes to vacate the premises before the increase takes effect, the tenant must give 3 weeks notice to the lessor. Lessor's costs 42 The lessor is responsible for the cost of the following: (a) rates and taxes relating to the premises; (b) services for which the lessor agrees to be responsible; (c) services for which there is not a separate metering device so that amounts consumed during the period of the tenancy cannot be accurately decided; (d) all services up to the time of measurement or reading at the beginning of the tenancy; (e) all services after reading or measurement at the end of the tenancy providing the tenant has not made any use of the service after the reading. 43 (1) The lessor must pay for any physical installation of services (eg water, electricity, gas, telephone line). (2) The tenant is responsible for the connection of all services that will be supplied in the tenant's name. 44 The lessor must pay the annual supply charge associated with the supply of water or sewerage. 45 If the premises are a unit under the Unit Titles Act 2001, the lessor is responsible for all owners corporation charges. Tenant's costs 46 The tenant is responsible for all charges associated with the consumption of services supplied to the premises, including electricity, gas, water and telephone. 47 The tenant is not required by the lessor to connect or continue a telephone service. Reading of metered services 48 (1) The lessor is responsible for undertaking or arranging all readings or measurement of services, other than those that are connected in the name of the tenant. (2) The lessor must provide the tenant with an opportunity to verify readings and measurements. 49 If the lessor does not arrange reading or measurement of a service connected in the name of the lessor by the day after the date of expiry of notice to vacate given in accordance with this tenancy agreement or the Residential Tenancies Act, the lessor is be responsible for payment of the unread or unmeasured service after the date of the last reading or measurement. 50 (1) If the tenant vacates the premises without giving notice before departure, the lessor must arrange a reading or measurement of services connected in the lessor's name within a reasonable time of the lessor becoming aware of the departure of the tenant. (2) The tenant is responsible for payment of services to the date of that reading or measurement. Tenant's use of the premises without interference 51 The lessor guarantees that there is no legal impediment to the use of the premises for residential purposes by the tenant. 52 The lessor must not cause or permit any interference with the reasonable peace, comfort or privacy of the tenant in the use by the tenant of the premises. 53 Unless otherwise agreed in writing, the tenant has exclusive possession of the premises, as described in the agreement, from the date of commencement of the tenancy agreement provided for in the agreement. Lessor to make repairs Lessor to provide premises in a reasonable state at the start of the tenancy 54 (1) At the start of the tenancy, the lessor must ensure that the premises, including furniture, fittings and appliances (unless excluded from the tenancy agreement), are-- (a) fit for habitation; and (b) reasonably clean; and (c) in a reasonable state of repair; and (d) reasonably secure. (2) An exclusion must be in writing and may, but need not, be included in the tenancy agreement (if in writing). (3) The lessor or the tenant may change locks (at his or her own cost unless otherwise agreed) with the agreement of the other party (which will not be unreasonably withheld). (4) The lessor or the tenant may change locks (at his or her own cost) in an emergency without the agreement of the other party. (5) If a lock is changed, a copy of the key to the changed lock must be provided to the other party as soon as possible. Lessor to make repairs 55 (1) The lessor must maintain the premises in a reasonable state of repair having regard to their condition at the commencement of the tenancy agreement. (2) The tenant must notify the lessor of any need for repairs. (3) This section does not require the tenant to notify the lessor about anything that an ordinary tenant would reasonably be expected to do, for example, changing a light globe or a fuse. 56 The lessor is not obliged to repair damage caused by the negligence or wilful act of the tenant. 57 Subject to clause 55, the lessor must make repairs, other than urgent repairs, within 4 weeks of being notified of the need for the repairs (unless otherwise agreed). Repairs in unit title premises 58 If the premises are a unit under the Unit Titles Act 2001, and the tenant's use and enjoyment of the premises reasonably requires repairs to the common property, the lessor must take all steps necessary to require the owners corporation to make the repairs as quickly as possible. Urgent repairs 59 The tenant must notify the lessor (or the lessor's nominee) of the need for urgent repairs as soon as practicable, and the lessor must, subject to clause 82, carry out those repairs as soon as necessary, having regard to the nature of the problem. 60 The following are urgent repairs in relation to the premises, or services or fixtures supplied by the lessor: (a) a burst water service; (b) a blocked or broken lavatory system; (c) a serious roof leak; (d) a gas leak; (e) a dangerous electrical fault; (f) flooding or serious flood damage; (g) serious storm or fire damage; (h) a failure of gas, electricity or water supply to the premises; (i) the failure of a refrigerator supplied with the premises; (j) a failure or breakdown of any service on the premises essential for hot water, cooking, heating or laundering; (k) a fault or damage that causes the residential premises to be unsafe or insecure; (l) a fault or damage likely to cause injury to person or property; (m) a serious fault in any door, staircase, lift or other common area that inhibits or unduly inconveniences the tenant in gaining access to and use of the premises. Tenant may authorise urgent repairs in certain circumstances 61 If the lessor (or the lessor's nominee) cannot be contacted, or fails to effect the urgent repairs within a reasonable time, the tenant may arrange for urgent repairs to be effected to a maximum value of up to 5% of the rent of the property over a year. 62 The following procedures apply to urgent repairs arranged by the tenant: (a) the repairs arranged by the tenant must be made by the qualified tradesperson nominated by the lessor in the tenancy agreement; (b) if the lessor has not nominated a tradesperson, or the nominated tradesperson cannot be contacted or is otherwise unavailable--the repairs must be performed by a qualified tradesperson of the tenant's choosing; (c) if the repairs are arranged by the tenant in accordance with these procedures--the lessor is liable for the cost of repairs and the tradesperson may bill the lessor direct; (d) if the tenant does not act in strict compliance with this clause--the tenant is personally liable for the cost of any urgent repairs arranged by the tenant. Tenant to look after the premises The tenant must take reasonable care of the premises and keep the premises reasonably clean 63 During the tenancy, the tenant must-- (a) not intentionally or negligently damage the premises or permit such damage; and (b) notify the lessor of any damage as soon as possible; and (c) take reasonable care of the premises and their contents, and keep them reasonably clean, having regard to their condition at the time of the commencement of the tenancy and the normal incidents of living. 64 The tenant must leave the premises-- (a) in substantially the same state of cleanliness, removing all the tenant's belongings and any other goods brought onto the premises during the duration of the tenancy agreement; and (b) in substantially the same condition as the premises were in at the commencement of the tenancy agreement, fair wear and tear excepted. 65 The lessor must not require the tenant to make alterations, improvements or renovations to the premises. Tenant of unit to observe articles 66 If the premises are a unit under the Unit Titles Act 2001, the tenant must comply with the articles of the owners corporation, and with any notice served in accordance with the articles, to the extent that they are not inconsistent with the standard residential tenancy terms in this agreement. Tenant must make no alterations and must not add any fixtures or fittings without the consent of lessor 67 The tenant must not make any additions or alterations to the premises without the written consent of the lessor. 68 (1) The tenant must not add any fixtures or fittings to the premises without the consent of the lessor. (2) The lessor's consent must not be unreasonably withheld. (3) The tenant must make good any damage to the premises on removal of any fixtures and fittings. (4) Any fixtures or fittings not removed by the tenant before the tenant leaves the premises becomes the property of the lessor. Tenant must not use the premises for illegal purposes and must not disturb the neighbours 69 Unless otherwise agreed in writing, the tenant must only use the premises for residential purposes. 70 The tenant must not: (a) use the premises, or permit them to be used, for an illegal purpose to the detriment of the lessor's interest in the premises; or (b) cause or permit nuisance; or (c) interfere, or permit interference, with the quiet enjoyment of the occupiers of nearby premises. 71 The tenant must not leave the premises vacant for more than 3 weeks without notifying the lessor. Tenant must not sell, dispose of, or sublet tenancy without consent of lessor 72 (1) The tenant must not assign or sublet the premises or any part of them without the written consent of the lessor. (2) Consent may be given at any time. (3) No rights in relation to the premises may be created in any third party before consent is obtained from the lessor. Tenant may be responsible for damage or other breach of tenancy agreement by visitors or guests 73 The tenant is personally responsible for the actions or omissions of visitors, guests or other people on the premises if: (a) the action or omission would if performed by the tenant have constituted a breach of this tenancy agreement; and (b) the person is on the premises with the permission of the tenant. 74 The tenant is not personally responsible for the actions or omissions of a person who is on the premises: (a) at the request of the lessor; or (b) to assist the lessor perform any of the duties of the lessor under this tenancy agreement (whether at the request of the lessor or the tenant); or (c) without the consent of the tenant. Lessor's access to premises Lessor cannot enter premises except as provided in tenancy agreement 75 (1) The lessor must not require access to the premises during the tenancy except as provided by the law, this tenancy agreement, the Residential Tenancies Act, or an order of the tribunal. (2) The tenant may permit access to the premises by the lessor at any time. (3) If requested, the lessor or the lessor's agent must provide identification to the tenant. 76 The lessor must not have access to the premises-- (a) on Sundays; or (b) on public holidays; or (c) before 8 am and after 6 pm; other than-- (d) for the purpose of carrying out urgent repairs or for health or safety reasons in relation to the premises; or (e) with the consent of the tenant. Access in accordance with tenancy agreement Routine inspections 77 The lessor may inspect the premises twice in each period of 12 months following the commencement of the tenancy. 78 In addition to the inspections provided for in the previous clause, the lessor may make an inspection of the premises-- (a) within 1 month of the commencement of the tenancy; and (b) in the last month of the tenancy. 79 (1) The lessor must give the tenant 1 week written notice of an inspection. (2) The inspection must take place at a time agreed between the parties with reasonable regard to the work and other commitments both of the tenant and of the lessor (or their agents). (3) If the parties are unable to agree on an appropriate time, the lessor or the tenant may apply to the tribunal for an order permitting access at a specified time. Access for purchasers and new tenants 80 The tenant must permit reasonable access to the premises during the period of 3 weeks before the end of the tenancy, on the lessor giving 24 hours notice, to allow inspection of the premises by prospective tenants. 81 The tenant must permit reasonable access to the premises, on the lessor giving 24 hours notice, to allow inspection of the premises by prospective purchasers of the premises provided: (a) the lessor intends to sell the premises; and (b) the lessor has previously notified the tenant in writing of the lessor's intention to sell. Access for making or inspecting repairs 82 (1) On giving the tenant 1 week notice (or such other agreed period), the lessor may enter the premises at a reasonable time, having regard to the interests of the tenant and the lessor, for the purpose of making or inspecting repairs. (2) For urgent repairs, the lessor must, give reasonable notice and enter the premises at a reasonable time having regard to the interests of the tenant and the lessor. Notice to vacate by lessor 83 The notice to vacate must be in writing, in the form required by the Residential Tenancies Act, and must include the following information: (a) the address of the premises; (b) the ground(s) on which the notice is issued, together with sufficient particulars to identify the circumstances giving rise to the ground(s); (c) that the lessor requires the tenant to vacate the premises by the expiry of the required notice period and that the tenancy ends on the day that the tenant vacates the premises. Notice of intention to vacate by tenant 84 (1) If the tenant serves a notice of intention to vacate and vacates the premises in accordance with the notice, the tenancy terminates on the date of vacating the premises. (2) On receiving a notice of intention to vacate, the lessor may-- (a) accept the notice and accept that the tenancy ends on the date nominated in the notice; or (b) apply to the tribunal for confirmation of the tenancy agreement, an order for compensation or both. 85 The notice of intention to vacate must be in the same form and contain the same information as the notice to vacate from the lessor except the notice must contain the statement that the tenant intends to vacate the premises on a certain date and the tenancy terminates on that date. Termination where premises are not fit for habitation 86 The lessor or the tenant may, by written notice, terminate the tenancy on a date specified in the notice on the following grounds: (a) the premises are not fit for habitation; (b) the premises are not available or will not be available because of Government action within a period of 4 weeks of the date that notice is given. 87 (1) In either case the lessor must give not less than 1 week's notice of termination of the tenancy, and the rent abates from the date that the premises are uninhabitable. (2) The tenant may give 2 days notice of termination of the tenancy. (3) If neither the lessor or the tenant give notice of termination of the tenancy, the rent abates for the period that the premises are unable to be used for habitation, but the tenancy resumes when they are able to be used again. Termination of tenancy by tenant Termination on or after end of fixed term 88 (1) The tenant may give notice to terminate a periodic tenancy by giving the lessor not less than 3 weeks notice of the date when the tenant intends to vacate the premises. (2) The tenancy ends on the date specified by the tenant. 89 (1) The tenant may give notice to terminate a fixed term tenancy at or after the end of the tenancy by giving 3 weeks notice of the date when the tenant intends to vacate the premises. (2) The tenancy ends on the date specified by the tenant. Termination for breach by lessor 90 If the lessor breaches the tenancy agreement, and the tenant wishes to terminate the tenancy agreement, the tenant may either-- (a) apply to the tribunal for an order terminating the tenancy; or (b) give the lessor written notice of intention to terminate the tenancy, in accordance with clause 91. 91 If the tenant decides to proceed by way of notice to the lessor, the following procedures apply: (a) the tenant must give the lessor a written notice that the lessor has 2 weeks to remedy the breach if the breach is capable of remedy; (b) if the lessor remedies the breach within that 14-day period--the tenancy continues; (c) if the lessor does not remedy the breach within the time specified in the notice, or if the breach is not capable of remedy--the tenant must give 2 weeks notice of intention to vacate; (d) the tenancy agreement terminates on the date specified by the tenant; (e) rent is payable to the date specified in the notice or to the date that the tenant vacates the premises, whichever is the later; (f) if the lessor remedies the breach during the period of the notice of intention to vacate--the tenant, at the tenant's option, may withdraw the notice or may terminate the tenancy agreement on the date specified in the notice by vacating the premises on that date. Termination of tenancy by lessor Termination for failure to pay rent 92 The tribunal may order the termination of the tenancy and eviction of the tenant on the ground of nonpayment of rent in the following circumstances: (a) rent has been unpaid for 1 week. The first day of this period concludes at midnight on the day when the unpaid rent was due; (b) the lessor has served a notice to remedy on the tenant for the failure to pay the rent, being a notice-- (i) served not earlier than 1 week after the day when the rent was due; and (ii) containing a statement that if the tenant pays the rent outstanding to the date of payment within 7 days of the date of service of the notice to remedy, no further action must be taken and the tenancy continues; (c) if all rent is not paid within 1 week of the date of service of the notice to remedy--the lessor may then serve a notice to vacate on the tenant requiring the tenant to vacate the premises within 2 weeks of service of the notice to vacate; (d) no earlier than the date when the notice to vacate is served, the lessor may apply to the tribunal for an order terminating the tenancy and evicting the tenant; (e) the tribunal hearing of the application to terminate and evict must not be earlier than the end of the period specified in the notice to vacate; (f) during any tenancy in which the lessor has previously issued 2 notices to remedy, the lessor may serve a notice to vacate 1 week after the day when the rent has fallen due without serving a notice to remedy. Termination of tenancy for breach other than nonpayment of rent 93 The tribunal may order the termination of the tenancy and eviction of the tenant on the ground of breach of the tenancy agreement in the following circumstances: (a) the lessor must serve a written notice requiring the tenant within 2 weeks after the day of service to remedy the breach if it is capable of remedy; (b) if the breach is not remedied within 2 weeks after the day of service or if the breach is not capable of remedy--the lessor must give a notice to vacate the premises within 2 weeks after the date of service of the notice to vacate; (c) if the tenant does not vacate the premises within the period of 2 weeks after the date of service of a notice to vacate--the lessor may apply to the tribunal for an order terminating the tenancy and for the eviction of the tenant; (d) if the tenant breaches the terms of the tenancy on 3 occasions on any ground--on the 3rd occasion the lessor may serve a notice to vacate and need not give the tenant 2 weeks to remedy the breach. Termination of tenancy without cause 94 The lessor may serve a notice to vacate during the term of a tenancy requiring the tenant to vacate the premises at the end of the notice provided that-- (a) the notice is for 26 weeks; and (b) the notice does not require the tenant to vacate the premises during a fixed term. 95 (1) If a tenant is required to vacate the premises in accordance with clause 94, the tenant may vacate the premises at any time during the 2 weeks before the date specified in the notice to vacate provided the tenant gives the lessor 4 days notice of intention to vacate. (2) In this case, the tenancy terminates on the date that the tenant vacates the premises. Termination of periodic tenancy 96 (1) If there is a periodic tenancy, the lessor may serve on the tenant a notice to vacate for the following periods on the following grounds: (a) 4 weeks notice if the lessor genuinely intends to live in the premises; (b) 4 weeks notice if the lessor genuinely believes the lessor's immediate relative intends to live in the premises; (c) 4 weeks notice if the lessor genuinely believes an interested person intends to live in the premises; (d) 8 weeks notice if the lessor genuinely intends to sell the premises; (e) 12 weeks notice if the lessor genuinely intends to reconstruct, renovate or make major repairs to the premises and the reconstruction, renovation or repairs cannot reasonably be carried out with the tenant living in the premises. (2) In this clause: "immediate relative" means a son, daughter, son-in-law, daughter-in-law, mother, father, mother-in-law, father-in-law, brother, sister, brother-in-law or sister-in-law. "interested person", for a lessor, means a person who is not an immediate relative of the lessor but who has a close family or personal relationship with the lessor and who has a reasonable expectation arising from that relationship that the lessor would provide accommodation for that person. 97 (1) If a tenant is required to vacate the premises in accordance with clause 96, the tenant may vacate the premises at any time during the 2 weeks before the date specified in the notice to vacate provided the tenant gives the lessor 4 days notice of intention to vacate. (2) In this case, the tenancy terminates on the date that the tenant vacates the premises. Notices of address for service 98 (1) At the commencement of the tenancy, the lessor and the tenant must each give an address for service of notices. (2) If the address changes during the tenancy, the lessor or tenant must advise the other party of the new address for service within 2 weeks of the change. 99 On vacating the premises, the tenant must advise the lessor of a forwarding address. 100 If 2 or more people share a tenancy, except where this agreement otherwise provides, they do so as joint tenants. RESIDENTIAL TENANCIES ACT 1997 - NOTES Dictionary Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: o ACAT o corporation o entity o exercise o functions o State o under. "ACAT trust account"--see the ACT Civil and Administrative Tribunal Act 2008, section 115B (2). "asbestos advice"--see the Dangerous Substances Act 2004, section 47J. "asbestos assessment report", for premises--see the Dangerous Substances Act 2004, section 47K. "bond" means an amount paid or payable by a tenant as security for the performance of the tenant's obligations under a residential tenancy agreement. "commissioner" means the commissioner for fair trading. "conditional termination and possession order" means a termination and possession order under section 49 (3). "crisis accommodation"--see section 126. "energy efficiency rating" means the energy efficiency rating contained in an energy efficiency rating statement. "energy efficiency rating statement"--see the Civil Law (Sale of Residential Property) Act 2003, section 20. "fixed term agreement" means a residential tenancy agreement under which a tenant has a right of occupation for a fixed term. "former lessor", in relation to a residential tenancy agreement that has been terminated, means the person who was the lessor while the agreement was in force. "former tenant", in relation to a residential tenancy agreement that has been terminated, means the person who was the tenant while the agreement was in force. "grantor"--see section 71A. "lessor"--see section 5. "mobile home" means a dwelling (whether on wheels or not) that can be transferred from place to place and re-erected. "mobile home park" means land lawfully used for the purpose of accommodating mobile homes or caravans, and includes a caravan park or camping ground. "occupancy agreement"--see section 71C. "occupancy dispute", for part 6 (Resolution of residential tenancy and occupancy disputes)--see section 73. "occupancy principles"--see section 71E. "occupant"--see section 71B. "periodic agreement" means a residential tenancy agreement that is not a fixed term agreement. "personal information", for part 6A (Tenancy databases)--see section 107B. "premises" includes-- (a) any habitable structure, whether it is fixed to the land or not; and (b) part of any premises; and (c) any land, buildings or structures belonging to the premises. "registrar" means the registrar of the ACAT. "residential tenancy agreement"--see section 6A. "standard occupancy terms" means the standard occupancy terms (if any) prescribed by regulation. "standard residential tenancy terms" means the terms mentioned in schedule 1. "tenancy database"--see section 107B. "tenancy dispute"--see section 72. "tenant"--see section 6. "termination and possession order" means an order of the tribunal terminating a residential tenancy agreement and granting vacant possession of the relevant premises to the applicant for the order. "termination" notice means a notice in the form approved under section 133 (Approved forms--Minister) served on the lessor or tenant giving notice of the intention of the tenant or lessor to terminate the residential tenancy agreement. "tribunal", for schedule 1, means the ACAT. "trust account" means the trust bank account maintained by the chief executive of the administrative unit responsible for administering this Act in accordance with the Financial Management Act 1996, section 51. RESIDENTIAL TENANCIES ACT 1997 - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired 3 Legislation history Residential Tenancies Act 1997 No 84 notified 25 November 1997 (Gaz 1997 No S360) s 1, s 2 commenced 25 November 1997 (s 2 (1)) remainder commenced 25 May 1998 (s 2 (3)) as amended by Legal Practitioners (Consequential Amendments) Act 1997 No 96 sch 1 notified 1 December 1997 (Gaz 1997 No S380) s 1, s 2 commenced 1 December 1997 (s 2 (1)) sch 1 commenced 1 June 1998 (s 2 (2)) Residential Tenancies (Amendment) Act 1997 No 122 notified 24 December 1997 (Gaz 1997 No S420) ss 1-3 commenced 24 December 1997 (s 2 (1)) remainder commenced 31 March 1999 (s 2 (2)) Residential Tenancies (Amendment) Act 1998 No 5 notified 25 May 1998 (Gaz 1998 No S150) s 4, s 8 commenced 1 July 1998 (s 2 (2)) remainder commenced 25 May 1998 (s 2 (1)) Courts and Tribunals (Audio Visual and Audio Linking) Act 1999 No 22 pt 12 notified 14 April 1999 (Gaz 1999 No S16) s 1, s 2 commenced 14 April 1999 (s 2 (1)) pt 12 commenced 1 September 1999 (s 2 (2) and Gaz 1999 No 35) Law Reform (Miscellaneous Provisions) Act 1999 No 66 sch 3 notified 10 November 1999 (Gaz 1999 No 45) sch 3 commenced 10 November 1999 (s 2) Justice and Community Safety Legislation Amendment Act 2000 No 1 sch notified 9 March 2000 (Gaz 2000 No 10) s 1, s 2 commenced 9 March 2000 (s 2 (1)) amdts commenced 9 September 2000 (s 2 (3)) Justice and Community Safety Legislation Amendment Act 2000 (No 3) No 17 sch 1 notified 1 June 2000 (Gaz 2000 No 22) commenced 1 June 2000 (s 2) Unit Titles Consequential Amendments Act 2001 No 17 sch 2 notified 5 April 2001 (Gaz 2001 No 14) s 1, s 2 commenced 5 April 2001 (IA s 10B) sch 2 commenced 5 October 2001 (s 2) Legislation (Consequential Amendments) Act 2001 No 44 pt 332 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 332 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Legislation Amendment Act 2002 No 11 pt 2.42 notified LR 27 May 2002 s 1, s 2 commenced 27 May 2002 (LA s 75) pt 2.42 commenced 28 May 2002 (s 2 (1)) Justice and Community Safety Legislation Amendment Act 2002 No 27 pt 13 notified LR 9 September 2002 s 1, s 2 commenced 9 September 2002 (LA s 75) pt 13 commenced 7 October 2002 (s 2 (2)) Statute Law Amendment Act 2002 No 30 pt 3.61 notified LR 16 September 2002 s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2)) pt 3.61 commenced 17 September 2002 (s 2 (1)) Evidence (Miscellaneous Provisions) Amendment Act 2003 A2003-48 sch 2 pt 2.12 notified LR 31 October 2003s 1, s 2 commenced 31 October 2003 (LA s 75 (1))sch 2 pt 2.12 commenced 30 April 2004 (s 2 and LA s 79) Construction Occupations Legislation Amendment Act 2004A2004-13 sch 2 pt 2.24 notified LR 26 March 2004s 1, s 2 commenced 26 March 2004 (LA s 75 (1)) sch 2 pt 2.24 commenced 1 September 2004 (s 2 and see Construction Occupations (Licensing) Act 2004 A2004-12, s 2 and CN2004-8) Residential Tenancies Amendment Act 2004 A2004-58 (as am by A2005-20 sch 3 pt 3.51) notified LR 8 September 2004s 1, s 2 commenced 8 September 2004 (LA s 75 (1))sch 1 commenced 1 January 2006 (s 2 (3))remainder commenced 8 March 2005 (s 2 (1) and LA s 79) Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.65 notified LR 2 September 2004s 1, s 2 commenced 2 September 2004 (LA s 75 (1)) sch 1 pt 1.65 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29) Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.51 notified LR 12 May 2005 s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2)) sch 3 pt 3.51 taken to have commenced 8 March 2005 (s 2 (2)) Note This Act only amends the Residential Tenancies Amendment Act 2004 A2004-58. Residential Tenancies Amendment Act 2005 A2005-39 notified LR 31 August 2005s 1, s 2 commenced 31 August 2005 (LA s 75 (1))s 7, s 25, s 26 commenced 1 January 2006 (s 2 and CN2005-24) remainder commenced 28 February 2006 (s 2 and LA s 79) Justice and Community Safety Legislation Amendment Act 2005 (No 3) A2005-43 sch 1 pt 1.11 notified LR 30 August 2005s 1, s 2 commenced 30 August 2005 (LA s 75 (1))sch 1 pt 1.11 commenced 1 October 2005 (s 2 (3) and CN2005-18) Criminal Code (Administration of Justice Offences) Amendment Act 2005 A2005-53 sch 1 pt 1.28 notified LR 26 October 2005 s 1, s 2 commenced 26 October 2005 (LA s 75 (1)) sch 1 pt 1.28 commenced 23 November 2005 (s 2) Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.33 notified LR 27 October 2005 s 1, s 2 commenced 27 October 2005 (LA s 75 (1)) sch 1 pt 1.33 commenced 24 November 2005 (s 2) Justice and Community Safety Legislation Amendment Act 2005 (No 4) A2005-60 sch 1 pt 1.23 notified LR 1 December 2005 s 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2)) sch 1 pt 1.23 commenced 22 December 2005 (s 2 (4)) Asbestos Legislation Amendment Act 2006 A2006-16 sch 1 pt 1.7 (as am by A2006-24 s 4) notified LR 18 May 2006 s 1, s 2 commenced 18 May 2006 (LA s 75 (1)) sch 1 pt 1.7 commenced 1 July 2006 (s 2 (1) as am by A2006-24 s 4) Asbestos Legislation Amendment Act 2006 (No 2) A2006-24 notified LR 18 May 2006 s 1, s 2 commenced 18 May 2006 (LA s 75 (1)) remainder commenced 19 May 2006 (s 2) Note This Act only amends the Asbestos Legislation Amendment Act 2006 A2006-16. Justice and Community Safety Legislation Amendment Act 2006 A2006-40 sch 1 pt 1.12, sch 2 pt 2.28 notified LR 28 September 2006 s 1, s 2 commenced 28 September 2006 (LA s 75 (1)) sch 1 pt 1.12 commenced 19 October 2006 (s 2 (3)) sch 2 pt 2.28 commenced 29 September 2006 (s 2 (1)) Housing Assistance Act 2007 A2007-8 sch 1 pt 1.8 notified LR 10 May 2007 s 1, s 2 commenced 10 May 2007 (LA s 75 (1)) sch 1 pt 1.8 commenced 10 November 2007 (s 2 and LA s 79) Justice and Community Safety Legislation Amendment Act 2008 A2008-7 sch 1 pt 1.19 notified LR 16 April 2008 s 1, s 2 commenced 16 April 2008 (LA s 75 (1)) sch 1 pt 1.19 commenced 7 May 2008 (s 2) Justice and Community Safety Legislation Amendment Act 2008 (No 2) A2008-22 sch 1 pt 1.9 notified LR 8 July 2008 s 1, s 2 commenced 8 July 2008 (LA s 75 (1)) sch 1 pt 1.9 commenced 29 July 2008 (s 2) Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.50 notified LR 12 August 2008 s 1, s 2 commenced 12 August 2008 (LA s 75 (1)) sch 3 pt 3.50 commenced 26 August 2008 (s 2) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.44 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.44 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.89 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.89 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Justice and Community Safety Legislation Amendment Act 2009 A2009-7 sch 1 pt 1.9 notified LR 5 March 2009 s 1, s 2 commenced 5 March 2009 (LA s 75 (1)) sch 1 pt 1.9 commenced 6 March 2009 (s 2 (1)) Justice and Community Safety Legislation Amendment Act 2009 (No 2) A2009-19 pt 15 notified LR 1 September 2009 s 1, s 2 commenced 1 September 2009 (LA s 75 (1)) pt 15 commenced 29 September 2009 (s 2) 4 Amendment history Titletitle sub A2004-58 s 4 Dictionarys 2 om R1 LA ins A2004-58 s 7 Notess 3 sub A2004-58 s 7 def approved mediator sub 1998 No 5 s 4 reloc to dict A2004-58 s 6 def bond reloc to dict A2004-58 s 6 def commissioner reloc to dict A2004-58 s 6 def director sub 1999 No 66 sch 3 om 2000 No 17 sch 1 def energy efficiency rating ins 1997 No 122 s 4 reloc to dict A2004-58 s 6 def energy efficiency rating statement ins 1997 No 122 s 4 om A2004-58 s 5 def fixed term agreement reloc to dict A2004-58 s 6 def former lessor reloc to dict A2004-58 s 6 def former tenant reloc to dict A2004-58 s 6 def lessor om A2004-58 s 5 def member of the tribunal reloc to dict A2004-58 s 6 def mobile home reloc to dict A2004-58 s 6 def mobile home park reloc to dict A2004-58 s 6 def party reloc to dict A2004-58 s 6 def periodic agreement reloc to dict A2004-58 s 6 def preliminary conference reloc to dict A2004-58 s 6 def premises reloc to dict A2004-58 s 6 def prescribed terms om A2004-58 s 5 def president reloc to dict A2004-58 s 6 def referee reloc to dict A2004-58 s 6 def registrar sub 1999 No 66 sch 3 reloc to dict A2004-58 s 6 def residential tenancy agreement om A2004-58 s 5 def retirement village om A2004-58 s 5 def tenancy dispute om A2004-58 s 5 def tenant om A2004-58 s 5 def termination and possession order reloc to dict A2004-58 s 6 def termination notice am 2001 No 44 s 1.3632 reloc to dict A2004-58 s 6 def tribunal reloc to dict A2004-58 s 6 def trust account reloc to dict A2004-58 s 6 def working day om A2004-58 s 5 Offences against Act--application of Criminal Code etcs 3A ins A2005-54 amdt 1.229 Application of Acts 4 sub A2004-58 s 8 am A2005-60 amdt 1.126 Meaning of residential tenancy agreementpt 1A hdg ins A2004-58 s 8 Who is a lessor?s 5 sub A2004-58 s 8 Who is a tenant?s 6 sub A2004-58 s 8 What is a residential tenancy agreement?s 6A ins A2004-58 s 8 Residential tenancy agreement if agreement written and says it is residential tenancy agreements 6B ins A2004-58 s 8 Residential tenancy agreement if agreement part of employments 6C ins A2004-58 s 8 Certain kinds of agreements not residential tenancy agreementss 6D ins A2004-58 s 8 Certain people given right of occupation not tenantss 6E ins A2004-58 s 8 Certain kinds of premises mean no residential tenancy agreements 6F ins A2004-58 s 8 When does residential tenancy agreement start?s 7 sub A2004-58 s 8 Residential tenancy agreementspt 2 hdg sub A2004-58 s 8 Terms of agreementdiv 2.1 hdg (prev pt 2 div 1 hdg) renum R2 LA sub A2004-58 s 8 Standard residential tenancy termss 8 sub A2004-58 s 8 am A2005-39 s 7; A2005-39 s 4, s 5, s 7; pars renum R18 LA (see A2005-39 s 6); A2008-36 amdt 1.595 Inconsistent tenancy terms voids 9 hdg sub A2005-60 amdt 1.127s 9 sub A2004-58 s 8 am A2008-36 amdt 1.595 Endorsement of inconsistent tenancy terms by ACATs 10 hdg sub A2005-60 amdt 1.128 am A2008-36 amdt 1.595s 10 sub A2004-58 s 8 am A2005-39 s 8; A2007-8 amdt 1.19; A2008-36 amdt 1.595 Precontractual obligationsdiv 2.2 hdg (prev pt 2 div 2 hdg) renum R2 LA Energy efficiency rating--advertisings 11A ins 1997 No 122 sub A2005-54 amdt 1.230 Lessor's obligationss 12 am 1997 No 122; A2004-13 amdt 2.89; A2004-58 amdt 2.1, amdt 2.2; A2005-39 s 9, s 10; A2006-16 amdt 1.48 Considerationdiv 2.3 hdg (prev pt 2 div 3 hdg) renum R2 LA Rent or a bond onlys 15 am A2005-39 s 11; A2007-8 amdt 1.19; A2008-36 amdt 1.595 Alternative to a bond-insurances 17 om A2004-58 s 9 Lessor's obligations on signing agreementdiv 2.4 hdg (prev pt 2 div 4 hdg) renum R2 LA Copy of agreement to be given to tenants 19 am A2004-58 amdt 2.3 Deposit of bond by lessors 23 am A2004-58 amdt 2.4 sub A2005-39 s 12 Payment of bondsdiv 3.1 hdg (prev pt 3 div 1 hdg) renum R2 LA Depositing bonddiv 3.2 hdg (prev pt 3 div 2 hdg) renum R2 LA Notice accompanying deposits 25 am 2001 No 44 amdt 1.3633, amdt 1.3634 Payment of bond money into trust accounts 27 am A2008-36 amdt 1.595 Interest on amounts in trust accounts 28 am 2000 No 17 sch 1; 2002 No 27 s 62 sub A2005-60 amdt 1.129 (4)-(7) exp 22 March 2006 (s 28 (7)) sub A2008-37 amdt 1.424 Condition of premises and deductions from bonddiv 3.3 hdg (prev pt 3 div 3 hdg) renum R2 LA Condition reportss 29 am 2001 No 44 amdt 1.3635, amdt 1.3636; A2004-58 ss 10-13, amdt 2.5; A2005-39 s 13 Deductions from bonds 31 am A2008-36 amdt 1.595 Release of bond moneydiv 3.4 hdg (prev pt 3 div 4 hdg) renum R2 LA Application for releases 32 am 1999 No 66 sch 3; 2001 No 44 amdt 1.3637, amdt 1.3638; R2 LA; A2008-36 amdt 1.583, amdt 1.595 Release if no dispute or if orders 34 am 1999 No 66 sch 3; A2004-58 amdt 2.6; A2008-36 amdt 1.595 Disputes about all or part of bonds 35 am A2004-58 amdt 2.7 sub A2008-36 amdt 1.584 Generaldiv 4.1 hdg (prev pt 4 div 1 hdg) renum R2 LA Terminations 36 am 2001 No 44 amdt 1.3639; pars renum R15 LA; A2005-39 s 14; A2008-36 amdt 1.595 Entry for eviction purposess 37 am A2008-36 amdt 1.595 General duty to mitigates 38 am A2008-36 amdt 1.595 Content of termination and possession orderss 39 am A2008-36 amdt 1.595 Warrants for evictiondiv 4.2 hdg (prev pt 4 div 2 hdg) renum R2 LA Content of warrants 40 sub A2005-39 s 15 Unconditional orderss 41 am A2008-36 amdt 1.595 Conditional orderss 42 sub A2005-39 s 16 am A2008-22 amdt 1.47; ss renum R28 LA; A2008-36 amdt 1.595 Failure to comply with conditional orders 42A ins A2005-39 s 16 am A2008-22 amdts 1.48-1.50; A2008-36 amdt 1.595 Hearing of applications 42B ins A2005-39 s 16 am A2008-22 amdt 1.51; A2008-36 amdt 1.595 Termination initiated by tenantdiv 4.3 hdg (prev pt 4 div 3 hdg) renum R2 LA Breach of standard residential tenancy termss 43 hdg sub A2004-58 amdt 2.8s 43 am A2004-58 amdt 2.9; A2008-36 amdt 1.595 Significant hardships 44 am 2002 No 30 amdt 3.662; A2008-36 amdt 1.595 Damage, injury or intention to damage or injures 45 am A2008-36 amdt 1.595 False or misleading statementss 46 am A2008-36 amdt 1.595 Termination initiated by lessordiv 4.4 hdg (prev pt 4 div 4 hdg) renum R2 LA No breach of standard residential tenancy termss 47 hdg sub A2004-58 amdt 2.10s 47 am 2001 No 44 amdt 1.3640; A2004-58 amdt 2.11, amdt 2.12; A2008-36 amdt 1.595 Certain breaches of standard residential tenancy termss 48 hdg sub A2004-58 amdt 2.13s 48 am 2001 No 44 amdt 1.3640; A2004-58 amdt 2.14, amdt 2.15; A2008-22 amdt 1.52; A2008-28 amdt 3.148; A2008-36 amdt 1.595 Failure to pay rents 49 am 2001 No 44 amdt 1.3640; A2004-58 amdt 2.16; A2008-22 amdt 1.53; A2008-28 amdts 3.149-3.151; ss renum R29 LA; A2008-36 amdt 1.595 Significant hardships 50 am A2008-36 amdt 1.595 Damage, injury or intention to damage or injures 51 sub A2004-58 s 14 am A2005-43 amdt 1.31; A2005-39 s 17; A2008-36 amdt 1.595 False or misleading statementss 52 am A2008-36 amdt 1.595 Employer-provided accommodations 53 am A2008-36 amdt 1.595 Purported assignment or sublettings 54 am 2001 No 44 amdt 1.3640; A2004-58 amdt 2.17, amdt 2.18; A2008-36 amdt 1.595 Repudiation without vacations 55 am A2008-36 amdt 1.595 Compensation to lessors 56 am A2004-58 amdt 2.19; A2008-36 amdt 1.595 Retaliatory applicationss 57 sub A2004-58 s 15 am A2008-36 amdt 1.595 Defective termination noticesdiv 4.5 hdg (prev pt 4 div 5 hdg) renum R2 LA Lessor's defective notice if tenant vacatess 58 am 2001 No 44 amdt 1.3641, amdt 1.3642; A2008-36 amdt 1.595 Lessor's defective notice if tenant does not vacates 59 am 2001 No 44 amdt 1.3643; A2004-58 amdt 2.20; A2008-36 amdt 1.595 Tenant's defective termination notices 60 am 2001 No 44 amdt 1.3644, 1.3646; A2008-36 amdt 1.595 Abandonment of premisesdiv 4.6 hdg (prev pt 4 div 6 hdg) renum R2 LA Effect of abandonments 61 am A2004-58 s 16; A2008-36 amdt 1.585 Abandonment during fixed terms 62 am 1998 No 5; A2008-36 amdt 1.595 Miscellaneousdiv 4.7 hdg (prev pt 4 div 7 hdg) renum R2 LA Successor in title to lessors 64 am 1998 No 5; 2001 No 44 amdts 1.3646-1.3648, A2004-58 s 17, s 18; ss renum R10 LA (see A2004-58 s 19) Standard residential tenancy term--increase in rents 64A ins A2009-19 s 66 Waiver of notice requirementss 65 am 2001 No 44 amdts 1.3649-1.3651; A2004-58 amdt 2.21; A2008-36 amdt 1.595 Freezing rentss 66 am A2008-36 amdt 1.585 Orderss 67 am A2008-36 amdt 1.585 Guideline for orderss 68 am A2004-58 s 20, amdt 2.22; pars renum R15 LA; A2008-36 amdt 1.595 Effect of orderss 69 am A2008-36 amdt 1.585 Further increasess 70 am A2008-36 amdt 1.585 Reduction of existing rents 71 am A2004-58 s 21; ss renum R10 LA (see A2004-58 s 22); A2008-36 amdt 1.595 Occupancy agreementspt 5A hdg ins A2004-58 s 23 Who is grantor?s 71A ins A2004-58 s 23 Who is an occupant?s 71B ins A2004-58 s 23 What is an occupancy agreement?s 71C ins A2004-58 s 23 am A2006-40 amdt 1.32 When does an occupancy agreement start?s 71D ins A2004-58 s 23 Occupancy principless 71E ins A2004-58 s 23 Regulations about occupancy agreementss 71F ins A2004-58 s 23 Standard occupancy termss 71G ins A2004-58 s 23 Occupant may deposit bond with Territorys 71GA ins A2005-43 amdt 1.32 am A2008-37 amdt 1.425 Resolution of residential tenancy and occupancy disputespt 6 hdg sub A2004-58 s 24; A2008-36 amdt 1.586 Important conceptsdiv 6.1A hdg ins A2004-58 s 24 om A2008-36 amdt 1.586 What is a tenancy dispute?s 71H ins A2004-58 s 24 om A2008-36 amdt 1.586 What is an occupancy dispute?s 71I ins A2004-58 s 24 om A2008-36 amdt 1.586 Tribunal to have regard to occupancy principless 71J ins A2004-58 s 24 om A2008-36 amdt 1.586 Important conceptsdiv 6.1 hdg (prev pt 6 div 1 hdg) renum R2 LA sub A2008-36 amdt 1.586 Meaning of tenancy disputes 72 sub A2004-58 s 25; A2008-36 amdt 1.586 Meaning of occupancy disputes 73 am 1998 No 5; 2000 No 1 sch; 2001 No 44 amdt 1.3652, amdt 1.3653, A2004-58 s 26, amdt 2.23; ss renum R10 LA (see A2004-58 s 27) sub A2008-36 amdt 1.586 ACAT to have regard to occupancy principless 74 am A2004-58 amdt 2.24 sub A2008-36 amdt 1.586 Action by registrardiv 6.2 hdg (prev pt 6 div 2 hdg) renum R2 LA sub A2008-36 amdt 1.586 Assistance with inquiries about residential tenancy and occupancy agreementss 75 am A2004-58 amdt 2.25, amdt 2.26 sub A2008-36 amdt 1.586 Jurisdiction of ACAT--this Act, standard residential tenancy terms and standard occupancy termsdiv 6.3 hdg (prev pt 6 div 4 hdg) renum R2 LA sub A2008-36 amdt 1.586 Jurisdiction of ACAT under this Act etcs 76 am A2004-58 amdt 2.27 sub A2008-36 amdt 1.586 Saving of court jurisdictions 77 am A2004-58 amdts 2.28-2.30 sub A2008-36 amdt 1.586 Extended jurisdiction of ACAT with agreement of partiess 78 sub A2008-36 amdt 1.586 Applications to ACATdiv 6.4 hdg (prev pt 6 div 5 hdg) renum R2 LA sub A2008-36 amdt 1.586 Who may apply to ACAT?s 79 om 1998 No 5 ins A2008-36 amdt 1.586 Applications to ACAT by children--application of this Act etcs 80 om 1998 No 5 ins A2008-36 amdt 1.586 Powers and decisions of ACATdiv 6.5 hdg (prev pt 6 div 6 hdg) renum R2 LA sub A2008-36 amdt 1.586 ACAT to assist parties to tenancy and occupancy disputess 81 am A2004-58 amdt 2.31 sub A2008-36 amdt 1.586 Disputes about agreements no longer in forces 82 sub A2008-36 amdt 1.586 Orders by ACATs 83 sub A2005-53 amdt 1.135; A2008-36 amdt 1.586 Notice of intention to vacate--award of compensations 84 am A2004-58 amdt 2.32 sub A2008-36 amdt 1.586 Substitution of tenants 85 am A2004-58 amdt 2.32 sub A2008-36 amdt 1.586 Enforcement of ACAT ordersdiv 6.6 hdg orig div 6.6 hdg (prev pt 6 div 7 hdg) renum as div 6.6 hdg and then sub as pt 6B hdg pres div 6.6 hdg ins A2008-36 amdt 1.586 Failure to comply with ACAT orderss 86 sub A2008-36 amdt 1.586 Review of decisions by referees 87 am A2004-58 amdt 2.32 om A2008-36 amdt 1.586 Partiess 88 am 2000 No 17 sch 1, A2004-58 amdt 2.32 om A2008-36 amdt 1.586 Intervention by commissioners 89 hdg am 2000 No 17 sch 1s 89 am 2000 No 17 sch 1 om A2008-36 amdt 1.586 Review of decisions by referees 90 om A2008-36 amdt 1.586 Procedure in absence of partys 91 am A2004-58 amdt 2.32 om A2008-36 amdt 1.586 Adjournment of proceedingss 92 am A2004-58 amdt 2.32 om A2008-36 amdt 1.586 Record of proceedingss 93 om A2008-36 amdt 1.586 Inquiriess 94 om A2008-36 amdt 1.586 Representations 95 om A2008-36 amdt 1.586 Subpoena to witnessess 96 sub A2005-53 amdt 1.36 (4), (5) exp 23 November 2006 (s 96 (5)) om A2008-36 amdt 1.586 Appearance by audiovisual or audio linkss 96A ins 1999 Act No 22 s 34 am 2000 No 17 sch 1; A2003-48 amdt 2.17 om A2008-36 amdt 1.586 Powers of tribunal in relation to witnessess 97 sub A2005-53 amdt 1.37 om A2008-36 amdt 1.586 Assistance to partiess 98 om A2008-36 amdt 1.586 Amendmentss 99 om A2008-36 amdt 1.586 Costss 100 om A2008-36 amdt 1.586 Renewed hearingss 101 am A2004-58 amdt 2.33 om A2008-36 amdt 1.586 Procedural powers of tribunals 102 am 2001 No 44 amdts 1.3654-1.3656; A2004-58 ss 28-30; pars renum R10 LA (see A2004-58 s 31); A2008-22 amdt 1.54 om A2008-36 amdt 1.586 Interim orderss 103 am 2001 No 44 amdts 1.3657-1.3659; A2004-58 amdt 2.34 om A2008-36 amdt 1.586 Orderss 104 am 2001 No 44 amdt 1.3660, A2004-58 s 32, amdts 2.35-2.38; pars renum R10 LA (see A2004-58 s 33); A2005-60 amdt 1.130 om A2008-36 amdt 1.586 Tribunal may refer matters to other entitiess 104A ins A2004-58 s 34 om A2008-36 amdt 1.586 Tribunal to record details of orders 104B ins A2004-58 s 34 om A2008-36 amdt 1.586 Tribunal to give copy of order and order details to partiess 105 sub A2004-58 s 34 om A2008-36 amdt 1.586 Statement of reasonss 106 am A2004-58 amdt 2.39 om A2008-36 amdt 1.586 Notice of intention to vacate--award of compensations 107 om A2008-36 amdt 1.586 Substitution of tenants 107A ins A2005-39 s 18 am A2007-8 amdt 1.16 om A2008-36 amdt 1.586 Tenancy databasespt 6A hdg ins A2005-39 s 19 Definitions for pt 6As 107B ins A2005-39 s 19 def personal information ins A2005-39 s 19 def tenancy database ins A2005-39 s 19 Non-application to internal databasess 107C ins A2005-39 s 19 am A2007-8 amdt 1.19 Restriction on inclusion of personal informations 107D ins A2005-39 s 19 Application to ACAT about contraventions 107E hdg am A2008-36 amdt 1.595s 107E ins A2005-39 s 19 am A2008-36 amdt 1.595 Application to ACAT about incorrect or unjust inclusion in databases 107F hdg am A2008-36 amdt 1.595s 107F ins A2005-39 s 19 am A2008-36 amdt 1.595 Application to ACAT about proposed inclusion of personal informations 107G hdg am A2008-36 amdt 1.595s 107G ins A2005-39 s 19 am A2008-36 amdt 1.595 Order for compensations 107H ins A2005-39 s 19 am A2008-36 amdt 1.595 Enforcementpt 6B hdg (prev pt 6 div 7 hdg) renum as div 6.6 hdg R2 LA sub as pt 6B hdg A2005-39 s 20 om A2008-36 amdt 1.587 Failure to comply with tribunal orderss 108 sub A2005-54 amdt 1.231 om A2008-36 amdt 1.587 Orders for payment of moneys 109 om A2008-36 amdt 1.587 Residential Tenancies Tribunalpt 7 hdg om A2008-36 amdt 1.587 Residential tenancies tribunaldiv 7.1 hdg (prev pt 7 div 1 hdg) renum R2 LA om A2008-36 amdt 1.587 Establishments 110 om A2008-36 amdt 1.587 Constitutions 111 om A2008-36 amdt 1.587 Memberships 112 am 2002 No 11 amdt 2.87; A2004-58 s 35; A2008-22 amdt 1.55; A2008-28 amdt 3.152, amdt 3.153 om A2008-36 amdt 1.587 Acting presidents 113 om A2008-28 amdt 3.154 Registrar and deputy registrars 114 sub 1999 No 66 sch 3 am A2006-40 amdt 1.33 om A2008-36 amdt 1.587 Jurisdiction of tribunal generallys 115 am 1999 No 66 sch 3; A2004-58 amdt 2.40, amdt 2.41 sub A2006-40 amdt 1.34 om A2008-36 amdt 1.587 Saving of court jurisdictions 115A orig s 115A renum as s 115C ins A2006-40 amdt 1.34 om A2008-36 amdt 1.587 Extended jurisdiction of tribunal with agreement of partiess 115B ins A2006-40 amdt 1.34 om A2008-36 amdt 1.587 Disputes about agreements no longer in forces 115C (prev s 115A) ins A2004-58 s 36 renum A2006-40 amdt 1.35 om A2008-36 amdt 1.587 Decisions on matters agreed to by partiess 115D ins A2008-7 amdt 1.75 om A2008-36 amdt 1.587 Refereesdiv 7.2 hdg (prev pt 7 div 2 hdg) renum R2 LA om A2008-36 amdt 1.587 Refereess 116 am 1997 No 96 sch 1; A2004-58 amdt 2.42; A2005-39 s 21; A2008-28 amdt 3.155, amdt 3.156; ss renum R29 LA om A2008-36 amdt 1.587 Registrar and deputy registrarsdiv 7.3 hdg (prev pt 7 div 3 hdg) renum R2 LA om A2008-36 amdt 1.587 Functions and powerss 117 am A2004-58 s 37, amdt 2.43, amdt 2.44 om A2008-36 amdt 1.587 President's involvements 118 om A2008-36 amdt 1.587 Deputy registrarss 119 om A2008-28 amdt 3.157 Other matters about tribunaldiv 7.4 hdg (prev pt 7 div 3 hdg) renum R1 LRA renum R2 LA om A2008-36 amdt 1.587 Procedure generallys 120 am 2001 No 44 amdt 1.3661, amdt 1.3662 sub A2004-58 s 38 om A2008-36 amdt 1.587 Informality of proceduress 121 om A2008-28 amdt 3.157 Contempt of tribunals 122 sub A2005-53 amdt 1.38 om A2008-36 amdt 1.587 Application of Criminal Code, ch 7s 122A ins A2005-53 amdt 1.38 om A2008-36 amdt 1.587 Protection of members etcs 123 om A2008-28 amdt 3.157 Approved forms--registrars 123A ins 2001 No 44 amdt 1.3663 am A2008-28 amdt 3.158 om A2008-36 amdt 1.587 Referrals and appeals to Supreme Courtpt 8 hdg om A2008-36 amdt 1.587 Referral of questions of laws 124 sub A2004-60 amdt 1.626 om A2008-36 amdt 1.587 Appeals from tribunal decisionss 125 sub A2004-60 amdt 1.626 am A2004-58 s 39 (as am by A2005-20 amdt 3.340) (5), (6) exp 10 January 2006 (s 125 (6)) sub A2006-40 amdt 2.170 om A2008-36 amdt 1.587 Declared crisis accommodation providers 126 om A2004-60 amdt 1.626 ins A2005-39 s 22 Transfer of public housing under wills 127A ins A2005-39 s 23 am A2007-8 amdt 1.17, amdt 1.19; A2008-36 amdt 1.595 Purported assignment or sublettings 128 am A2004-58 amdt 2.45; A2008-36 amdt 1.595 Admissibility of evidence given before approved mediator etcs 129 am A2005-53 amdt 1.39 sub A2005-54 amdt 1.232 om A2008-36 amdt 1.588 False informations 130 om A2005-53 amdt 1.40 (see also A2005-54 amdt 1.233) Proceedings by childrens 131 sub A2004-60 amdt 1.627 Approved forms--Ministers 133 sub 2001 No 44 amdt 1.3664 (4)-(7) exp 12 September 2002 (s 133 (7)) am A2008-36 amdt 1.595 Determined criterias 134 om A2004-58 s 40 Determined feess 135 om 2000 No 1 sch Regulation-making powers 136 am 2001 No 44 amdt 1.3665, amdt 1.3666; A2005-39 s 24; A2008-36 amdt 1.589 Transitionalpt 10 hdg ins A2004-58 s 41 exp 8 March 2006 (s 139) Occupancy agreementss 137 ins A2004-58 s 41 exp 8 March 2006 (s 139) Disposal of condition reports held by Territorys 138 ins A2004-58 s 41 exp 8 April 2005 (s 139) Expiry of pt 10s 139 ins A2004-58 s 41 exp 8 March 2006 (s 139) Transitional--Asbestos Legislation Amendment Act 2006pt 11 hdg ins A2006-16 amdt 1.49 exp 1 July 2007 (s 141) Existing residential tenancy agreements--lessor must provide asbestos informations 140 ins A2006-16 amdt 1.49 exp 1 July 2007 (s 141) Expiry--pt 11s 141 ins A2006-16 amdt 1.49 exp 1 July 2007 (s 141) Validationpt 12 hdg ins A2009-7 amdt 1.36 exp 6 March 2009 (s 143) Validation of selections 142 ins A2009-7 amdt 1.36 exp 6 March 2009 (s 143) Expiry--pt 12s 143 ins A2009-7 amdt 1.36 exp 6 March 2009 (s 143) Standard residential tenancy termssch 1 hdg (prev sch hdg) renum R2 LA sub A2004-58 amdt 1.1sch 1 cl 13 am 1999 No 66 sch 3; 2000 No 17 sch 1; 2001 No 17 amdt 2.17sch 1 cl 20 am A2004-58 amdt 1.2, amdt 1.3sch 1 cl 21 am A2004-58 amdt 1.4sch 1 cl 22 am A2004-58 amdt 1.5sch 1 cl 23 sub A2005-39 s 25sch 1 cl 26 am A2004-58 amdt 1.6sch 1 cl 30 am A2004-58 amdt 1.7sch 1 cl 31 am A2004-58 amdt 1.8sch 1 cl 36 am A2007-8 amdt 1.18sch 1 cl 43 am A2004-58 amdt 1.9sch 1 cl 45 sub 2001 No 17 amdt 2.18sch 1 cl 54 am A2004-58 amdt 1.10; subcl renum R16 LA (see A2004-58 amdt 1.11)sch 1 cl 55 am R1 LA; R2 LA; A2005-39 s 26sch 1 cl 58 sub 2001 No 17 amdt 2.19sch 1 cl 66 sub 2001 No 17 amdt 2.20 am A2004-58 amdt 1.12sch 1 cl 71 am A2004-58 amdt 1.13sch 1 cl 79 am A2004-58 amdt 1.14sch 1 cl 80 am A2004-58 amdt 1.15sch 1 cl 82 am A2004-58 amdt 1.16sch 1 cl 91 am A2004-58 amdt 1.17sch 1 cl 92 am A2004-58 amdts 1.18-1.22sch 1 cl 93 am A2004-58 amdt 1.23sch 1 cl 96 am A2004-58 amdt 1.24, amdt 1.25sch 1 cl 98 am A2004-58 amdt 1.26 Dictionarydict ins A2004-58 s 42 am A2008-36 amdt 1.590 def ACAT trust account ins A2008-37 amdt 1.426 def approved mediator sub 1998 No 5 s 4 reloc from s 3 A2004-58 s 6 om A2008-36 amdt 1.591 def asbestos advice ins A2006-16 amdt 1.50 def asbestos assessment report ins A2006-16 amdt 1.50 def bond reloc from s 3 A2004-58 s 6 def commissioner reloc from s 3 A2004-58 s 6 def conditional termination and possession order ins A2008-22 amdt 1.56 def crisis accommodation ins A2005-39 s 27 def energy efficiency rating ins 1997 No 122 s 4 reloc from s 3 A2004-58 s 6 def energy efficiency rating statement ins A2004-58 s 42 def enforcement condition ins A2005-39 s 27 om A2008-22 amdt 1.57 def fixed term agreement reloc from s 3 A2004-58 s 6 def former lessor reloc from s 3 A2004-58 s 6 def former tenant reloc from s 3 A2004-58 s 6 def grantor ins A2004-58 s 42 def lessor ins A2004-58 s 42 def member of the tribunal reloc from s 3 A2004-58 s 6 om A2008-36 amdt 1.591 def mobile home reloc from s 3 A2004-58 s 6 def mobile home park reloc from s 3 A2004-58 s 6 def occupancy agreement ins A2004-58 s 42 def occupancy dispute ins A2004-58 s 42 sub A2008-36 amdt 1.592 def occupancy principles ins A2004-58 s 42 def occupant ins A2004-58 s 42 def party reloc from s 3 A2004-58 s 6 om A2008-36 amdt 1.593 def periodic agreement reloc from s 3 A2004-58 s 6 def personal information ins A2005-39 s 27 def preliminary conference reloc from s 3 A2004-58 s 6 om A2008-36 amdt 1.593 def premises reloc from s 3 A2004-58 s 6 def president reloc from s 3 A2004-58 s 6 om A2008-36 amdt 1.593 def referee reloc from s 3 A2004-58 s 6 om A2008-36 amdt 1.593 def registrar sub 1999 No 66 sch 3 reloc from s 3 A2004-58 s 6 sub A2008-36 amdt 1.594 def residential tenancy agreement ins A2004-58 s 42 def standard occupancy terms ins A2004-58 s 42 def standard residential tenancy terms ins A2004-58 s 42 def tenancy database ins A2005-39 s 27 def tenancy dispute ins A2004-58 s 42 sub A2008-36 amdt 1.594 def tenant ins A2004-58 s 42 def termination and possession order reloc from s 3A2004-58 s 6 def termination notice am 2001 No 44 s 1.3632 reloc from s 3 A2004-58 s 6 def tribunal reloc from s 3 A2004-58 s 6 sub A2008-36 amdt 1.594 def trust account reloc from s 3 A2004-58 s 6 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R0A14 Feb 2008 31 Mar 1999-31 Aug 1999 A1998-5 amendments by A1997-96, A1997-122 and A1998-5 R0B14 Feb 2008 1 Sept 1999-9 Nov 1999 A1999-22 amendments by A1999-22 R0C14 Feb 2008 10 Nov 1999-31 May 2000 A1999-66 amendments by A1999-66 R0D14 Feb 2008 1 June 2000-8 Sept 2000 A2000-17 amendments by A2000-17 R0E14 Feb 2008 9 Sept 2000-13 Nov 2000 A2000-17 amendments by A2000-1 R114 Nov 2000 14 Nov 2000-11 Sept 2001 A2000-17 includes editorial amendments under Legislation Act R1 (RI)14 Feb 2008 14 Nov 2000-11 Sept 2001 A2000-17 reissue of printed version R24 Feb 2002 12 Sept 2001-27 May 2002 A2001-44 amendments by A2001-44 R330 May 2002 28 May 2002-12 Sept 2002 A2002-11 amendments by A2002-11 R413 Sept 2002 13 Sept 2002-16 Sept 2002 A2002-27 commenced expiry R53 Oct 2002 17 Sept 2002-6 Oct 2002 A2002-30 amendments by A2002-30 R6*7 Oct 2002 7 Oct 2002-29 Apr 2004 A2002-30 amendments by A2002-27 R730 Apr 2004 30 Apr 2004-31 Aug 2004 A2004-13 amendments by A2003-48 R81 Sept 2004 1 Sept 2004-9 Jan 2005 A2004-13 amendments by A2004-13 R910 Jan 2005 10 Jan 2005-7 Mar 2005 A2004-60 amendments by A2004-60 R108 Mar 2005 8 Mar 2005-8 Apr 2005 A2004-60 amendments by A2004-58 R10 (RI)17 May 2005 8 Mar 2005-8 Apr 2005 A2004-60 reissue for retrospective amendments by A2005-20 R119 Apr 2005 9 Apr 2005-30 Sept 2005 A2004-60 commenced expiry R11 (RI)17 May 2005 9 Apr 2005-30 Sept 2005 A2004-60 reissue for retrospective amendments by A2005-20 R121 Oct 2005 1 Oct 2005-22 Nov 2005 A2005-43 amendments by A2005-43 R1323 Nov 2005 23 Nov 2005-23 Nov 2005 A2005-54 amendments by A2005-53 R1424 Nov 2005 24 Nov 2005-21 Dec 2005 A2005-54 amendments by A2005-54 R1522 Dec 2005 22 Dec 2005-31 Dec 2005 A2005-60 amendments by A2005-60 R161 Jan 2006 1 Jan 2006-10 Jan 2006 A2005-60 amendments by A2004-58 and A2005-39 R1711 Jan 2006 11 Jan 2006-27 Feb 2006 A2005-60 commenced expiry R1828 Feb 2006 28 Feb 2006-8 Mar 2006 A2005-60 amendments by A2005-39 R199 Mar 2006 9 Mar 2006-22 Mar 2006 A2005-60 commenced expiry R20*23 Mar 2006 23 Mar 2006-30 June 2006 A2005-60 commenced expiry R211 July 2006 1 July 2006-28 Sept 2006 A2006-24 amendments by A2006-16 as amended by A2006-24 R2229 Sept 2006 29 Sept 2006-18 Oct 2006 A2006-40 amendments by A2006-40 R2319 Oct 2006 19 Oct 2006-23 Nov 2006 A2006-40 amendments by A2006-40 R2424 Nov 2006 24 Nov 2006-1 July 2007 A2006-40 commenced expiry R252 July 2007 2 July 2007-9 Nov 2007 A2007-8 commenced expiry R2610 Nov 2007 10 Nov 2007-6 May 2007 A2007-8 amendments by A2007-8 R277 May 2008 7 May 2008-28 July 2008 A2008-7 amendments by A2008-7 R2829 July 2008 29 July 2008-25 Aug 2008 A2008-22 amendments by A2008-22 R2926 Aug 2008 26 Aug 208-1 Feb 2009 A2008-28 amendments by A2008-28 R30*2 Feb 2009 2 Feb 2009-5 Mar 2009 A2008-37 amendments by A2008-36 and A2008-37 R316 Mar 2009 6 Mar 2009-6 Mar 2009 A2009-7 amendments by A2009-7 R327 Mar 2009 7 Mar 2009-28 Sept 2009 A2009-7 commenced expiry (c) Australian Capital Territory 2009 RESIDENTIAL TENANCIES ACT 1997 - NOTES Australian Capital Territory A1997-84 Republication No 33 Effective: 29 September 2009 Republication date: 29 September 2009 Last amendment made by A2009-19Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Residential Tenancies Act 1997 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 29 September 2009 . It also includes any amendment, repeal or expiry affecting the republished law to 29 September 2009 . The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95. Penalties The value of a penalty unit for an offence against this republished law at the republication date is-- (a) if the person charged is an individual--$100; or (b) if the person charged is a corporation--$500. Australian Capital Territory Residential Tenancies Act 1997 Endnotes Australian Capital Territory Residential Tenancies Act 1997