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
- 4A Objects of Act
PART 1A--MEANING OF RESIDENTIAL TENANCY AGREEMENT
- 5 Who is a lessor?
- 6 Who is a tenant?
- 6AA Who is a co-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
- 7 When does residential tenancy agreement start?
PART 2--RESIDENTIAL TENANCY AGREEMENTS
Division 2.1--Terms of agreement
- 8 Terms included in residential tenancy agreements
- 9 Inconsistent tenancy terms void
- 10 Endorsement of inconsistent tenancy terms by ACAT
Division 2.2--Precontractual obligations
- 10A Meaning of publish—div 2.2
- 11 Compliance
- 11A Energy efficiency rating—advertising
- 11AA Certain special conditions must be advertised
- 11AAA Adaptable housing—advertising
- 11AB Minimum housing standards—advertising and disclosure
- 11AC Lessor or agent must advertise rental rate for premises
- 11AD Lessor or agent must not solicit rent bidding
- 11B Smoke alarms
- 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
Division 2.5--Minimum housing standards
- 19A Minimum housing standards
- 19B Lessor's obligations about minimum housing standards
- 19C Lessor must keep records about minimum housing standards
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 about 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 report—start of tenancy
- 30 Evidence of condition of premises
- 30A Final inspection and condition report—end of tenancy
- 31 Deductions from bond
Division 3.4--Release of bond money
- 32 Definitions—div 3.4
- 33 Bond release application—general
- 34 Bond release application—lessor's obligations
- 34A Bond release application—joint application
- 34B Bond release application—application by tenant
- 34C Bond release application—application by lessor
- 34D Bond release application before end of agreement
- 34E Bond release application—ACAT order
- 34F Bond release application—discrepancy in named tenant
- 35 Disputes about all or part of bond
PART 3A--CO-TENANCIES
- 35A Co-tenant may leave residential tenancy agreement
- 35B Repayment of bond to leaving co-tenant
- 35C Becoming a co-tenant under existing residential tenancy
- 35D Co-tenancy on application to ACAT
- 35E Becoming a co-tenant under existing residential tenancy agreement—social housing
- 35F Payment of bond by new co-tenant
- 35G ACAT orders—co-tenancy matters
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 Warrant—termination and possession order
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
- 45A Threats, harassment, intimidation or abuse by lessor etc
- 46 False or misleading statements
- 46AA Termination of agreement for failure to comply with minimum housing
- 46A Termination of agreement for aged care or social housing needs
- 46B Termination of fixed term agreements if premises for sale
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—termination and possession order
- 49A Failure to pay rent—payment order
- 49B Failure to comply with payment order
- 49C Hearing of application—failure to comply with payment order
- 50 Significant hardship
- 51 Damage, injury or intention to damage or injure
- 51A Threats, harassment, intimidation or abuse by tenant
- 52 False or misleading statements
- 53 Employer-provided accommodation
- 54 Purported co-tenancy, assignment or subletting
- 55 Repudiation without vacation
- 55A Affected residential premises
- 55B Eligible impacted property
- 56 Compensation to lessor
- 57 Retaliatory applications
Division 4.5--Defective termination notices
Division 4.6--Abandonment of premises
- 61 Effect of abandonment
- 61A Lessor may enter premises to confirm abandonment
- 62 Abandonment during fixed term
- 63 Abandonment during periodic agreement
Division 4.7--Miscellaneous
- 64 Successor in title to lessor
- 64AA Termination—affected residential premises
- 64AB Termination—eligible impacted property
- 64AC No new residential tenancy agreements etc for affected residential
- 64AD Disallowing retaliatory notices to vacate
PART 5--RENTAL RATE INCREASES
- 64A Standard residential tenancy term—increase in rent
- 64B Limitation on rent increases
- 64C Tenant may apply for review
- 65 Waiver of notice requirements
- 66 Freezing rents
- 68 Guideline for orders
- 68A Orders
- 69 Effect of orders
- 70 Further increases
- 71 Reduction of existing rent
- 71AAA Rent reduction for lessor's failure to comply with a minimum housing
PART 5AA--LESSOR'S CONSENT IN CERTAIN MATTERS
- 71AA Definitions—pt 5AA
- 71AB Process for tenant seeking consent—modifications generally
- 71AC Lessor to apply to ACAT for refusal—special modifications
- 71AD Tenant may apply to ACAT for review of refusal—other
- 71AE Process for tenant seeking consent—animals
- 71AF Lessor to apply to ACAT for refusal—animals
- 71AG Limitation on lessor's liability
PART 5A--OCCUPANCY AGREEMENTS
- 71A Who is a grantor?
- 71B Who is an occupant?
- 71C What is an occupancy agreement?
- 71CA Certain types of agreements not occupancy agreements
- 71CB Occupancy agreement—smoke alarms
- 71D When does an occupancy start and end?
- 71E Application of occupancy principles
- 71EA Occupancy principles
- 71EB Condition report
- 71EC Payment of security deposit
- 71ED Security deposit must be lodged with Territory
- 71EE Deductions from security deposit
- 71EF Receipts for certain payments
- 71EG Occupancy rules, fees, charges and penalties
- 71EH Occupant's access to occupancy premises
- 71EI Information about dispute resolution processes
- 71EJ Entry by grantor to occupancy premises
- 71EK Termination of occupancy agreement
- 71EL Warrant for eviction—vacant possession order
- 71EM Occupancy agreement—abandonment of premises
- 71F Regulations about occupancy agreements
PART 5B--RESIDENTIAL PARKS
Division 5B--.1 Definitions—pt 5B
Division 5B--.2 Shared park facilities
- 71I Access to shared park facilities
Division 5B--.3 Assignment of interests
- 71J Definitions—div 5B.3
- 71K Assignment in residential park permitted with consent
- 71L Consent to assignment
- 71M Effect of assignment
Division 5B--.4 Sale of manufactured homes and mobile homes
- 71N Sale of home located on residential park site
- 71O Home to be removed from park if no site agreement once sold
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 Other options for dispute resolution
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
Division 6.5A--Powers and decisions of ACAT—protection orders
- 85 Definitions—div 6.5A
- 85A New tenancy agreement—family violence and protection
- 85B Applications under s 85A—ACAT orders
Division 6.6--Enforcement of ACAT orders
- 86 Failure to comply with ACAT orders
PART 7--RESIDENTIAL TENANCY DATABASES
- 87 Definitions—pt 7
- 88 Application—pt 7
- 89 Notice of usual use of database
- 90 Notice of listing if database used
- 91 Listing can be made only for certain breaches by certain people
- 92 Further restriction on listing
- 93 Ensuring quality of listing—lessor's or agent's
- 94 Ensuring quality of listing—database operator's
- 95 Providing copy of personal information listed
- 96 Notifying relevant non-parties of tribunal order about listing
- 97 Keeping personal information listed
- 98 Application to ACAT about contravention
- 99 Application to ACAT about certain personal information listed in residential tenancy
- 100 Application to ACAT about proposed listing of personal information
- 101 Order for compensation
PART 8--REGISTRATION OF STANDARD GUARANTEE CONTRACT FOR COMMERCIAL GUARANTEE
- 102 Meaning of commercial guarantee and standard guarantee
- 103 Application for registration of standard guarantee contract
- 104 Commissioner must decide application
- 105 Register of standard guarantee contracts
- 106 Relationship to Australian Consumer Law (ACT)
PART 9--MISCELLANEOUS
- 126 Declared crisis accommodation provider
- 127 Death of co-tenant
- 127A Transfer of public housing under will
- 128 Purported co-tenancy, assignment or subletting
- 131 Proceedings by children
- 132 Enforcing agreements by or against children
- 133 Approved forms—Minister
- 134 Determination of fees
- 136 Regulation-making power
PART 19--TRANSITIONAL--RESIDENTIAL TENANCIES LEGISLATION AMENDMENT ACT 2023
- 163 Notice to vacate served before commencement day continues in force
- 163A Fixed term agreement entered into before commencement day
- 164 Expiry—pt 19