RESIDENTIAL TENANCIES ACT 1997

Australian Capital Territory Consolidated Acts

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RESIDENTIAL TENANCIES ACT 1997

TABLE OF PROVISIONS

Long Title

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

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