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RESIDENTIAL TENANCIES AMENDMENT BILL 2001

                      New South Wales




Residential Tenancies Amendment
Bill 2001


Contents
                                                                Page

         1 Name of Act                                            2
         2 Commencement                                           2
         3 Amendment of Residential Tenancies Act 1987 No 26      2
  Schedule 1 Amendments                                           3
 
 
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.

                                              Clerk of the Legislative Assembly.
                                              Legislative Assembly,
                                              Sydney,                       , 2001




                               New South Wales


Residential Tenancies Amendment
Bill 2001
Act No     , 2001



An Act to amend the Residential Tenancies Act 1987 in relation to the giving of
notice for rent increases; and for related purposes.




I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.


                            Chairman of Committees of the Legislative Assembly.
 
 
Clause 1         Residential Tenancies Amendment Bill 2001




The Legislature of New South Wales enacts:

   1     Name of Act
             This Act is the Residential Tenancies Amendment Act 2001.

   2     Commencement
             This Act commences on the date of assent.

   3     Amendment of Residential Tenancies Act 1987 No 26
             The Residential Tenancies Act 1987 is amended as set out in
             Schedule 1.




Page 2
 
 
Residential Tenancies Amendment Bill 2001

Amendments                                                            Schedule 1




Schedule 1          Amendments
                                                                          (Section 3)


 [1]   Section 132 Exemptions

       Insert after section 132 (2):
               (3) Notice under section 45 (1) is not required to be given to a
                   tenant of premises of which the New South Wales Land and
                   Housing Corporation is the landlord if the tenant receives a rent
                   rebate from the Corporation in relation to those premises.

 [2]   Schedule 4, heading

       Omit "consequent on enactment of amending legislation".

 [3]   Schedule 4, Part 5

       Insert after Part 4:


       Part 5 Provisions relating to certain rent increases
           7   Certain rent increases validly made
               (1) Any increase in rent made before 1 January 1999 in respect of
                   property of which the New South Wales Land and Housing
                   Corporation was landlord when the increase was made is not
                   invalid, and is taken never to have been invalid, merely because
                   notice was not given in accordance with section 45 (1) in
                   relation to the increase.
               (2) Nothing in subclause (1) affects the judgment of the Supreme
                   Court in New South Wales Land and Housing Corporation v
                   Stannard & Anor [2000] NSWSC 681 as between the parties
                   to those proceedings.




                                                                             Page 3
 
 
               Residential Tenancies Amendment Bill 2001

Schedule 1     Amendments




             (3) For avoidance of doubt, a reference in subclause (1) to the New
                 South Wales Land and Housing Corporation includes, in any
                 case where the Corporation exercised its functions or otherwise
                 acted in the name of the Department of Housing, a reference to
                 that Department.




Page 4

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