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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Residential Tenancies Bill 2010
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The objects of this Bill are as follows:
(a) to provide for the rights and obligations of landlords and tenants and for rental
bonds and related matters,
(b) to repeal and re-enact, with modifications, the provisions of the Residential
Tenancies Act 1987 and the Landlord and Tenant (Rental Bonds) Act 1977,
(c) to make consequential amendments to other Acts.
Outline of provisions
Part 1 Preliminary
Division 1 General
Division 1 of Part 1 (sections 15) of the proposed Act provides for the following
matters:
(a) the name of the proposed Act,
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Residential Tenancies Bill 2010
Explanatory note
(b) the commencement of the proposed Act on a day or days to be appointed by
proclamation,
(c) the meaning of words and expressions used in the proposed Act,
(d) that the proposed Act is to bind the Crown,
(e) the repeal of the Residential Tenancies Act 1987 (the 1987 Act) and the
Landlord and Tenant (Rental Bonds) Act 1977 (the 1977 Act).
Division 2 Application of Act
Division 2 of Part 1 (sections 612) of the proposed Act re-enacts sections 57 of the
1987 Act with the following additions and modifications:
(a) the proposed Act will not apply to premises used as a backpackers' hostel or
to serviced apartments,
(b) the exemption from the proposed Act for clubs is limited to parts of clubs used
for temporary accommodation,
(c) the proposed Act will not apply to the following additional kinds of
agreements:
(i) agreements under which a person resides in refuge or crisis
accommodation of a kind prescribed by the regulations,
(ii) leases and licences under the Crown Lands Act 1989, the Western Lands
Act 1901 and the Crown Lands (Continued Tenures) Act 1989,
(iii) an agreement having a term (including any option to extend) of 99 years
or more,
(d) the existing exemption from the proposed Act for holiday accommodation will
now apply to leases for periods of up to 3 months rather than 2 months,
(e) the proposed Act will apply to agreements or arrangements under which
persons occupy premises as a residence in return for, or as part of remuneration
for, carrying out work in connection with the premises or for employment,
(f) it is made clear that a person in a shared household who is not named as a
tenant in a residential tenancy agreement will not be considered to be a tenant
unless the tenant transfers a tenancy to the person or the person is a sub-tenant
under a written residential tenancy agreement with the tenant,
(g) the Director-General of the Department of Services, Technology and
Administration (the Director-General) or any other person may apply to the
Consumer, Trader and Tenancy Tribunal (the Tribunal) for an order declaring
that a specified agreement or premises is or are, or is or are not, a residential
tenancy agreement or premises to which the proposed Act applies.
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Part 2 Residential tenancy agreements
Part 2 (sections 1322) of the proposed Act re-enacts Part 2 of the 1987 Act with the
following additions and modifications:
(a) all the provisions affecting the definition of a residential tenancy agreement
are now included in one section,
(b) if a residential tenancy agreement is of a kind for which a standard form is
prescribed, it will be taken to include the terms of the standard form,
(c) a landlord will be required to ensure that the residential tenancy agreement is
in writing. A failure to do so will result in the landlord being prohibited from
increasing rent during the first 6 months of a tenancy and losing the right to
terminate the agreement without any grounds during that period,
(d) a tenant will be able to apply to the Tribunal for an order that the landlord
prepare and enter into a written residential tenancy agreement,
(e) the proposed Act prohibits specified kinds of terms from being included in
residential tenancy agreements (such as terms requiring that the tenant take out
insurance and premium and penalty rent terms) and enables regulations to be
made prohibiting other specified terms,
(f) terms that are mandatory under the proposed Act may not be included or may
be varied, and prohibited terms may be included, in residential tenancy
agreements with fixed terms of 20 years or more, subject to the right of a tenant
to seek an order by the Tribunal that mandatory terms are included or
prohibited terms are not included (with or without variation),
(g) a landlord or tenant will be able to apply to the Tribunal for confirmation as to
whether an additional term in a residential tenancy agreement is void or partly
void for inconsistency with the proposed Act or a standard agreement,
(h) a landlord will be required to ensure that the residential tenancy agreement
contains any terms required to be included by the proposed Act and does not
contain any prohibited terms and will be guilty of an offence if the landlord
fails to do so,
(i) special provisions relating to social housing tenancies have been re-located to
Part 7,
(j) provisions relating to applications to the Tribunal have been re-located to
Part 9.
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Part 3 Rights and obligations of landlords and tenants
Division 1 Pre-agreement matters
Division 1 of Part 3 (sections 2331) of the proposed Act contains the following
additional provisions relating to matters occurring before or at the time a residential
tenancy agreement is entered into:
(a) the amounts that may be charged before or when entering into a residential
tenancy agreement now include a holding fee. The provision in the 1987 Act
which permitted other fees to be prescribed has been omitted as has the
prohibition on reservation fees,
(b) a tenant may no longer be required to pay any costs of the preparation of a
written residential tenancy agreement,
(c) a holding fee will only be payable after a landlord has approved the tenant's
application for tenancy of the residential premises. A landlord who accepts a
holding fee will be prohibited from letting the residential premises to another
person for 7 days unless the tenant notifies the landlord that the tenant no
longer wishes to enter into the agreement. The holding fee must be paid
towards rent if the agreement is entered into,
(d) it will be an offence for a landlord or landlord's agent to induce a tenant to
enter into a residential tenancy agreement by a statement, representation or
promise that the landlord or agent knows is false or misleading or by
knowingly concealing a material fact,
(e) a landlord or landlord's agent will be required to disclose any proposed sale or
mortgagee action affecting the residential premises and to give the tenant an
information statement in the form approved by the Director-General before the
tenant enters into the residential tenancy agreement,
(f) the requirements for condition reports, formerly contained in the regulations
under the 1987 Act, have been included in the proposed Act together with a
provision that makes a condition report signed by both parties evidence of the
state of repair or condition of premises at the date of the report,
(g) applications may be made to the Tribunal about disputes relating to holding
fees and condition reports.
Division 2 Rent and other payments
Division 2 of Part 3 (sections 3248) of the proposed Act re-enacts section 19 and
Part 4 of the 1987 Act with the following additions and modifications:
(a) the provision for up to 1 month's rent to be payable in advance if the rent is
more than an amount prescribed by the regulations has been omitted,
(b) a tenant must be permitted to pay rent by at least one means for which the
tenant does not incur a cost (other than bank fees or other account fees usually
payable by the tenant) and that is reasonably available to the tenant,
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(c) a landlord is required to accept rent offered by a tenant after the landlord has
given a termination notice on the ground of failure to pay rent if the tenant has
not vacated the residential premises,
(d) a rent receipt for rent paid by cheque must be made available for collection by
the tenant or posted to the residential premises,
(e) the form of a rent record is to be prescribed by the regulations under the
proposed Act,
(f) a landlord or landlord's agent will be required to provide a written statement
setting out particulars of the rent record within 7 days of a written request
being made by the tenant,
(g) additional utility charges will be payable by the tenant, including charges for
pumping out a septic system used for the residential premises and excess
garbage,
(h) the tenant will be liable to pay water usage charges for residential premises if
the premises are separately metered or water is delivered to premises not
connected to a water supply service by vehicle and the premises contain water
efficiency measures prescribed by the regulations under the proposed Act. The
landlord must give the tenant 21 days to pay water usage charges and must also
give the tenant evidence of the cost of the water used by the tenant. The tenant
will not be required to pay water usage charges if the landlord fails to request
payment within 3 months of the issue of the relevant bill and the tenant is not
liable for late payment fees,
(i) the utility charges and rates and taxes payable by a landlord are expressly
stated to include specified charges, including charges (other than water usage
charges) in connection with a water supply service to separately metered
residential premises,
(j) the rent under a residential tenancy agreement with a fixed term of less than
2 years may only be increased during the fixed term in accordance with the
agreement. The rent under residential tenancy agreements with fixed terms of
more than 2 years may be increased during the fixed term even if the
agreement does not set out the amount of or method for determining the
increase, but such an increase must not be made more than once in any period
of 12 months,
(k) a landlord will be required to repay excess rent to a tenant or former tenant
within 14 days of a written request to do so by the tenant or former tenant. An
application must be made to the Tribunal within the period prescribed by the
regulations,
(l) a tenant will be required to repay to the landlord the cost of replacing rent
deposit books or rent cards lost by the tenant and of any bank fees charged
because of funds of the tenant not being available for rent payment,
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(m) the Tribunal is prohibited from taking into account the income of a tenant or
the tenant's ability to afford a rent increase or rent when determining an
application to determine whether a rent increase or rent is excessive,
(n) provisions relating to premium rent terms and penalty rent have been replaced
by section 19 which prohibits such terms,
(o) the offence of wilfully contravening or failing to comply with a rent order is
now covered by the offence under section 52 of the Consumer, Trader and
Tenancy Tribunal Act 2001 of failing to comply with an order of the Tribunal.
Division 3 Occupation and use of residential premises
Division 3 of Part 3 (sections 4954) of the proposed Act re-enacts sections 2023,
25, 26 and 30 of the 1987 Act with the following additions and modifications:
(a) the following additional obligations are imposed on a landlord:
(i) to take all reasonable steps to ensure that the landlord's other
neighbouring tenants do not interfere with the reasonable peace,
comfort or privacy of the tenant in using the residential premises (this
obligation also applies to the landlord's agent),
(ii) not to interfere with the supply of gas, electricity, water,
telecommunications services or other services to the residential
premises unless it is necessary to avoid danger to a person or to enable
maintenance or repairs,
(iii) to comply with the landlord's statutory obligations relating to the health
or safety of the residential premises,
(b) additional obligations have been imposed on a tenant, on giving vacant
possession of residential premises, to remove his or her goods, leave the
premises in a reasonable state of cleanliness, remove or arrange for the
removal of rubbish and to return all keys and security or pass cards or other
similar devices for the premises,
(c) a landlord will be required to give the tenant written notice of any intention to
sell the residential premises at least 14 days before the residential premises are
first made available for inspection by prospective purchasers and to make all
reasonable efforts to agree with the tenant as to the days and times for
inspection of the premises by prospective purchasers. The tenant must not
unreasonably refuse to agree to days and times for such inspections. There will
be a limit of 2 inspections per week.
Division 4 Landlord's rights to enter residential premises
Division 4 of Part 3 (sections 5561) of the proposed Act re-enacts section 24 of the
1987 Act with the following additions and modifications:
(a) the grounds on which a landlord may enter the residential premises without the
consent of the tenant are to be extended to permit entry if the landlord has
reasonable cause for serious concern about the health or safety of the tenant or
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any other person on the residential premises or to value the property or to show
the premises to prospective purchasers (but only with not less than 48 hours
notice),
(b) the tenant has an express duty to give persons access to the residential
premises if they are authorised to have access under the Division,
(c) the Division contains the powers of the Tribunal to order access to be given to
the residential premises, to limit access and to order compensation for damage
caused by any person who is given access,
(d) the landlord may apply to the Tribunal for an order authorising the landlord or
other person to enter residential premises for the purpose of showing the
premises to prospective purchasers on a periodic basis or to determine whether
the tenant has breached a term of the residential tenancy agreement.
Division 5 Repairs to premises
Division 5 of Part 3 (sections 6265) of the proposed Act re-enacts sections 25 (1) (b)
and 28 of the 1987 Act with the following additions and modifications:
(a) it is made clear that the landlord's obligation to provide and maintain the
residential premises in a reasonable state of repair applies even if the tenant
had notice of the state of disrepair before entering into occupation but does not
apply to any disrepair caused by a breach by the tenant,
(b) work needed to repair a broken or malfunctioning appliance, fitting or fixture
that uses water or supplies water and is causing substantial amounts of water
to be wasted, and work to repair a breakdown in a cooling system, have been
included in the list of urgent repairs for which the landlord is responsible for
or is required to reimburse the tenant,
(c) the tenant may apply to the Tribunal for an order that the landlord carry out
specified repairs or reimburse the tenant for the cost of urgent repairs. An order
for carrying out specified repairs may only be granted if the landlord has
breached the obligation to maintain premises in a reasonable state of repair and
the landlord had notice of the need for repair, or ought reasonably to have
known of the need for the repair, and failed to act with reasonable diligence to
have the repair carried out,
(d) if any such order is made, the Tribunal may also order that all or part of the
rent be paid into the Tribunal until the repair or reimbursement order has been
complied with.
Division 6 Alterations and additions to residential premises
Division 6 of Part 3 (sections 6669) of the proposed Act re-enacts section 27 of the
1987 Act with the following additions and modifications:
(a) a landlord must not unreasonably withhold consent to an alteration, addition
or renovation to the residential premises by the tenant if it is of a minor nature.
Circumstances in which the Tribunal may decide that refusal of consent is
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reasonable (such as structural changes or if the work involves external or
internal painting) are included,
(b) any fixture installed by or on behalf of a tenant or any alteration, addition or
renovation to the residential premises by or on behalf of the tenant is to be at
the tenant's expense unless the landlord otherwise agrees,
(c) a tenant will be entitled, at the tenant's expense, to remove any fixture installed
by the tenant without the requirement for the landlord's consent, other than a
fixture installed at the landlord's expense or for which the landlord provided
an equivalent benefit,
(d) the tenant may apply to the Tribunal for an order that the landlord give consent
to the installation of a fixture or to a renovation, alteration or addition or an
order that the tenant does not need the landlord's consent to the removal of a
fixture,
(e) the landlord may apply to the Tribunal for an order prohibiting the tenant from
removing a fixture or that the tenant compensate the landlord for the cost of
rectifying work done by or on behalf of the tenant on the residential premises.
Division 7 Security and safety of residential premises
Division 7 of Part 3 (sections 7073) of the proposed Act re-enacts section 29 of the
1987 Act with the following additions and modifications:
(a) the initial copies of locks or other security devices must be provided by the
landlord free of charge,
(b) a landlord or tenant who alters, removes or adds or causes or permits the
alteration, removal or addition of a lock or other security device without the
other party's consent, has a reasonable excuse for doing so if a tenant or
occupant becomes subject to an apprehended violence order prohibiting access
to the residential premises. Copies of changed keys or opening devices must
be given to the other party within 7 days of the change,
(c) section 29A of the 1987 Act has been omitted because it is covered by the
general requirement for landlords to comply with statutory obligations relating
to the health or safety of residential premises.
Part 4 Changes of tenant and landlord
Part 4 (sections 7479) of the proposed Act re-enacts Division 2 of Part 3 of the 1987
Act with the following additions and modifications:
(a) the landlord is required not to unreasonably withhold consent to a partial
transfer or sub-letting of a tenancy by a tenant. The landlord may withhold
consent if there will be more occupants than are permitted under the residential
tenancy agreement or other laws, if any proposed tenant or sub-tenant is listed
in a residential tenancy database or if the landlord is reasonably of the opinion
that overcrowding would result,
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(b) the tenant may apply to the Tribunal for an order that the landlord consent to
the partial transfer of a tenancy or the partial sub-letting of a tenancy by the
tenant,
(c) if a tenant dies, any remaining tenants may continue the tenancy or give the
landlord 21 days notice of termination of the tenancy,
(d) if a co-tenant or tenant is prohibited from having access to residential premises
under a final apprehended violence order, that co-tenant's or tenant's tenancy
is automatically terminated without affecting the tenancy of any other
co-tenant,
(e) the Tribunal may recognise another occupant as a tenant after an apprehended
violence order is made against a tenant or co-tenant or former tenant or
co-tenant.
Part 5 Termination of residential tenancy agreements
Division 1 Termination of residential tenancy agreements
generally
Division 1 of Part 5 (sections 8083) of the proposed Act re-enacts sections 53 and
63 of the 1987 Act with the following additions and modifications:
(a) new definitions of termination date (the day by which vacant possession of
residential premises is to be given), termination notice and termination order
are included,
(b) a termination order by the Tribunal must also include an order for possession
of the residential premises specifying the day on which the order takes or took
effect.
Division 2 Termination by landlord
Division 2 of Part 5 (sections 8495) of the proposed Act re-enacts sections 56, 57,
58, 64, 68 and 69 of the 1987 Act with the following additions and modifications:
(a) a landlord may give notice of termination of a residential tenancy agreement
for a fixed term (a fixed term agreement), but only if the termination date is
after the end of the fixed term and at least 30 days notice is given. In the case
of any other residential tenancy agreement (a periodic agreement), 90 days
notice must be given,
(b) the existing discretion of the Tribunal not to terminate a residential tenancy
agreement where a termination notice is not given on specific grounds has
been removed,
(c) the power of the Tribunal to make a termination order after a notice of
termination is given under the proposed Division is contained in each
provision under which the notice is given, rather than in a single provision,
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Explanatory note
(d) the Tribunal may refuse to make a termination order on the ground of a breach
by the tenant if the Tribunal is satisfied that the tenant has remedied the breach,
(e) the Tribunal may consider additional specified factors (such as previous
breaches and the previous history of the tenancy) when determining whether
to terminate a residential tenancy agreement on the ground of a breach by the
tenant,
(f) a landlord may apply to the Tribunal for a termination order before the
termination date if a termination notice is given on the ground of non-payment
of rent but the Tribunal may not consider the application before the
termination date,
(g) the Tribunal is prohibited from issuing a termination order on the ground of
failure to pay rent if the tenant has paid all the rent owing or has entered into,
and is complying with, a repayment plan agreed with the landlord, except
where it is satisfied that the tenant has frequently failed to pay rent on or before
the due date. A tenant may not be evicted from residential premises on the
ground of non-payment of rent if the tenant has paid all the rent owing or has
entered into, and is complying with, a repayment plan agreed with the
landlord,
(h) the grounds on which a landlord may apply to the Tribunal for a termination
order relating to serious damage or injury caused by a tenant have been
extended to apply to serious damage or injury caused by other occupants and
to circumstances where serious damage or injury is caused to neighbouring
property or injury is caused to employees or contractors of the landlord or
landlord's agent,
(i) a landlord may apply to the Tribunal for a termination order (without
previously giving a termination notice) on the ground that the tenant or an
occupant has intentionally or recklessly caused or permitted the use of the
residential premises for illegal drug purposes or for another unlawful purpose
and that the other unlawful use is sufficient to justify the termination,
(j) a landlord may apply to the Tribunal for a termination order (without
previously giving a termination notice) on the ground that the tenant has
seriously or persistently threatened or abused the landlord, landlord's agent or
an employee or contractor of the landlord or landlord's agent, or intentionally
engaged in conduct to intimidate or harass any such person, or caused or
permitted any such conduct. This right currently only applies to landlords
under public housing tenancy agreements,
(k) a landlord may apply to the Tribunal for a termination order (without
previously giving a termination notice) for a tenancy of more than 20 years and
the Tribunal may make the order if it is appropriate to do so in the
circumstances of the case and any fixed term of the current residential tenancy
agreement has ended. A landlord cannot give a termination notice for such a
tenancy without having specific grounds for termination,
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(l) a landlord may give an occupant remaining on the residential premises after
the tenant has left 14 days notice to give vacant possession of the premises,
whether or not the residential tenancy agreement has been terminated. The
landlord may apply to the Tribunal for an order for possession of the premises
against the occupant if such a notice is given and is not complied with.
Division 3 Termination by tenant
Division 3 of Part 5 (sections 96105) of the proposed Act re-enacts sections 57, 59,
60, 64, 69A and 70 of the 1987 Act with the following additions and modifications:
(a) the power of the Tribunal to make a termination order after a notice of
termination is given under the proposed Division is contained in each
provision under which the notice is given, rather than in a single provision,
(b) a tenant may give a notice of termination of a fixed term agreement, and no
compensation or other additional amount is payable, on the ground that the
tenant has accepted accommodation in social housing or a place in an aged
care facility, or requires care in such a facility, that the landlord has notified a
proposed sale of the residential premises or that another co-tenant or occupant
has become subject to a final apprehended violence order. Such a notice may
be given, and take effect, before the end of the fixed term,
(c) a co-tenant may give a termination notice, with a minimum 21 days notice, to
the landlord and each other co-tenant if the fixed term agreement has ended or
if the residential tenancy agreement is a periodic agreement,
(d) a co-tenant may apply to the Tribunal for a termination order terminating the
co-tenant's tenancy or the tenancy of another co-tenant under a residential
tenancy agreement or terminating the agreement, the term of which has not
ended, if the Tribunal is of the opinion that termination is appropriate in the
special circumstances of the case,
(e) the Tribunal may refuse to make a termination order on the ground of a breach
by the landlord if the landlord has remedied the breach,
(f) the Tribunal may consider additional specified factors (such as the previous
breaches and the previous history of the tenancy) when determining whether
to terminate a residential tenancy agreement on the ground of a breach by the
landlord,
(g) the right of a tenant to apply to the Tribunal for termination on the ground of
hardship will only apply to fixed term agreements where the term has not
ended. Compensation for loss of tenancy will be limited to a specified break
fee.
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Division 4 Abandonment of residential premises
Division 4 of Part 5 (sections 106 and 107) re-enact sections 77 and 78 of the 1987
Act, with the following additions and modifications:
(a) the provisions list matters to be taken into account by the Tribunal in
considering whether residential premises have been abandoned, including
failure to pay rent, evidence that the tenant no longer resides at the residential
premises and the tenant's failure to carry out obligations under the residential
tenancy agreement,
(b) if a tenant abandons the residential premises, the landlord may apply to the
Tribunal for an order for compensation. Such compensation may be limited to
a specified break fee if a residential tenancy agreement for a fixed term so
provides.
Division 5 Termination by events
Division 5 of Part 5 (sections 108 and 109) of the proposed Act re-enacts section 61
of the 1987 Act. It also contains an additional provision that enables the legal
personal representative of a deceased sole tenant under a residential tenancy
agreement to give a termination notice. The estate of the deceased tenant is not liable
to pay rent for any period after which vacant possession of the residential premises
is given and the termination notice may be given before the end of a fixed term
agreement.
Division 6 Miscellaneous
Division 6 of Part 5 (sections 110118) of the proposed Act re-enacts sections 54, 55
and 65 of the 1987 Act with the following additions and modifications:
(a) a tenant who has been given a termination notice by the landlord, or who gives
a termination notice, may vacate the residential premises before the
termination date. A tenant given a termination notice by a landlord is not liable
to pay rent for any period after the tenant vacates the residential premises,
(b) the Tribunal may make a termination order despite a defect in the termination
notice or service of the notice but must be satisfied that the person concerned
has not suffered any disadvantage because of the defect or that the order
overcomes the disadvantage,
(c) it is made clear that a landlord or tenant may give more than one termination
notice concurrently on different grounds.
Part 6 Recovery of possession of premises
Division 1 Recovery of possession
Division 1 of Part 6 (sections 119125) of the proposed Act re-enacts Division 4 of
Part 5 of the 1987 Act. The provision relating to the minimum period within which a
tenant may be required to vacate residential premises subject to a mortgagee
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repossession has been omitted, as that requirement will now be contained in the
Sheriff Act 2005 (see Schedule 3.16). The requirement for a tenant who remains in
occupation after failing to comply with an order of the Tribunal to pay compensation
has been removed.
Division 2 Goods left on residential premises
Division 2 of Part 6 (sections 126135) of the proposed Act contains a new scheme
for dealing with goods left by a tenant or an occupant after giving vacant possession
of the residential premises or abandoning the premises. The Division provides for the
following:
(a) the landlord may remove, or otherwise dispose of, perishable goods (including
rubbish) at any time,
(b) notice of disposal must be given to the former tenant or, if the landlord is
unable to give the notice to the former tenant in any other permitted manner,
by posting a notice in a prominent position on the residential premises,
(c) the landlord may remove and store the goods pending disposal or collection,
(d) the landlord may dispose of the goods (other than personal documents) by
selling them or by other lawful means, if they are not collected or
arrangements to collect them are not made within 14 days of the landlord
giving a notice of disposal,
(e) the landlord may dispose of personal documents (such as passports and other
documents containing personal information) by returning them to the issuing
authority or, if that is not reasonably practicable, in any other lawful manner
the landlord thinks fit, if they are not collected or arrangements to collect them
are not made within 90 days of the landlord giving a disposal notice,
(f) the landlord must deliver up goods claimed by a person who is entitled to them
before they are disposed of and may not charge any more than an occupation
fee, not exceeding 14 days rent, for each day the goods are left on the premises
or stored,
(g) if the tenant abandons the residential premises or dies, the landlord may apply
to the Tribunal for orders as to the disposal of goods (other than perishable
goods) and must act in accordance with such orders,
(h) the landlord may also seek an order for the payment of an occupation fee, not
exceeding 14 days rent, for each day the goods are left on the premises or
stored,
(i) a tenant or a person with an interest in the goods may apply to the Tribunal for
an order for compensation for an unlawful disposal of the goods by the
landlord or an order for delivery of the goods into the possession of the tenant
or person or for other orders relating to the goods,
(j) a person who purchases goods sold by a landlord in accordance with the
Division will obtain a good title to the goods,
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(k) a person will not be personally liable for any removal, disposal or sale of goods
in accordance with the Division.
Part 7 Social housing tenancy agreements
Division 1 Preliminary
Division 1 of Part 7 (sections 136 and 137) of the proposed Act re-enacts definitions
of terms relating to social housing tenancies contained in the 1987 Act and provides
that the Part prevails to the extent of any inconsistency with the other provisions of
the proposed Act and any regulations made under the proposed Act.
Division 2 Acceptable behaviour agreements
Division 2 of Part 7 (section 138) of the proposed Act re-enacts section 35A of the
1987 Act.
Division 3 Water usage charges, rent and other payments
Division 3 of Part 7 (sections 139141) of the proposed Act re-enacts sections 19A,
19B and 47A of the 1987 Act. The provisions relating to water usage charges will not
apply to social housing tenancy agreements if the agreements specify that section 39
of the proposed Act is to apply.
Division 4 Fixed term agreements
Division 4 of Part 7 (section 142) of the proposed Act re-enacts section 14A of the
1987 Act. It also provides that a further fixed term agreement created by the
provision may be terminated by the tenant as if it were a periodic agreement.
Division 5 Termination of social housing tenancy
agreements--additional grounds
Division 5 of Part 7 (sections 143155) of the proposed Act re-enacts Division 2A of
Part 5 of the 1987 Act.
Division 6 Exemption
Division 6 of Part 7 (section 156) of the proposed Act re-enacts, with minor changes,
an exemption currently contained in regulations under the 1987 Act.
Part 8 Rental bonds
Division 1 Preliminary
Division 1 of Part 8 (sections 157 and 158) of the proposed Act re-enacts relevant
definitions of terms relating to rental bonds contained in the 1977 Act. Included in
the provisions is an extension of the definitions of landlord, residential tenancy
agreement and tenant so as to apply the Part to premises and agreements covered by
Explanatory note page 14
Residential Tenancies Bill 2010
Explanatory note
the Residential Parks Act 1998. The Division also makes it clear that a mortgagee
entitled to possession may exercise the functions of a landlord under the proposed
Part in respect of the release of a rental bond.
Division 2 Payment and deposit of rental bonds
Division 2 of Part 8 (sections 159162) of the proposed Act re-enacts sections 8
and 9 of the 1977 Act with the following additions and modifications:
(a) functions formerly conferred on the Rental Bond Board (the Board) are now
conferred on the Director-General,
(b) the maximum amount of rental bond that may be required or received is
4 weeks rent under the residential tenancy agreement as in force when it was
entered into. The current separate maximum amount of 6 weeks rent for
furnished premises has been omitted,
(c) it will be an offence to require or receive more than one rental bond, or
additional amounts of rental bond, for a residential tenancy agreement or to
require or receive a rental bond if a rental bond has already been paid and not
claimed under a residential tenancy agreement and one or more of the original
tenants still occupy the premises under a successor agreement,
(d) the period within which a rental bond is to be deposited with the
Director-General has been changed from 7 days to 10 days, with additional
periods for deposits by landlord's agents,
(e) rental bonds may be paid by instalments if the landlord and tenant agree, with
separate provision being made for the periods within which instalments of
rental bond are payable to the Director-General.
Division 3 Release of rental bonds
Division 3 of Part 8 (sections 163176) of the proposed Act re-enacts sections 11 and
11A of the 1977 Act with the following additions and modifications:
(a) functions formerly conferred on the Board are now conferred on the
Director-General,
(b) a landlord or person on behalf of a landlord who makes a rental bond claim
against a tenant, without the tenant's consent, must provide the tenant with a
copy of a completed condition report for the premises as at the end of the
residential tenancy agreement and copies of any estimates, quotes, invoices or
receipts for relevant work for which the claim is made,
(c) specified matters are listed for which a rental bond claim may be made,
including repairs for damage (other than fair wear and tear), rent or other
unpaid charges under the residential tenancy agreement, reasonable cleaning
costs if the premises are not left reasonably clean and the reasonable cost of
replacing locks or other security devices altered, removed or added without the
landlord's consent,
Explanatory note page 15
Residential Tenancies Bill 2010
Explanatory note
(d) co-tenants under a residential tenancy agreement must pay to a co-tenant who
ceases to be a tenant the amount of any rental bond paid by the former
co-tenant, unless there is a final apprehended violence order in force against
the former co-tenant in relation to any remaining tenant.
Division 4 Rental Bond Board
Division 4 of Part 8 (sections 177179) of the proposed Act re-enacts Part 2 of the
1977 Act, constituting the Board.
Division 5 Functions of Board relating to residential
accommodation
Division 5 of Part 8 (sections 180184) of the proposed Act re-enacts Part 2A of the
1977 Act, conferring functions relating to residential accommodation on the Board.
Division 6 Financial matters
Division 6 of Part 8 (sections 185 and 186) of the proposed Act re-enacts
sections 1821 of the 1977 Act, establishing the Rental Bond Account and the Rental
Bond Interest Account.
Part 9 Powers of Tribunal
Division 1 General powers of Tribunal
Division 1 of Part 9 (sections 187189) of the proposed Act re-enacts sections 16 (2)
and (3), 78 (3) and 85 of the 1987 Act. The Tribunal's power to order compensation
is also extended to compensation for the listing of inaccurate, ambiguous or out-of-
date information on a residential tenancy database. The Division also makes it clear
that a former landlord or former tenant may apply for orders under the proposed Act.
Division 2 Powers of Tribunal relating to breaches of
residential tenancy agreements
Division 2 of Part 9 (sections 190 and 191) of the proposed Act re-enacts
section 16 (1) and (4) of the 1987 Act. It also contains matters to be considered by
the Tribunal when considering applications relating to breaches of security
conditions.
Division 3 Powers of Director-General in proceedings
Division 3 of Part 9 (sections 192195) of the proposed Act re-enacts sections 9598
of the 1987 Act, but confers the functions under those provisions on the
Director-General.
Explanatory note page 16
Residential Tenancies Bill 2010
Explanatory note
Part 10 Enforcement
Division 1 Powers of investigators
Division 1 of Part 10 (sections 196201) contains provisions conferring the
following powers on investigators for the purpose of ascertaining whether the
proposed Act and any regulations are being complied with or obtaining evidence,
documents or information in relation to contraventions of the Act or regulations:
(a) powers of entry and inspection,
(b) power to require persons to produce documents and to take copies of or
extracts from such documents,
(c) power to take photographs and other recordings after entering premises,
(d) power to require a person on premises entered to answer questions or furnish
information,
(e) power to require a person, by giving the person a written notice, to provide
information, produce documents or to appear before an investigator to give
evidence,
(f) power to retain documents as evidence.
The Division also makes it an offence to obstruct an investigator and includes an
updated provision relating to search warrants for searches by investigators of
residential premises. The powers conferred on investigators are in addition to the
powers conferred on them under the Fair Trading Act 1987.
Division 2 Offences
Division 2 of Part 10 (sections 202205) of the proposed Act re-enacts and updates
sections 124, 127 and 128 of the 1987 Act. Section 125 of the 1987 Act has not been
re-enacted as offences are now contained in individual provisions of the proposed
Act. The Division also enables penalty notices to be issued for offences specified by
the regulations under the proposed Act.
Division 3 Mandatory appointment of agents for landlords
Division 3 of Part 10 (sections 206 and 207) of the proposed Act contains a scheme
under which the Director-General may issue a mandatory direction to a landlord
requiring the landlord to appoint an agent. Such a direction may prohibit a specified
person from being appointed and cannot be given to a landlord who already has an
agent. A direction can only be given if a landlord has engaged in serious or persistent
breaches of the proposed Act, the regulations or residential tenancy agreements. The
landlord may seek a review of a direction from the Administrative Decisions
Tribunal.
Explanatory note page 17
Residential Tenancies Bill 2010
Explanatory note
Division 4 Costs in certain court proceedings
Division 4 of Part 10 (section 208) of the proposed Act re-enacts section 120A of the
1987 Act.
Part 11 Residential tenancy databases
Division 1 Preliminary
Division 1 of Part 11 (sections 209 and 210) of the proposed Act defines words and
expressions used in the Part and provides that the Part will not apply to entities that
keep databases for their own purposes.
Division 2 Tenancy database information
Division 2 of Part 11 (sections 211218) sets out a scheme for the use of tenancy
databases, as follows:
(a) a landlord or landlord's agent must notify a prospective tenant if a residential
tenancy database is used to decide whether to enter into a residential tenancy
agreement with the prospective tenant and contains information about the
tenant and must also notify contact details of the database operator and details
of who listed the information and how it may be changed or removed,
(b) personal information about a person must be listed on a residential tenancy
database only if the person has breached a residential tenancy agreement that
has terminated and because of the breach the person owes the landlord more
than the amount of the rental bond or the Tribunal has ordered the termination
of the agreement,
(c) personal information about a person must also not be listed unless the person
concerned has been given a copy of the information and any submissions
about the proposed entry have been considered by the landlord or agent (unless
the person cannot be found after reasonable inquiries),
(d) a landlord or agent of a landlord who lists personal information in a residential
tenancy database and who becomes aware that the information is inaccurate,
incomplete, ambiguous or out-of-date must notify the database operator within
7 days. The database operator must amend or remove the information within
14 days of notice being given,
(e) a landlord or agent who lists personal information on a residential tenancy
database or a database operator must give a person, on written request, a copy
of information held about the person on the residential tenancy database,
(f) the Tribunal may, on application by a person who claims that information
about the person is inaccurate, incomplete, ambiguous or out-of-date, may
order information in a residential tenancy database to be wholly or partly
removed or amended in a specified way. The Tribunal may also make such an
order if it is satisfied that the inclusion of information on a database is unjust,
Explanatory note page 18
Residential Tenancies Bill 2010
Explanatory note
(g) personal information about a person must not be kept on a residential tenancy
database for longer than 3 years or a lesser period if the national privacy
principles require the operator to remove the information within the lesser
period.
Part 12 Miscellaneous
Part 12 (proposed sections 219227) of the proposed Act re-enacts and updates
sections 120, 126, 130 and 133 of the 1987 Act. The Part also contains provisions
relating to the following matters:
(a) the appointment of agents by tenants (currently this is limited to certain kinds
of tenants),
(b) the functions of the Director-General, which are similar to those formerly
conferred on the Tenancy Commissioner,
(c) service of documents on a person may be effected by leaving them in the
mailbox at the residential or business address of the person,
(d) the review of the proposed Act as soon as possible after the period of 5 years
from the date of assent to the proposed Act to determine whether the policy
objectives of the proposed Act remain valid and whether the terms of the Act
are appropriate for achieving them.
Schedule 1 Membership and procedure of Rental
Bond Board
Schedule 1 contains provisions relating to the constitution and procedure of the
Board.
Schedule 2 Savings, transitional and other
provisions
Schedule 2 contains savings, transitional and other provisions consequent on the
enactment of the proposed Act.
Schedule 3 Amendment of Acts
Schedule 3 amends the Acts specified in the Schedule as a consequence of the
enactment of the proposed Act.
Explanatory note page 19
First print
New South Wales
Residential Tenancies Bill 2010
Contents
Page
Part 1 Preliminary
Division 1 General
1 Name of Act 2
2 Commencement 2
3 Definitions 2
4 Act to bind Crown 4
5 Repeals 4
Division 2 Application of Act
6 Act applies to existing and future residential tenancy
agreements 4
7 Premises to which Act does not apply 4
8 Agreements to which Act does not apply 5
9 Employee and caretaker arrangements 6
10 Application of Act to occupants in shared households 6
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Residential Tenancies Bill 2010
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11 Declaration by Tribunal 6
12 Exemptions from operation of Act 6
Part 2 Residential tenancy agreements
Division 1 General provisions relating to agreements
13 Agreements that are residential tenancy agreements 7
14 Landlord's obligation to ensure written residential tenancy
agreement 7
15 Standard residential tenancy agreements 8
16 Written residential tenancy agreements--Tribunal orders 8
17 Certain unexecuted residential tenancy agreements
enforceable 9
18 Fixed term agreements to continue as periodic agreements
after end of fixed term 9
Division 2 Terms of residential tenancy agreements
19 Prohibited terms 9
20 Mandatory terms may be varied for long term leases 10
21 Inconsistent and prohibited terms void 11
22 Offence relating to terms of residential tenancy agreements 11
Part 3 Rights and obligations of landlords and tenants
Division 1 Pre-agreement matters
23 Limit on amounts payable by tenant before agreement 12
24 Holding fees 12
25 Disputes about holding fees 13
26 Disclosure of information to tenants generally 13
27 Names and addresses to be provided 14
28 Tenant entitled to copy of residential tenancy agreement 14
29 Condition reports 14
30 Condition report evidence of condition of premises 15
31 Remedies for disputes about condition reports 15
Division 2 Rent and other payments
32 Kinds of payments that tenant may be required to pay for
residential tenancy agreement 16
33 Payment of rent by tenant 16
34 Acceptance of rent by landlord 16
35 Manner of payment of rent 17
36 Rent receipts 17
37 Rent records 17
38 Utility charges payable by tenant 18
39 Water usage charges payable by tenant 18
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Contents
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40 Payment of rates, taxes and certain utility charges
by landlord 19
41 Rent increases 20
42 Rent increases under fixed term agreements 20
43 Rent reductions 21
44 Tenant's remedies for excessive rent 22
45 Remedies for reduction of rent on frustration of residential
tenancy agreement 23
46 Contraventions of rent orders 23
47 Tenant's remedies for repayment of rent and excess
charges 24
48 Landlord may recover certain rent expenses 24
Division 3 Occupation and use of residential premises
49 Occupation of residential premises as residence 25
50 Tenant's right to quiet enjoyment 25
51 Use of premises by tenant 25
52 Landlord's general obligations for residential premises 26
53 Sale of residential premises 27
54 Liability of tenant for actions of others 27
Division 4 Landlord's rights to enter residential
premises
55 Access generally by landlord to residential premises
without consent 27
56 Entry with tenant's consent 28
57 Limits on entry by landlord or others without consent 29
58 Duty of tenant to give access to residential premises 29
59 Landlord must only enter premises in accordance
with Division 30
60 Landlord's remedies relating to access to premises 30
61 Tenant's remedies relating to access to premises 30
Division 5 Repairs to premises
62 Definitions 30
63 Landlord's general obligation 31
64 Urgent repairs to residential premises 32
65 Tenants remedies for repairs 32
Division 6 Alterations and additions to residential
premises
66 Tenant must not make alterations to premises without
consent 33
67 Removal of fixtures installed by tenant 34
68 Tenants' remedies for alterations 34
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Contents
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69 Landlords' remedies for alterations 35
Division 7 Security and safety of residential premises
70 Locks and other security devices 35
71 Changes of locks and other security devices 35
72 Copies of changed locks and other security devices to
be given to other party 36
73 Remedies for security of residential premises 36
Part 4 Changes of tenant and landlord
74 Transfer of tenancy or sub-letting by tenant 38
75 Consent to transfer of tenancy or sub-letting 38
76 Notice of sale of residential premises by landlord 39
77 Recognition of certain persons as tenants 39
78 Death of co-tenant 39
79 Change of tenants after AVO 40
Part 5 Termination of residential tenancy agreements
Division 1 Termination of residential tenancy
agreements generally
80 Definitions 41
81 Circumstances of termination of residential tenancies 41
82 Termination notices 42
83 Termination orders 42
Division 2 Termination by landlord
84 End of residential tenancy agreement at end of fixed term
tenancy 43
85 Termination of periodic agreement 43
86 Sale of premises 43
87 Breach of agreement 44
88 Termination notices for non-payment of rent 45
89 Termination and repossession on ground of
non-payment of rent 45
90 Serious damage or injury by tenant or other occupant 46
91 Use of premises for illegal purposes 46
92 Tribunal may terminate residential tenancy agreement
for threat, abuse, intimidation or harassment 47
93 Hardship to landlord 48
94 Termination of long term tenancies 48
95 Occupants remaining in residential premises 48
Division 3 Termination by tenant
96 End of fixed term agreement 49
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Residential Tenancies Bill 2010
Contents
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97 Termination of periodic agreement by tenant 49
98 Breach of agreement--termination notice by tenant 49
99 Rent increases during long-term fixed term
leases--termination notice by tenant 50
100 Early termination without compensation to landlord 50
101 Termination by co-tenant of own tenancy 51
102 Termination of agreement or co-tenancies by Tribunal 51
103 Breach of agreement--termination by Tribunal 52
104 Hardship to tenant--fixed term agreements 52
105 Termination by Tribunal on landlord's application after
termination notice given by tenant 53
Division 4 Abandonment of residential premises
106 Abandoned premises 53
107 Landlord's remedies on abandonment 54
Division 5 Termination by events
108 Death of tenant 54
109 Agreement frustrated--destruction of, or uninhabitable,
premises 55
Division 6 Miscellaneous
110 Tenant may vacate at any time before end of
termination notice given by landlord 55
111 Disputes about termination 55
112 Withdrawal of termination notices 56
113 Defects in termination notices 56
114 Suspension of possession orders 56
115 Retaliatory evictions 56
116 Accrual of rent on termination 57
117 Acceptance of rent after termination notice 57
118 Other notices 57
Part 6 Recovery of possession of premises
Division 1 Recovery of possession
119 Prohibition on certain recovery proceedings in courts 58
120 Repossession of residential premises--offences 58
121 Enforcement of orders for possession 58
122 Mortgagee repossessions of rented properties 59
123 Liability of tenant remaining in possession after
termination 60
124 Notice of proposed recovery of premises by person
with superior title 60
125 Order for tenancy against person with superior title 61
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Residential Tenancies Bill 2010
Contents
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Division 2 Goods left on residential premises
126 Application and interpretation 61
127 Disposal notices 62
128 Perishable goods 62
129 Storage of goods 63
130 Disposal of non-perishable goods (other than personal
documents) 63
131 Disposal of personal documents 63
132 Collection of goods by former tenants or persons
entitled to goods 64
133 Landlord may seek Tribunal direction 64
134 Orders by Tribunal relating to goods 65
135 Effect of disposal of goods 65
Part 7 Social housing tenancy agreements
Division 1 Preliminary
136 Definitions 66
137 Application of Part 66
Division 2 Acceptable behaviour agreements
138 Acceptable behaviour agreements for tenants 67
Division 3 Water usage charges, rent and
other payments
139 Social housing tenants to pay charges for water 68
140 Payment of debts by social housing tenants 68
141 Cancellation or reduction of rent rebates 69
Division 4 Fixed term agreements
142 Extension of social housing tenancies 69
Division 5 Termination of social housing tenancy
agreements--additional grounds
143 Termination notice may be given on ground that
tenant not eligible for social housing 70
144 Eligibility assessments of social housing tenants 70
145 Review of decision to give notice on ground that
tenant not eligible for social housing 71
146 Time periods to be observed in giving termination
notice on ground that tenant not eligible for social housing 72
147 Termination by Tribunal on eligibility ground 72
148 Termination notice may be given on ground that
tenant offered alternative social housing premises 72
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Residential Tenancies Bill 2010
Contents
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149 Review of decision to give termination notice on
ground that tenant offered alternative social housing
premises 73
150 Time periods to be observed in giving termination notice
on ground that tenant offered alternative social housing
premises 74
151 Termination by Tribunal on alternative premises ground 75
152 Termination by Tribunal of social housing tenancy
agreements for breach 75
153 Termination notice--acceptable behaviour agreements 76
154 Termination by Tribunal on behaviour ground 76
155 Operation of Division 76
Division 6 Exemption
156 Head leases involving social housing providers 76
Part 8 Rental bonds
Division 1 Preliminary
157 Definitions 78
158 Mortgagee in possession may exercise functions 78
Division 2 Payment and deposit of rental bonds
159 Payment of bonds 78
160 Other security may not be required 79
161 One rental bond for each agreement 79
162 Deposit of rental bonds 80
Division 3 Release of rental bonds
163 Claims for rental bonds 81
164 Claim notice to be given to other party 81
165 Notice to tenants of claims against tenants 82
166 Matters that may be subject of rental bond claim 82
167 Payment where no dispute 83
168 Disputed rental bond claims 83
169 Appeals may be made despite payment 84
170 Payment to other persons 84
171 Payment to Director-General of Department of
Human Services 84
172 Director-General not required to pay excess amount 84
173 Payment of interest by Director-General on rental
bond amounts 84
174 Repayment of bond to former co-tenant 84
175 Powers of Tribunal 85
176 Proof of deposit of bond 85
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Residential Tenancies Bill 2010
Contents
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Division 4 Rental Bond Board
177 Constitution of Rental Bond Board 85
178 Members of Rental Bond Board 86
179 Delegation 86
Division 5 Functions of Board relating to residential
accommodation
180 Joint ventures for residential accommodation 86
181 Joint venture powers 87
182 Investment in residential accommodation unit trusts 87
183 Guarantees etc by Board 87
184 Finance 88
Division 6 Financial matters
185 Rental Bond Account 88
186 Rental Bond Interest Account 88
Part 9 Powers of Tribunal
Division 1 General powers of Tribunal
187 Orders that may be made by Tribunal 90
188 General order-making power of Tribunal 91
189 Application of provisions relating to Tribunal 91
Division 2 Powers of Tribunal relating to breaches
of residential tenancy agreements
190 Applications relating to breaches of residential tenancy
agreements 91
191 Matters for consideration by Tribunal in applications
relating to security breaches 92
Division 3 Powers of Director-General in proceedings
192 Director-General may represent persons 92
193 Director-General may take or defend proceedings 92
194 Conduct of proceedings by Director-General 93
195 Intervention by Director-General 93
Part 10 Enforcement
Division 1 Powers of investigators
196 Powers of entry and other powers 94
197 Power of investigator to obtain information, documents
and evidence 95
198 Obstruction of investigator 95
199 Taking possession of documents to be used as evidence 95
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Residential Tenancies Bill 2010
Contents
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200 Search warrants 96
201 Application of Fair Trading Act 1987 96
Division 2 Offences
202 Nature of proceedings for offences 96
203 Penalty notices 97
204 Offences by corporations 98
205 Aiding and abetting etc 98
Division 3 Mandatory appointment of agents for
landlords
206 Appointment of landlord's agents 98
207 Review by Administrative Decisions Tribunal 99
Division 4 Costs in certain court proceedings
208 Costs in court proceedings 99
Part 11 Residential tenancy databases
Division 1 Preliminary
209 Definitions 100
210 Application of Part 101
Division 2 Tenancy database information
211 Notice of database and listing 101
212 Listing can be made only for particular breaches
by particular persons 102
213 Further restriction on listing 102
214 Ensuring quality of listing--landlord's and agent's
obligation 103
215 Ensuring quality of listing--database operator's
obligation 103
216 Provision of copies of listed personal information 103
217 Disputes about listings 104
218 Limit on period of listing 105
Part 12 Miscellaneous
219 Contracting out prohibited 106
220 Contracts Review Act 1980 106
221 Tenants' agents 106
222 Functions of Director-General 107
223 Service of notices or other documents 107
224 Regulations 108
225 Exclusion of personal liability 109
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Residential Tenancies Bill 2010
Contents
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226 Savings and transitional provisions 109
227 Review of Act 109
Schedule 1 Membership and procedure of Rental
Bond Board 110
Schedule 2 Savings, transitional and other provisions 115
Schedule 3 Amendment of Acts 119
Contents page 10
New South Wales
Residential Tenancies Bill 2010
No , 2010
A Bill for
An Act with respect to the rights and obligations of landlords and tenants, rents,
rental bonds and other matters relating to residential tenancy agreements; and for
other purposes.
Clause 1 Residential Tenancies Bill 2010
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
Division 1 General 3
1 Name of Act 4
This Act is the Residential Tenancies Act 2010. 5
2 Commencement 6
This Act commences on a day or days to be appointed by proclamation. 7
3 Definitions 8
(1) In this Act: 9
acceptable behaviour agreement--see section 138. 10
apprehended violence order has the same meaning as it has in the 11
Crimes (Domestic and Personal Violence) Act 2007 and includes a 12
provisional, interim and final apprehended violence order. 13
approved form means the form approved from time to time by the 14
Director-General. 15
Board means the Rental Bond Board constituted under this Act. 16
co-tenant means a tenant who is one of 2 or more tenants under a 17
residential tenancy agreement. 18
Department means the Department of Services, Technology and 19
Administration. 20
Director-General means: 21
(a) the Commissioner for Fair Trading, Department of Services, 22
Technology and Administration, or 23
(b) if there is no such position in the Department, the 24
Director-General of the Department. 25
exercise a function includes perform a duty. 26
fixed term agreement means a residential tenancy agreement for a 27
tenancy for a fixed term. 28
function includes a power, authority or duty. 29
give includes cause to give. 30
holding fee means an amount paid or required to be paid to a person for 31
not letting premises pending the making of a residential tenancy 32
agreement. 33
investigator means an investigator appointed under section 18 of the 34
Fair Trading Act 1987. 35
Page 2
Residential Tenancies Bill 2010 Clause 3
Preliminary Part 1
landlord means: 1
(a) the person who grants the right to occupy residential premises 2
under a residential tenancy agreement, or 3
(b) a successor in title to the residential premises whose interest is 4
subject to the interest of the tenant, or 5
(c) a tenant who has granted the right to occupy residential premises 6
to a sub-tenant, 7
and includes a prospective landlord. 8
landlord's agent means a person who acts as the agent of a landlord and 9
who (whether or not the person carries on any other business) carries on 10
business as an agent for: 11
(a) the letting of residential premises, or 12
(b) the collection of rents payable for any tenancy of residential 13
premises. 14
Note. A person who acts as such an agent is required to be licensed under the 15
Property, Stock and Business Agents Act 2002. 16
periodic agreement means a residential tenancy agreement that is not a 17
fixed term agreement. 18
record includes any book, account, document, paper and other source of 19
information compiled, recorded or stored in written form, or on 20
microfilm, or by electronic process, or in any other manner or by any 21
other means. 22
Registrar means the Registrar of the Tribunal. 23
rent means an amount payable by a tenant under a residential tenancy 24
agreement for the right to occupy premises for a period of the 25
agreement. 26
rental bond--see section 157. 27
residential premises means any premises or part of premises (including 28
any land occupied with the premises) used or intended to be used as a 29
residence. 30
Note. Land on which there is no residence cannot be subject to a tenancy or 31
other provisions under this Act. 32
residential tenancy agreement--see section 13. 33
residential tenancy database--see section 209. 34
sign includes execution by a corporation in any manner permitted by 35
law. 36
social housing premises--see section 136. 37
social housing provider--see section 136. 38
social housing tenancy agreement--see section 136. 39
Page 3
Clause 4 Residential Tenancies Bill 2010
Part 1 Preliminary
tenancy means the right to occupy residential premises under a 1
residential tenancy agreement. 2
tenant means: 3
(a) the person who has the right to occupy residential premises under 4
a residential tenancy agreement, or 5
(b) the person to whom such a right passes by transfer or operation 6
of the law, or 7
(c) a sub-tenant of a tenant, 8
and includes a prospective tenant. 9
termination notice--see section 80. 10
termination order--see section 80. 11
Tribunal means the Consumer, Trader and Tenancy Tribunal 12
established by the Consumer, Trader and Tenancy Tribunal Act 2001. 13
water usage charge for residential premises means that part of a water 14
charge that is based on the volume of water supplied to the premises. 15
(2) Notes included in this Act do not form part of this Act. 16
4 Act to bind Crown 17
This Act binds the Crown in right of New South Wales and, in so far as 18
the legislative power of the Parliament of New South Wales permits, the 19
Crown in all its other capacities. 20
5 Repeals 21
The Residential Tenancies Act 1987 and the Landlord and Tenant 22
(Rental Bonds) Act 1977 are repealed. 23
Division 2 Application of Act 24
6 Act applies to existing and future residential tenancy agreements 25
This Act applies to residential tenancy agreements in respect of 26
residential premises whether made before or after the commencement 27
of this section. 28
7 Premises to which Act does not apply 29
This Act does not apply in respect of the following premises: 30
(a) premises to which the Landlord and Tenant (Amendment) Act 31
1948 applies, 32
(b) premises used to provide residential care or respite care within 33
the meaning of the Aged Care Act 1997 of the Commonwealth, 34
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Residential Tenancies Bill 2010 Clause 8
Preliminary Part 1
(c) serviced apartments, that is, buildings or parts of buildings used 1
to provide self-contained tourist and visitor accommodation that 2
are regularly cleaned by or on behalf of the owner or manager, 3
(d) premises used as a hotel or motel, 4
(e) premises used as a backpackers' hostel, 5
(f) a hospital or nursing home, 6
(g) any part of a club used for the provision of temporary 7
accommodation, 8
(h) premises used for residential purposes, if the predominant use of 9
the premises is for the purposes of a trade, profession, business or 10
agriculture. 11
8 Agreements to which Act does not apply 12
(1) This Act does not apply to the following agreements: 13
(a) occupation agreements to which the Holiday Parks (Long-term 14
Casual Occupation) Act 2002 applies, 15
(b) residence contracts within the meaning of the Retirement 16
Villages Act 1999, 17
(c) an agreement under which a person boards or lodges with another 18
person, 19
(d) an agreement under which a person resides in refuge or crisis 20
accommodation of a kind prescribed by the regulations, 21
(e) leases and licences under the Crown Lands Act 1989, the Western 22
Lands Act 1901 or the Crown Lands (Continued Tenures) 23
Act 1989, 24
(f) an agreement for the sale of land that confers a right to occupy 25
residential premises on a party to the agreement, 26
(g) an agreement that arises under a term of a mortgage and confers 27
a right to occupy residential premises on a party to the mortgage, 28
(h) an agreement made for the purpose of giving a person the right to 29
occupy residential premises for a period of not more than 30
3 months for the purpose of a holiday, 31
(i) an agreement that arises under a company title scheme under 32
which a group of adjoining or adjacent premises is owned or 33
leased by a corporation each of whose shareholders has, by virtue 34
of his or her shares, an exclusive right to occupy one or more of 35
the residential premises, 36
(j) an agreement having a term, together with the term of any further 37
agreement that may be granted under an option in respect of it, 38
that is equal to or exceeds 99 years. 39
Page 5
Clause 9 Residential Tenancies Bill 2010
Part 1 Preliminary
(2) This Act (other than Parts 8, 9 and 11) does not apply to residential 1
tenancy agreements to which the Residential Parks Act 1998 applies or 2
to any moveable dwelling for which such an agreement is required. 3
9 Employee and caretaker arrangements 4
(1) An agreement or arrangement under which a person is given the right to 5
occupy premises for the purpose of a residence in return for, or as part 6
of remuneration for, carrying out work in connection with the premises 7
or the person's employment is taken to be a residential tenancy 8
agreement. 9
(2) This section applies even if the premises are part of premises referred to 10
in section 7 or other premises exempted from this Act by the 11
regulations. 12
10 Application of Act to occupants in shared households 13
A person who occupies residential premises that are subject to a written 14
residential tenancy agreement, is not named as a tenant in the agreement 15
and who occupies the premises together with a named tenant is a tenant 16
for the purposes of this Act only if: 17
(a) a tenant under that agreement transfers the tenancy to the person 18
or the person is recognised as a tenant (see Part 4), or 19
(b) the person is a sub-tenant of a tenant under a written residential 20
tenancy agreement with that tenant. 21
Note. Boarders and lodgers are not covered by this Act (see section 8 (1) (c)). 22
An occupier may be recognised as a tenant (see sections 77 and 79). 23
11 Declaration by Tribunal 24
The Tribunal may, on application by the Director-General or another 25
person, make an order declaring that a specified agreement is, or is not, 26
a residential tenancy agreement to which this Act applies or that 27
specified premises are, or are not, premises to which this Act applies. 28
Note. Under section 195, the Director-General may intervene in proceedings 29
before the Tribunal that are brought by another person. 30
12 Exemptions from operation of Act 31
(1) The regulations may exempt from the operation of this Act or the 32
regulations or any specified provision of this Act or the regulations any 33
specified person, agreement or premises or any specified class of 34
persons, agreements or premises. 35
(2) An exemption may be unconditional or subject to conditions. 36
Page 6
Residential Tenancies Bill 2010 Clause 13
Residential tenancy agreements Part 2
Part 2 Residential tenancy agreements 1
Division 1 General provisions relating to agreements 2
13 Agreements that are residential tenancy agreements 3
(1) A residential tenancy agreement is an agreement under which a person 4
grants to another person for value a right of occupation of residential 5
premises for the purpose of use as a residence. 6
(2) A residential tenancy agreement may be express or implied and may be 7
oral or in writing, or partly oral and partly in writing. 8
(3) An agreement may be a residential tenancy agreement for the purposes 9
of this Act even though: 10
(a) it does not grant a right of exclusive occupation, or 11
(b) it grants the right to occupy residential premises together with the 12
letting of goods or the provision of services or facilities. 13
Note. See section 8 for agreements that are not covered by this Act. Section 7 14
sets out premises not covered by this Act. 15
(4) For the purpose of determining whether an agreement is a residential 16
tenancy agreement, it does not matter that the person granted the right 17
of occupation is a corporation if the premises are used (or intended for 18
use) as a residence by a natural person. 19
14 Landlord's obligation to ensure written residential tenancy agreement 20
(1) The landlord under a residential tenancy agreement must ensure that the 21
agreement is in writing at the commencement of the agreement. 22
(2) This section does not: 23
(a) impose any obligation on a tenant to prepare a written residential 24
tenancy agreement, or 25
(b) affect the enforceability of a residential tenancy agreement that is 26
not in writing or is only partly in writing. 27
(3) If a landlord fails to comply with this section: 28
(a) the rent under the residential tenancy agreement must not be 29
increased during the first 6 months of the tenancy, and 30
(b) the landlord is not entitled to terminate the residential tenancy 31
agreement under section 85 during the first 6 months of the 32
tenancy. 33
Note. The Tribunal may order a landlord to enter into a written residential 34
tenancy agreement (see section 16). 35
Page 7
Clause 15 Residential Tenancies Bill 2010
Part 2 Residential tenancy agreements
15 Standard residential tenancy agreements 1
(1) Standard form may be prescribed 2
The regulations may prescribe a standard form of residential tenancy 3
agreement. 4
(2) The regulations may provide for the following: 5
(a) the terms of the agreement, 6
(b) more than one standard form of residential tenancy agreement for 7
use for different classes of residential premises, agreements or 8
parties, 9
(c) the addition of clauses to, or the omission or variation of terms 10
contained in, a standard form of residential tenancy agreement in 11
specified circumstances, 12
(d) the application of terms of standard forms of residential tenancy 13
agreement to agreements entered into before the regulations 14
prescribing those standard forms took effect. 15
(3) Terms to be consistent with Act 16
A standard form of residential tenancy agreement must be consistent 17
with this Act and the regulations. 18
(4) Variation of standard form 19
A residential tenancy agreement for which a standard form is prescribed 20
may include additional terms, but only if: 21
(a) the terms do not contravene this Act or the regulations or any 22
other Act, and 23
(b) the terms are not inconsistent with the terms set out in the 24
standard form. 25
(5) Residential tenancy agreement taken to include standard terms 26
A residential tenancy agreement of a kind for which a standard form is 27
prescribed is taken to include the terms of the standard form. 28
(6) This section is subject to this Act. 29
Note. Section 20 allows terms otherwise included by this Act to be excluded or 30
modified in residential tenancy agreements having a fixed term of 20 years or 31
more. 32
16 Written residential tenancy agreements--Tribunal orders 33
(1) The Tribunal may, on application by a tenant, order the landlord to 34
prepare and enter into a written residential tenancy agreement. 35
(2) The order may: 36
(a) specify the terms of the agreement, and 37
Page 8
Residential Tenancies Bill 2010 Clause 17
Residential tenancy agreements Part 2
(b) specify a commencement date for the agreement that occurred 1
before the order was made. 2
(3) The Tribunal may make an order under this section only if it is satisfied 3
that the landlord and tenant are subject to an existing residential tenancy 4
agreement that is not in writing or is only partly in writing and that the 5
tenant is not holding over under a previous written fixed term 6
agreement. 7
17 Certain unexecuted residential tenancy agreements enforceable 8
(1) If a residential tenancy agreement has been signed by a tenant and given 9
to the landlord or a person on the landlord's behalf and has not been 10
signed by the landlord: 11
(a) acceptance of rent by or on behalf of the landlord without 12
reservation, or 13
(b) any other act of part performance of the agreement by or on 14
behalf of the landlord, 15
gives to the document the same effect it would have if it had been signed 16
by the landlord on the first day in respect of which rent was accepted or 17
on the day on which such an act was first performed. 18
(2) This section applies despite section 54A of the Conveyancing Act 1919. 19
18 Fixed term agreements to continue as periodic agreements after end of 20
fixed term 21
A fixed term agreement that continues after the day on which the fixed 22
term ends continues to apply: 23
(a) as if the term of the agreement were replaced by a periodic 24
agreement, and 25
(b) on the same terms as immediately before the end of the fixed 26
term. 27
Note. A landlord and tenant may also enter a further agreement for a further 28
fixed term tenancy. 29
Division 2 Terms of residential tenancy agreements 30
19 Prohibited terms 31
(1) A residential tenancy agreement must not contain a term of a kind set 32
out in this section or prescribed by the regulations for the purposes of 33
this section. 34
Page 9
Clause 20 Residential Tenancies Bill 2010
Part 2 Residential tenancy agreements
(2) Terms having the following effects must not be included in a residential 1
tenancy agreement: 2
(a) that the tenant must have the carpet professionally cleaned, or pay 3
the cost of such cleaning, at the end of the tenancy, 4
(b) that the tenant must take out a specified, or any, form of 5
insurance, 6
(c) exempting the landlord from liability for any act or omission by 7
the landlord, the landlord's agent or any person acting on behalf 8
of the landlord or landlord's agent, 9
(d) that, if the tenant breaches the agreement, the tenant is liable to 10
pay all or any part of the remaining rent under the agreement, 11
increased rent, a penalty or liquidated damages, 12
(e) that, if the tenant does not breach the agreement, the rent is or 13
may be reduced or the tenant is to be or may be paid a rebate of 14
rent or other benefit. 15
Note. Section 15 also prohibits certain additional terms from being included in 16
a residential tenancy agreement for which a standard form is prescribed. 17
(3) However, a residential tenancy agreement may include a term that 18
requires the carpet to be professionally cleaned or requires the tenant to 19
pay the cost of such cleaning, at the end of the tenancy, if the landlord 20
permits the tenant to keep an animal on the residential premises. 21
20 Mandatory terms may be varied for long term leases 22
(1) A fixed term agreement for a fixed term of 20 years or more may: 23
(a) provide that terms that would otherwise be included in the 24
agreement by this Act or the regulations (mandatory terms) do 25
not apply, or are varied as provided by the agreement, and 26
(b) include terms that would otherwise be prohibited by this Act or 27
the regulations. 28
(2) However, any such agreement must not exclude or modify any of the 29
following: 30
(a) any term included by this Act relating to the payment of rates, 31
taxes and charges by the landlord, 32
(b) the prohibition against more than one rent increase a year under 33
a fixed term agreement for a fixed term of more than 2 years, 34
(c) any right under this Act to make an application to the Tribunal, 35
(d) the grounds on which a residential tenancy agreement may be 36
terminated under this Act, 37
(e) any other term prescribed by the regulations for the purposes of 38
this section. 39
Page 10
Residential Tenancies Bill 2010 Clause 21
Residential tenancy agreements Part 2
(3) The Tribunal may, on application by a tenant under a fixed term 1
agreement for a fixed term of 20 years or more, make an order declaring 2
that: 3
(a) a mandatory term does form part of the agreement, or 4
(b) a prohibited term is not included in an agreement, or 5
(c) a mandatory or prohibited term included in the agreement is 6
varied as specified by the declaration. 7
(4) The Tribunal may make an order if it is of the opinion that the inclusion 8
or variation of a term, or failure to include a term, is unconscionable, 9
unjust, harsh or oppressive. 10
(5) This section has effect despite any other provision of this Act. 11
21 Inconsistent and prohibited terms void 12
(1) A term of a residential tenancy agreement is void to the extent to which 13
it: 14
(a) is inconsistent with any term included in the agreement by this 15
Act or the regulations, or 16
(b) is prohibited by this Act or the regulations. 17
(2) The Tribunal may, on application by a landlord or a tenant, make an 18
order declaring that a term of a residential tenancy agreement is void or 19
partly void if satisfied that the term is inconsistent with any term 20
included in the agreement by this Act or the regulations or is prohibited 21
by this Act or the regulations. 22
22 Offence relating to terms of residential tenancy agreements 23
A landlord must ensure that a written residential tenancy agreement: 24
(a) is in the standard form (if any) prescribed by the regulations for 25
the agreement and contains any other terms required to be 26
included by this Act or the regulations, and 27
(b) does not contain any terms prohibited by this Act or the 28
regulations. 29
Maximum penalty: 20 penalty units. 30
Page 11
Clause 23 Residential Tenancies Bill 2010
Part 3 Rights and obligations of landlords and tenants
Part 3 Rights and obligations of landlords and tenants 1
Division 1 Pre-agreement matters 2
23 Limit on amounts payable by tenant before agreement 3
(1) A person must not require or receive from a tenant, before or when the 4
tenant enters into the residential tenancy agreement, a payment other 5
than the following: 6
(a) a holding fee, 7
(b) rent, 8
(c) a rental bond, 9
(d) an amount for the fee (if any) payable for registration of a 10
residential tenancy agreement under the Real Property Act 1900. 11
(2) Without limiting this section, a person must not require or receive from 12
a tenant an amount for the costs of preparation of a written residential 13
tenancy agreement. 14
Maximum penalty: 20 penalty units. 15
24 Holding fees 16
(1) A person must not require or receive from a tenant a holding fee unless: 17
(a) the tenant's application for tenancy of the residential premises 18
has been approved by the landlord, and 19
(b) the fee does not exceed 1 week's rent of the residential premises 20
(based on the rent under the proposed residential tenancy 21
agreement). 22
Note. A tenant is defined in this Act as including a prospective tenant. 23
(2) A person who receives a holding fee must give the tenant a written 24
receipt setting out the following: 25
(a) the amount paid and the date on which it was paid, 26
(b) the address of the residential premises, 27
(c) the names of the landlord and the tenant. 28
(3) If a tenant has paid a holding fee, the landlord must not enter into a 29
residential tenancy agreement for the residential premises with any 30
other person within 7 days of payment of the fee (or within such further 31
period as may be agreed with the tenant) unless the tenant notifies the 32
landlord that the tenant no longer wishes to enter into the residential 33
tenancy agreement. 34
Page 12
Residential Tenancies Bill 2010 Clause 25
Rights and obligations of landlords and tenants Part 3
(4) A holding fee may be retained by the landlord only if the tenant enters 1
into the residential tenancy agreement or refuses to enter into the 2
residential tenancy agreement. 3
(5) Despite subsection (4), a holding fee must not be retained by the 4
landlord if the tenant refuses to enter into the residential tenancy 5
agreement because of a misrepresentation or failure to disclose a 6
material fact by the landlord or landlord's agent. 7
(6) If a residential tenancy agreement is entered into after payment of a 8
holding fee, the fee must be paid towards rent. 9
Maximum penalty: 20 penalty units. 10
25 Disputes about holding fees 11
(1) The Tribunal may, on application by a person who has paid, or required 12
or received payment of, a holding fee, make an order in relation to the 13
payment or repayment of the fee. 14
(2) A person may make an application under this section whether or not the 15
prospective residential tenancy agreement was executed. 16
26 Disclosure of information to tenants generally 17
(1) False representations 18
A landlord or landlord's agent must not induce a tenant to enter into a 19
residential tenancy agreement by any statement, representation or 20
promise that the landlord or agent knows to be false, misleading or 21
deceptive or by knowingly concealing a material fact of a kind 22
prescribed by the regulations. 23
(2) Disclosure of sale, mortgagee actions 24
A landlord or landlord's agent must disclose the following to the tenant 25
before the tenant enters into the residential tenancy agreement: 26
(a) any proposal to sell the residential premises, if the landlord has 27
prepared a contract for sale of the residential premises, 28
(b) that a mortgagee is taking action for possession of the residential 29
premises, if the mortgagee has commenced proceedings in a 30
court to enforce a mortgage over the premises. 31
(3) Subsection (2) does not apply to a landlord's agent unless the agent is 32
aware of the matters required to be disclosed. 33
Page 13
Clause 27 Residential Tenancies Bill 2010
Part 3 Rights and obligations of landlords and tenants
(4) Information statement to be given 1
A landlord or landlord's agent must give a tenant an information 2
statement in the approved form before the tenant enters into the 3
residential tenancy agreement. 4
Maximum penalty: 20 penalty units. 5
27 Names and addresses to be provided 6
(1) A landlord must give the tenant written notice of the following matters 7
before or when the tenant enters into the residential tenancy agreement 8
or include the following matters in the agreement: 9
(a) the name, telephone number and business address of the 10
landlord's agent (if any) and the name and telephone number or 11
other contact details of the landlord, 12
(b) if there is no landlord's agent, the business address, or residential 13
address, and telephone number, of the landlord, 14
(c) if the landlord is a corporation, the name and the business address 15
of the corporation. 16
(2) A landlord must notify the tenant in writing within 14 days of any 17
change during the residential tenancy agreement in the information 18
provided under this section. 19
(3) This section is a term of every residential tenancy agreement. 20
28 Tenant entitled to copy of residential tenancy agreement 21
(1) The landlord or landlord's agent must give the tenant a copy of the 22
residential tenancy agreement before or when the tenant gives the 23
signed copy of the agreement to the landlord or landlord's agent. 24
(2) If that copy is not signed by the landlord, the landlord or landlord's 25
agent must give the tenant a copy of the residential tenancy agreement 26
signed by both the landlord and tenant, as soon as practicable after it is 27
so signed. 28
Maximum penalty: 20 penalty units. 29
29 Condition reports 30
(1) A condition report relating to the condition of residential premises on a 31
day specified in the report must be completed by or on behalf of a 32
landlord before or when the residential tenancy agreement is given to 33
the tenant for signing. 34
(2) Two copies of the condition report must be given by the landlord or 35
landlord's agent to the tenant before or when the tenant signs the 36
residential tenancy agreement. 37
Page 14
Residential Tenancies Bill 2010 Clause 30
Rights and obligations of landlords and tenants Part 3
(3) The tenant must complete and give one copy of the condition report to 1
the landlord or landlord's agent not later than 7 days after receiving it 2
and both the landlord and the tenant must retain a copy of the report. 3
(4) At, or as soon as reasonably practicable after, the termination of a 4
residential tenancy agreement, the landlord or landlord's agent and the 5
tenant must complete the copy of the condition report retained by the 6
landlord or the tenant under this section, in the presence of the other 7
party. 8
(5) It is not a breach of subsection (4) for the condition report to be 9
completed in the absence of the other party if the party completing the 10
report has given the other party a reasonable opportunity to be present 11
when it is completed. 12
(6) A condition report is to be in the form prescribed by the regulations and 13
may be included in a prescribed standard form of residential tenancy 14
agreement. 15
30 Condition report evidence of condition of premises 16
(1) A condition report that is signed by both the landlord and the tenant is 17
presumed to be a correct statement, in the absence of evidence to the 18
contrary, of the state of repair or general condition of the residential 19
premises on the day specified in the report. 20
(2) This section does not apply: 21
(a) to any matter that could not have reasonably been discovered on 22
a reasonable inspection of the premises, or 23
(b) to any statement in the report about which the tenant makes a 24
written dissenting comment on the copy of the report completed 25
by the tenant and retained by the landlord. 26
31 Remedies for disputes about condition reports 27
The Tribunal may, on application by a landlord or tenant, make the 28
following orders: 29
(a) an order that a condition report must be amended, 30
(b) an order that a condition report is not required to be amended. 31
Page 15
Clause 32 Residential Tenancies Bill 2010
Part 3 Rights and obligations of landlords and tenants
Division 2 Rent and other payments 1
32 Kinds of payments that tenant may be required to pay for residential 2
tenancy agreement 3
A person must not require or receive from a tenant any payment for or 4
in relation to renewing, extending or continuing a residential tenancy 5
agreement, other than the following: 6
(a) rent, 7
(b) a rental bond, 8
(c) any other amounts or fees prescribed by the regulations. 9
Maximum penalty: 20 penalty units. 10
33 Payment of rent by tenant 11
(1) A tenant must pay the rent under a residential tenancy agreement on or 12
before the day set out in the agreement. 13
(2) A landlord must not require a tenant to pay more than 2 weeks rent in 14
advance under a residential tenancy agreement or to pay rent for a 15
period of the tenancy before the end of the previous period for which 16
rent has been paid. 17
Note. A tenant may pay more than 2 weeks rent if the tenant wishes to do so. 18
(3) A landlord must not knowingly appropriate rent paid by the tenant for 19
the purpose of any amount payable by the tenant other than rent. 20
(4) This section is a term of every residential tenancy agreement. 21
Maximum penalty: 10 penalty units. 22
34 Acceptance of rent by landlord 23
(1) A landlord must accept payment of unpaid rent by a tenant if: 24
(a) the landlord has given a termination notice on the ground of 25
failure to pay rent under the residential tenancy agreement, and 26
(b) the tenant has not vacated the residential premises. 27
Maximum penalty: 10 penalty units. 28
Note. A residential tenancy agreement may generally not be terminated by the 29
Tribunal, or possession of residential premises be recovered, on the ground of 30
failure to pay rent if the tenant repays the rent or complies with an agreement to 31
do so (see section 89). 32
(2) This section is a term of every residential tenancy agreement. 33
Page 16
Residential Tenancies Bill 2010 Clause 35
Rights and obligations of landlords and tenants Part 3
35 Manner of payment of rent 1
(1) A landlord, landlord's agent or other person must not require a tenant to 2
pay rent by a cheque or other negotiable instrument that is post-dated. 3
Maximum penalty: 10 penalty units. 4
(2) A landlord or landlord's agent must permit a tenant to pay the rent by at 5
least one means for which the tenant does not incur a cost (other than 6
bank fees or other account fees usually payable for the tenant's 7
transactions) and that is reasonably available to the tenant. 8
Maximum penalty: 10 penalty units. 9
(3) A landlord and the tenant may, by agreement, change the manner in 10
which rent is payable under the residential tenancy agreement. 11
(4) This section is a term of every residential tenancy agreement. 12
36 Rent receipts 13
(1) If rent under a residential tenancy agreement is paid in person (other 14
than by cheque), the person who receives the payment must, when the 15
payment is made, give the person making the payment a rent receipt. 16
(2) If rent under a residential tenancy agreement is paid in person by 17
cheque, the person who receives the payment must make the receipt 18
available for collection by the tenant or post it to the residential 19
premises. 20
(3) A rent receipt is a receipt that contains the following matters: 21
(a) the name of the person who receives the rent or on whose behalf 22
the rent is received, 23
(b) the name of the person paying the rent or on whose behalf the rent 24
is paid, 25
(c) the address of the residential premises for which the rent is paid, 26
(d) the period for which the rent is paid and the date up to which the 27
rent is paid, 28
(e) the date on which the rent is paid, 29
(f) the amount of rent paid. 30
Maximum penalty: 10 penalty units. 31
37 Rent records 32
(1) A landlord or landlord's agent must keep a record of rent received under 33
a residential tenancy agreement (a rent record). 34
(2) A rent record may be kept in any form, and must contain any particulars, 35
prescribed by the regulations for the purposes of this section. 36
Page 17
Clause 38 Residential Tenancies Bill 2010
Part 3 Rights and obligations of landlords and tenants
(3) A landlord or landlord's agent must, within 7 days of a written request 1
by the tenant, provide a written statement setting out the particulars of 2
the rent record for a specified period. 3
(4) This section does not require a landlord or landlord's agent to provide a 4
written statement for a period to a person if the landlord or agent has 5
previously provided a written statement for the same period to the 6
person. 7
(5) Subsections (3) and (4) are terms of every residential tenancy 8
agreement. 9
38 Utility charges payable by tenant 10
(1) A tenant must pay the following charges for the residential premises: 11
(a) all charges for the supply of electricity, gas (except bottled gas) 12
or oil to the tenant at the residential premises if the premises are 13
separately metered, 14
(b) all charges for the supply of bottled gas to the tenant at the 15
residential premises, 16
(c) all charges for pumping out a septic system used for the 17
residential premises, 18
(d) any excess garbage charges relating to the tenant's use of the 19
residential premises, 20
(e) any other charges prescribed by the regulations. 21
(2) This section is a term of every residential tenancy agreement. 22
39 Water usage charges payable by tenant 23
(1) A tenant must pay the water usage charges for the residential premises, 24
but only if: 25
(a) the premises are separately metered or the premises are not 26
connected to a water supply service and water is delivered to the 27
premises by vehicle, and 28
(b) the premises contain water efficiency measures prescribed by the 29
regulations for the purposes of this section, and 30
(c) the charges do not exceed the amount payable by the landlord for 31
water used by the tenant. 32
(2) A tenant is not required to pay the water usage charges unless the 33
landlord gives the tenant a copy of the part of the water supply 34
authority's bill setting out the charges, or other evidence of the cost of 35
water used by the tenant. 36
(3) A landlord must give the tenant not less than 21 days to pay the water 37
usage charges. 38
Page 18
Residential Tenancies Bill 2010 Clause 40
Rights and obligations of landlords and tenants Part 3
(4) A tenant is not required to pay the water usage charges if the landlord 1
fails to request payment from the tenant within 3 months of the issue of 2
the bill for those charges by the water supply authority. 3
(5) Subsection (4) does not prevent a landlord from taking action to recover 4
an amount of water usage charges later than 3 months after the issue of 5
a bill for those charges, if the landlord first sought payment of the 6
amount within 3 months after the issue of the bill. 7
(6) A landlord must ensure that the tenant receives the benefit of, or an 8
amount equivalent to, any rebate received by the landlord in respect of 9
any water usage charges payable or paid by the tenant. 10
Note. Tenants under social housing tenancy agreements may be subject to 11
different provisions in relation to the payment of charges for water usage (see 12
Division 3 of Part 7). 13
(7) This section is a term of every residential tenancy agreement. 14
40 Payment of rates, taxes and certain utility charges by landlord 15
(1) A landlord must pay the following charges for the residential premises: 16
(a) rates, taxes or charges payable under any Act (other than charges 17
payable by the tenant under this Division), 18
(b) the installation costs and charges for initial connection to the 19
residential premises of an electricity, water, gas, bottled gas or oil 20
supply service, 21
(c) all charges for the supply of electricity, gas (except bottled gas) 22
or oil to the tenant at the residential premises that are not 23
separately metered, 24
(d) the costs and charges for the supply or hire of gas bottles for the 25
supply of bottled gas at the commencement of the tenancy, 26
(e) all charges (other than water usage charges) in connection with a 27
water supply service to separately metered residential premises, 28
(f) all charges in connection with a water supply service to 29
residential premises that are not separately metered, 30
(g) all charges for the supply of sewerage services (other than for 31
pump out septic services) or the supply or use of drainage 32
services to the residential premises, 33
(h) any other charges prescribed by the regulations. 34
(2) This section is a term of every residential tenancy agreement. 35
Page 19
Clause 41 Residential Tenancies Bill 2010
Part 3 Rights and obligations of landlords and tenants
41 Rent increases 1
(1) The rent payable under a residential tenancy agreement may be 2
increased only if: 3
(a) the tenant is given a written notice by the landlord or the 4
landlord's agent specifying the increased rent and the day from 5
which it is payable, and 6
(b) the notice is given at least 60 days before the increased rent is 7
payable. 8
(2) Notice must be given by the landlord or the landlord's agent of a rent 9
increase proposed during the term of a residential tenancy agreement 10
and of a rent increase under a proposed residential tenancy agreement 11
between a landlord and one or more of the landlord's existing tenants. 12
(3) A rent increase is not payable by a tenant unless the rent is increased in 13
accordance with this section or the rent is increased by the Tribunal. 14
(4) The residential tenancy agreement is varied to specify the increased rent 15
from the date the rent is increased in accordance with this section. 16
(5) Notice of a rent increase must be given by a landlord or landlord's agent 17
in accordance with this section even if details of the rent increase are set 18
out in the residential tenancy agreement. 19
(6) Notice of a rent increase may be cancelled or varied (so as to reduce the 20
increase) by a subsequent written notice given to the tenant by or on 21
behalf of the landlord. Any such later notice takes effect from the date 22
on which the earlier notice was to take effect. 23
(7) Notice of a rent increase is not required to be given by a landlord or 24
landlord's agent if the increase arises because of the end of, or a 25
reduction in, a rent reduction. 26
(8) Subsections (1)(7) are terms of every residential tenancy agreement. 27
(9) A landlord or landlord's agent must not contravene this section. 28
Maximum penalty: 20 penalty units. 29
(10) The Tribunal must not make an order that a rent increase is not payable 30
because this section has not been complied with unless the application 31
for the order is made not later than 12 months after the rent is increased. 32
42 Rent increases under fixed term agreements 33
(1) The rent payable under a fixed term agreement for a fixed term of not 34
more than 2 years must not be increased during the fixed term unless the 35
agreement sets out the amount of the increase or the method of 36
calculating the increase. 37
Page 20
Residential Tenancies Bill 2010 Clause 43
Rights and obligations of landlords and tenants Part 3
(2) The rent payable under a fixed term agreement for a fixed term of more 1
than 2 years: 2
(a) must not be increased more than once in any period of 12 months, 3
and 4
(b) may be increased whether or not the agreement sets out the 5
amount of the increase or the method of calculating the increase. 6
(3) A landlord or landlord's agent must not increase the rent payable under 7
a fixed term agreement in contravention of this section. 8
Maximum penalty: 20 penalty units. 9
43 Rent reductions 10
(1) Reduction in goods, services or facilities 11
The tenant may make a written request to the landlord at any time for a 12
reduction in rent if the landlord reduces or withdraws any goods, 13
services or facilities provided with the residential premises, even if 14
those goods, services or facilities are provided under a separate or a 15
previous contract, agreement or arrangement. 16
(2) Premises unusable 17
The rent payable under a residential tenancy agreement abates if 18
residential premises under a residential tenancy agreement are: 19
(a) otherwise than as a result of a breach of an agreement, destroyed 20
or become wholly or partly uninhabitable, or 21
(b) cease to be lawfully usable as a residence, or 22
(c) appropriated or acquired by any authority by compulsory 23
process. 24
(3) Access to purchasers 25
The landlord and tenant may agree to reduce the rent payable for 26
premises during periods when access to the residential premises is 27
required to be given to prospective purchasers of the premises. 28
(4) Effect of section 29
This section does not limit the rights of landlords and tenants to agree 30
to reduce the rent payable under a residential tenancy agreement. 31
(5) This section is a term of every residential tenancy agreement. 32
Page 21
Clause 44 Residential Tenancies Bill 2010
Part 3 Rights and obligations of landlords and tenants
44 Tenant's remedies for excessive rent 1
(1) Excessive rent orders 2
The Tribunal may, on the application of a tenant, make any of the 3
following orders: 4
(a) an order that a rent increase under an existing or proposed 5
residential tenancy agreement is excessive and that, from a 6
specified day, the rent for residential premises must not exceed a 7
specified amount, 8
(b) an order that rent payable under an existing or proposed 9
residential tenancy agreement is excessive, having regard to the 10
reduction or withdrawal by the landlord of any goods, services or 11
facilities provided with the residential premises and that, from a 12
specified day, the rent for residential premises must not exceed a 13
specified amount. 14
(2) Time limit for excessive rent increase applications 15
An application for an order that a rent increase is excessive must be 16
made within the period prescribed by the regulations after notice of the 17
increase is given. 18
(3) Applications on withdrawal of goods or services 19
A tenant may, before the end of a tenancy, make an application that the 20
rent is excessive, having regard to the reduction or withdrawal of any 21
goods, services or facilities provided with the residential premises, even 22
if those goods, services or facilities were provided under a separate or a 23
previous contract, agreement or arrangement. 24
(4) Determination of excessive rent 25
For the purposes of making an order under this section, the Tribunal 26
may declare that amounts payable under a contract, agreement or 27
arrangement under which goods, services or facilities are provided to 28
the tenant are rent. 29
(5) The Tribunal may have regard to the following in determining whether 30
a rent increase or rent is excessive: 31
(a) the general market level of rents for comparable premises in the 32
locality or a similar locality, 33
(b) the landlord's outgoings under the residential tenancy agreement 34
or proposed agreement, 35
(c) any fittings, appliances or other goods, services or facilities 36
provided with the residential premises, 37
(d) the state of repair of the residential premises, 38
Page 22
Residential Tenancies Bill 2010 Clause 45
Rights and obligations of landlords and tenants Part 3
(e) the accommodation and amenities provided in the residential 1
premises, 2
(f) any work done to the residential premises by or on behalf of the 3
tenant, 4
(g) when the last increase occurred, 5
(h) any other matter it considers relevant (other than the income of 6
the tenant or the tenant's ability to afford the rent increase or 7
rent). 8
(6) Effect of excessive rent order 9
An order by the Tribunal specifying a maximum amount of rent: 10
(a) has effect for the period (of not more than 12 months) specified 11
by the Tribunal, and 12
(b) binds only the landlord and tenant under the residential tenancy 13
agreement or proposed residential tenancy agreement under 14
which the rent is payable. 15
Note. A tenant under a social housing tenancy agreement may also apply for 16
an order that rent is excessive if a rent rebate is cancelled (see section 141 (1)). 17
45 Remedies for reduction of rent on frustration of residential tenancy 18
agreement 19
(1) The Tribunal may, on application by the landlord or tenant, make an 20
order determining the amount of rent payable if the rent is abated under 21
section 43 (2). 22
(2) The Tribunal may order that: 23
(a) from a specified day, the rent for the residential premises must 24
not exceed a specified amount, and 25
(b) the landlord must repay to the tenant any rent paid by the tenant 26
since the specified day that is in excess of the specified amount. 27
Note. The residential tenancy agreement may also be terminated in these 28
circumstances (see section 109). 29
46 Contraventions of rent orders 30
(1) A person must not demand, require or receive any rent from a tenant 31
exceeding an amount specified by the Tribunal. 32
Maximum penalty: 20 penalty units. 33
(2) A court before which proceedings for an offence under this section or 34
section 52 of the Consumer, Trader and Tenancy Tribunal Act 2001
have been brought, or the Tribunal, on application by a tenant, may (in 36
35
addition to any other penalty) order the person who committed the 37
offence or any person on whose behalf that person acted to pay to the 38
Page 23
Clause 47 Residential Tenancies Bill 2010
Part 3 Rights and obligations of landlords and tenants
tenant against whom the offence was committed an amount equal to the 1
amount of any rent unlawfully received from the tenant. 2
Note. It is an offence under section 52 of the Consumer, Trader and Tenancy 3
Tribunal Act 2001 to contravene an order of the Tribunal (including an order as 4
to rent payable). 5
47 Tenant's remedies for repayment of rent and excess charges 6
(1) Requests to landlord 7
A tenant may make a written request to the landlord that the landlord 8
repay to the tenant any rent, or other amounts, paid by the tenant that are 9
not required to be paid under this Act or the residential tenancy 10
agreement. 11
(2) A request may be made during or after the termination of a residential 12
tenancy agreement. 13
(3) A landlord must, within 14 days of a written request by a tenant, repay 14
to the tenant the amount of any rent or other amount paid in excess of 15
the amount payable by the tenant under this Act or the residential 16
tenancy agreement. 17
(4) Tribunal orders 18
A tenant may apply to the Tribunal for an order for the repayment of 19
rent or any other amount paid by the tenant if a written request by the 20
tenant for payment is not complied with by the landlord within 14 days. 21
(5) The Tribunal may order that rent or any other amount be repaid to the 22
tenant if it finds that the rent or amount was not required to be paid by 23
the tenant under this Act or the residential tenancy agreement. 24
48 Landlord may recover certain rent expenses 25
(1) A tenant must, at the written request of the landlord, pay to the landlord 26
the following amounts: 27
(a) the cost of replacing rent deposit books or rent cards lost by the 28
tenant, 29
(b) the amount of any fees paid to an authorised deposit-taking 30
institution by the landlord as a result of funds of the tenant not 31
being available for rent payment on the due date (such as fees for 32
dishonoured cheques or other account fees). 33
(2) This section has effect despite any other provision of this Division. 34
(3) This section is a term of every residential tenancy agreement. 35
Page 24
Residential Tenancies Bill 2010 Clause 49
Rights and obligations of landlords and tenants Part 3
Division 3 Occupation and use of residential premises 1
49 Occupation of residential premises as residence 2
(1) A landlord must take all reasonable steps to ensure that, at the time of 3
entering into the residential tenancy agreement, there is no legal 4
impediment to the occupation of the residential premises as a residence 5
for the period of the tenancy. 6
(2) A landlord must ensure that the tenant has vacant possession of any part 7
of the residential premises to which the tenant has a right of exclusive 8
possession on the day on which the tenant is entitled to occupy those 9
premises under the residential tenancy agreement. 10
(3) This section is a term of every residential tenancy agreement. 11
50 Tenant's right to quiet enjoyment 12
(1) A tenant is entitled to quiet enjoyment of the residential premises 13
without interruption by the landlord or any person claiming by, through 14
or under the landlord or having superior title (such as a head landlord) 15
to that of the landlord. 16
(2) A landlord or landlord's agent must not interfere with, or cause or 17
permit any interference with, the reasonable peace, comfort or privacy 18
of the tenant in using the residential premises. 19
Maximum penalty: 10 penalty units. 20
(3) A landlord or landlord's agent must take all reasonable steps to ensure 21
that the landlord's other neighbouring tenants do not interfere with the 22
reasonable peace, comfort or privacy of the tenant in using the 23
residential premises. 24
(4) This section is a term of every residential tenancy agreement. 25
51 Use of premises by tenant 26
(1) A tenant must not do any of the following: 27
(a) use the residential premises, or cause or permit the premises to be 28
used, for any illegal purpose, 29
(b) cause or permit a nuisance, 30
(c) interfere, or cause or permit any interference, with the reasonable 31
peace, comfort or privacy of any neighbour of the tenant, 32
(d) intentionally or negligently cause or permit any damage to the 33
residential premises, 34
(e) cause or permit a number of persons to reside in the residential 35
premises that exceeds any number specified in the residential 36
tenancy agreement. 37
Page 25
Clause 52 Residential Tenancies Bill 2010
Part 3 Rights and obligations of landlords and tenants
(2) A tenant must do the following: 1
(a) keep the residential premises in a reasonable state of cleanliness, 2
having regard to the condition of the premises at the 3
commencement of the tenancy, 4
(b) notify the landlord of any damage to the residential premises as 5
soon as practicable after becoming aware of the damage. 6
(3) On giving vacant possession of the residential premises, the tenant must 7
do the following: 8
(a) remove all the tenant's goods from the residential premises, 9
(b) leave the residential premises as nearly as possible in the same 10
condition, fair wear and tear excepted, and, if there is a condition 11
report, as set out in the condition report applicable to the premises 12
when the agreement was entered into, 13
(c) leave the residential premises in a reasonable state of cleanliness, 14
having regard to the condition of the premises at the 15
commencement of the tenancy, 16
(d) remove or arrange for the removal from the residential premises 17
of all rubbish, having regard to the condition of the premises at 18
the commencement of the tenancy, 19
(e) return to the landlord all keys, and other opening devices or 20
similar devices, provided by the landlord to the tenant. 21
(4) In this section: 22
residential premises includes everything provided with the residential 23
premises (whether under the residential tenancy agreement or not) for 24
use by the tenant. 25
(5) This section is a term of every residential tenancy agreement. 26
52 Landlord's general obligations for residential premises 27
(1) A landlord must provide the residential premises in a reasonable state of 28
cleanliness and fit for habitation by the tenant. 29
(2) A landlord must not interfere with the supply of gas, electricity, water, 30
telecommunications services or other services to the residential 31
premises unless the interference is necessary to avoid danger to any 32
person or to enable maintenance or repairs to be carried out. 33
(3) A landlord must comply with the landlord's statutory obligations 34
relating to the health or safety of the residential premises. 35
Note. Such obligations include obligations relating to swimming pools under the 36
Swimming Pools Act 1992. 37
(4) This section is a term of every residential tenancy agreement. 38
Page 26
Residential Tenancies Bill 2010 Clause 53
Rights and obligations of landlords and tenants Part 3
53 Sale of residential premises 1
(1) A landlord must give the tenant written notice of the landlord's 2
intention to sell the residential premises not later than 14 days before the 3
premises are first made available for inspection by prospective 4
purchasers. 5
(2) A landlord or the agent of the landlord for the sale of the residential 6
premises must make all reasonable efforts to agree with the tenant as to 7
the days and times when the residential premises are to be periodically 8
available for inspection by prospective purchasers. 9
(3) A tenant must not unreasonably refuse to agree to days and times when 10
the residential premises are to be periodically available for inspection 11
by prospective purchasers. 12
(4) A tenant is not required to agree to the residential premises being 13
available for inspection by prospective purchasers more than twice a 14
week. 15
(5) This section is a term of every residential tenancy agreement. 16
54 Liability of tenant for actions of others 17
(1) A tenant is vicariously responsible to the landlord for any act or 18
omission by any other person who is lawfully on the residential 19
premises (other than a person who has a right of entry without the 20
tenant's consent) that would have been a breach of the residential 21
tenancy agreement if it had been an act or omission by the tenant. 22
(2) This section is a term of every residential tenancy agreement. 23
Division 4 Landlord's rights to enter residential premises 24
55 Access generally by landlord to residential premises without consent 25
(1) A landlord, the landlord's agent or any other person authorised by the 26
landlord may enter residential premises during a residential tenancy 27
agreement without the consent of the tenant, and without giving notice 28
to the tenant, only in the following circumstances: 29
(a) in an emergency, 30
(b) to carry out urgent repairs, 31
(c) if the landlord, landlord's agent or person has made a reasonable 32
attempt to obtain entry with consent and has reasonable cause for 33
serious concern about the health or safety of the tenant or any 34
other person that the landlord, landlord's agent or person believes 35
is on the residential premises, 36
Page 27
Clause 56 Residential Tenancies Bill 2010
Part 3 Rights and obligations of landlords and tenants
(d) if the landlord forms a reasonable belief that the residential 1
premises have been abandoned, 2
(e) in accordance with an order of the Tribunal. 3
(2) A landlord, the landlord's agent or any other person authorised by the 4
landlord may enter residential premises during a residential tenancy 5
agreement without the consent of the tenant, after giving notice to the 6
tenant, only in the following circumstances: 7
(a) to inspect the residential premises, not more than 4 times in any 8
period of 12 months, if the tenant has been given not less than 9
7 days written notice each time, 10
(b) to carry out or assess the need for necessary repairs (other than 11
urgent repairs) to, or maintenance of, the residential premises, if 12
the tenant has been given not less than 2 days notice each time, 13
(c) to carry out, inspect or assess the need for work for the purpose 14
of compliance with the landlord's statutory obligations relating to 15
the health or safety of the residential premises, if the tenant has 16
been given not less than 2 days notice each time, 17
(d) to value the property, not more than once in any period of 18
12 months, if the tenant is given not less than 7 days notice each 19
time, 20
(e) to show the premises to prospective tenants, a reasonable number 21
of times during the period of 14 days preceding the termination 22
of the agreement, if the tenant is given reasonable notice each 23
time, 24
(f) if the landlord and tenant fail to agree under section 53 to show 25
the premises to prospective purchasers, not more than twice in 26
any period of a week, if the tenant is given not less than 48 hours 27
notice each time. 28
(3) This section does not apply to any part of premises to which the tenant 29
does not have the right of exclusive occupation. 30
(4) This section is a term of every residential tenancy agreement. 31
56 Entry with tenant's consent 32
(1) The landlord, the landlord's agent or any other person authorised by the 33
landlord may enter the residential premises at any time during the 34
residential tenancy agreement with the consent of the tenant. 35
(2) This section is a term of every residential tenancy agreement. 36
Page 28
Residential Tenancies Bill 2010 Clause 57
Rights and obligations of landlords and tenants Part 3
57 Limits on entry by landlord or others without consent 1
(1) A landlord, the landlord's agent or other person who enters residential 2
premises under a right to enter the premises without the consent of the 3
tenant: 4
(a) must enter the premises between the hours of 8.00 am and 5
8.00 pm, and 6
(b) must not enter on a Sunday or a public holiday, and 7
(c) must not stay on the residential premises longer than is necessary 8
to achieve the purpose of the entry to the residential premises, 9
and 10
(d) must, if practicable, notify the tenant of the proposed time and 11
day of entry. 12
(2) A person authorised by the landlord or landlord's agent must not enter 13
residential premises under a right to enter the premises without the 14
consent of the tenant unless: 15
(a) the person first obtains the written consent of the landlord or 16
landlord's agent, and 17
(b) the person produces the consent to the tenant if the tenant is at the 18
premises. 19
(3) This section does not apply to entry: 20
(a) as agreed with the tenant, or 21
(b) in an emergency, or 22
(c) to carry out urgent repairs, or 23
(d) if the landlord forms a reasonable belief that the premises have 24
been abandoned, or 25
(e) in accordance with an order of the Tribunal. 26
(4) This section is a term of every residential tenancy agreement. 27
58 Duty of tenant to give access to residential premises 28
(1) A tenant must permit a landlord, landlord's agent or other person 29
exercising a right of access to the residential premises in accordance 30
with this Division to have access to the premises. 31
(2) This section is a term of every residential tenancy agreement. 32
Page 29
Clause 59 Residential Tenancies Bill 2010
Part 3 Rights and obligations of landlords and tenants
59 Landlord must only enter premises in accordance with Division 1
(1) A landlord, the landlord's agent or other person authorised by the 2
landlord must not enter the residential premises during the residential 3
tenancy agreement, except in accordance with this Division. 4
Maximum penalty: 20 penalty units. 5
(2) This section is a term of every residential tenancy agreement. 6
60 Landlord's remedies relating to access to premises 7
(1) The Tribunal may, on application by a landlord, make any of the 8
following orders: 9
(a) an order authorising the landlord or any other person to enter the 10
residential premises for a purpose permitted under this Division, 11
(b) an order authorising the landlord or any other person to enter the 12
residential premises for the purposes of showing the residential 13
premises to prospective purchasers on a periodic basis, 14
(c) an order authorising the landlord or any other person to enter the 15
residential premises for the purpose of determining whether the 16
tenant has breached a term of the residential tenancy agreement. 17
(2) The order may specify the days and times, and purposes for which, entry 18
to the residential premises is authorised. 19
61 Tenant's remedies relating to access to premises 20
(1) The Tribunal may, on application by a tenant, make an order specifying 21
or limiting the days and times, and purposes for which, entry to the 22
residential premises by a landlord, landlord's agent, agent for the sale of 23
the residential premises or other persons is authorised. 24
(2) The Tribunal may, on application by a tenant, order the landlord or the 25
landlord's agent to pay compensation to the tenant for damage to or loss 26
of the tenant's goods caused by any person in the exercise of a power of 27
the landlord or landlord's agent to enter residential premises under this 28
Act or the residential tenancy agreement. 29
Division 5 Repairs to premises 30
62 Definitions 31
In this Division: 32
residential premises includes everything provided with the premises 33
(whether under the residential tenancy agreement or not) for use by the 34
tenant. 35
Page 30
Residential Tenancies Bill 2010 Clause 63
Rights and obligations of landlords and tenants Part 3
urgent repairs means any work needed to repair any one or more of the 1
following: 2
(a) a burst water service, 3
(b) an appliance, fitting or fixture that uses water or is used to supply 4
water that is broken or not functioning properly, so that a 5
substantial amount of water is being wasted, 6
(c) a blocked or broken lavatory system, 7
(d) a serious roof leak, 8
(e) a gas leak, 9
(f) a dangerous electrical fault, 10
(g) flooding or serious flood damage, 11
(h) serious storm or fire damage, 12
(i) a failure or breakdown of the gas, electricity or water supply to 13
the residential premises, 14
(j) a failure or breakdown of any essential service on the residential 15
premises for hot water, cooking, heating, cooling or laundering, 16
(k) any fault or damage that causes the residential premises to be 17
unsafe or insecure, 18
(l) any other damage prescribed by the regulations, 19
but does not include work needed to repair premises not owned by the 20
landlord or a person having superior title (such as a head landlord) to the 21
landlord. 22
63 Landlord's general obligation 23
(1) A landlord must provide and maintain the residential premises in a 24
reasonable state of repair, having regard to the age of, rent payable for 25
and prospective life of the premises. 26
(2) A landlord's obligation to provide and maintain the residential premises 27
in a reasonable state of repair applies even though the tenant had notice 28
of the state of disrepair before entering into occupation of the residential 29
premises. 30
(3) A landlord is not in breach of the obligation to provide and maintain the 31
residential premises in a reasonable state of repair if the state of 32
disrepair is caused by the tenant's breach of this Part. 33
(4) This section is a term of every residential tenancy agreement. 34
Page 31
Clause 64 Residential Tenancies Bill 2010
Part 3 Rights and obligations of landlords and tenants
64 Urgent repairs to residential premises 1
(1) A landlord must, not later than 14 days after being given a written notice 2
from the tenant, reimburse the tenant for the reasonable costs of making 3
urgent repairs to the residential premises. 4
(2) A landlord is required to reimburse the costs only if: 5
(a) the state of disrepair did not result from a breach of the residential 6
tenancy agreement by the tenant, and 7
(b) the tenant gave the landlord or the landlord's agent notice of the 8
state of disrepair or made a reasonable attempt to do so, and 9
(c) the tenant gave the landlord or landlord's agent a reasonable 10
opportunity to make the repairs, if notice was given, and 11
(d) the tenant has made a reasonable attempt to arrange for a licensed 12
or otherwise properly qualified person nominated in the 13
residential tenancy agreement to carry out the repairs, if such a 14
person is so nominated, and 15
(e) the repairs were carried out, if appropriate, by licensed or 16
otherwise properly qualified persons, and 17
(f) as soon as practicable after the repairs were carried out, the tenant 18
gave the landlord or landlord's agent, or made a reasonable 19
attempt to give the landlord or landlord's agent, a written notice 20
setting out details of the repairs and the costs of the repairs, 21
together with the receipts or copies of receipts for costs paid by 22
the tenant. 23
(3) The maximum amount that a tenant is entitled to be reimbursed under 24
this section is $1,000 or such other amount as may be prescribed by the 25
regulations. 26
(4) Nothing in this section prevents a tenant, with the consent of the 27
landlord, from making repairs to the residential premises and being 28
reimbursed for the costs of those repairs. 29
(5) This section is a term of every residential tenancy agreement. 30
65 Tenants remedies for repairs 31
(1) Orders for which tenant may apply 32
The Tribunal may, on application by a tenant, make any of the following 33
orders: 34
(a) an order that the landlord carry out specified repairs, 35
(b) an order that the landlord reimburse the tenant an amount for 36
urgent repairs carried out by the tenant. 37
Page 32
Residential Tenancies Bill 2010 Clause 66
Rights and obligations of landlords and tenants Part 3
(2) Orders for repairs 1
The Tribunal may make an order that the landlord carry out specified 2
repairs only if it determines that the landlord has breached the 3
obligation under this Act to maintain the residential premises in a 4
reasonable state of repair, having regard to the age of, rent payable for 5
and prospective life of the premises. 6
(3) The Tribunal must not determine that a landlord has breached the 7
obligation unless it is satisfied that: 8
(a) the landlord had notice of the need for the repair or ought 9
reasonably to have known of the need for the repair, and 10
(b) the landlord failed to act with reasonable diligence to have the 11
repair carried out. 12
(4) Reimbursement for urgent repairs 13
The Tribunal may order that the landlord reimburse the tenant an 14
amount for urgent repairs carried out by the tenant if it is satisfied that 15
the landlord has failed to reimburse the tenant for the costs in 16
accordance with this Division. 17
(5) Payment of rent into Tribunal 18
The Tribunal may order that all or part of the rent payable under a 19
residential tenancy agreement be paid into the Tribunal until an order 20
under this section has been complied with. 21
Division 6 Alterations and additions to residential premises 22
66 Tenant must not make alterations to premises without consent 23
(1) A tenant must not, without the landlord's written consent or unless the 24
residential tenancy agreement otherwise permits, install or cause to be 25
installed a fixture or make or cause to be made any renovation, 26
alteration or addition to the residential premises. 27
(2) A landlord must not unreasonably withhold consent to a fixture, or to an 28
alteration, addition or renovation that is of a minor nature. 29
(3) A landlord may withhold consent to any other action by the tenant that 30
is permitted under this section whether or not it is reasonable to do so. 31
(4) A fixture installed by or on behalf of the tenant, or any renovation, 32
alteration or addition to the residential premises by or on behalf of the 33
tenant, is to be at the cost of the tenant, unless the landlord otherwise 34
agrees. 35
(5) This section is a term of every residential tenancy agreement. 36
Page 33
Clause 67 Residential Tenancies Bill 2010
Part 3 Rights and obligations of landlords and tenants
67 Removal of fixtures installed by tenant 1
(1) A tenant may, at the tenant's cost and before the tenant gives vacant 2
possession of the residential premises, remove any fixture that was 3
installed by the tenant in accordance with this Act or the residential 4
tenancy agreement. 5
(2) A tenant must notify the landlord of any damage caused by removing a 6
fixture and must repair the damage or compensate the landlord for the 7
landlord's reasonable expenses of repairing the damage. 8
(3) Despite subsection (1), a tenant is not entitled to remove a fixture 9
without the consent of the landlord if the fixture was installed at the 10
landlord's expense or the landlord provided the tenant with a benefit 11
equivalent to the cost of the fixture. 12
(4) This section is a term of every residential tenancy agreement. 13
68 Tenants' remedies for alterations 14
(1) The Tribunal may, on application by a tenant, make any of the following 15
orders, if the landlord fails to consent: 16
(a) an order that the tenant may install a fixture or make a renovation, 17
alteration or addition to the residential premises, 18
(b) an order that the tenant is entitled to remove a fixture installed by 19
the tenant. 20
(2) The Tribunal may order that the tenant may install a fixture or make a 21
renovation, alteration or addition to the residential premises only if it is 22
satisfied: 23
(a) that the landlord's failure to give consent is unreasonable, and 24
(b) if the consent is to a renovation, alteration or addition, that it is of 25
a minor nature. 26
(3) The Tribunal may determine that a landlord's failure to consent is 27
reasonable in any of the following circumstances (but is not limited to 28
those circumstances for such a determination): 29
(a) if the work involves structural changes, 30
(b) if the work involves work that would not be reasonably capable 31
of rectification, repair or removal, 32
(c) if the work involves internal or external painting of the residential 33
premises, 34
(d) if the work is prohibited under any other law, 35
(e) if the work is not consistent with the nature of the property. 36
Page 34
Residential Tenancies Bill 2010 Clause 69
Rights and obligations of landlords and tenants Part 3
69 Landlords' remedies for alterations 1
(1) The Tribunal may, on application by a landlord, make any of the 2
following orders: 3
(a) an order prohibiting the tenant from removing a fixture, 4
(b) an order that the tenant compensate the landlord for the cost of 5
rectifying work done by or on behalf of the tenant on the 6
residential premises. 7
(2) The Tribunal may make an order under subsection (1) (b) only if the 8
Tribunal is satisfied that: 9
(a) the work was not done to a satisfactory standard, or 10
(b) the work, if not rectified, is likely to adversely affect the 11
landlord's ability to let the residential premises to other tenants. 12
(3) The Tribunal may make an order that the tenant compensate the 13
landlord for the cost of rectifying work done by or on behalf of the 14
tenant whether or not the landlord consented to the carrying out of the 15
work. 16
Division 7 Security and safety of residential premises 17
70 Locks and other security devices 18
(1) A landlord must provide and maintain the locks or other security 19
devices necessary to ensure that the residential premises are reasonably 20
secure. 21
(2) A landlord or landlord's agent must give to each tenant named in the 22
residential tenancy agreement a copy of the key or any other opening 23
device or information required to open a lock or security device for the 24
residential premises or common property to which the tenant is entitled 25
to have access. 26
(3) The initial copies are to be provided free of charge but the landlord may 27
recover from a tenant the cost of providing replacement or additional 28
copies. 29
(4) This section is a term of every residential tenancy agreement. 30
Note. Section 191 provides for matters to be considered by the Tribunal when 31
determining an action for a breach of this Division. 32
71 Changes of locks and other security devices 33
(1) A landlord or tenant may alter, remove or add or cause or permit the 34
alteration, removal or addition of a lock or other security device for the 35
residential premises only if: 36
(a) the other party agrees, or 37
Page 35
Clause 72 Residential Tenancies Bill 2010
Part 3 Rights and obligations of landlords and tenants
(b) with a reasonable excuse. 1
(2) Without limiting what is a reasonable excuse, it is a reasonable excuse 2
that a lock or other security device was altered, removed or added: 3
(a) in an emergency, or 4
(b) in accordance with an order of the Tribunal, or 5
(c) after the tenancy of a co-tenant was terminated, or 6
(d) after a tenant or occupant of residential premises was prohibited 7
from having access to the residential premises by an apprehended 8
violence order. 9
(3) If a lock or other security device is altered, removed or added by a 10
landlord or the tenant without the consent of the other party, it is 11
presumed, in the absence of evidence to the contrary, that it was altered, 12
removed or added by the landlord or tenant without reasonable excuse. 13
(4) A landlord or tenant who contravenes subsection (1) is guilty of an 14
offence. 15
Maximum penalty: 20 penalty units. 16
(5) This section is a term of every residential tenancy agreement. 17
72 Copies of changed locks and other security devices to be given to other 18
party 19
(1) A copy of the key or any other opening device or information required 20
to open a lock or other security device that is altered, added or removed 21
by a landlord or tenant must be given to the other party not later than 22
7 days after it is altered, added or removed, unless: 23
(a) the other party agrees, or 24
(b) the Tribunal authorises a copy not to be given. 25
(2) This section does not require a copy of a key or other opening device or 26
information to be given to a person who is prohibited from having 27
access to the residential premises by an apprehended violence order. 28
(3) This section is a term of every residential tenancy agreement. 29
73 Remedies for security of residential premises 30
The Tribunal may, on application by a landlord or tenant, make any of 31
the following orders if it thinks it reasonable in the circumstances to 32
do so: 33
(a) an order authorising the landlord or tenant to alter, remove or add 34
or cause or permit the alteration, removal or addition of a lock or 35
other security device, 36
Page 36
Residential Tenancies Bill 2010 Clause 73
Rights and obligations of landlords and tenants Part 3
(b) an order authorising the landlord or tenant to refuse to give to the 1
other party a copy of a key or any other opening device or 2
information, 3
(c) an order requiring a copy of a key or any other opening device or 4
information to be given to the landlord or tenant. 5
Page 37
Clause 74 Residential Tenancies Bill 2010
Part 4 Changes of tenant and landlord
Part 4 Changes of tenant and landlord 1
74 Transfer of tenancy or sub-letting by tenant 2
(1) A tenant may transfer the tenancy under a residential tenancy agreement 3
to another person or sub-let the premises to another person, if the 4
landlord gives written consent to the transfer or sub-letting. 5
(2) The landlord must not charge for giving consent to a transfer or 6
sub-letting, other than for the reasonable expenses of giving consent. 7
(3) This section is a term of every residential tenancy agreement. 8
75 Consent to transfer of tenancy or sub-letting 9
(1) No requirement for reasonable refusal for whole transfer or 10
sub-letting 11
The landlord may withhold consent to a transfer or sub-letting relating 12
to the whole tenancy or residential premises whether or not it is 13
reasonable to do so. 14
(2) Consent must not be unreasonably withheld for partial transfer or 15
sub-letting 16
The landlord must not unreasonably withhold consent to a transfer of a 17
tenancy or sub-letting of premises if the transfer results only in one or 18
more tenants in addition to an original tenant under the residential 19
tenancy agreement or the partial sub-letting of the residential premises 20
occupied by the tenant. 21
(3) Without limiting subsection (2), the landlord is entitled to withhold 22
consent if: 23
(a) the number of proposed occupants is more than the number 24
permitted by the residential tenancy agreement or any applicable 25
consent or approval under the Environmental Planning and 26
Assessment Act 1979, or 27
(b) the proposed tenant or sub-tenant is listed on a residential tenancy 28
database in accordance with this Act, or 29
(c) the landlord is reasonably of the opinion that the transfer or 30
sub-letting would result in the residential premises being 31
overcrowded. 32
(4) Subsections (1)(3) are terms of every residential tenancy agreement. 33
Subsections (2) and (3) do not apply if the landlord is a social housing 34
provider. 35
Page 38
Residential Tenancies Bill 2010 Clause 76
Changes of tenant and landlord Part 4
(5) Remedy if landlord refuses consent 1
The Tribunal may, on application by a tenant, order that the tenant may 2
transfer a tenancy or sub-let residential premises as referred to in 3
subsection (2) if the Tribunal is of the opinion that the landlord's failure 4
to consent is unreasonable. 5
76 Notice of sale of residential premises by landlord 6
(1) This section applies if residential premises subject to a tenancy are sold. 7
(2) The landlord, landlord's agent or other person authorised by the 8
landlord must give the tenant a notice of the sale containing the 9
following: 10
(a) the name of the purchaser, 11
(b) a direction that the tenant pay all future rent to the purchaser. 12
Note. For the effect of such a notice on requirements at law for an attornment, 13
see section 125 of the Conveyancing Act 1919. 14
77 Recognition of certain persons as tenants 15
(1) The Tribunal may, on application by a person who is occupying 16
residential premises, make an order recognising the person as a tenant 17
under a residential tenancy agreement or join the person as a party to 18
any proceedings relating to the premises, or both. 19
(2) The Tribunal may make an order if: 20
(a) the sole tenant under the residential tenancy agreement to which 21
the premises are subject has died, or 22
(b) the tenant no longer occupies the premises. 23
(3) An order under this section may: 24
(a) vest a tenancy over the residential premises in the occupant on 25
such of the terms of the previous residential tenancy agreement 26
as the Tribunal thinks appropriate, having regard to the 27
circumstances of the case, and 28
(b) vest the tenancy from a date that is earlier than the order. 29
(4) An application for an order under this section may be made at the same 30
time as any other application or during proceedings before the Tribunal 31
or independently of any such other application or proceedings. 32
(5) This section does not apply if the landlord is a social housing provider. 33
78 Death of co-tenant 34
(1) On the death of a co-tenant leaving one or more other co-tenants under 35
a residential tenancy agreement, the remaining co-tenants may continue 36
Page 39
Clause 79 Residential Tenancies Bill 2010
Part 4 Changes of tenant and landlord
the tenancy or give the landlord a termination notice that has a 1
termination date not earlier than 21 days after the day on which the 2
notice is given. 3
(2) If a tenancy is continued under this section, the remaining co-tenants are 4
taken to be the only tenants under the residential tenancy agreement on 5
and from the death of the deceased tenant. 6
(3) This section applies whether or not the fixed term of the residential 7
tenancy agreement has ended if it is a fixed term agreement. 8
79 Change of tenants after AVO 9
(1) Termination of tenancy 10
On the making of a final apprehended violence order that prohibits a 11
co-tenant or a tenant from having access to the residential premises, the 12
tenancy of that co-tenant or tenant under the residential tenancy 13
agreement is terminated. Such a termination does not affect the tenancy 14
of any co-tenant not subject to the order. 15
(2) Tribunal may recognise occupant as tenant after AVO 16
The Tribunal may, on application by a remaining occupant or co-tenant, 17
make an order recognising the remaining occupant as a tenant under the 18
residential tenancy agreement, if the tenant, or a co-tenant or a former 19
tenant or co-tenant is prohibited by a final apprehended violence order 20
from having access to the residential premises. 21
(3) Orders 22
An order under this section may vest a tenancy over the residential 23
premises in an occupant on such of the terms of the previous residential 24
tenancy agreement as the Tribunal thinks appropriate having regard to 25
the circumstances of the case. 26
(4) An application for an order under this section may be made at the same 27
time as any other application or during proceedings before the Tribunal 28
or independently of any such other application or proceedings. 29
(5) A Tribunal may not make an order under this section in respect of a 30
social housing tenancy agreement unless the remaining occupant meets 31
any applicable eligibility requirements of the social housing provider 32
for tenancy of the premises. 33
Page 40
Residential Tenancies Bill 2010 Clause 80
Termination of residential tenancy agreements Part 5
Part 5 Termination of residential tenancy agreements 1
Division 1 Termination of residential tenancy agreements 2
generally 3
80 Definitions 4
In this Part: 5
non-payment termination notice--see section 88. 6
termination date means the day specified in a termination notice as the 7
day on which the residential tenancy agreement is terminated and by 8
which vacant possession of the residential premises is to be given. 9
termination notice means a notice terminating a residential tenancy 10
agreement. 11
termination order means an order terminating a residential tenancy 12
agreement together with an order for possession of the residential 13
premises. 14
81 Circumstances of termination of residential tenancies 15
(1) Termination only as set out in Act 16
A residential tenancy agreement terminates only in the circumstances 17
set out in this Act. 18
(2) Termination by notice and vacant possession 19
A residential tenancy agreement terminates if a landlord or tenant gives 20
a termination notice in accordance with this Act and the tenant gives 21
vacant possession of the residential premises. 22
(3) Termination by order of Tribunal 23
A residential tenancy agreement terminates if the Tribunal makes an 24
order terminating the agreement under this Act. 25
(4) Other legal reasons for termination 26
A residential tenancy agreement terminates if any of the following 27
occurs: 28
(a) a person having superior title (such as a head landlord) to that of 29
the landlord becomes entitled to possession of the residential 30
premises, 31
(b) a mortgagee of the residential premises becomes entitled to 32
possession of the premises to the exclusion of the tenant, 33
(c) a person who succeeds to the title of the landlord becomes 34
entitled to possession of the residential premises to the exclusion 35
of the tenant, 36
Page 41
Clause 82 Residential Tenancies Bill 2010
Part 5 Termination of residential tenancy agreements
(d) the tenant abandons the residential premises, 1
(e) the tenant gives up possession of the residential premises with the 2
landlord's consent, whether or not that consent is subsequently 3
withdrawn, 4
(f) the interests of the landlord and tenant become vested in the one 5
person (merger), 6
(g) disclaimer occurs (such as when the tenant's repudiation of the 7
tenancy is accepted by the landlord). 8
82 Termination notices 9
(1) A termination notice must set out the following matters: 10
(a) the residential premises concerned, 11
(b) the day on which the residential tenancy agreement is terminated 12
and by which vacant possession of the premises is to be given, 13
(c) if the notice is not given under section 84, 85, 96 or 97, the 14
ground for the notice, 15
(d) any other matters prescribed by the regulations. 16
(2) A termination notice must be in writing and be signed by the party 17
giving the notice or the party's agent. 18
(3) A termination notice for a periodic agreement may specify a day other 19
than the last day of a period for the payment of rent as the termination 20
date. 21
83 Termination orders 22
(1) If the Tribunal makes an order terminating a residential tenancy 23
agreement under this Act, it must also make an order for possession of 24
the residential premises specifying the day on which the order takes or 25
took effect. 26
(2) An application to the Tribunal by a landlord for a termination order: 27
(a) must be made after the termination date specified in the relevant 28
termination notice and within the period prescribed by the 29
regulations, and 30
(b) must be made only if vacant possession of the premises is not 31
given as required by the notice. 32
Page 42
Residential Tenancies Bill 2010 Clause 84
Termination of residential tenancy agreements Part 5
Division 2 Termination by landlord 1
84 End of residential tenancy agreement at end of fixed term tenancy 2
(1) A landlord may, at any time before the end of the fixed term of a fixed 3
term agreement, give a termination notice for the agreement that is to 4
take effect on or after the end of the fixed term. 5
(2) The termination notice must specify a termination date that is on or after 6
the end of the fixed term and not earlier than 30 days after the day on 7
which the notice is given. 8
(3) The Tribunal must, on application by a landlord, make a termination 9
order if it is satisfied that a termination notice was given in accordance 10
with this section and the tenant has not vacated the premises as required 11
by the notice. 12
(4) This section does not apply to a residential tenancy agreement if the 13
tenant has been in continual possession of the same residential premises 14
for a period of 20 years or more and the fixed term of the original fixed 15
term agreement has ended. 16
85 Termination of periodic agreement 17
(1) A landlord may, at any time, give a termination notice for a periodic 18
agreement. 19
(2) The termination notice must specify a termination date that is not earlier 20
than 90 days after the day on which the notice is given. 21
(3) The Tribunal must, on application by a landlord, make a termination 22
order if it is satisfied that a termination notice was given in accordance 23
with this section and the tenant has not vacated the premises as required 24
by the notice. 25
(4) This section does not apply to a residential tenancy agreement if the 26
tenant has been in continual possession of the same residential premises 27
for a period of 20 years or more. 28
86 Sale of premises 29
(1) A landlord may give a termination notice on the ground that the landlord 30
has entered into a contract for the sale of the residential premises under 31
which the landlord is required to give vacant possession of the premises. 32
(2) The termination notice must specify a termination date that is not earlier 33
than 30 days after the day on which the notice is given. 34
(3) The landlord must not give a termination notice under this section that 35
specifies a termination date that is before the end of the fixed term if the 36
residential tenancy agreement is a fixed term agreement. 37
Page 43
Clause 87 Residential Tenancies Bill 2010
Part 5 Termination of residential tenancy agreements
(4) The Tribunal may, on application by a landlord, make a termination 1
order if it is satisfied that: 2
(a) the landlord has entered into a contract for the sale of the 3
residential premises that is proceeding under which the landlord 4
is required to give vacant possession of the premises, and 5
(b) a termination notice was given in accordance with this section 6
and the tenant has not vacated the premises as required by the 7
notice. 8
87 Breach of agreement 9
(1) A landlord may give a termination notice on the ground that the tenant 10
has breached the residential tenancy agreement. 11
(2) The termination notice must specify a termination date that is not earlier 12
than 14 days after the day on which the notice is given. 13
(3) The termination notice may specify a termination date that is before the 14
end of the fixed term of the residential tenancy agreement if it is a fixed 15
term agreement. 16
(4) The Tribunal may, on application by a landlord, make a termination 17
order if it is satisfied that: 18
(a) the tenant has breached the residential tenancy agreement, and 19
(b) the breach is, in the circumstances of the case, sufficient to justify 20
termination of the agreement, and 21
(c) the termination notice was given in accordance with this section 22
and the tenant has not vacated the premises as required by the 23
notice. 24
(5) In considering the circumstances of the case, the Tribunal may consider 25
(but is not limited to considering) the following: 26
(a) the nature of the breach, 27
(b) any previous breaches, 28
(c) any steps taken by the tenant to remedy the breach, 29
(d) any steps taken by the landlord about the breach, 30
(e) the previous history of the tenancy. 31
(6) The Tribunal may refuse to make a termination order if it is satisfied that 32
the tenant has remedied the breach. 33
Note. Section 152 sets out additional matters to be considered if the residential 34
tenancy agreement is a social housing tenancy agreement. 35
Page 44
Residential Tenancies Bill 2010 Clause 88
Termination of residential tenancy agreements Part 5
88 Termination notices for non-payment of rent 1
(1) A termination notice given by a landlord on the ground of a breach of 2
the residential tenancy agreement solely arising from failure to pay rent 3
(a non-payment termination notice) has no effect unless the rent has 4
remained unpaid in breach of the agreement for not less than 14 days 5
before the notice is given. 6
(2) A non-payment termination notice is not ineffective merely because of 7
any failure of the landlord or the landlord's agent to make a prior formal 8
demand for payment of the rent. 9
(3) A non-payment termination notice must inform the tenant that the 10
tenant is not required to vacate the residential premises if the tenant pays 11
all the rent owing or enters into, and fully complies with, a repayment 12
plan agreed with the landlord. 13
(4) Despite any other provision of this Part, a landlord may apply to the 14
Tribunal for a termination order before the termination date specified in 15
a non-payment termination notice. The Tribunal must not consider any 16
such application until after the termination date. 17
89 Termination and repossession on ground of non-payment of rent 18
(1) This section applies if a landlord gives a tenant a non-payment 19
termination notice. 20
(2) The Tribunal must not make a termination order on the ground set out 21
in the notice if the tenant pays all the rent owing or enters into, and fully 22
complies with, a repayment plan agreed with the landlord. 23
(3) A termination of the residential tenancy agreement solely on the ground 24
of non-payment of rent, and any warrant for possession issued as a 25
result of any order for possession, cease to have effect if the tenant pays 26
all the rent owing or enters into, and fully complies with, a repayment 27
plan agreed with the landlord and the tenant has not vacated the 28
residential premises. 29
(4) If a tenant repays all the rent owing or enters into, and fully complies 30
with, a repayment plan agreed with the landlord, the landlord must 31
notify: 32
(a) the Tribunal, if the landlord has applied to the Tribunal for a 33
termination order on the ground of non-payment of rent and the 34
application has not been finally dealt with, or 35
(b) the Sheriff, if a termination order has been made and a warrant for 36
possession of the residential premises has been issued but has not 37
been enforced by the Sheriff. 38
Maximum penalty: 20 penalty units. 39
Page 45
Clause 90 Residential Tenancies Bill 2010
Part 5 Termination of residential tenancy agreements
(5) The Tribunal may, on application by a landlord, make a termination 1
order despite subsection (2) or (3) if it is satisfied that the tenant has 2
frequently failed to pay rent owing for the residential premises on or 3
before the day set out in the residential tenancy agreement. 4
90 Serious damage or injury by tenant or other occupant 5
(1) The Tribunal may, on application by a landlord, make a termination 6
order if it is satisfied that the tenant, or any person who although not a 7
tenant is occupying or jointly occupying the residential premises, has 8
intentionally or recklessly caused or permitted: 9
(a) serious damage to the residential premises or any neighbouring 10
property (including any property available for use by the tenant 11
in common with others), or 12
(b) injury to the landlord, the landlord's agent, an employee or 13
contractor of the landlord or the landlord's agent, or an occupier 14
or person on neighbouring property or premises used in common 15
with the tenant. 16
(2) The termination order may specify that the order for possession takes 17
effect immediately. 18
(3) A landlord may make an application under this section without giving 19
the tenant a termination notice. 20
(4) The Tribunal may make a termination order under this section that takes 21
effect before the end of the fixed term if the residential tenancy 22
agreement is a fixed term agreement. 23
(5) In this section: 24
neighbouring property means: 25
(a) property adjoining or adjacent to the residential premises, or 26
(b) property owned by the landlord in the general locality of the 27
residential premises. 28
91 Use of premises for illegal purposes 29
(1) The Tribunal may, on application by a landlord, make a termination 30
order if it is satisfied that the tenant, or any person who although not a 31
tenant is occupying or jointly occupying the residential premises, has 32
intentionally or recklessly caused or permitted: 33
(a) the use of the residential premises or any property adjoining or 34
adjacent to the premises (including any property that is available 35
for use by the tenant in common with others) for the purposes of 36
the manufacture, sale, cultivation or supply of any prohibited 37
drug within the meaning of the Drug Misuse and Trafficking Act 38
1985, or 39
Page 46
Residential Tenancies Bill 2010 Clause 92
Termination of residential tenancy agreements Part 5
(b) the use of the residential premises for any other unlawful purpose 1
and that the use is sufficient to justify the termination. 2
(2) In considering whether to make a termination order on the ground 3
specified in subsection (1) (b), the Tribunal may consider (but is not 4
limited to considering) the following: 5
(a) the nature of the unlawful use, 6
(b) any previous unlawful uses, 7
(c) the previous history of the tenancy. 8
(3) The termination order may specify that the order for possession takes 9
effect immediately. 10
(4) A landlord may make an application under this section without giving 11
the tenant a termination notice. 12
(5) The Tribunal may make a termination order under this section that takes 13
effect before the end of the fixed term if the residential tenancy 14
agreement is a fixed term agreement. 15
92 Tribunal may terminate residential tenancy agreement for threat, abuse, 16
intimidation or harassment 17
(1) The Tribunal may, on application by a landlord, make a termination 18
order if it is satisfied that the tenant, or any person who although not a 19
tenant is occupying or jointly occupying the residential premises, has: 20
(a) seriously or persistently threatened or abused the landlord, the 21
landlord's agent or any employee or contractor of the landlord or 22
landlord's agent, or caused or permitted any such threats, abuse 23
or conduct, or 24
(b) intentionally engaged, or intentionally caused or permitted 25
another person to engage, in conduct in relation to any such 26
person that would be reasonably likely to cause the person to be 27
intimidated or harassed (whether or not any abusive language or 28
threat has been directed towards the person). 29
(2) The termination order may specify that the order for possession takes 30
effect immediately. 31
(3) A landlord may make an application under this section without giving 32
the tenant a termination notice. 33
(4) The Tribunal may make a termination order under this section that takes 34
effect before the end of the fixed term if the residential tenancy 35
agreement is a fixed term agreement. 36
Page 47
Clause 93 Residential Tenancies Bill 2010
Part 5 Termination of residential tenancy agreements
93 Hardship to landlord 1
(1) The Tribunal may, on application by a landlord, make a termination 2
order if it is satisfied that the landlord would, in the special 3
circumstances of the case, suffer undue hardship if the residential 4
tenancy agreement were not terminated. 5
(2) The Tribunal may, if it thinks fit, also order the landlord to pay 6
compensation to the tenant for the tenant's loss of the tenancy. 7
(3) The tenant must take all reasonable steps to mitigate the loss and is not 8
entitled to compensation for any loss that could have been reasonably 9
avoided by the tenant. 10
(4) A landlord may make an application under this section without giving 11
the tenant a termination notice. 12
(5) The Tribunal may make a termination order under this section that takes 13
effect before the end of the fixed term if the residential tenancy 14
agreement is a fixed term agreement. 15
94 Termination of long term tenancies 16
(1) The Tribunal may, on application by a landlord, make a termination 17
order for a residential tenancy agreement: 18
(a) if the tenant has been in continual possession of the same 19
residential premises for a period of 20 years or more, and 20
(b) if the tenant occupied the premises under a fixed term agreement, 21
the fixed term of the original agreement has expired, and 22
(c) if the Tribunal is satisfied that it is appropriate to do so in the 23
circumstances of the case. 24
(2) A landlord may make an application under this section without giving 25
the tenant a termination notice. 26
(3) The Tribunal must not make a termination order under this section that 27
specifies a termination date that is before the end of the fixed term if the 28
residential tenancy agreement is a fixed term agreement. 29
(4) The Tribunal, in determining the day on which vacant possession of the 30
residential premises is to be given to the landlord, must not order that 31
vacant possession be given earlier than 90 days after the order is made. 32
95 Occupants remaining in residential premises 33
(1) This section applies if the tenant under a residential tenancy agreement 34
who occupied or partly occupied the residential premises with another 35
occupant no longer resides in the residential premises and the residential 36
tenancy agreement has been terminated. 37
Page 48
Residential Tenancies Bill 2010 Clause 96
Termination of residential tenancy agreements Part 5
(2) The landlord may give any remaining occupant of the residential 1
premises a notice requiring the occupant to give vacant possession of 2
the premises within a period of not less than 14 days. 3
(3) The Tribunal may, on application by a landlord, make an order for 4
possession of the residential premises specifying the day on which the 5
order for possession takes effect if it is satisfied that: 6
(a) notice was given in accordance with this section, and 7
(b) the occupant has not vacated the premises, and 8
(c) the tenant no longer resides in the premises. 9
Division 3 Termination by tenant 10
96 End of fixed term agreement 11
(1) A tenant may, at any time before the end of the fixed term of a fixed 12
term agreement, give a termination notice for the agreement that is to 13
take effect on or after the end of the fixed term. 14
(2) The termination notice must specify a termination date that is on or after 15
the end of the fixed term and is not earlier than 14 days after the day on 16
which the notice is given. 17
97 Termination of periodic agreement by tenant 18
(1) A tenant may, at any time, give a termination notice for a periodic 19
agreement. 20
(2) The termination notice must specify a termination date that is not earlier 21
than 21 days after the day on which the notice is given. 22
98 Breach of agreement--termination notice by tenant 23
(1) A tenant may give a termination notice on the ground that the landlord 24
has breached the residential tenancy agreement. 25
(2) The termination notice must specify a termination date that is not earlier 26
than 14 days after the day on which the notice is given. 27
(3) The termination notice may specify a termination date that is before the 28
end of the fixed term of the residential tenancy agreement if it is a fixed 29
term agreement. 30
Page 49
Clause 99 Residential Tenancies Bill 2010
Part 5 Termination of residential tenancy agreements
(4) The Tribunal may, on application by a landlord made before the 1
termination date and within the period prescribed by the regulations, 2
revoke a termination notice by a tenant if satisfied that the landlord has 3
remedied the breach and that it is appropriate, in the circumstances of 4
the case, to continue the tenancy. 5
Note. The tenant may apply directly to the Tribunal on the ground of breach by 6
the landlord for a termination order without first giving notice (see section 103). 7
99 Rent increases during long-term fixed term leases--termination notice 8
by tenant 9
(1) This section applies to a fixed term agreement for a fixed term of more 10
than 2 years. 11
(2) A tenant may give a termination notice on the ground that the rent has 12
been increased. 13
(3) The termination notice must specify a termination date that is not earlier 14
than 21 days after the day on which the notice is given and must be 15
given before the rent increase takes effect. 16
(4) The termination notice may specify a termination date that is before the 17
end of the fixed term. 18
(5) The tenant is not liable to pay any compensation or other additional 19
amount for the early termination of the agreement. 20
100 Early termination without compensation to landlord 21
(1) A tenant may give a termination notice for a fixed term agreement on 22
any of the following grounds: 23
(a) that the tenant has been offered, and accepted, accommodation in 24
social housing premises, 25
(b) that the tenant has accepted a place in an aged care facility or 26
requires care in such a facility, 27
(c) that the landlord has notified the tenant of the landlord's intention 28
to sell the residential premises and did not disclose the proposed 29
sale before entering into the residential tenancy agreement, 30
(d) that a co-tenant or occupant or former co-tenant or occupant is 31
prohibited by a final apprehended violence order from having 32
access to the residential premises. 33
(2) The termination notice must specify a termination date that is not earlier 34
than 14 days after the day on which the notice is given. 35
(3) The termination notice may specify a termination date that is before the 36
end of the fixed term of the residential tenancy agreement. 37
Page 50
Residential Tenancies Bill 2010 Clause 101
Termination of residential tenancy agreements Part 5
(4) The tenant is not liable to pay any compensation or other additional 1
amount for the early termination of the agreement. 2
101 Termination by co-tenant of own tenancy 3
(1) A co-tenant may give a termination notice to the landlord and each other 4
co-tenant if the fixed term of the residential tenancy agreement has 5
ended or the agreement is a periodic agreement. 6
(2) The termination notice must specify a termination date that is not earlier 7
than 21 days after the day on which the notice is given. 8
(3) A co-tenant ceases to be a tenant under the residential tenancy 9
agreement on the termination date if the co-tenant gives a termination 10
notice in accordance with this section and vacates the residential 11
premises. 12
(4) The Tribunal may, on application by a co-tenant, make a termination 13
order for the residential tenancy agreement if it is satisfied that a 14
termination notice was given by another co-tenant in accordance with 15
this section. 16
102 Termination of agreement or co-tenancies by Tribunal 17
(1) The Tribunal may, on application by a co-tenant, make any of the 18
following orders: 19
(a) an order terminating the tenancy of the co-tenant or another 20
co-tenant under the residential tenancy agreement from a date 21
specified in the order, 22
(b) an order terminating the residential tenancy agreement, 23
(c) any necessary ancillary orders relating to the residential tenancy 24
agreement or liabilities under that agreement. 25
(2) The Tribunal may make an order under this section if it is of the opinion 26
that it is appropriate to do so in the special circumstances of the case. 27
(3) If the Tribunal terminates the tenancy of one or more, but not all, of the 28
co-tenants under the residential tenancy agreement, the Tribunal must 29
specify the day on which the tenants whose tenancies are terminated 30
must vacate the residential premises. 31
(4) The Tribunal may order a co-tenant under a residential tenancy 32
agreement that is terminated under this section before the end of the 33
fixed term of a fixed term agreement to pay an amount, not exceeding 34
the applicable break fee for the tenancy specified in section 107. 35
(5) The Tribunal may make a termination order under this section that takes 36
effect before the end of the fixed term if the residential tenancy 37
agreement is a fixed term agreement. 38
Page 51
Clause 103 Residential Tenancies Bill 2010
Part 5 Termination of residential tenancy agreements
(6) The Tribunal must give the landlord notice of an application under this 1
section. The landlord has a right to be heard in the proceedings. 2
(7) An application may be made under this section whether or not a 3
termination notice has been given under section 101. 4
103 Breach of agreement--termination by Tribunal 5
(1) The Tribunal may, on application by a tenant, make a termination order 6
if it is satisfied that: 7
(a) the landlord has breached the residential tenancy agreement, and 8
(b) the breach is, in the circumstances of the case, sufficient to justify 9
termination of the agreement. 10
(2) In considering the circumstances of the case, the Tribunal may consider 11
(but is not limited to considering) the following: 12
(a) the nature of the breach, 13
(b) any previous breaches, 14
(c) any steps taken by the landlord to remedy the breach, 15
(d) any steps taken by the tenant about the breach, 16
(e) the previous history of the tenancy. 17
(3) The Tribunal may refuse to make a termination order if it is satisfied that 18
the landlord has remedied the breach. 19
(4) A tenant may make an application under this section without giving the 20
landlord a termination notice. 21
(5) The Tribunal may make a termination order under this section that takes 22
effect before the end of the fixed term if the residential tenancy 23
agreement is a fixed term agreement. 24
104 Hardship to tenant--fixed term agreements 25
(1) The Tribunal may, on application by a tenant, make a termination order 26
for a fixed term agreement if it is satisfied that the tenant would, in the 27
special circumstances of the case, suffer undue hardship if the 28
residential tenancy agreement were not terminated. 29
(2) The Tribunal may, if it thinks fit, also order the tenant to pay 30
compensation to the landlord for the landlord's loss of the tenancy. The 31
amount of compensation must not exceed the amount specified as the 32
applicable break fee for the tenancy under section 107. 33
(3) The landlord must take all reasonable steps to mitigate the loss and is 34
not entitled to compensation for any loss that could have been 35
reasonably avoided by the landlord. 36
Page 52
Residential Tenancies Bill 2010 Clause 105
Termination of residential tenancy agreements Part 5
(4) A tenant may make an application under this section without giving the 1
landlord a termination notice. 2
(5) The Tribunal may make a termination order under this section that takes 3
effect before the end of the fixed term if the residential tenancy 4
agreement is a fixed term agreement. 5
105 Termination by Tribunal on landlord's application after termination 6
notice given by tenant 7
The Tribunal may, on application by a landlord, make a termination 8
order if it is satisfied that: 9
(a) a termination notice was given by a tenant in accordance with this 10
Division, and 11
(b) the tenant did not revoke the termination notice before the 12
termination date, and 13
(c) the tenant has not vacated the residential premises as required by 14
the notice. 15
Division 4 Abandonment of residential premises 16
106 Abandoned premises 17
(1) The Tribunal may, on application by a landlord, make an order 18
declaring that the tenant abandoned the residential premises on a 19
specified day. 20
(2) The tenant is taken to have abandoned the residential premises on the 21
specified day. 22
(3) The landlord may take immediate possession of residential premises 23
that have been abandoned by the tenant if there are no remaining 24
occupants. 25
Note. The residential tenancy agreement is terminated if a tenant abandons the 26
residential premises (see section 81 (4) (d)). 27
(4) In determining whether a tenant has abandoned the residential premises 28
the Tribunal may consider (but is not limited to considering) the 29
following: 30
(a) the failure by the tenant to pay rent under the residential tenancy 31
agreement, 32
(b) any evidence that the tenant no longer resides at the premises, 33
(c) any failure by the tenant to carry out any obligations relating to 34
the residential premises under the residential tenancy agreement. 35
Page 53
Clause 107 Residential Tenancies Bill 2010
Part 5 Termination of residential tenancy agreements
107 Landlord's remedies on abandonment 1
(1) The Tribunal may, on application by a landlord, order a tenant to pay 2
compensation to the landlord for any loss (including loss of rent) caused 3
by the abandonment of the residential premises by the tenant. 4
(2) The landlord must take all reasonable steps to mitigate the loss and is 5
not entitled to compensation for any loss that could have been avoided 6
by taking those steps. 7
(3) The compensation payable by a tenant under this section in respect of a 8
fixed term agreement is limited to the amount of the applicable break 9
fee for the tenancy, if the agreement provides for such a limitation. 10
(4) The break fee for a fixed term agreement for a fixed term of not more 11
than 3 years is: 12
(a) an amount equal to 6 weeks rent if less than half of the fixed term 13
had expired when the premises were abandoned, or 14
(b) an amount equal to 4 weeks rent in any other case. 15
(5) The break fee for a fixed term agreement for a fixed term of more than 16
3 years is the amount set out in subsection (4) or, if an amount is 17
specified in the agreement, the amount specified. An agreement must 18
not specify a break fee exceeding the amount (if any) specified by the 19
regulations. 20
(6) The amount of any money paid by a tenant to a landlord on terminating 21
a fixed term agreement before the end of the fixed term or before 22
otherwise abandoning the premises (other than money previously due to 23
the landlord under the residential tenancy agreement) is to be deducted 24
from any amount payable to the landlord under this section. 25
(7) This section does not prevent a landlord from obtaining an occupation 26
fee under Division 2 of Part 6 for goods left on the residential premises. 27
Division 5 Termination by events 28
108 Death of tenant 29
(1) On the death of the sole tenant under a residential tenancy agreement, 30
either the landlord or the legal personal representative of the tenant may 31
give a termination notice to the other person. 32
(2) The termination notice may specify a termination date that is before the 33
end of any fixed term of the residential tenancy agreement if it is a fixed 34
term agreement. 35
(3) The Tribunal may, on application by a landlord or the legal personal 36
representative of the deceased tenant, make a termination order if it is 37
satisfied that a termination notice was given in accordance with this 38
Page 54
Residential Tenancies Bill 2010 Clause 109
Termination of residential tenancy agreements Part 5
section and that vacant possession of the residential premises has not 1
been given as required by the notice. 2
(4) The legal personal representative of a deceased tenant who is given a 3
termination notice by the landlord may give vacant possession of the 4
residential premises at any time before the termination date specified in 5
the termination notice. 6
(5) The estate of the deceased tenant is not liable to pay any rent for any 7
period after the legal personal representative gives vacant possession of 8
the residential premises and before the termination date. 9
109 Agreement frustrated--destruction of, or uninhabitable, premises 10
(1) This section applies if residential premises under a residential tenancy 11
agreement are, otherwise than as a result of a breach of an agreement, 12
destroyed or become wholly or partly uninhabitable or cease to be 13
lawfully usable as a residence or are appropriated or acquired by any 14
authority by compulsory process. 15
(2) The landlord or the tenant may give the other party a termination notice. 16
(3) The termination notice may end the residential tenancy agreement on 17
the date that the notice is given. 18
(4) The termination notice may specify a termination date that is before the 19
end of the fixed term of the residential tenancy agreement if it is a fixed 20
term agreement. 21
(5) The Tribunal may, on application by a landlord or tenant, make a 22
termination order if it is satisfied that a termination notice was given in 23
accordance with this section and that this section applies to the 24
residential premises. 25
Division 6 Miscellaneous 26
110 Tenant may vacate at any time before end of termination notice given by 27
landlord 28
(1) A tenant who is given a termination notice by the landlord, or who gives 29
a termination notice, may give vacant possession of the residential 30
premises at any time before the termination date. 31
(2) If a termination notice is given by a landlord, the tenant is not liable to 32
pay any rent for any period after the tenant gives vacant possession of 33
the residential premises and before the termination date. 34
111 Disputes about termination 35
(1) A landlord or tenant may apply to the Tribunal for an order in relation 36
to a dispute about a termination notice. 37
Page 55
Clause 112 Residential Tenancies Bill 2010
Part 5 Termination of residential tenancy agreements
(2) The Tribunal may, on application by a landlord or tenant, declare that a 1
termination notice was or was not given in accordance with this Part. 2
(3) Subsection (2) does not limit any other order the Tribunal may make on 3
an application under this section. 4
112 Withdrawal of termination notices 5
The party who gives a termination notice may, at any time, revoke the 6
notice with the consent of all other parties to the residential tenancy 7
agreement. 8
113 Defects in termination notices 9
The Tribunal may make a termination order for a residential tenancy 10
agreement or any other order even though there is a defect in the 11
relevant termination notice or the manner of service of the notice if: 12
(a) it thinks it appropriate to do so in the circumstances of the case, 13
and 14
(b) it is satisfied that the person to whom the notice was given has not 15
suffered any disadvantage because of the defect in the notice or 16
service or that any disadvantage has been overcome by the order 17
and any associated order. 18
114 Suspension of possession orders 19
(1) The Tribunal may suspend the operation of an order for possession of 20
residential premises for a specified period if it is satisfied that it is 21
desirable to do so, having regard to the relative hardship likely to be 22
caused to the landlord and tenant by the suspension. 23
(2) The Tribunal may impose an obligation on a tenant to pay a specified 24
occupation fee for the period for which the order for possession is 25
suspended. 26
115 Retaliatory evictions 27
(1) The Tribunal may, on application by a tenant or when considering an 28
application for a termination order or in relation to a termination notice: 29
(a) declare that a termination notice has no effect, or 30
(b) refuse to make a termination order, 31
if it is satisfied that a termination notice given or application made by 32
the landlord was a retaliatory notice or a retaliatory application. 33
(2) The Tribunal may find that a termination notice is a retaliatory notice or 34
that an application is a retaliatory application if it is satisfied that the 35
landlord was wholly or partly motivated to give the notice or make the 36
application for any of the following reasons: 37
Page 56
Residential Tenancies Bill 2010 Clause 116
Termination of residential tenancy agreements Part 5
(a) the tenant had applied or proposed to apply to the Tribunal for an 1
order, 2
(b) the tenant had taken or proposed to take any other action to 3
enforce a right of the tenant under the residential tenancy 4
agreement, this Act or any other law, 5
(c) an order of the Tribunal was in force in relation to the landlord 6
and tenant. 7
(3) A tenant may make an application to the Tribunal for a declaration 8
under this section before the termination date and within the period 9
prescribed by the regulations after the termination notice is given to the 10
tenant. 11
116 Accrual of rent on termination 12
The rent payable under a residential tenancy agreement accrues from 13
day to day and on termination the appropriate amount is payable. 14
117 Acceptance of rent after termination notice 15
(1) A demand for, any proceedings for the recovery of, or acceptance of, 16
rent payable under a residential tenancy agreement by a landlord does 17
not operate as a waiver of any rights with respect to the breach of the 18
agreement or any termination notice by the landlord on the ground of 19
breach of the agreement. 20
(2) Any such action by a landlord is not evidence of the creation of a new 21
tenancy. 22
(3) This section does not apply to a termination notice given solely on the 23
ground of failure to pay rent. 24
118 Other notices 25
To avoid doubt, a landlord or tenant who gives a termination notice 26
may: 27
(a) if the notice is revoked, give a further notice on the same or a 28
different ground, or 29
(b) if the notice is not revoked, give a further notice on a different 30
ground. 31
Page 57
Clause 119 Residential Tenancies Bill 2010
Part 6 Recovery of possession of premises
Part 6 Recovery of possession of premises 1
Division 1 Recovery of possession 2
119 Prohibition on certain recovery proceedings in courts 3
A landlord or former landlord must not commence proceedings against 4
a tenant or former tenant of the landlord in the Supreme Court, the 5
District Court or the Local Court to obtain recovery of possession of 6
residential premises subject to a residential tenancy agreement. 7
120 Repossession of residential premises--offences 8
(1) A person must not enter residential premises for the purposes of taking 9
possession of those premises before or after the end of a residential 10
tenancy agreement unless: 11
(a) the person is acting in accordance with a warrant arising out of an 12
order for possession of the Tribunal or a writ or warrant arising 13
out of a judgment or order of a court, or 14
(b) the tenant has abandoned the premises or given vacant possession 15
of the premises. 16
Maximum penalty: 200 penalty units. 17
Note. Under section 106 a landlord may apply to the Tribunal for an order 18
declaring that a tenant has abandoned the residential premises. 19
(2) A court that finds an offence under this section proven may, in addition 20
to any other penalty it may impose, order that compensation be paid to 21
the person against whom the offence was committed by the person who 22
committed the offence or on whose behalf the offence was committed. 23
(3) This section applies to a person who enters residential premises on his 24
or her own behalf or on behalf of another person. 25
121 Enforcement of orders for possession 26
(1) The Registrar may, on the application of a person in whose favour an 27
order for possession was made, issue a warrant for possession of the 28
residential premises concerned if the Registrar is satisfied that the order 29
or a condition of suspension of the order has not been complied with. 30
(2) An application for a warrant for possession may be made immediately, 31
if the order for possession so provides, or not more than 30 days after 32
the date by which vacant possession was required or within such further 33
period as the Tribunal may permit. 34
Page 58
Residential Tenancies Bill 2010 Clause 122
Recovery of possession of premises Part 6
(3) Without limiting subsection (2), the Tribunal may permit an application 1
to be made within a further period if the delay in making the application 2
is attributable to genuine attempts by the applicant to reach agreement 3
with the tenant for reinstatement of the tenancy. 4
(4) A warrant for possession is to be in the approved form and must 5
authorise a sheriff's officer to enter specified residential premises and 6
to give possession to the person specified in the warrant. 7
Note. See section 7A of the Sheriff Act 2005 for provisions relating to the 8
enforcement of warrants. 9
122 Mortgagee repossessions of rented properties 10
(1) Application 11
This section applies if a residential tenancy agreement is terminated 12
because the mortgagee in respect of the residential premises becomes 13
entitled to possession of the premises and the former tenant under that 14
agreement is given notice to vacate the premises by the Sheriff. 15
Note. The Sheriff must give the former tenant not less than 30 days to vacate 16
the residential premises (see section 7A of the Sheriff Act 2005). 17
(2) Former tenant may withhold or recoup rent etc 18
The former tenant who is holding over after termination of the 19
residential tenancy agreement: 20
(a) is not, during the period of 30 days following the date on which 21
the tenant is given the notice to vacate, required to pay any rent, 22
fee or other charge to occupy the residential premises, and 23
(b) is, if the former tenant has paid any rent in advance for any part 24
of that period, entitled to be repaid the amount of that rent. 25
(3) Tribunal may order repayment to former tenant 26
The Tribunal may, on application by the former tenant, order the 27
repayment to the former tenant of any amount referred to in 28
subsection (2). 29
(4) Inspection of residential premises by prospective purchasers 30
The mortgagee (or any person acting on behalf of the mortgagee) is, 31
during the period in which the former tenant is holding over after 32
termination of the residential tenancy agreement, entitled to enter the 33
residential premises to show the premises to prospective purchasers on 34
a reasonable number of occasions, but only if the former tenant: 35
(a) is given reasonable notice of each such occasion, and 36
(b) agrees to the date and time of the inspection. 37
Page 59
Clause 123 Residential Tenancies Bill 2010
Part 6 Recovery of possession of premises
(5) Mortgagee not prevented from doing certain things 1
This section does not prevent the mortgagee from: 2
(a) taking possession of the residential premises before the date 3
specified in the notice to vacate if the former tenant voluntarily 4
vacates the premises before that date, or 5
(b) changing (by written notice given to the Sheriff and the former 6
tenant) the date specified in the notice to vacate to a later date, or 7
(c) entering into a new residential tenancy agreement with the former 8
tenant in respect of the residential premises. 9
(6) Relationship with other laws 10
This section has effect despite the terms of any court order, contract or 11
other agreement. 12
123 Liability of tenant remaining in possession after termination 13
(1) A tenant who fails to comply with an order for possession of the 14
Tribunal is liable to pay an occupation fee to the landlord for the period 15
the tenant remains in possession of the residential premises after the 16
date the tenant is required to vacate the premises. 17
(2) The occupation fee payable is an amount equal to the rent that would 18
have been payable for that period if the residential tenancy agreement 19
had not been terminated. 20
(3) The amount of the occupation fee may be deducted from the rental bond 21
paid by the tenant for the residential premises. 22
(4) The Tribunal may, on application by the landlord, order the tenant to 23
pay to the landlord an amount of occupation fee. 24
124 Notice of proposed recovery of premises by person with superior title 25
(1) This section applies if proceedings for the recovery of possession of 26
residential premises are commenced before a court or the Tribunal 27
(whether under this Act or otherwise) by a person (the plaintiff) who is 28
not the landlord or former landlord under the agreement. 29
(2) The court or Tribunal must not give judgment or make an order for 30
possession, unless it is satisfied: 31
(a) as to whether or not there is a person in possession of the 32
residential premises as a tenant under a residential tenancy 33
agreement or a former tenant holding over after termination of a 34
residential tenancy agreement, and 35
(b) that any such person has had reasonable notice of the proceedings 36
brought by the plaintiff. 37
Page 60
Residential Tenancies Bill 2010 Clause 125
Recovery of possession of premises Part 6
(3) Failure to comply with this section does not invalidate or otherwise 1
affect the judgment or order. 2
125 Order for tenancy against person with superior title 3
(1) This section applies if proceedings for the recovery of possession of 4
residential premises are commenced before a court or the Tribunal 5
(whether under this Act or otherwise) by a person (the plaintiff) who is 6
not the landlord or former landlord under the agreement. 7
(2) An application may be made under this section by a person who is or 8
was, when the proceedings were commenced, in possession of the 9
residential premises as: 10
(a) a tenant under a residential tenancy agreement, or 11
(b) a former tenant holding over after termination of a residential 12
tenancy agreement. 13
(3) The application may be made to: 14
(a) the court or Tribunal before which the proceedings are pending, 15
or 16
(b) if the proceedings have been completed--the Tribunal, 17
and must be made within the period prescribed by the regulations after 18
the applicant was given notice of the proceedings or (if no notice was 19
given) within a reasonable time after the completion of the proceedings 20
and before possession of the premises is recovered. 21
(4) The court or Tribunal may, on such an application, and if it thinks it 22
appropriate to do so in the special circumstances of the case, make an 23
order vesting a tenancy over the residential premises in the applicant. 24
(5) The plaintiff is to be the landlord under the tenancy and the tenancy is 25
to be on such terms and conditions as the court or Tribunal thinks fit, 26
having regard to the circumstances of the case. 27
(6) Such an application or order may be made before possession of the 28
premises is recovered, even though: 29
(a) notice was not given to the applicant of the proceedings brought 30
by the plaintiff, or 31
(b) the proceedings brought by the plaintiff have been completed. 32
Division 2 Goods left on residential premises 33
126 Application and interpretation 34
(1) This Division applies to goods or rubbish left behind on residential 35
premises by a tenant or an occupant of the premises after vacant 36
possession of the premises is obtained or the premises are abandoned. 37
Page 61
Clause 127 Residential Tenancies Bill 2010
Part 6 Recovery of possession of premises
(2) In this Division: 1
disposal notice means a notice given under section 127. 2
perishable goods means perishable goods or rubbish to which this 3
Division applies. 4
personal document means: 5
(a) a birth certificate, passport or other identity document, or 6
(b) bank books or other financial statements or documents, or 7
(c) photographs and other personal memorabilia, or 8
(d) licences or other documents conferring authorities, rights or 9
qualifications, or 10
(e) any other record, or class of record, prescribed by the regulations 11
for the purposes of this definition. 12
127 Disposal notices 13
(1) The landlord or landlord's agent must give the former tenant notice that 14
the goods will be disposed of after 14 days (in the case of goods other 15
than personal documents) or 90 days (in the case of personal 16
documents) after the day on which the notice is given unless they are 17
first claimed. 18
(2) Notice may be given in any of the following ways: 19
(a) in writing in any manner permitted under this Act, 20
(b) by post to the former tenant or the former tenant's legal personal 21
representative at the last forwarding address known to the 22
landlord, 23
(c) orally in person or by telephoning the former tenant. 24
(3) Notice may be given by posting a notice in a prominent position on the 25
residential premises if the landlord is unable (for a period of more than 26
2 days) to give notice to the former tenant in a manner set out in 27
subsection (2). 28
(4) This section does not apply to perishable goods. 29
128 Perishable goods 30
A landlord or landlord's agent may remove or otherwise dispose of 31
goods that the landlord or landlord's agent reasonably believes are 32
perishable goods at any time after vacant possession of the residential 33
premises is given or the residential premises are abandoned. 34
Page 62
Residential Tenancies Bill 2010 Clause 129
Recovery of possession of premises Part 6
129 Storage of goods 1
The landlord or landlord's agent may remove goods from residential 2
premises and store them in a safe place pending disposal or collection 3
of the goods in accordance with this Division. 4
130 Disposal of non-perishable goods (other than personal documents) 5
(1) The landlord or landlord's agent may dispose of goods (other than 6
personal documents) in accordance with this section if the former tenant 7
or other person entitled to possession of the goods fails to collect or 8
make arrangements to collect the goods within 14 days of a disposal 9
notice being given in accordance with this Division or within such 10
further period as may be agreed. 11
(2) The landlord or landlord's agent may dispose of any such goods by 12
selling them or in any other lawful manner. 13
(3) The landlord or landlord's agent must keep a record of goods disposed 14
of under this section. 15
(4) A landlord or landlord's agent who sells goods under this section must, 16
if requested to do so by the former tenant or other person entitled to 17
possession of the goods, pay the sale proceeds to the former tenant or 18
other person. The landlord or landlord's agent may deduct from the 19
proceeds any occupation fee payable under this section and the 20
reasonable costs of the sale. 21
(5) This section does not apply to perishable goods. 22
131 Disposal of personal documents 23
(1) The landlord or landlord's agent may dispose of goods that are personal 24
documents in accordance with this section if the former tenant or other 25
person entitled to possession of the documents fails to collect or make 26
arrangements to collect the documents within 90 days of a disposal 27
notice being given in accordance with this Division or within such 28
further period as may be agreed. 29
(2) The landlord or landlord's agent may dispose of personal documents as 30
follows: 31
(a) by returning them to the authority that issued the documents, 32
(b) if it is not reasonably practicable to return them to that authority, 33
in any other lawful manner that the landlord or landlord's agent 34
thinks fit. 35
(3) The landlord or landlord's agent must not dispose of personal 36
documents in any manner that results in personal information about a 37
tenant or other person becoming publicly available. 38
Page 63
Clause 132 Residential Tenancies Bill 2010
Part 6 Recovery of possession of premises
132 Collection of goods by former tenants or persons entitled to goods 1
(1) A person who is entitled to possession of goods may claim the goods at 2
any time before they are disposed of. 3
(2) The landlord or landlord's agent must deliver up the goods to a person 4
who claims them if the landlord or landlord's agent is satisfied that the 5
person is entitled to the goods. 6
(3) The landlord or landlord's agent must not require a person who claims 7
goods to pay any amount to obtain them, other than an occupation fee 8
in accordance with this section. 9
(4) The landlord or landlord's agent may require a former tenant or person 10
who claims goods to pay an occupation fee for each day the goods are 11
left on the residential premises or stored by or on behalf of the landlord, 12
if the quantity of goods left on the premises by a former tenant or 13
occupant is sufficient to prevent the landlord from renting the premises. 14
(5) The occupation fee payable under this section: 15
(a) must not exceed an amount that is equal to the rent that would 16
have been payable under the residential tenancy agreement for 17
each day the goods are left on the premises or stored, and 18
(b) must not exceed, in total, the amount of rent for 14 days. 19
(6) The Tribunal may, on application by a landlord or landlord's agent, 20
order that a former tenant or person who claims goods pay to the 21
landlord or landlord's agent an occupation fee of an amount that does 22
not exceed the maximum amount payable under this section. 23
133 Landlord may seek Tribunal direction 24
(1) This section applies if the tenant abandons the residential premises or 25
dies. 26
(2) The Tribunal may, on application by a landlord, make any one or more 27
of the following orders: 28
(a) an order authorising the removal or other disposal of goods, 29
(b) an order directing that notice of any action or proposed action in 30
relation to goods be given to the former tenant, the legal personal 31
representative of a former tenant or any other person, 32
(c) an order authorising the sale of goods, 33
(d) an order as to the manner of sale of goods, 34
(e) an order as to the payment of the proceeds of sale of goods, 35
(f) any ancillary order that the Tribunal, in the circumstances, thinks 36
appropriate. 37
Page 64
Residential Tenancies Bill 2010 Clause 134
Recovery of possession of premises Part 6
(3) A landlord or landlord's agent must deal with goods in accordance with 1
an order of the Tribunal under this section and not in accordance with 2
the other provisions of this Division relating to disposal of goods. 3
(4) This section does not apply to perishable goods. 4
134 Orders by Tribunal relating to goods 5
(1) The Tribunal may, on application by the former tenant or a person who 6
has an interest in goods, make any of the following orders: 7
(a) an order requiring the landlord to pay compensation for goods 8
disposed of by the landlord or landlord's agent otherwise than in 9
accordance with this Division, 10
(b) an order requiring the landlord to pay compensation for goods 11
damaged after being left on the residential premises and before 12
being claimed by the person entitled to them, 13
(c) an order that the landlord or landlord's agent deliver goods into 14
the former tenant's or other person's possession, 15
(d) an order requiring the landlord or landlord's agent to pay the 16
proceeds of sale, or an amount equivalent to the value of the 17
goods, to the former tenant or person, 18
(e) any ancillary order that the Tribunal, in the circumstances, thinks 19
appropriate. 20
(2) The Tribunal may also, on an application under this section or by a 21
landlord, order the tenant or other person to pay an occupation fee of not 22
more than 14 days rent. 23
(3) An application for an order under this section must be made within the 24
period prescribed by the regulations. 25
135 Effect of disposal of goods 26
(1) A purchaser of goods sold by a landlord or landlord's agent in 27
accordance with this Division acquires a good title to the goods freed 28
and discharged of any interest of the former tenant or any other person 29
who would otherwise have an interest in the goods. 30
(2) A person does not incur any liability in respect of the removal or sale or 31
other disposal of goods in accordance with this Division or in 32
accordance with an order of the Tribunal. 33
Page 65
Clause 136 Residential Tenancies Bill 2010
Part 7 Social housing tenancy agreements
Part 7 Social housing tenancy agreements 1
Division 1 Preliminary 2
136 Definitions 3
In this Part: 4
alternative premises ground for termination of a social housing tenancy 5
agreement--see section 148. 6
appropriate Minister means, in relation to: 7
(a) the Aboriginal Housing Office or an organisation registered 8
under Part 5 of the Aboriginal Housing Act 1998 or a tenant of the 9
Office or organisation, the Minister administering that Act, or 10
(b) any other social housing provider or a tenant of the social housing 11
provider, the Minister administering the Housing Act 2001. 12
eligibility ground for termination of a social housing tenancy 13
agreement--see section 143. 14
rent rebate means an amount waived or remitted, in accordance with a 15
rent rebate scheme administered by a social housing provider, from rent 16
payable to a social housing provider. 17
social housing premises means residential premises under a social 18
housing tenancy agreement. 19
social housing provider means any of the following: 20
(a) the New South Wales Land and Housing Corporation, 21
(b) the Aboriginal Housing Office, 22
(c) a registered community housing provider within the meaning of 23
the Housing Act 2001, 24
(d) an organisation for the time being registered under Part 5 of the 25
Aboriginal Housing Act 1998, 26
(e) an organisation or a member of a class of organisations 27
prescribed by the regulations. 28
social housing tenancy agreement means a residential tenancy 29
agreement where the landlord is a social housing provider. 30
137 Application of Part 31
In the event of any inconsistency between a provision of this Part and 32
any other provision of this Act or the regulations, this Part prevails to 33
the extent of the inconsistency. 34
Page 66
Residential Tenancies Bill 2010 Clause 138
Social housing tenancy agreements Part 7
Division 2 Acceptable behaviour agreements 1
138 Acceptable behaviour agreements for tenants 2
(1) The New South Wales Land and Housing Corporation may, by notice 3
in writing given to a tenant under a social housing tenancy agreement 4
under which it is the landlord, request the tenant to give a written 5
undertaking (an acceptable behaviour agreement), in the terms 6
specified in the notice, not to engage in specified anti-social behaviour 7
on any of the following: 8
(a) the social housing premises to which the agreement relates, 9
(b) any property adjoining or adjacent to those premises (including 10
any property that is available for use by the tenant in common 11
with others). 12
(2) The operation of an acceptable behaviour agreement extends to the 13
behaviour of any other person occupying (or jointly occupying) the 14
social housing premises with the consent of the tenant (a lawful 15
occupier). Accordingly, if any such lawful occupier engages in any 16
anti-social behaviour that is specified in the agreement, the tenant is 17
taken to have engaged in the behaviour and breached the agreement. 18
(3) The Corporation may request a tenant to enter into an acceptable 19
behaviour agreement only if the Corporation is of the opinion that, 20
based on: 21
(a) the history of the tenancy concerned, or 22
(b) the history of any prior tenancy under a social housing tenancy 23
agreement entered into by the tenant and the Corporation, 24
the tenant, or a lawful occupier of the premises to which the tenancy 25
relates, is likely to engage in anti-social behaviour on those social 26
housing premises or any property adjoining or adjacent to those 27
premises (including any property that is available for use by the tenant 28
in common with others). 29
(4) In making a request that a tenant enter into an acceptable behaviour 30
agreement, the Corporation must inform the tenant that if: 31
(a) the tenant fails or refuses to enter into an acceptable behaviour 32
agreement as requested, or 33
(b) the tenant, after entering into such an agreement, seriously or 34
persistently breaches the terms of the agreement, 35
the Corporation may give a termination notice for the tenancy 36
agreement entered into by the Corporation and the tenant. 37
(5) An acceptable behaviour agreement is of no effect unless the 38
Corporation has complied with subsection (4) in relation to the 39
agreement. 40
Page 67
Clause 139 Residential Tenancies Bill 2010
Part 7 Social housing tenancy agreements
(6) In this section, a reference to anti-social behaviour includes a reference 1
to emission of excessive noise, littering, dumping of cars, vandalism 2
and defacing of property. 3
Division 3 Water usage charges, rent and other payments 4
139 Social housing tenants to pay charges for water 5
(1) Charges payable 6
A tenant under a social housing tenancy agreement must pay to the 7
landlord any charges, determined in accordance with guidelines 8
approved by the appropriate Minister, in respect of water usage by the 9
tenant. 10
(2) Guidelines for payment of charges 11
The guidelines may provide for the determination of the charges by 12
reference to any of the following: 13
(a) actual usage or estimated usage, 14
(b) the income of the tenant, 15
(c) the rent payable by the tenant (whether with or without rent 16
rebate). 17
(3) The guidelines may include other matters, including a requirement that 18
charges in respect of water usage be paid by the tenant in advance. 19
(4) The guidelines are to be made publicly available. 20
(5) A copy of the guidelines is to be provided, on request, to any tenant 21
under a social housing tenancy agreement free of charge and to other 22
persons either free of charge or on payment of reasonable copying 23
charges. 24
(6) The guidelines may be amended or replaced from time to time. 25
(7) This section does not apply to a social housing tenancy agreement if the 26
agreement specifies that section 39 is to apply to the payment of water 27
usage charges. 28
140 Payment of debts by social housing tenants 29
A tenant under a social housing tenancy agreement who incurs or has 30
incurred a debt to the landlord in connection with that agreement or a 31
prior social housing tenancy agreement: 32
(a) must enter into arrangements with the landlord, in accordance 33
with any reasonable request of the landlord, for the payment of 34
that debt, and 35
Page 68
Residential Tenancies Bill 2010 Clause 141
Social housing tenancy agreements Part 7
(b) must comply with those arrangements (including any such 1
arrangement entered into during the term of a prior social housing 2
tenancy agreement) and with any variations to those 3
arrangements that may be agreed to by the landlord and tenant. 4
141 Cancellation or reduction of rent rebates 5
(1) A tenant under a social housing tenancy agreement whose rent rebate is 6
cancelled may apply to the Tribunal for an order declaring that the rent 7
payable under the agreement (or a proposed social housing tenancy 8
agreement for premises already occupied by the tenant) is excessive. 9
(2) The tenant may do so within the period prescribed by the regulations 10
after the cancellation of the rent rebate takes effect. 11
(3) This section is in addition to any other provision of this Act. 12
Note. For remedies relating to excessive rents, see section 44. 13
Division 4 Fixed term agreements 14
142 Extension of social housing tenancies 15
(1) This section applies to a social housing tenancy agreement that is a fixed 16
term agreement under which the landlord is the New South Wales Land 17
and Housing Corporation or the Aboriginal Housing Office. 18
(2) The landlord may, if the fixed term has ended, by written notice given 19
to the tenant declare that the agreement is subject to a fixed term of the 20
tenancy specified in the notice from the date specified in the notice. 21
(3) At the end of any such further fixed term: 22
(a) any term of the agreement that provides for the continuation of 23
the agreement applies, or 24
(b) section 18 applies. 25
(4) A declaration may be made under this section in relation to an 26
agreement on more than one occasion. 27
(5) A tenancy that is subject to a further fixed term under this section may 28
be terminated in accordance with this Act by the tenant (but not by the 29
landlord) as if the social housing tenancy agreement were a periodic 30
agreement. 31
Page 69
Clause 143 Residential Tenancies Bill 2010
Part 7 Social housing tenancy agreements
Division 5 Termination of social housing tenancy 1
agreements--additional grounds 2
143 Termination notice may be given on ground that tenant not eligible for 3
social housing 4
A landlord under a social housing tenancy agreement may give a 5
termination notice to the tenant on the ground that the landlord has 6
determined, as the result of an assessment carried out under this 7
Division, that the tenant is not eligible to reside in the class of social 8
housing premises to which the agreement applies (the eligibility 9
ground). 10
144 Eligibility assessments of social housing tenants 11
(1) In carrying out an assessment of the eligibility of a tenant under a social 12
housing tenancy agreement to reside in the class of social housing 13
premises concerned, the landlord is to apply the criteria approved by the 14
appropriate Minister for the purposes of this section. 15
(2) Any such criteria may differ from the criteria used to assess a person's 16
eligibility to commence residing in that class of social housing 17
premises. 18
(3) The criteria used for the purposes of an assessment must not relate to 19
whether or not the tenant has complied with any term of the agreement. 20
(4) The landlord may request the tenant to provide any information that is 21
reasonably required to enable the landlord to determine whether the 22
tenant meets the criteria for the purposes of an assessment under this 23
section. 24
(5) If the tenant refuses to provide any such information to the landlord, the 25
landlord may determine, without further inquiry, that the tenant is not 26
eligible to reside in the class of social housing premises concerned. 27
(6) In the case of a fixed term agreement, an assessment may not be carried 28
out earlier than 6 months before the end of the fixed term. 29
(7) The criteria referred to in this section are to be made publicly available. 30
(8) A copy of the criteria is to be provided, on request, to any tenant under 31
a social housing tenancy agreement free of charge and to other persons 32
either free of charge or on payment of reasonable copying charges. 33
Page 70
Residential Tenancies Bill 2010 Clause 145
Social housing tenancy agreements Part 7
145 Review of decision to give notice on ground that tenant not eligible for 1
social housing 2
(1) Notice to be given before termination notice 3
Before giving a termination notice to a tenant under a social housing 4
tenancy agreement on the eligibility ground, the landlord is to advise the 5
tenant of the decision to do so by notice in writing. 6
(2) Right to review 7
A notice given under this section must: 8
(a) contain particulars of the reasons why the tenant is no longer 9
considered eligible to reside in the social housing premises, and 10
(b) state that the tenant may apply to the landlord for a review of the 11
decision within 30 days after the notice is given and give 12
particulars of how such an application may be made, and 13
(c) state that the tenant is entitled to make representations to the 14
landlord in writing, or (if the tenant wishes) orally, as to why the 15
agreement should not be terminated. 16
(3) The tenant may, in accordance with the notice: 17
(a) apply to the landlord for a review of the decision, and 18
(b) make representations in writing, or (if the tenant wishes) orally, 19
to the landlord as to why the agreement should not be terminated. 20
(4) If the tenant applies to the landlord for a review under this section, the 21
landlord is to review the decision, in accordance with any procedures 22
approved by the appropriate Minister for the purposes of this section, 23
and consider any representations made by the tenant. 24
(5) Decision of landlord following review 25
After the review is carried out, the landlord may: 26
(a) give a termination notice on the eligibility ground, or 27
(b) advise the tenant, by notice in writing, that the landlord has 28
decided not to give the termination notice. 29
(6) Procedural fairness taken to have been observed 30
If the landlord complies with this section, the landlord is taken to have 31
complied with any rules of procedural fairness required to be observed 32
by the landlord before giving a termination notice to the tenant on the 33
eligibility ground. 34
Page 71
Clause 146 Residential Tenancies Bill 2010
Part 7 Social housing tenancy agreements
146 Time periods to be observed in giving termination notice on ground that 1
tenant not eligible for social housing 2
(1) A termination notice of a social housing tenancy agreement is not to be 3
given by a landlord to a tenant on the eligibility ground before the later 4
of the following: 5
(a) the end of the 30-day period within which the tenant may apply 6
for a review under this Division of the decision to give the 7
termination notice, 8
(b) the end of any such review carried out in respect of that decision. 9
(2) The termination notice must specify a termination date: 10
(a) in the case of a fixed term agreement--that is on or after the end 11
of the term of the fixed term and not earlier than 60 days after the 12
day on which the notice is given, or 13
(b) in the case of a periodic agreement--that is not earlier than 14
60 days after the day on which the notice is given. 15
147 Termination by Tribunal on eligibility ground 16
(1) The Tribunal must, on application by the landlord under a social 17
housing tenancy agreement, terminate the agreement on the eligibility 18
ground if it is satisfied that: 19
(a) any notice required to be given, or any review required to be 20
carried out, was given or carried out in accordance with this 21
Division before giving the termination notice on the eligibility 22
ground, and 23
(b) a termination notice has been given in accordance with this 24
Division, and 25
(c) the landlord has determined, as a result of an assessment under 26
this Division, that the tenant is not eligible to reside in the class 27
of social housing premises to which the agreement applies. 28
(2) In deciding whether or not to make an order, the Tribunal is not to 29
review the eligibility of the tenant to reside in the class of social housing 30
premises to which the agreement applies. 31
148 Termination notice may be given on ground that tenant offered 32
alternative social housing premises 33
A landlord under a social housing tenancy agreement may give a 34
termination notice to the tenant on the ground that the landlord has 35
offered to enter into a new social housing tenancy agreement with the 36
tenant in respect of alternative premises to the premises the subject of 37
the existing social housing tenancy agreement (the alternative premises 38
ground) and the tenant has failed to accept, or has rejected, the offer. 39
Page 72
Residential Tenancies Bill 2010 Clause 149
Social housing tenancy agreements Part 7
149 Review of decision to give termination notice on ground that tenant 1
offered alternative social housing premises 2
(1) Notice to be given before termination notice 3
Before giving a termination notice to the tenant on the alternative 4
premises ground, the landlord is to advise the tenant of the decision to 5
do so by notice in writing. 6
(2) The landlord may make the offer to enter into a new social housing 7
tenancy agreement and give notice of the decision at the same time. 8
(3) Right to review 9
A notice given under this section must: 10
(a) contain particulars of the reasons why the landlord wishes the 11
tenant to move to alternative premises, and 12
(b) state that the tenant may apply to the landlord for a review of the 13
decision within 14 days after the notice is given and give 14
particulars of how such an application may be made, and 15
(c) state that the tenant is entitled to make representations to the 16
landlord in writing, or (if the tenant wishes) orally, as to why the 17
existing agreement should not be terminated. 18
(4) The tenant may, in accordance with the notice: 19
(a) apply to the landlord for a review of the decision, and 20
(b) make representations in writing, or (if the tenant wishes) orally, 21
to the landlord as to why the existing agreement should not be 22
terminated. 23
(5) If the tenant applies to the landlord for a review under this section, the 24
landlord is to review the decision, in accordance with any procedures 25
approved by the appropriate Minister for the purposes of this section, 26
and consider any representations made by the tenant. 27
(6) Decision of landlord following review 28
After the review is carried out, the landlord may: 29
(a) give a termination notice on the alternative premises ground, or 30
(b) advise the tenant, by notice in writing, that the landlord has 31
decided not to give the termination notice, or 32
(c) make a new offer to the tenant to enter into a new social housing 33
tenancy agreement in respect of alternative premises that differ 34
from those the subject of the offer in respect of which the review 35
was carried out. 36
Page 73
Clause 150 Residential Tenancies Bill 2010
Part 7 Social housing tenancy agreements
(7) Right to second review if new offer made 1
If a new offer is made under subsection (6) (c), subsections (1)(6) 2
apply in relation to giving a termination notice in connection with the 3
new offer. Accordingly, the landlord is required to give a second notice, 4
and the tenant is entitled to a second review, under this section. 5
However, the landlord is not required to give any further notice, and the 6
tenant is not entitled to any further review, under this section in relation 7
to giving a termination notice following a second review. 8
(8) Procedural fairness taken to have been observed 9
If the landlord complies with this section, the landlord is taken to have 10
complied with any rules of procedural fairness required to be observed 11
by the landlord before giving a termination notice on the alternative 12
premises ground. 13
150 Time periods to be observed in giving termination notice on ground that 14
tenant offered alternative social housing premises 15
(1) A termination notice of a social housing tenancy agreement is not to be 16
given to the tenant on the alternative premises ground before the later of 17
the following: 18
(a) the end of the 14-day period within which the tenant may apply 19
for any review of the decision to give the termination notice, 20
(b) the end of any such review carried out in respect of that decision. 21
(2) However, if the landlord and tenant enter into a new social housing 22
tenancy agreement before the end of that 14-day period or any such 23
review, the termination notice may be given on or after the day on which 24
they enter into the new agreement. 25
(3) The termination notice must specify a termination date that is not earlier 26
than 30 days after the day on which the notice is given, unless it 27
specifies an earlier day to which the tenant has consented. 28
(4) The termination notice is ineffective unless the alternative premises in 29
connection with which the termination notice is given are available for 30
occupation no later than 7 days before the termination date. 31
(5) The termination notice may specify a termination date that is before the 32
end of the fixed term of the social housing tenancy agreement if it is a 33
fixed term agreement. 34
Page 74
Residential Tenancies Bill 2010 Clause 151
Social housing tenancy agreements Part 7
151 Termination by Tribunal on alternative premises ground 1
(1) The Tribunal must, on application by the landlord under a social 2
housing tenancy agreement, terminate the agreement on the alternative 3
premises ground if it is satisfied that: 4
(a) any notice required to be given, or any review required to be 5
carried out, was given or carried out in accordance with this 6
Division before giving the termination notice on the alternative 7
premises ground, and 8
(b) a termination notice has been given in accordance with this 9
Division, and 10
(c) the landlord has offered to enter into a new social housing 11
tenancy agreement with the tenant in respect of alternative 12
premises to the premises the subject of the existing agreement, 13
and 14
(d) alternative premises (which may or may not be the same as the 15
alternative premises in connection with which the notice was 16
given) are available for occupation by the tenant. 17
(2) In deciding whether or not to make an order, the Tribunal is not to 18
review the landlord's reasons for making the offer concerned. 19
152 Termination by Tribunal of social housing tenancy agreements for 20
breach 21
(1) In determining whether to terminate a social housing tenancy agreement 22
on the ground of a breach by the tenant, the Tribunal is to have regard 23
to such of the following matters as may be relevant: 24
(a) any serious adverse effects the tenancy has had on neighbouring 25
residents or other persons, 26
(b) whether any breach of the agreement was a serious one, and 27
whether, given the behaviour or likely behaviour of the tenant, a 28
failure to terminate the agreement would subject, or continue to 29
subject, neighbouring residents or any persons or property to 30
unreasonable risk, 31
(c) the landlord's responsibility to its other tenants, 32
(d) whether the tenant, wilfully or otherwise, is or has been in breach 33
of an order of the Tribunal, 34
(e) the history of the tenancy concerned, including any prior tenancy 35
of the tenant arising under a social housing tenancy agreement. 36
(2) This section does not limit any other matters that may be considered by 37
the Tribunal under any other provision of this Act. 38
Page 75
Clause 153 Residential Tenancies Bill 2010
Part 7 Social housing tenancy agreements
153 Termination notice--acceptable behaviour agreements 1
(1) The New South Wales Land and Housing Corporation may give a 2
termination notice of a social housing tenancy agreement to the tenant 3
on either of the following grounds: 4
(a) that the tenant has failed or refused to enter into an acceptable 5
behaviour agreement as requested by the Corporation, 6
(b) that the tenant has seriously or persistently breached the terms of 7
an acceptable behaviour agreement. 8
(2) The termination notice must specify a termination date that is not earlier 9
than 14 days after the day on which the notice is given. 10
(3) The termination notice may specify a termination date that is before the 11
end of the fixed term of the social housing tenancy agreement if it is a 12
fixed term agreement. 13
154 Termination by Tribunal on behaviour ground 14
The Tribunal may, on application by the New South Wales Land and 15
Housing Corporation, terminate a social housing tenancy agreement if 16
it is satisfied that a termination notice has been given in accordance with 17
this Division and the tenant: 18
(a) has failed or refused to enter into an acceptable behaviour 19
agreement as requested by the Corporation, or 20
(b) has entered into such an agreement and has failed to satisfy the 21
Tribunal that the tenant has not seriously or persistently breached 22
the terms of that agreement. 23
155 Operation of Division 24
This Division is in addition to, and does not limit, any other right 25
conferred on a landlord of a social housing tenancy agreement as a 26
landlord under any other provision of this Act. 27
Division 6 Exemption 28
156 Head leases involving social housing providers 29
(1) A residential tenancy agreement is exempted from the operation of this 30
Act if: 31
(a) under the agreement, the landlord is a social housing provider 32
(the head landlord) who lets the premises to a tenant who is a 33
social housing provider, and 34
(b) the agreement is in writing and the agreement states that this 35
section applies to the agreement. 36
Page 76
Residential Tenancies Bill 2010 Clause 156
Social housing tenancy agreements Part 7
(2) If the tenant ceases to be a social housing provider during the currency 1
of the term of the residential tenancy agreement, the exemption under 2
this section does not cease to have effect until 6 months after the date 3
the tenant ceases to be a social housing provider. 4
Page 77
Clause 157 Residential Tenancies Bill 2010
Part 8 Rental bonds
Part 8 Rental bonds 1
Division 1 Preliminary 2
157 Definitions 3
In this Part: 4
claim notice means a notice given under section 164. 5
claim notice period means the period specified in a claim notice within 6
which any proceedings affecting the rental bond must be notified to the 7
Director-General. 8
deposit period means the period within which a rental bond must be 9
deposited with the Director-General. 10
landlord includes a park owner or a person who grants or proposes to 11
grant the right to occupy residential premises within the meaning of the 12
Residential Parks Act 1998 and includes a former landlord or park 13
owner. 14
rental bond means an amount of money paid or payable by the tenant 15
or another person as security against any failure by a tenant to comply 16
with the terms of a residential tenancy agreement. 17
Rental Bond Account means the Rental Bond Account established 18
under section 185. 19
Rental Bond Interest Account means the Rental Bond Interest Account 20
established under section 186. 21
residential premises includes residential premises within the meaning 22
of the Residential Parks Act 1998. 23
residential tenancy agreement includes a residential tenancy 24
agreement or a residential site agreement within the meaning of the 25
Residential Parks Act 1998. 26
tenant includes a resident or proposed resident within the meaning of 27
the Residential Parks Act 1998 and includes a former tenant or resident. 28
158 Mortgagee in possession may exercise functions 29
A mortgagee who becomes entitled to possession of residential 30
premises may exercise any functions of a landlord under this Part in 31
respect of the release of a rental bond. 32
Division 2 Payment and deposit of rental bonds 33
159 Payment of bonds 34
(1) A landlord, landlord's agent or any other person, must not require or 35
receive from a tenant or another person a rental bond of an amount 36
Page 78
Residential Tenancies Bill 2010 Clause 160
Rental bonds Part 8
exceeding 4 weeks rent under the residential tenancy agreement for 1
which the bond was paid (as in force when the agreement was entered 2
into). 3
(2) A landlord, landlord's agent or any other person must not require or 4
receive from a tenant or another person an amount of rental bond before 5
the tenant signs the residential tenancy agreement. 6
(3) A person who receives payment of a rental bond must provide the 7
tenant, or person paying the bond, with a receipt for the bond but is not 8
required to do so if details of the payment are recorded in the residential 9
tenancy agreement. 10
(4) A person who contravenes this section is guilty of an offence. 11
Maximum penalty: 20 penalty units. 12
160 Other security may not be required 13
(1) A landlord, landlord's agent or any other person must not require or 14
receive from a tenant or another person anything other than a rental 15
bond as security for any failure by a tenant to comply with the terms of 16
a residential tenancy agreement. 17
Maximum penalty: 20 penalty units. 18
(2) This section does not apply to an undertaking: 19
(a) given to a landlord by the Director-General of the Department of 20
Human Services (or the New South Wales Land and Housing 21
Corporation on behalf of that Director-General), or a person 22
authorised in writing for the purposes of this section by that 23
Director-General, and 24
(b) that provides that, subject to specified conditions, the landlord 25
will be indemnified up to a specified amount against loss or 26
damage arising from any breach of a residential tenancy 27
agreement by a specified tenant. 28
161 One rental bond for each agreement 29
(1) A landlord, landlord's agent or any other person must not require or 30
receive more than one rental bond for a residential tenancy agreement. 31
(2) A landlord, landlord's agent or any other person must not require or 32
receive from a tenant or another person a rental bond or additional 33
amounts of rental bond if: 34
(a) a rental bond was paid (and not claimed) for residential premises 35
under a residential tenancy agreement, and 36
Page 79
Clause 162 Residential Tenancies Bill 2010
Part 8 Rental bonds
(b) one or more of the tenants under that agreement continue to 1
occupy the residential premises under one or more successive 2
residential tenancy agreements. 3
Maximum penalty: 20 penalty units. 4
162 Deposit of rental bonds 5
(1) A landlord, landlord's agent or other person who receives an amount of 6
rental bond must deposit that amount with the Director-General within 7
the deposit period together with a notice in the approved form. 8
(2) A rental bond may, if the landlord and tenant agree, be paid by 9
instalments commencing on the signing of the residential tenancy 10
agreement. 11
(3) The deposit periods for a rental bond (other than a bond paid by 12
instalments) are as follows: 13
(a) for a bond paid to a landlord or person other than a landlord's 14
agent--10 working days after the bond is paid or such other 15
period as may be prescribed by the regulations, 16
(b) for a bond paid to a landlord's agent--10 working days after the 17
end of the month in which the bond is paid or such other period 18
as may be prescribed by the regulations. 19
(4) The deposit periods for a rental bond paid by instalments are as follows: 20
(a) if the total amount of the bond is paid within 3 months of the first 21
instalment being paid--10 working days after the total bond is 22
paid, 23
(b) if the total amount is not paid within 3 months of the first 24
instalment being paid, for any instalments paid within that 25
period--3 months after the first instalment is paid or 10 working 26
days after each instalment is paid (whichever occurs later), 27
(c) if one or more instalments are paid after 3 months of the first 28
instalment being paid--every 3 months until the bond is fully 29
paid. 30
(5) A person who contravenes this section is guilty of an offence. 31
Maximum penalty: 20 penalty units. 32
(6) This section does not apply if: 33
(a) the rental bond is refunded or becomes refundable, or 34
(b) the rental bond becomes the subject of proceedings before the 35
Tribunal or a court in relation to a residential tenancy agreement. 36
Page 80
Residential Tenancies Bill 2010 Clause 163
Rental bonds Part 8
Division 3 Release of rental bonds 1
163 Claims for rental bonds 2
(1) A claim may be made to the Director-General for the payment of a 3
rental bond by: 4
(a) the tenant or an agent of the tenant, or 5
(b) the landlord or an agent of the landlord, or 6
(c) jointly by the landlord and the tenant or agents for them. 7
(2) A claim is to be made in the approved form. 8
(3) A claim must not be made before the termination of a residential 9
tenancy agreement unless: 10
(a) it is made jointly by or on behalf of the landlord and all the 11
tenants, or 12
(b) it is made by or on behalf of the landlord and directs that the 13
rental bond be paid to all the tenants, or 14
(c) it is made by or on behalf of all the tenants and directs that the 15
rental bond be paid to the landlord. 16
164 Claim notice to be given to other party 17
(1) This section applies if a claim for the whole or part of a rental bond is 18
made by a landlord or a tenant without the consent of all the other 19
parties to a residential tenancy agreement. 20
(2) The Director-General must give written notice of the claim to all of the 21
other parties to the residential tenancy agreement as known to the 22
Director-General. 23
(3) A notice under this section may be addressed to one or more parties to 24
the residential tenancy agreement. 25
(4) The notice must also be given to the Director-General of the 26
Department of Human Services if the whole or part of the rental bond 27
was paid by or on behalf of that Department. 28
(5) The notice must state that the Director-General will pay the claim unless 29
notified in writing by a party within 14 days that the claim is the subject 30
of proceedings before the Tribunal or a court. 31
Page 81
Clause 165 Residential Tenancies Bill 2010
Part 8 Rental bonds
165 Notice to tenants of claims against tenants 1
(1) A landlord, landlord's agent or a person on behalf of a landlord who 2
makes a claim for payment of a rental bond without the consent of the 3
tenant must give the tenant: 4
(a) a copy of a completed condition report about the residential 5
premises at the end of the residential tenancy agreement, and 6
(b) copies of any estimates, quotes, invoices or receipts for work for 7
which the rental bond is claimed. 8
(2) The documents must be provided within 7 days of the claim being 9
made. 10
(3) The documents must also be provided to the Director-General of the 11
Department of Human Services if the whole or part of the rental bond 12
was paid by or on behalf of that Department. 13
(4) A person who, without reasonable excuse, contravenes this section is 14
guilty of an offence. 15
Maximum penalty: 20 penalty units. 16
166 Matters that may be subject of rental bond claim 17
(1) A landlord is entitled to claim from the rental bond for the residential 18
tenancy agreement any of the following: 19
(a) the reasonable cost of repairs to, or the restoration of, the 20
residential premises or goods leased with the premises, as a result 21
of damage (other than fair wear and tear) caused by the tenant, an 22
occupant or an invitee of the tenant, 23
(b) any rent or other charges owing and payable under the residential 24
tenancy agreement or this Act, 25
(c) the reasonable cost of cleaning any part of the premises not left 26
reasonably clean by the tenant, having regard to the condition of 27
the premises at the commencement of the tenancy, 28
(d) the reasonable cost of replacing locks or other security devices 29
altered, removed or added by the tenant without the consent of 30
the landlord, 31
(e) any other amounts prescribed by the regulations. 32
(2) This section does not limit the matters for which the landlord may claim 33
from the rental bond for a residential tenancy agreement. 34
Page 82
Residential Tenancies Bill 2010 Clause 167
Rental bonds Part 8
167 Payment where no dispute 1
The Director-General must pay the amount of a claim for rental bond if: 2
(a) the claim is made jointly by or on behalf of the landlord and 3
tenant, or 4
(b) the claim is made by or on behalf of the landlord and directs the 5
payment of an amount to the tenant, or 6
(c) the claim is made by or on behalf of a tenant and directs the 7
payment of an amount to the landlord, or 8
(d) the claim is made by or on behalf of the landlord or the tenant for 9
payment to the party by or on whose behalf the claim is made and 10
the Tribunal or another party to the agreement fails to notify the 11
Director-General of a dispute within the claim notice period. 12
168 Disputed rental bond claims 13
(1) This section applies if the Director-General is notified in writing within 14
the claim notice period or before payment of a claim for a rental bond 15
that a claim for the payment of an amount of rental bond is the subject 16
of proceedings before the Tribunal or a court. 17
(2) The Director-General may pay the claim only in the following 18
circumstances: 19
(a) if the party who disputes the claim gives the Director-General 20
written notice of the party's consent to payment of the claim, 21
(b) in accordance with an order of the Tribunal or court, 22
(c) if any applicable order of the Tribunal or court has been satisfied, 23
(d) if the proceedings are withdrawn. 24
(3) If any applicable order of the Tribunal or a court has been wholly or 25
partly satisfied before a claim for an amount of rental bond is paid, any 26
amount of rental bond no longer required to satisfy the order must be 27
paid to the party who would, but for the claim, be entitled to the amount. 28
(4) The Director-General must not pay an amount of a claim until 29
proceedings affecting the claim are finally determined if, before any 30
amount is paid, the Director-General is given written notice of an appeal 31
against a relevant decision of the Tribunal or a court. 32
(5) A payment by the Director-General of an amount under this section in 33
accordance with an order of the Tribunal or a court is for all purposes 34
taken to be a payment by the person subject to the order. 35
Page 83
Clause 169 Residential Tenancies Bill 2010
Part 8 Rental bonds
169 Appeals may be made despite payment 1
A person may appeal against a decision of the Tribunal or a court 2
affecting the payment of an amount of rental bond even though the 3
Director-General has paid an amount of rental bond under this Division. 4
170 Payment to other persons 5
The Director-General may, if directed to do so by a person to whom a 6
rental bond is payable, pay the whole or part of an amount of the rental 7
bond to another person. 8
171 Payment to Director-General of Department of Human Services 9
Any amount of rental bond payable to a tenant under this Division is 10
payable instead to the Director-General of the Department of Human 11
Services, to the extent that the amount of the bond was paid on behalf 12
of the tenant by that Director-General or the New South Wales Land and 13
Housing Corporation. 14
172 Director-General not required to pay excess amount 15
The Director-General is not required to pay an amount of rental bond 16
under this Division to the extent that the amount claimed exceeds the 17
amount of rental bond held by the Director-General for the particular 18
residential tenancy agreement. 19
173 Payment of interest by Director-General on rental bond amounts 20
(1) The Director-General must pay interest on an amount of rental bond 21
paid if the regulations provide for the payment of interest. 22
(2) The regulations may prescribe the rate and manner of payment of any 23
such interest. 24
(3) No other interest is payable on an amount of rental bond. 25
174 Repayment of bond to former co-tenant 26
(1) This section applies if the tenancy of a co-tenant is terminated and the 27
residential tenancy agreement continues in force in relation to one or 28
more other co-tenants. 29
(2) The remaining co-tenant or co-tenants must, within 14 days of a request 30
by a former co-tenant, pay to the former co-tenant an amount equal to 31
the rental bond (if any) paid by the former co-tenant for the residential 32
tenancy agreement. 33
(3) The remaining co-tenant or co-tenants may deduct from that amount 34
any amount owed to them by the former co-tenant for rent or other 35
reasonable costs associated with the residential premises. 36
Page 84
Residential Tenancies Bill 2010 Clause 175
Rental bonds Part 8
(4) If a final apprehended violence order is in force prohibiting a former 1
co-tenant from having access to the residential premises, the remaining 2
tenant or tenants are not required to pay the amount referred to in 3
subsection (2) within the period required by that subsection. 4
(5) A former co-tenant who is paid an amount in accordance with this 5
section is not entitled to payment of any other amount of rental bond for 6
the residential tenancy agreement. 7
(6) This section does not apply if the liabilities of the former co-tenant 8
under the residential tenancy agreement exceed the amount of rental 9
bond paid by the former co-tenant. 10
175 Powers of Tribunal 11
(1) The Tribunal may, on application by a landlord or tenant or any other 12
person (including a former co-tenant) who has an interest in the 13
payment of a rental bond, make an order as to the payment of the 14
amount of the rental bond. 15
(2) The Tribunal may make an order whether or not the amount of a rental 16
bond has been paid by the Director-General. 17
(3) An application for an order must be made within the period prescribed 18
by the regulations. 19
176 Proof of deposit of bond 20
A certificate purporting to be a certificate given by the Director-General 21
stating that no rental bond has been deposited with, or that no rental 22
bond was or is held on deposit by, the Director-General in relation to a 23
tenancy of specified residential premises during a specified period is 24
admissible in any proceedings and is evidence of the matters stated, in 25
the absence of evidence to the contrary. 26
Division 4 Rental Bond Board 27
177 Constitution of Rental Bond Board 28
(1) There is constituted by this Act a corporation with the name Rental 29
Bond Board. 30
(2) The Board is subject to the direction and control of the Minister in the 31
exercise of its functions. 32
(3) The Board has the functions conferred or imposed on it by or under this 33
or any other Act. 34
(4) The Board is, for the purposes of any Act, a NSW Government agency. 35
Page 85
Clause 178 Residential Tenancies Bill 2010
Part 8 Rental bonds
(5) The Board cannot employ any staff. 1
Note. Staff may be employed under Chapter 1A of the Public Sector 2
Employment and Management Act 2002 in the Government Service to enable 3
the Board to exercise its functions. 4
178 Members of Rental Bond Board 5
(1) The Board is to consist of the following 5 members: 6
(a) the Director-General of the Department of Services, Technology 7
and Administration, 8
(b) the Director-General of the Department of Human Services, 9
(c) the Secretary of the Treasury, 10
(d) 2 members appointed by the Minister who have, in the opinion of 11
the Minister, experience in real estate or tenancy matters. 12
(2) The Director-General of the Department of Services, Technology and 13
Administration is to be the Chairperson of the Board. 14
(3) Schedule 1 contains provisions about the membership and procedures 15
of the Board. 16
179 Delegation 17
(1) The Board may delegate to an authorised person any of its functions, 18
other than this power of delegation. 19
(2) A delegate may sub-delegate to an authorised person any function 20
delegated by the Board if the delegate is authorised to do so by the 21
Board. 22
(3) In this section: 23
authorised person means: 24
(a) a member of staff of the Department, or 25
(b) a person, or a person of a class, prescribed by the regulations. 26
Division 5 Functions of Board relating to residential 27
accommodation 28
180 Joint ventures for residential accommodation 29
(1) The Board may, with the approval of the Minister and the concurrence 30
of the Treasurer, enter into a joint venture (including a partnership and 31
any other association) with other persons or bodies, whether or not 32
incorporated. 33
(2) The joint venture is to be for the purpose of the development (including 34
the acquisition, management, leasing and disposal) of land for or in 35
connection with the provision of residential accommodation. 36
Page 86
Residential Tenancies Bill 2010 Clause 181
Rental bonds Part 8
181 Joint venture powers 1
(1) The Board may, for the purposes of such a joint venture, with the 2
approval of the Minister: 3
(a) form, or participate in the formation of, a private corporation, and 4
(b) purchase, hold, dispose of or deal with shares in, or subscribe to 5
the issue of shares by, any private corporation, and 6
(c) make advances of money or provide other financial 7
accommodation to any person or body (whether or not 8
incorporated) participating in the joint venture or acting for or on 9
behalf of the joint venture, and 10
(d) do any other things that are necessary or convenient for, or 11
incidental to, the joint venture. 12
(2) A corporation in which the Board has a controlling interest because of 13
its shareholding in the capital of the company is not and does not 14
represent the Crown. 15
182 Investment in residential accommodation unit trusts 16
(1) The Board may invest money in units in a residential accommodation 17
unit trust and may, with the approval of the Minister, underwrite the 18
issue of units in such a trust. 19
(2) A residential accommodation unit trust is a unit trust providing for 20
participation by unit holders in income and profits arising from the 21
development of property that wholly or partly comprises residential 22
accommodation. 23
(3) Development of property includes the acquisition, holding, 24
management, leasing and disposal of property. 25
183 Guarantees etc by Board 26
(1) The Board may, with the approval of the Minister: 27
(a) guarantee the due performance of an obligation incurred by a 28
person or body in connection with a scheme for the provision of 29
residential accommodation, and 30
(b) make good a loss incurred by a person or body in connection with 31
a scheme for the provision of residential accommodation, and 32
(c) indemnify a person or body against a liability incurred under a 33
guarantee (provided by the person or body) of the kind which the 34
Board could provide under this section, and 35
(d) enter into and give effect to an agreement to do anything which 36
the Board is authorised to do under this section. 37
Page 87
Clause 184 Residential Tenancies Bill 2010
Part 8 Rental bonds
(2) The following are examples of schemes for the provision of residential 1
accommodation: 2
(a) a joint venture that the Board enters into under this Division, 3
(b) a residential accommodation unit trust in which the Board is 4
empowered to invest under this Division. 5
(3) A permissible method of making good a loss involving such a 6
residential accommodation unit trust is investment in units in the trust. 7
184 Finance 8
(1) Amounts may be paid from the Rental Bond Interest Account to meet 9
expenditure by the Board under this Division. 10
(2) Amounts may also be paid from the Rental Bond Account to meet so 11
much of that expenditure as is attributable to the provision of financial 12
accommodation (including advances). 13
(3) Interest and other income accruing to the Board in connection with any 14
investment made, financial accommodation provided or joint venture 15
entered into under this Division must be paid into the Rental Bond 16
Interest Account. 17
Division 6 Financial matters 18
185 Rental Bond Account 19
(1) There is to be established a Rental Bond Account into which is to be 20
paid: 21
(a) all rental bonds paid to the Director-General, and 22
(b) any other money payable to the Account under this or any other 23
Act. 24
(2) There is to be paid from the Rental Bond Account: 25
(a) the amount of any rental bonds payable under this Act, and 26
(b) money for the purpose of investment of the Account, and 27
(c) any other money that is payable from the Account under this or 28
any other Act. 29
186 Rental Bond Interest Account 30
(1) There is to be established a Rental Bond Interest Account into which is 31
to be paid: 32
(a) all income from any investment of the Rental Bond Account, and 33
(b) the income from any investment of the Rental Bond Interest 34
Account, and 35
Page 88
Residential Tenancies Bill 2010 Clause 186
Rental bonds Part 8
(c) any other money payable to the Rental Bond Interest Account 1
under this or any other Act. 2
(2) There is to be paid from the Rental Bond Interest Account: 3
(a) money for the purpose of investment of the Rental Bond Interest 4
Account, and 5
(b) the costs of, or expenses incurred in, administering this Act, and 6
(c) half the costs of, or expenses incurred in, administering the 7
Tenancy, Social Housing, Retirement Villages and Residential 8
Parks Divisions of the Tribunal, and 9
(d) grants or loans for the purposes set out in subsection (3), and 10
(e) any other money that is payable from the Rental Bond Interest 11
Account or the Rental Bond Account under this or any other Act. 12
Note. Amounts may be paid out of the Rental Bond Interest Account for 13
the purposes of expenditure under Division 5 of this Part (related to the 14
provision of residential accommodation). 15
(3) The Director-General may make a grant or loan, on the 16
recommendation of the Board and with the approval of the Minister, 17
from the Rental Bond Interest Account for the following purposes: 18
(a) establishing and administering tenancy advisory services, 19
(b) schemes for the provision of residential accommodation, 20
(c) education about tenancy laws and the rights and obligations of 21
landlords and tenants, 22
(d) research into matters relevant to the relationship of landlord and 23
tenant, 24
(e) other activities for the benefit of landlords and tenants. 25
Page 89
Clause 187 Residential Tenancies Bill 2010
Part 9 Powers of Tribunal
Part 9 Powers of Tribunal 1
Division 1 General powers of Tribunal 2
187 Orders that may be made by Tribunal 3
(1) The Tribunal may, on application by a landlord or tenant or other person 4
under this Act, or in any proceedings under this Act, make one or more 5
of the following orders: 6
(a) an order that restrains any action in breach of a residential 7
tenancy agreement, 8
(b) an order that requires an action in performance of a residential 9
tenancy agreement, 10
(c) an order for the payment of an amount of money, 11
(d) an order as to compensation, 12
(e) an order that a party to a residential tenancy agreement perform 13
such work or take such other steps as the order specifies to 14
remedy a breach of the agreement, 15
(f) an order that requires payment of part or all of the rent payable 16
under a residential tenancy agreement to the Tribunal until the 17
whole or part of the agreement has been performed or any 18
application for compensation has been determined, 19
(g) an order that requires rent paid to the Tribunal to be paid towards 20
the cost of remedying a breach of the residential tenancy 21
agreement or towards the amount of any compensation, 22
(h) an order directing a landlord, landlord's agent or tenant to comply 23
with a requirement of this Act or the regulations, 24
(i) a termination order or an order for the possession of premises, 25
(j) an order directing a landlord or landlord's agent to give a former 26
tenant or person authorised by a former tenant access to 27
residential premises for the purpose of recovering goods of the 28
former tenant or fixtures that the former tenant is entitled to 29
remove. 30
(2) Without limiting the Tribunal's power to make an order as to 31
compensation, the Tribunal may order compensation to be paid for the 32
following: 33
(a) loss of rent, 34
(b) any other breach of a residential tenancy agreement, 35
(c) loss or damage suffered by a person as a result of inaccurate, 36
ambiguous or out-of-date information being listed about the 37
person on a residential tenancy database. 38
Page 90
Residential Tenancies Bill 2010 Clause 188
Powers of Tribunal Part 9
(3) An order under subsection (1) (a) or (b) may be made even though it 1
provides a remedy in the nature of an injunction or order for specific 2
performance in circumstances in which such a remedy would not 3
otherwise be available. 4
(4) The Tribunal must not make an order for: 5
(a) the payment of an amount that exceeds the amount (if any) 6
prescribed by the regulations for the purposes of this section, or 7
(b) the performance of work or the taking of steps the cost of which 8
is likely to or will exceed the amount (if any) prescribed by the 9
regulations for the purposes of this section. 10
Note. This Act also confers other order-making powers on the Tribunal, 11
including other specific powers to make termination orders, to declare that 12
premises have been abandoned, to make orders about holding fees and to 13
make various orders about rental bonds. 14
188 General order-making power of Tribunal 15
The Tribunal may, in any proceedings before it under this Act, make 16
any one or more of the following orders: 17
(a) an order that the Tribunal may make under this Act, 18
(b) an order that varies or sets aside, or stays or suspends the 19
operation of, any order made in proceedings or earlier 20
proceedings, 21
(c) any ancillary order the Tribunal thinks appropriate, 22
(d) an interim order. 23
189 Application of provisions relating to Tribunal 24
(1) A provision of this Act that enables a landlord or tenant to apply for an 25
order by the Tribunal and the Tribunal to make an order also applies, 26
where appropriate, to a former landlord or a former tenant. 27
(2) To avoid doubt, this Part also applies to matters that arise by virtue of 28
jurisdiction conferred on the Tribunal by the Residential Parks 29
Act 1998. 30
Division 2 Powers of Tribunal relating to breaches of 31
residential tenancy agreements 32
190 Applications relating to breaches of residential tenancy agreements 33
(1) A landlord or a tenant may apply to the Tribunal for an order in relation 34
to a breach of a residential tenancy agreement within the period 35
prescribed by the regulations after the landlord or tenant becomes aware 36
of the breach or within such other period as may be prescribed by the 37
regulations. 38
Page 91
Clause 191 Residential Tenancies Bill 2010
Part 9 Powers of Tribunal
(2) An application may be made: 1
(a) during or after the end of a residential tenancy agreement, and 2
(b) whether or not a termination notice has been given or a 3
termination order made. 4
(3) A landlord's agent may make an application on behalf of a landlord. 5
191 Matters for consideration by Tribunal in applications relating to security 6
breaches 7
(1) This section applies to proceedings before the Tribunal relating to a 8
breach of Division 7 of Part 3. 9
(2) For the purposes of determining whether a landlord has provided 10
residential premises that are reasonably secure, the Tribunal may 11
consider (but is not limited to considering) the following matters: 12
(a) the physical characteristics of the premises and adjoining areas, 13
(b) the requirements of insurance companies for allowing the tenant 14
to obtain insurance for property of the tenant kept at the premises, 15
(c) the likelihood of break-ins or unlawful entry or risks to the 16
tenant's personal safety. 17
(3) For the purposes of determining whether compensation is payable to a 18
tenant for a breach of the obligation to provide residential premises that 19
are reasonably secure, the Tribunal must consider (but is not limited to 20
considering) the actions taken, or that should reasonably have been 21
taken, by the tenant and the landlord for the security of the premises. 22
Division 3 Powers of Director-General in proceedings 23
192 Director-General may represent persons 24
In any proceedings before the Tribunal under this Act, a person may, 25
despite any other law, be represented by the Director-General or by a 26
legal practitioner or agent for the Director-General. 27
193 Director-General may take or defend proceedings 28
(1) If a person, not being a corporation, has made a complaint to the 29
Director-General and the Director-General: 30
(a) after investigating the complaint, is satisfied that the person may 31
have a right to take or defend proceedings before the Tribunal, 32
and 33
Page 92
Residential Tenancies Bill 2010 Clause 194
Powers of Tribunal Part 9
(b) is of the opinion that it is in the public interest that the 1
Director-General should take or defend those proceedings on 2
behalf of the person, 3
the Director-General may, with the consent of the person, take or defend 4
those proceedings on behalf of and in the name of the person. 5
(2) If the Minister so directs and the person consents, the Director-General 6
must take or defend proceedings before the Tribunal on behalf of a 7
person. 8
194 Conduct of proceedings by Director-General 9
If the Director-General takes or defends proceedings before the 10
Tribunal on behalf of a person: 11
(a) the Director-General is to have the conduct of those proceedings 12
on behalf of the person, may appear personally or by a legal 13
practitioner or agent and may do all things that are necessary or 14
expedient to give effect to an order or a decision of the Tribunal, 15
and 16
(b) the Director-General is liable to pay the costs (if any) of the 17
person, and 18
(c) the person is liable to pay any other amount that the Tribunal 19
orders the person to pay. 20
195 Intervention by Director-General 21
(1) Without limiting any other provision of this Division, the 22
Director-General may, if of the opinion that it would be in the public 23
interest to do so, or, at the direction of the Minister must, intervene, and 24
has a right to be heard personally or by legal practitioner or agent, in any 25
proceedings arising under this Act or the regulations before the 26
Tribunal. 27
(2) The Director-General, on intervening in any proceedings, becomes a 28
party to the proceedings and has all the rights of such a party. 29
Page 93
Clause 196 Residential Tenancies Bill 2010
Part 10 Enforcement
Part 10 Enforcement 1
Division 1 Powers of investigators 2
196 Powers of entry and other powers 3
(1) An investigator may exercise the powers conferred by this section for 4
the purposes of: 5
(a) investigating whether the provisions of this Act or the regulations 6
are being complied with, or 7
(b) obtaining evidence, documents or information in relation to a 8
matter that constitutes or may constitute a contravention of this 9
Act or the regulations. 10
(2) An investigator may enter any premises at any reasonable time and may 11
inspect and do any one or more of the following: 12
(a) require any person on those premises to produce any documents 13
in the possession or under the control of the person in written 14
form and inspect those documents, 15
(b) take copies of or extracts from, or make notes from, any such 16
documents and, for that purpose, take temporary possession of 17
any such documents, 18
(c) take such photographs, films and audio, video and other 19
recordings as the investigator considers necessary, 20
(d) require any person on those premises to answer questions or 21
otherwise furnish information in relation to a contravention of 22
this Act or the regulations, 23
(e) require the owner or occupier of those premises to provide the 24
investigator with such assistance and facilities as are reasonably 25
necessary to enable the investigator to exercise the functions of 26
an investigator under this Division. 27
(3) An investigator is not entitled to enter a part of premises used for 28
residential purposes except: 29
(a) with the consent of the occupier, or 30
(b) under the authority of a search warrant. 31
(4) An investigator may not exercise in any premises a function conferred 32
by this Division unless the investigator produces a certificate of 33
identification to the person apparently in charge of those premises or 34
apparently in charge of any work being performed on those premises. 35
Page 94
Residential Tenancies Bill 2010 Clause 197
Enforcement Part 10
197 Power of investigator to obtain information, documents and evidence 1
If an investigator believes on reasonable grounds that a person is 2
capable of giving information, producing documents, or giving 3
evidence in relation to a matter that constitutes, or may constitute, an 4
offence under this Act or the regulations, the investigator may, by 5
written notice given to the person, require the person: 6
(a) to provide an investigator, by writing signed by the person (or, in 7
the case of a corporation, by a competent officer of the 8
corporation) and given to the investigator within the time and in 9
the manner specified in the notice, with any such information, or 10
(b) to produce to an investigator, in accordance with the notice, any 11
such documents, or 12
(c) to appear before an investigator at a time and place specified in 13
the notice and give any such evidence, either orally or in writing, 14
and produce any such documents. 15
198 Obstruction of investigator 16
(1) A person must not: 17
(a) without reasonable excuse, refuse or fail to comply with any 18
notice given or requirement made, or to answer any question 19
asked, by an investigator under this Division, or 20
(b) provide information or give evidence in purported compliance 21
with a requirement made or question asked by an investigator 22
under this Division knowing the information or evidence to be 23
false or misleading in a material particular, or 24
(c) wilfully delay, hinder or obstruct an investigator in the exercise 25
of the investigator's functions under this Division. 26
Maximum penalty: 20 penalty units. 27
(2) Despite any other provision of this Division, a natural person is excused 28
from answering any question, providing any information, giving 29
evidence or producing or permitting the inspection of a document in 30
accordance with this Division on the ground that the answer, 31
information, evidence or document may tend to incriminate the person. 32
199 Taking possession of documents to be used as evidence 33
(1) If an investigator takes possession of any documents under this Division 34
for the purpose of obtaining evidence or protecting evidence from 35
destruction, they may be retained by the investigator until the 36
completion of proceedings (including proceedings on appeal) in which 37
they may be evidence. 38
Page 95
Clause 200 Residential Tenancies Bill 2010
Part 10 Enforcement
(2) The person from whom the documents are taken must be provided, 1
within a reasonable time after the documents are taken, with a copy of 2
the documents certified by an investigator as a true copy. 3
200 Search warrants 4
(1) An investigator may apply to an issuing officer for the issue of a search 5
warrant for premises if the investigator believes on reasonable grounds: 6
(a) that a provision of this Act or the regulations is being or has been 7
contravened on the premises, or 8
(b) that there is on the premises evidence of a contravention of this 9
Act or the regulations. 10
(2) An issuing officer to whom an application for a search warrant is made 11
under this section may, if satisfied that there are reasonable grounds for 12
doing so, issue a search warrant authorising an investigator named in the 13
warrant, when accompanied by a police officer, and any other person 14
named in the warrant: 15
(a) to enter the premises concerned, and 16
(b) to search the premises for evidence of a contravention of this Act 17
or the regulations. 18
(3) Division 4 of Part 5 of the Law Enforcement (Powers and 19
Responsibilities) Act 2002 applies to a search warrant issued under this 20
section. 21
(4) In this section: 22
issuing officer means an authorised officer within the meaning of the 23
Law Enforcement (Powers and Responsibilities) Act 2002. 24
201 Application of Fair Trading Act 1987 25
The powers conferred on an investigator by this Division are in addition 26
to any powers conferred on an investigator under the Fair Trading 27
Act 1987. 28
Division 2 Offences 29
202 Nature of proceedings for offences 30
(1) Proceedings for an offence under this Act or the regulations may be 31
dealt with summarily before the Local Court. 32
(2) Proceedings for an offence under section 120 (1) may also, with the 33
consent of the Minister, be dealt with by the Supreme Court in its 34
summary jurisdiction. 35
Page 96
Residential Tenancies Bill 2010 Clause 203
Enforcement Part 10
(3) The maximum monetary penalty that may be imposed by the Local 1
Court in proceedings for an offence against this Act is 50 penalty units 2
or such other amount as may be prescribed by the regulations. 3
(4) Proceedings for an offence against this Act may be brought within the 4
period of 3 years that next succeeds the commission of the offence or, 5
only with the consent of the Attorney General, at any time. 6
203 Penalty notices 7
(1) An authorised officer may serve a penalty notice on a person if it 8
appears to the officer that the person has committed an offence against 9
this Act or the regulations, being an offence prescribed by the 10
regulations as a penalty notice offence. 11
(2) A penalty notice is a notice to the effect that, if the person served does 12
not wish to have the matter determined by a court, the person can pay, 13
within the time and to the person specified in the notice, the amount of 14
the penalty prescribed by the regulations for the offence if dealt with 15
under this section. 16
(3) A penalty notice under this section is declared to be a penalty notice for 17
the purposes of the Fines Act 1996. 18
(4) A penalty notice may be served personally or by post. 19
(5) If the amount of penalty prescribed for an alleged offence is paid under 20
this section, no person is liable to any further proceedings for the 21
alleged offence. 22
(6) Payment under this section is not to be regarded as an admission of 23
liability for the purpose of, and does not in any way affect or prejudice, 24
any civil claim, action or proceeding arising out of the same occurrence. 25
(7) The regulations may: 26
(a) prescribe an offence for the purposes of this section by specifying 27
the offence or by referring to the provision creating the offence, 28
and 29
(b) prescribe the amount of penalty payable for the offence if dealt 30
with under this section, and 31
(c) prescribe different amounts of penalties for different offences or 32
classes of offences. 33
(8) The amount of a penalty prescribed under this section for an offence is 34
not to exceed the maximum amount of penalty that could be imposed for 35
the offence by a court. 36
(9) This section does not limit the operation of any other provision of, or 37
made under, this or any other Act relating to proceedings that may be 38
taken in respect of offences. 39
Page 97
Clause 204 Residential Tenancies Bill 2010
Part 10 Enforcement
(10) In this section, authorised officer means a person authorised in writing 1
by the Director-General as an authorised officer for the purposes of this 2
section. 3
204 Offences by corporations 4
(1) If a corporation contravenes, whether by act or omission, any provision 5
of this Act or the regulations, each person who is a director of the 6
corporation or who is concerned in the management of the corporation 7
is taken to have contravened the same provision if the person knowingly 8
authorised or permitted the contravention. 9
(2) A person may be proceeded against and convicted under a provision 10
pursuant to subsection (1) whether or not the corporation has been 11
proceeded against or has been convicted under the provision. 12
(3) Nothing in this section affects any liability imposed on a corporation for 13
an offence committed by the corporation under this Act or the 14
regulations. 15
205 Aiding and abetting etc 16
A person who: 17
(a) aids, abets, counsels or procures, or 18
(b) induces, or attempts to induce, whether by threats or promises or 19
otherwise, or 20
(c) is in any way, directly or indirectly, knowingly concerned in, or 21
party to, 22
the commission of an offence against this Act or the regulations is taken 23
to have committed that offence and is punishable accordingly. 24
Division 3 Mandatory appointment of agents for landlords 25
206 Appointment of landlord's agents 26
(1) The Director-General may, by written notice given to a landlord: 27
(a) direct the landlord to appoint, at the landlord's expense, a 28
landlord's agent to manage a tenancy under a residential tenancy 29
agreement between the landlord and a specified person, and 30
(b) direct that the landlord's affairs in relation to the tenancy be 31
conducted through the agent. 32
(2) A notice may specify the period within which an appointment is to be 33
made, the minimum period for which the appointment is to be made and 34
persons who must not be appointed by the landlord. 35
Page 98
Residential Tenancies Bill 2010 Clause 207
Enforcement Part 10
(3) A landlord's agent who is appointed by a landlord who has been given 1
a direction must give written notice to the Director-General: 2
(a) of the appointment, and 3
(b) if the person ceases to be the landlord's agent. 4
(4) The Director-General must not give a direction under this section unless 5
the Director-General is satisfied that the landlord has engaged in 6
persistent or serious breaches of this Act, the regulations or residential 7
tenancy agreements (whether or not in relation to the residential 8
premises affected by the direction). 9
(5) The Director-General must not give a direction under this section if the 10
landlord has appointed a landlord's agent. 11
(6) The Director-General may, by further written notice given to the 12
landlord, revoke or vary a direction given under this section. 13
(7) A landlord must not, without reasonable excuse, fail to comply with a 14
direction under this section. 15
Maximum penalty: 20 penalty units. 16
207 Review by Administrative Decisions Tribunal 17
A landlord may apply to the Administrative Decisions Tribunal for a 18
review of a decision of the Director-General to give a direction under 19
this Division. 20
Division 4 Costs in certain court proceedings 21
208 Costs in court proceedings 22
If a court in any proceedings is of the opinion that, having regard to the 23
subject-matter of the proceedings, the taking of the proceedings was not 24
warranted in the circumstances of the case because this Act makes 25
adequate provision for the enforcement by the Tribunal of the rights 26
concerned, the court, unless it is of the opinion that it would be unjust 27
to do so, must order the plaintiff to pay the defendant's costs in such 28
amount as the court determines. 29
Page 99
Clause 209 Residential Tenancies Bill 2010
Part 11 Residential tenancy databases
Part 11 Residential tenancy databases 1
Division 1 Preliminary 2
209 Definitions 3
In this Part: 4
agent of a landlord means a person acting on behalf of a landlord and 5
includes a landlord's agent. 6
database means a system, device or other thing used for storing 7
information, whether electronically or in some other form. 8
list personal information about a person in a residential tenancy 9
database means: 10
(a) enter the personal information into the database, or 11
(b) give the personal information to a database operator or someone 12
else for entry into the database, 13
and includes amend personal information about the person in the 14
database to include additional personal information about the person. 15
out-of-date, in relation to personal information in a residential tenancy 16
database, means the information is no longer accurate because: 17
(a) for a listing made on the basis the person owes a landlord an 18
amount that is more than the rental bond for a residential tenancy 19
agreement--the amount owed was paid to the landlord within 20
3 months after the amount became due, or 21
(b) for a listing made on the basis the Tribunal has made a 22
termination order--the order has been suspended, the warrant for 23
possession has lapsed or the parties have entered into a new 24
residential tenancy agreement. 25
personal information means: 26
(a) an individual's name, or 27
(b) information or an opinion, whether true or not, about an 28
individual whose identity is apparent, or can be reasonably 29
ascertained, from the information or opinion. 30
residential premises includes residential premises within the meaning 31
of the Residential Parks Act 1998. 32
residential tenancy agreement includes a residential tenancy 33
agreement or a residential site agreement within the meaning of the 34
Residential Parks Act 1998. 35
Page 100
Residential Tenancies Bill 2010 Clause 210
Residential tenancy databases Part 11
residential tenancy database means a database: 1
(a) containing personal information: 2
(i) relating to, or arising from, the occupation of residential 3
premises under a residential tenancy agreement, or 4
(ii) entered into the database for reasons relating to, or arising 5
from, the occupation of residential premises under a 6
residential tenancy agreement, and 7
(b) the purpose of which is for use by landlords or agents of landlords 8
for checking a person's tenancy history to decide whether a 9
residential tenancy agreement should be entered into with the 10
person. 11
tenant includes a resident or proposed resident within the meaning of 12
the Residential Parks Act 1998. 13
210 Application of Part 14
This Part does not apply to a residential tenancy database kept by an 15
entity (including a government department or a department of a 16
government of another State or Territory) for use only by that entity or 17
its staff. 18
Division 2 Tenancy database information 19
211 Notice of database and listing 20
(1) This section applies if: 21
(a) a person (the applicant) applies to a landlord, whether or not 22
through an agent of the landlord, to enter into a residential 23
tenancy agreement, and 24
(b) the landlord or, if the application is made through an agent, the 25
agent uses a residential tenancy database in deciding whether a 26
residential tenancy agreement should be entered into with the 27
person. 28
(2) If personal information about the applicant is in the database, the 29
landlord or agent must, as soon as possible but within 7 days after using 30
the database, give the applicant a written notice stating: 31
(a) that personal information about the applicant is in the database, 32
and 33
(b) particulars of the landlord or agent who listed the personal 34
information in the database and information about the right to 35
seek a copy of the information from that person, and 36
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Clause 212 Residential Tenancies Bill 2010
Part 11 Residential tenancy databases
(c) how the applicant may contact the database operator that operates 1
the residential tenancy database and obtain information from the 2
operator, and 3
(d) how and in what circumstances the applicant can have the 4
information removed or amended under this Part. 5
212 Listing can be made only for particular breaches by particular persons 6
A landlord or agent of a landlord must not list personal information 7
about a person in a residential tenancy database unless: 8
(a) the person was named as a tenant in a residential tenancy 9
agreement that has terminated or the person's co-tenancy was 10
terminated, and 11
(b) the person breached the agreement, and 12
(c) because of the breach, the person owes the landlord an amount 13
that is more than the rental bond for the agreement or the Tribunal 14
has made a termination order, and 15
(d) the personal information identifies the nature of the breach and is 16
accurate, complete and unambiguous. 17
213 Further restriction on listing 18
(1) A landlord or agent of a landlord must not list personal information 19
about a person in a residential tenancy database unless: 20
(a) the landlord or agent has given the person a copy of the personal 21
information or taken other reasonable steps to disclose the 22
personal information to the person, and 23
(b) the landlord or agent has given the person not less than 14 days 24
to review the personal information and make submissions 25
objecting to its entry into the database or about its accuracy, 26
completeness and clarity, and 27
(c) the landlord or agent has considered any submissions made. 28
Maximum penalty: 20 penalty units. 29
(2) This section does not apply if the landlord or agent cannot locate the 30
person after making reasonable inquiries. 31
(3) A database operator must not list personal information about a person 32
in a residential tenancy database except at the request of a landlord or 33
landlord's agent in accordance with this Part. 34
Maximum penalty: 20 penalty units. 35
Page 102
Residential Tenancies Bill 2010 Clause 214
Residential tenancy databases Part 11
214 Ensuring quality of listing--landlord's and agent's obligation 1
(1) This section applies if a landlord or agent of a landlord who lists 2
personal information in a residential tenancy database becomes aware 3
that the information is inaccurate, incomplete, ambiguous or 4
out-of-date. 5
(2) The landlord or agent must, within 7 days, give written notice of the 6
following to the database operator that keeps the database: 7
(a) that the information is inaccurate, incomplete, ambiguous or 8
out-of-date, 9
(b) if the information is inaccurate, incomplete or ambiguous--how 10
the information must be amended to make it accurate, complete 11
and unambiguous, 12
(c) if the information is out-of-date--that the information is 13
out-of-date and must be removed. 14
(3) The landlord or agent is taken to have complied with subsection (2) if 15
the landlord or agent corrects the database within 7 days. 16
215 Ensuring quality of listing--database operator's obligation 17
(1) This section applies if a landlord or agent of a landlord who has listed 18
personal information about a person in a residential tenancy database 19
gives the database operator that operates the database written notice that 20
the personal information must be: 21
(a) amended in a stated way to make it accurate, complete and 22
unambiguous, or 23
(b) removed. 24
(2) The database operator must amend the personal information in the 25
stated way, or remove the personal information, within 14 days of the 26
notice being given. 27
Maximum penalty: 20 penalty units. 28
216 Provision of copies of listed personal information 29
(1) A landlord or agent of a landlord who lists personal information about 30
a person in a residential tenancy database must, if asked in writing by 31
the person, give the person a copy of the information, without payment 32
of a fee, within 14 days after the request is made. 33
Maximum penalty: 20 penalty units. 34
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Clause 217 Residential Tenancies Bill 2010
Part 11 Residential tenancy databases
(2) A database operator must, if asked in writing by a person whose 1
personal information is in the residential tenancy database kept by the 2
operator, give the person a copy of the information within 14 days after 3
the request is made. 4
Maximum penalty: 20 penalty units. 5
(3) If a database operator charges a fee for giving personal information 6
under subsection (2): 7
(a) the fee must not be excessive, and 8
(b) subsection (2) applies only if the fee has been paid. 9
(4) This section does not require a landlord or agent of a landlord to give a 10
person personal information if the landlord or agent has previously 11
given the information to the person under this section. 12
217 Disputes about listings 13
(1) Application 14
A person may apply to the Tribunal for an order under this section if 15
personal information about the person has been listed in a residential 16
tenancy database. 17
(2) Grounds for order 18
The Tribunal may make an order under this section if it is satisfied that: 19
(a) the residential tenancy database includes personal information 20
about the applicant that is inaccurate, incomplete, ambiguous or 21
out-of-date, or 22
(b) the inclusion of the applicant's name or other personal 23
information about the applicant is unjust in the circumstances, 24
having regard to the following: 25
(i) the reason for the listing, 26
(ii) the tenant's involvement in any acts or omissions giving 27
rise to the listing, 28
(iii) any adverse consequences suffered, or likely to be 29
suffered, by the tenant because of the listing, 30
(iv) any other relevant matter. 31
(3) Orders by Tribunal 32
The Tribunal may order personal information about a person in a 33
residential tenancy database to be wholly or partly removed, amended 34
in a stated way or not listed in a residential tenancy database. The 35
Tribunal must give a copy of the order to the landlord, tenant and 36
database operator. 37
Page 104
Residential Tenancies Bill 2010 Clause 218
Residential tenancy databases Part 11
(4) Orders affecting other persons 1
If the Tribunal makes an order directing a person other than a landlord 2
or agent to remove, amend or not list information in a residential 3
tenancy database, the Tribunal must give a copy of the order to the 4
person. 5
218 Limit on period of listing 6
(1) A database operator must not keep personal information in the 7
operator's residential tenancy database for longer than: 8
(a) if the national privacy principles require the operator to remove 9
the personal information within a stated period of less than 10
3 years--the stated period, or 11
(b) in any other case--3 years. 12
(2) However, this section does not apply to a person's name if it is 13
necessary to keep the name in the residential tenancy database for the 14
purposes of other personal information about the person in the database 15
that is not required to be removed under this section or another law. 16
(3) This section does not limit the operation of this Act or any other law that 17
requires the removal of the personal information. 18
(4) In this section: 19
national privacy principles means the principles stated in the Privacy 20
Act 1988 of the Commonwealth. 21
Page 105
Clause 219 Residential Tenancies Bill 2010
Part 12 Miscellaneous
Part 12 Miscellaneous 1
219 Contracting out prohibited 2
(1) A term of any residential tenancy agreement, contract or other 3
agreement is void to the extent that it purports to exclude, limit or 4
modify the operation of this Act or the regulations or has the effect of 5
excluding, limiting or modifying the operation of this Act or the 6
regulations. 7
(2) A person must not enter into any contract or other agreement, with the 8
intention, either directly or indirectly, of defeating, evading or 9
preventing the operation of this Act or the regulations. 10
(3) A landlord's agent must not enter into any contract or other agreement 11
with the intention, either directly or indirectly, of obtaining exclusion 12
from or indemnity for personal liability for any act on behalf of the 13
landlord that renders the landlord's agent liable for an offence under this 14
Act. 15
Maximum penalty: 20 penalty units. 16
220 Contracts Review Act 1980 17
Nothing in this Act limits the operation of the Contracts Review 18
Act 1980. 19
221 Tenants' agents 20
(1) A tenant may appoint a person as the tenant's agent for the purpose of 21
receiving notices or documents given under the residential tenancy 22
agreement or this Act or the regulations. 23
(2) The tenant may appoint the agent in the residential tenancy agreement 24
or at any time during the tenancy by written notice given to the landlord 25
or the landlord's agent. 26
(3) An appointment may be revoked at any time by written notice given to 27
the landlord or the landlord's agent. 28
(4) A landlord, landlord's agent or the Tribunal (if aware of the 29
appointment) must give to the tenant's agent any notices or other 30
documents required to be given to the tenant under the residential 31
tenancy agreement or this Act or the regulations. 32
(5) Any such notice or document is taken to have been given to the tenant 33
if it is given to the tenant's agent. 34
Page 106
Residential Tenancies Bill 2010 Clause 222
Miscellaneous Part 12
222 Functions of Director-General 1
(1) The Director-General has the following functions: 2
(a) to investigate and carry out research into matters relating to or 3
affecting tenancies of residential premises or landlords or tenants, 4
(b) to investigate suspected contraventions of this Act or the 5
regulations, 6
(c) to prosecute any offence under this Act or the regulations, 7
(d) to take other appropriate action to enforce this Act or the 8
regulations, 9
(e) to investigate and report on any matters, or make inquiries into 10
any matters, referred to the Director-General by the Minister or 11
the Tribunal in connection with this Act or the regulations, 12
(f) to distribute information (in English or any other language) to the 13
public about this Act, tenancies, residential tenancy agreements 14
and services provided under this Act by the Tribunal and other 15
persons, 16
(g) any other function conferred or imposed by or under this Act on 17
the Director-General. 18
(2) The Director-General may delegate to a person any of the 19
Director-General's functions under this Act, other than this power of 20
delegation. 21
223 Service of notices or other documents 22
(1) A notice or other document that is authorised or required by this Act or 23
the regulations or a residential tenancy agreement to be given to or 24
served on any person may be given or served by: 25
(a) in the case of a natural person: 26
(i) delivering it to the person personally at the person's 27
residential or business address, or 28
(ii) delivering it personally to a person apparently of or above 29
the age of 16 years at the person's residential or business 30
address, or 31
(iii) delivering it in an envelope addressed to the person and 32
leaving it in a mailbox at the person's residential or 33
business address, or 34
(iv) sending it by post to the address specified by the person for 35
the giving or service of documents or, if no such address is 36
specified, the residential or business address of the person 37
last known to the person giving or serving the document, 38
or 39
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Clause 224 Residential Tenancies Bill 2010
Part 12 Miscellaneous
(v) sending it by facsimile transmission to the facsimile 1
number of the person, or 2
(b) in the case of a corporation: 3
(i) leaving it with a person apparently of or above the age of 4
16 years at, or by sending it by post to, the head office, a 5
registered office or a principal office of the corporation or 6
to an address specified by the corporation for the giving or 7
service of documents, or 8
(ii) sending it by facsimile transmission to the facsimile 9
number of the corporation, or 10
(c) in the case of a government department: 11
(i) leaving it at, or by sending it by post to, any office of the 12
government department, or 13
(ii) sending it by facsimile transmission to the facsimile 14
number of the government department, 15
addressed to the head of the government department. 16
(2) Nothing in this section affects the operation of any provision of a law or 17
of the rules of a court authorising a document to be served on a person 18
in any other manner. 19
(3) If there is more than one landlord or tenant under a residential tenancy 20
agreement, a notice required to be served on a tenant or landlord under 21
the agreement is taken to be served on all the tenants or landlords under 22
the agreement if it is served on one of the tenants or landlords. 23
224 Regulations 24
(1) The Governor may make regulations, not inconsistent with this Act, for 25
or with respect to any matter that by this Act is required or permitted to 26
be prescribed or that is necessary or convenient to be prescribed for 27
carrying out or giving effect to this Act. 28
(2) In particular, regulations may be made for or with respect to the 29
following matters: 30
(a) a standard form or forms of residential tenancy agreement, 31
(b) a standard form or forms of condition report, 32
(c) forms for notices under this Act, 33
(d) the periods for which records under this Act or the regulations 34
must be kept, 35
(e) the times within which applications must be made to the Tribunal 36
under this Act or the regulations. 37
Page 108
Residential Tenancies Bill 2010 Clause 225
Miscellaneous Part 12
(3) A regulation may create an offence punishable by a penalty not 1
exceeding 10 penalty units. 2
225 Exclusion of personal liability 3
A matter or thing done or omitted to be done by the Director-General, 4
an investigator, a member of the Board or any person acting under the 5
direction of the Director-General or a member of the Board does not, if 6
the matter or thing was done or omitted in good faith for the purpose of 7
executing this Act or the regulations, subject the Director-General, 8
investigator, member of the Board or person so acting personally to any 9
action, liability, claim or demand. 10
226 Savings and transitional provisions 11
Schedule 2 contains savings and transitional provisions. 12
227 Review of Act 13
(1) The Minister is to review this Act to determine whether the policy 14
objectives of the Act remain valid and whether the terms of the Act 15
remain appropriate for securing those objectives. 16
(2) The review is to be undertaken as soon as possible after the period of 17
5 years from the date of assent to this Act. 18
(3) A report on the outcome of the review is to be tabled in each House of 19
Parliament within 12 months after the end of the period of 5 years. 20
Page 109
Residential Tenancies Bill 2010
Schedule 1 Membership and procedure of Rental Bond Board
Schedule 1 Membership and procedure of Rental 1
Bond Board 2
(Section 178 (3)) 3
Part 1 General 4
1 Definitions 5
In this Schedule: 6
appointed member means a member appointed by the Minister under 7
section 178 (1) (d). 8
Chairperson means the Chairperson of the Board. 9
member means any member of the Board. 10
Part 2 Constitution 11
2 Terms of office of members 12
Subject to this Schedule and the regulations, an appointed member 13
holds office for such period (not exceeding 3 years) as is specified in the 14
member's instrument of appointment, but is eligible (if otherwise 15
qualified) for re-appointment. 16
3 Remuneration 17
An appointed member is entitled to be paid such remuneration 18
(including travelling and subsistence allowances) as the Minister may 19
from time to time determine in respect of the member. 20
4 Deputies 21
(1) A member may, from time to time, appoint a person to be the deputy of 22
the member, and may revoke any such appointment. 23
(2) In the absence of a member, the member's deputy may, if available, act 24
in the place of the member. 25
(3) While acting in the place of a member, a deputy has all the functions of 26
the member and is taken to be a member. 27
(4) For the purposes of this clause, a vacancy in the office of a member is 28
taken to be an absence of the member. 29
(5) This clause does not operate to confer on the deputy of a member who 30
is the Chairperson the member's functions as Chairperson. 31
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Membership and procedure of Rental Bond Board Schedule 1
5 Vacancy in office of member 1
(1) The office of an appointed member becomes vacant if the member: 2
(a) dies, or 3
(b) completes a term of office and is not re-appointed, or 4
(c) resigns the office by instrument in writing addressed to the 5
Minister, or 6
(d) is removed from office by the Minister under this clause, or 7
(e) is absent from 3 consecutive meetings of the Board of which 8
reasonable notice has been given to the member personally or by 9
post, except on leave granted by the Minister or unless the 10
member is excused by the Minister for having been absent from 11
those meetings, or 12
(f) becomes bankrupt, applies to take the benefit of any law for the 13
relief of bankrupt or insolvent debtors, compounds with his or her 14
creditors or makes an assignment of his or her remuneration for 15
their benefit, or 16
(g) becomes a mentally incapacitated person, or 17
(h) is convicted in New South Wales of an offence that is punishable 18
by imprisonment for 12 months or more or is convicted 19
elsewhere than in New South Wales of an offence that, if 20
committed in New South Wales, would be an offence so 21
punishable. 22
(2) The Minister may remove an appointed member from office at any time. 23
6 Filling of vacancy in office of appointed member 24
If the office of any appointed member becomes vacant, a person is, 25
subject to this Act and the regulations, to be appointed to fill the 26
vacancy. 27
7 Disclosure of pecuniary interests 28
(1) If: 29
(a) a member has a direct or indirect pecuniary interest in a matter 30
being considered or about to be considered at a meeting of the 31
Board, and 32
(b) the interest appears to raise a conflict with the proper 33
performance of the member's duties in relation to the 34
consideration of the matter, 35
the member must, as soon as possible after the relevant facts have come 36
to the member's knowledge, disclose the nature of the interest at a 37
meeting of the Board. 38
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Schedule 1 Membership and procedure of Rental Bond Board
(2) A disclosure by a member at a meeting of the Board that the member: 1
(a) is a member, or is in the employment, of a specified company or 2
other body, or 3
(b) is a partner, or is in the employment, of a specified person, or 4
(c) has some other specified interest relating to a specified company 5
or other body or to a specified person, 6
is a sufficient disclosure of the nature of the interest in any matter 7
relating to that company or other body or to that person which may arise 8
after the date of the disclosure and which is required to be disclosed 9
under subclause (1). 10
(3) Particulars of any disclosure made under this clause must be recorded 11
by the Board in a book kept for the purpose and that book must be open 12
at all reasonable hours to inspection by any person on payment of the 13
fee determined by the Board. 14
(4) After a member has disclosed the nature of an interest in any matter, the 15
member must not, unless the Minister or the Board otherwise 16
determines: 17
(a) be present during any deliberation of the Board with respect to 18
the matter, or 19
(b) take part in any decision of the Board with respect to the matter. 20
(5) For the purposes of the making of a determination by the Board under 21
subclause (4), a member who has a direct or indirect pecuniary interest 22
in a matter to which the disclosure relates must not: 23
(a) be present during any deliberation of the Board for the purpose of 24
making the determination, or 25
(b) take part in the making by the Board of the determination. 26
(6) A contravention of this clause does not invalidate any decision of the 27
Board. 28
(7) This clause applies to a member of a committee of the Board and the 29
committee in the same way as it applies to a member of the Board and 30
the Board. 31
8 Effect of certain other Acts 32
(1) Chapter 2 of the Public Sector Employment and Management Act 2002 33
does not apply to or in respect of the appointment of an appointed 34
member. 35
(2) If by or under any Act provision is made: 36
(a) requiring a person who is the holder of a specified office to 37
devote the whole of his or her time to the duties of that office, or 38
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Residential Tenancies Bill 2010
Membership and procedure of Rental Bond Board Schedule 1
(b) prohibiting the person from engaging in employment outside the 1
duties of that office, 2
the provision does not operate to disqualify the person from holding that 3
office and also the office of an appointed member or from accepting and 4
retaining any remuneration payable to the person under this Act as a 5
member. 6
Part 3 Procedure 7
9 General procedure 8
The procedure for the calling of meetings of the Board and for the 9
conduct of business at those meetings is, subject to this Act and the 10
regulations, to be as determined by the Board. 11
10 Quorum 12
The quorum for a meeting of the Board is a majority of its members for 13
the time being. 14
11 Presiding member 15
(1) The Chairperson (or, in the absence of the Chairperson, a person elected 16
by the members of the Board who are present at a meeting of the Board) 17
is to preside at a meeting of the Board. 18
(2) The presiding member has a deliberative vote and, in the event of an 19
equality of votes, has a second or casting vote. 20
12 Voting 21
A decision supported by a majority of the votes cast at a meeting of the 22
Board at which a quorum is present is the decision of the Board. 23
13 Transaction of business outside meetings or by telephone etc 24
(1) The Board may, if it thinks fit, transact any of its business by the 25
circulation of papers among all the members of the Board for the time 26
being, and a resolution in writing approved in writing by a majority of 27
those members is taken to be a decision of the Board. 28
(2) The Board may, if it thinks fit, transact any of its business at a meeting 29
at which members (or some members) participate by telephone, 30
closed-circuit television or other means, but only if any member who 31
speaks on a matter before the meeting can be heard by the other 32
members. 33
(3) For the purposes of: 34
(a) the approval of a resolution under subclause (1), or 35
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Schedule 1 Membership and procedure of Rental Bond Board
(b) a meeting held in accordance with subclause (2), 1
the Chairperson and each member have the same voting rights as they 2
have at an ordinary meeting of the Board. 3
(4) A resolution approved under subclause (1) is, subject to the regulations, 4
to be recorded in the minutes of the meetings of the Board. 5
(5) Papers may be circulated among the members for the purposes of 6
subclause (1) by facsimile or other transmission of the information in 7
the papers concerned. 8
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Residential Tenancies Bill 2010
Savings, transitional and other provisions Schedule 2
Schedule 2 Savings, transitional and other 1
provisions 2
(Section 226) 3
Part 1 General 4
1 Regulations 5
(1) The regulations may contain provisions of a savings or transitional 6
nature consequent on the enactment of the following Acts: 7
this Act 8
(2) Any such provision may, if the regulations so provide, take effect from 9
the date of assent to the Act concerned or a later date. 10
(3) To the extent to which any such provision takes effect from a date that 11
is earlier than the date of its publication on the NSW legislation website, 12
the provision does not operate so as: 13
(a) to affect, in a manner prejudicial to any person (other than the 14
State or an authority of the State), the rights of that person 15
existing before the date of its publication, or 16
(b) to impose liabilities on any person (other than the State or an 17
authority of the State) in respect of anything done or omitted to 18
be done before the date of its publication. 19
Part 2 Provisions consequent on enactment of this 20
Act 21
2 Definitions 22
In this Part: 23
existing residential tenancy agreement means a residential tenancy 24
agreement in force immediately before the repeal of the former Act. 25
former Act means the Residential Tenancies Act 1987. 26
former Board means the Rental Bond Board constituted under the 1977 27
Act. 28
1977 Act means the Landlord and Tenant (Rental Bonds) Act 1977. 29
3 Application of Act to existing residential tenancy agreements 30
(1) The terms included in a residential tenancy agreement by this Act are 31
included in any existing residential tenancy agreement on the repeal of 32
the former Act. 33
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Schedule 2 Savings, transitional and other provisions
(2) This Act applies to any such agreement despite the terms of the 1
agreement. 2
(3) This clause is subject to this Schedule and the regulations. 3
4 Previous actions etc not affected 4
Nothing in this Act affects: 5
(a) the validity of any action done or payment made before the repeal 6
of the former Act in pursuance of a term of an existing residential 7
tenancy agreement that contravenes, is ineffective or is void 8
because of this Act, or 9
(b) any right or remedy which a landlord or a tenant under an existing 10
residential tenancy agreement would have had but for this Act in 11
relation to such an action or payment or any breach of the 12
agreement that occurred before the repeal of the former Act and 13
the 1977 Act. 14
5 Application to previous applications to Tribunal 15
The former Act continues to apply in relation to any application made 16
to the Tribunal under the former Act and not finally determined before 17
the commencement of this clause. 18
6 Termination of residential tenancy agreements 19
The former Act continues to apply in relation to any termination notice 20
given before the repeal of the former Act or other action, or proceedings 21
commenced before that repeal, relating to the termination of an existing 22
residential tenancy agreement or goods left on residential premises by a 23
tenant or former tenant or occupant or former occupant. 24
7 Possession of residential premises 25
The former Act continues to apply in relation to the enforcement of a 26
termination of a residential tenancy agreement that occurred before the 27
repeal of the former Act and in relation to the recovery of possession of 28
residential premises consequential on any such termination. 29
8 Application of provisions relating to termination of social housing 30
tenancy agreements on eligibility ground 31
Notice of termination of a social housing tenancy agreement on a 32
ground referred to in section 147 may not be given to a person who has 33
been a tenant of social housing premises (including more than one such 34
premises or class of premises) for a continuous period starting before 35
1 July 2005. 36
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Savings, transitional and other provisions Schedule 2
9 New Board same legal entity as former Board 1
The former Board is for all purposes (including the rules of private 2
international law) a continuation of, and the same legal entity as, the 3
Rental Bond Board constituted under this Act. 4
10 Appointed members to continue in office 5
(1) In this clause: 6
existing appointed member means a member of the former Board 7
appointed under section 6 (1) (d) of the 1977 Act, and holding office as 8
such a member, immediately before the repeal of that Act. 9
(2) Subject to clause 5 of Schedule 1, an existing appointed member 10
continues in office as a member of the Board after the repeal of the 1977 11
Act for the remainder of the person's appointment (as specified in the 12
member's instrument of appointment to the Board when last appointed 13
under the 1977 Act). 14
(3) Any such member, if eligible for re-appointment, may be re-appointed. 15
11 Existing delegations 16
A delegation, in force immediately before the repeal of the 1977 Act by 17
the former Board of a function under the 1977 Act for which there is a 18
corresponding equivalent function under this Act, continues in force as 19
if it were a delegation under this Act of the corresponding equivalent 20
function. 21
12 Bonds deposited under 1977 Act 22
(1) This clause applies to an amount of rental bond deposited under the 23
1977 Act and not paid out before the commencement of Part 8. 24
(2) The amount is taken to have been deposited under this Act and is to be 25
dealt with accordingly. 26
(3) Without limiting subclause (2), any claim for payment of any such 27
amount made and not finally dealt with before the commencement of 28
Part 8 of this Act is taken to have been made under this Act. 29
13 Existing Accounts 30
(1) The Rental Bond Account established under section 185 is a 31
continuation of, and the same fund as, the Rental Bond Account 32
established under the 1977 Act. 33
(2) The Rental Bond Interest Account established under section 186 is a 34
continuation of, and the same fund as, the Rental Bond Interest Account 35
established under the 1977 Act. 36
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Schedule 2 Savings, transitional and other provisions
14 Existing tenancy databases 1
(1) Part 11 of this Act does not apply to existing entries in a residential 2
tenancy database maintained and used immediately before the 3
commencement of this clause until 3 months after that commencement. 4
(2) This clause is subject to the regulations. 5
15 Payment of water charges 6
Section 39 (1) (b) does not apply in respect of an existing residential 7
tenancy agreement until 12 months after the commencement of that 8
provision. 9
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Residential Tenancies Bill 2010
Amendment of Acts Schedule 3
Schedule 3 Amendment of Acts 1
3.1 Consumer, Trader and Tenancy Tribunal Act 2001 No 82 2
[1] Section 5 Establishment of Consumer, Trader and Tenancy Tribunal 3
Omit "Residential Tenancies Act 1987" from the note to section 5 (2). 4
Insert instead "Residential Tenancies Act 2010". 5
[2] Section 52 Compliance with order of Tribunal 6
Omit section 52 (2) (b). 7
[3] Schedule 1 Divisions of the Tribunal 8
Omit "the Landlord and Tenant (Rental Bonds) Act 1977" from 9
clause 1 (e) (ii). 10
Insert instead "Part 8 of the Residential Tenancies Act 2010". 11
[4] Schedule 1, clause 1 (h) 12
Omit the paragraph. Insert instead: 13
(h) the Tenancy Division, in which the Tribunal's jurisdiction 14
is to be exercised in respect of any matter arising under the 15
Residential Tenancies Act 2010 (other than matters that 16
relate to residential parks or to social housing premises 17
within the meaning of that Act), 18
[5] Schedule 1, clause 1 (i) 19
Omit "Residential Tenancies Act 1987 or the Landlord and Tenant (Rental 20
Bonds) Act 1977 (or both) that relate to social housing premises, within the 21
meaning of the Residential Tenancies Act 1987". 22
Insert instead "Residential Tenancies Act 2010 that relate to social housing 23
premises within the meaning of that Act". 24
3.2 Co-operative Housing and Starr-Bowkett Societies Act 1998 25
No 11 26
[1] Section 55 Restrictions on borrowings by co-operative housing 27
societies 28
Omit section 55 (1) (b). 29
[2] Section 55 (2) (a) (ii) 30
Omit "(b),". 31
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Residential Tenancies Bill 2010
Schedule 3 Amendment of Acts
3.3 Crimes (Domestic and Personal Violence) Act 2007 No 80 1
Section 35 Prohibitions and restrictions imposed by apprehended 2
violence orders 3
Insert after the note at the end of the section: 4
Note. Section 79 of the Residential Tenancies Act 2010 terminates the 5
tenancy of a tenant or co-tenant under a residential tenancy agreement 6
if a final apprehended violence order is made that prohibits the tenant or 7
co-tenant from having access to the residential premises under the 8
agreement. 9
3.4 Fines Act 1996 No 99 10
Schedule 1 Statutory provisions under which penalty notices issued 11
Omit "Landlord and Tenant (Rental Bonds) Act 1977, section 15A". 12
3.5 Holiday Parks (Long-term Casual Occupation) Act 2002 13
No 88 14
Section 30 Enforcement of orders for possession 15
Omit section 30 (2)(6). 16
3.6 Housing Act 2001 No 52 17
Section 58E Certain termination provisions do not apply to termination 18
under this Part 19
Omit "Part 5 of the Residential Tenancies Act 1987 does". 20
Insert instead "Parts 57 of the Residential Tenancies Act 2010 do". 21
3.7 Hunter Water Act 1991 No 53 22
Section 25 Interference with works 23
Omit "Residential Tenancies Act 1987" from section 25 (2). 24
Insert instead "Residential Tenancies Act 2010". 25
3.8 Land Acquisition (Just Terms Compensation) Act 1991 26
No 22 27
Section 34 Former owner's right to occupy land until compensation paid 28
etc 29
Omit "Residential Tenancies Act 1987" from section 34 (3). 30
Insert instead "Residential Tenancies Act 2010". 31
Page 120
Residential Tenancies Bill 2010
Amendment of Acts Schedule 3
3.9 Landlord and Tenant Act 1899 No 18 1
Section 1B Exclusion of certain agreements from operation of Act 2
Omit "Residential Tenancies Act 1987". 3
Insert instead "Residential Tenancies Act 2010". 4
3.10 Property, Stock and Business Agents Act 2002 No 66 5
Section 190 Application of money for purposes of certain Acts 6
Omit section 190 (1). Insert instead: 7
(1) The following amounts are also payable from the Statutory 8
Interest Account: 9
(a) such contributions towards the costs, charges and expenses 10
of the administration of the Residential Tenancies Act 11
2010, the Retirement Villages Act 1999, the Fair Trading 12
Act 1987, the Strata Schemes Management Act 1996, the 13
Community Land Management Act 1989 and the 14
Residential Parks Act 1998 as may be authorised by the 15
Director-General with the consent of the Minister, 16
(b) half the costs of, or expenses occurred in, administering 17
the Tenancy, Social Housing, Retirement Villages and 18
Residential Parks Divisions of the Consumer, Trader and 19
Tenancy Tribunal, 20
(c) such contributions towards the costs of, or expenses 21
occurred in, administering the Strata and Community 22
Schemes Division of the Consumer, Trader and Tenancy 23
Tribunal as may be authorised by the Director-General 24
with the consent of the Minister, 25
(d) such additional contributions for the purposes set out in 26
paragraphs (a)(c) as the Minister may approve. 27
(1A) If an Act referred to in subsection (1) or the Consumer, Trader 28
and Tenancy Tribunal Act 2001, is not administered by the 29
Minister, the Minister must agree with the other Minister 30
administering that Act as to the contributions payable under that 31
subsection in respect of costs and expenses incurred in respect of 32
the Act concerned. 33
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Residential Tenancies Bill 2010
Schedule 3 Amendment of Acts
3.11 Public Authorities (Financial Arrangements) Act 1987 No 33 1
Section 28 Part not to apply in certain cases 2
Omit "of the Rental Bond Board to make a grant or loan under section 20 (4), 3
or to provide money under section 21, of the Landlord and Tenant (Rental 4
Bonds) Act 1977" from section 28 (1) (a). 5
Insert instead "to make a grant or loan under section 186 (3) of the Residential 6
Tenancies Act 2010". 7
3.12 Public Sector Employment and Management Act 2002 No 43 8
Schedule 1 Divisions of the Government Service 9
Omit "Landlord and Tenant (Rental Bonds) Act 1977" from Column 1 of 10
Part 3. 11
Insert instead "Residential Tenancies Act 2010". 12
3.13 Real Property Act 1900 No 25 13
Section 53 Land under the provisions of this Act--how leased 14
Omit "Residential Tenancies Act 1987" from section 53 (5). 15
Insert instead "Residential Tenancies Act 2010". 16
3.14 Residential Parks Act 1998 No 142 17
[1] Section 3 Definitions 18
Omit "Landlord and Tenant (Rental Bonds) Act 1977 in relation to a lease or 19
proposed lease" from the definition of rental bond in section 3 (1). 20
Insert instead "Residential Tenancies Act 2010". 21
[2] Section 5 Application of Act 22
Omit the note. 23
[3] Section 123 Enforcement of orders for possession 24
Omit section 123 (2)(6). 25
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Residential Tenancies Bill 2010
Amendment of Acts Schedule 3
3.15 Retirement Villages Act 1999 No 81 1
[1] Section 4 Definitions 2
Omit "Residential Tenancies Act 1987" from paragraph (c) of the definition of 3
residence right in section 4 (1). 4
Insert instead "Residential Tenancies Act 2010". 5
[2] Section 4 (1), definition of "residential tenancy agreement" 6
Omit "Residential Tenancies Act 1987". 7
Insert instead "Residential Tenancies Act 2010". 8
[3] Section 4 (1), definition of "residential tenancy agreement", note 9
Omit the note. 10
[4] Section 4 (1), definition of "tenant" 11
Omit "Residential Tenancies Act 1987". 12
Insert instead "Residential Tenancies Act 2010". 13
[5] Section 5 Meaning of "retirement village" 14
Omit "Residential Tenancies Act 1987" from section 5 (3) (h). 15
Insert instead "Residential Tenancies Act 2010". 16
[6] Section 13 Effect of Act on other legislation 17
Omit "the Landlord and Tenant (Rental Bonds) Act 1977" from section 13 (2). 18
Insert instead "Part 8 of the Residential Tenancies Act 2010". 19
[7] Section 140 Enforcement of orders for possession 20
Omit section 140 (3)(7). 21
[8] Section 174 Letting or subletting of premises 22
Omit "Residential Tenancies Act 1987" wherever occurring in 23
section 174 (2) (a) and the note to section 174 (2). 24
Insert instead "Residential Tenancies Act 2010". 25
[9] Section 178 No assignment or subletting 26
Omit "Residential Tenancies Act 1987" from section 178 (2). 27
Insert instead "Residential Tenancies Act 2010". 28
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Residential Tenancies Bill 2010
Schedule 3 Amendment of Acts
[10] Section 199 Contracting out prohibited 1
Omit "Residential Tenancies Act 1987" from section 199 (4). 2
Insert instead "Residential Tenancies Act 2010". 3
[11] Section 202 Costs of administration 4
Omit section 202 (1). Insert instead: 5
(1) Contributions are to be made to meet the costs of the 6
administration of this Act from the Property Services Statutory 7
Interest Account established under the Property, Stock and 8
Business Agents Act 2002, in accordance with section 190 of that 9
Act. 10
3.16 Sheriff Act 2005 No 6 11
Section 7A 12
Insert after section 7: 13
7A Powers of Sheriff when executing writs and warrants for 14
possession of land 15
(1) A sheriff's officer executing a writ or warrant for possession of 16
land may do any of the following: 17
(a) enter the premises and take all reasonably necessary steps 18
to enforce the writ or warrant, 19
(b) use such force as is reasonably necessary to enforce the 20
writ or warrant, 21
(c) obtain the assistance of a police officer. 22
(2) A police officer may, at the request of a sheriff's officer, assist the 23
sheriff's officer to enforce the writ or warrant. 24
(3) The Sheriff must give the occupier of land subject to a writ of 25
possession of land or a writ for the levy of property that relates to 26
land not less than 30 days notice to deliver up possession of the 27
land. 28
(4) Subsection (3) does not apply if the execution of the writ has been 29
previously stayed by a court or if a warrant for possession is 30
issued under the Residential Tenancies Act 2010, the Residential 31
Parks Act 1998, the Retirement Villages Act 1999 or the Holiday 32
Parks (Long-term Casual Occupation) Act 2002. 33
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Residential Tenancies Bill 2010
Amendment of Acts Schedule 3
(5) In this section: 1
writ or warrant for possession of land means: 2
(a) a writ of possession of land, or 3
(b) a writ for the levy of property that relates to land, or 4
(c) a warrant for possession of residential premises under the 5
Residential Tenancies Act 2010, or 6
(d) a warrant for possession of residential premises under the 7
Residential Parks Act 1998, or 8
(e) a warrant for possession of residential premises under the 9
Retirement Villages Act 1999, or 10
(f) a warrant for possession of a site under the Holiday Parks 11
(Long-term Casual Occupation) Act 2002. 12
3.17 Strata Schemes Management Act 1996 No 138 13
Section 222 Proceedings before Tribunal 14
Omit section 222 (2). 15
3.18 Sydney Water Act 1994 No 88 16
Section 44 Protection of works 17
Omit "Residential Tenancies Act 1987" from section 44 (2). 18
Insert instead "Residential Tenancies Act 2010". 19
3.19 Transport Administration Act 1988 No 109 20
Schedule 6B Special provisions for underground rail facilities 21
Omit "Residential Tenancies Act 1987" from clause 5 (2). 22
Insert instead "Residential Tenancies Act 2010". 23
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