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Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.*
Overview
Bill
The object of this Bill is to amend the Residential Tenancies Act 1987 so as:
(a)
to facilitate the recovery of goods that have been left on residential
premises by former tenants, and
(b)
to facilitate the recovery of compensation for the costs incurred by
former tenants under residential site agreements (within the meaning of
Schedule 3 to that Act) as a result of the termination of those
agreements.
* Amended in committee--see table at end of volume.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 is a formal provision that gives effect to the amendments to the
Residential Tenancies Act 1987 contained in Schedule 1.
Recovery of goods left on residential premises
Schedule 1 [ l ] inserts a new section 79A into the Act, so giving effect to the
object referred to in paragraph (a) above. The new section enables a former
tenant of residential premises, or any other person having an interest in goods
that have been left on the premises, to apply to the Residential Tenancies
Tribunal for the recovery of the goods. The new section allows the Tribunal
to order that the goods be delivered into the possession of the applicant, and
to order the applicant to pay any reasonable costs incurred by the landlord in
connection with the removal, storage or delivery of the goods.
Recovery of compensation for costs arising from termination
of residential site agreements etc
Schedule 3 to the Act contains provisions with respect to certain moveable
dwellings. The agreements under which such dwellings are accommodated in
caravan parks and manufactured home estates are defined as residential site
agreements for the purposes of that Schedule. Schedule 1 [2][4] amend
Schedule 3 to the Act to give effect to the object referred to in paragraph (b)
above.
Schedule l [2] and [3] amend clauses 9, 10, 11, 12 and 13 of Schedule 3 to
the Act so as to make it clear that the compensation to which a former tenant
is entitled under those clauses is payable by the landlord.
Schedule 1 [4] substitutes clause 14 of Schedule 3 to the Act. The new
clause:
(a)
makes it clear that the amount of compensation to which a former
tenant is entitled under clause 9, 10, 1 1 , 12 or 13 of Schedule 3 to the
Act is to be determined by the Tribunal, and
(b) identifies the circumstances in which an application may be made to
the Tribunal for compensation under those clauses, and
(c)
ensures that any financial or other assistance that the landlord has
given to the tenant is taken into account in determining the amount of
compensation payable to the tenant.
The new clause is otherwise the same as the clause it replaces.
Explanatory note page 2
Savings and transitional provisions
Schedule 1 [5] amends clause 1 of Schedule 4 to the Act so as to provide for
the making of savings and transitional regulations in connection with the
proposed Act.
Schedule 1 [6] adds a new Part 3 to Schedule 4 to the Act. The new Part
contains the following provisions:
(a)
a definition clause (proposed clause 3),
(b)
a clause that applies proposed section 79A to goods left on residential
premises before the commencement of the proposed Act in the same
way as it applies to goods left on residential premises after that
commencement (proposed clause 4),
(c)
a clause that applies the proposed amendments to Schedule 3 to
compensation arising from a notice or order given or made before the
commencement of the proposed Act in the same way as they apply to
compensation arising from a notice or order given or made after that
commencement (proposed clause 5).
Explanatory note page 3