New South Wales Consolidated Acts

RESIDENTIAL PARKS ACT 1998 - SECT 40

40 Obligation to pay service charges is separate from obligation to pay rent

(1) It is a term of every residential tenancy agreement that any amount paid by a resident by way of rent is to be applied to rent arrears or rent in advance and not to any other outstanding charges payable by the resident, unless the residential tenancy agreement specifically provides otherwise or the resident otherwise agrees.

(2) Any failure by a resident to pay any charges that the resident is required, or agrees, to pay under this Division, or any failure to pay those charges promptly, is a breach of the residential tenancy agreement, but is not a breach of an agreement to pay rent.