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RESIDENTIAL TENANCIES ACT 2010 - As at 8 February 2024 - Act 42 of 2010

- As at 8 February 2024 - Act 42 of 2010

Table of Provisions

PART 1 - PRELIMINARY

Division 1 - General

  • 1 Name of Act
  • 2 Commencement
  • 3 Definitions
  • 4 Act to bind Crown
  • 5. (Repealed)

Division 2 - Application of Act

  • 6 Act applies to existing and future residential tenancy agreements
  • 7 Premises to which Act does not apply
  • 8 Agreements to which Act does not apply
  • 8A Application of Act to premises
  • 9 Employee and caretaker arrangements
  • 10 Application of Act to occupants in shared households
  • 11 Declaration by Tribunal
  • 12 Exemptions from operation of Act

PART 2 - RESIDENTIAL TENANCY AGREEMENTS

Division 1 - General provisions relating to agreements

Division 2 - Terms of residential tenancy agreements

PART 3 - RIGHTS AND OBLIGATIONS OF LANDLORDS AND TENANTS

Division 1 - Pre-agreement matters

Division 2 - Rent and other payments

Division 3 - Occupation and use of residential premises

Division 4 - Landlord's rights to enter residential premises

Division 5 - Repairs to premises

Division 5A - Rectification orders

Division 6 - Alterations and additions to residential premises

Division 7 - Security and safety of residential premises

  • 70 Locks and other security devices
  • 71 Changes of locks and other security devices
  • 72 Copies of changed locks and other security devices to be given to other party
  • 73 Remedies for security of residential premises

PART 4 - CHANGES OF TENANT AND LANDLORD

PART 5 - TERMINATION OF RESIDENTIAL TENANCY AGREEMENTS

Division 1 - Termination of residential tenancy agreements generally

Division 2 - Termination by landlord

Division 3 - Termination by tenant

Division 3A - Termination by tenant--circumstances of domestic violence

Division 4 - Abandonment of residential premises

Division 5 - Termination by events

Division 6 - Miscellaneous

PART 6 - RECOVERY OF POSSESSION OF PREMISES

Division 1 - Recovery of possession

  • 119 Prohibition on certain recovery proceedings in courts
  • 120 Repossession of residential premises--offences
  • 121 Enforcement of orders for possession
  • 122 Mortgagee repossessions of rented properties
  • 123 Liability of tenant remaining in possession after termination
  • 124 Notice of proposed recovery of premises by person with superior title
  • 125 Order for tenancy against person with superior title

Division 2 - (Repealed)

None

PART 7 - SOCIAL HOUSING TENANCY AGREEMENTS

Division 1 - Preliminary

Division 2 - Acceptable behaviour agreements

Division 3 - Water usage charges, rent and other payments

  • 139 Social housing tenants to pay charges for water
  • 140 Payment of debts by social housing tenants
  • 141 Cancellation or reduction of rent rebates

Division 4 - Fixed term agreements

  • 142 Extension of social housing tenancies

Division 5 - Termination of social housing tenancy agreements

Subdivision 1 - Eligibility ground

Division 6 - Exemption

Division 7 - Evidentiary certificates

  • 156A Evidentiary certificate for strike notice
  • 156B Evidentiary certificate of cost of work

Division 8 - Rental bonds

PART 8 - RENTAL BONDS

Division 1 - Preliminary

Division 2 - Payment and deposit of rental bonds

Division 3 - Release of rental bonds

Division 4 - Rental Bond Board

Division 5 - Functions of Board relating to residential accommodation

  • 180 Joint ventures for residential accommodation
  • 181 Joint venture powers
  • 182 Investment in residential accommodation unit trusts
  • 183 Guarantees etc by Board
  • 184 Finance

Division 6 - Financial matters

Division 7 - Roll-over of existing rental bond

PART 9 - POWERS OF TRIBUNAL

Division 1 - General powers of Tribunal

Division 2 - Powers of Tribunal relating to breaches of residential tenancy agreements

Division 3 - Powers of Secretary in proceedings

PART 10 - ENFORCEMENT

Division 1 - Powers of investigators

Division 2 - Offences

  • 202 Nature of proceedings for offences
  • 203 Penalty notices
  • 204 Offences by corporations
  • 205 Aiding and abetting etc

Division 3 - Mandatory appointment of agents for landlords

Division 4 - Costs in certain court proceedings

  • 208 Costs in court proceedings

PART 11 - RESIDENTIAL TENANCY DATABASES

Division 1 - Preliminary

Division 2 - Tenancy database information

  • 211 Notice of database and listing
  • 212 Listing can be made only for particular breaches by particular persons
  • 213 Further restriction on listing
  • 213A Further restriction on listing--domestic violence
  • 214 Ensuring quality of listing--landlord's and agent's obligation
  • 215 Ensuring quality of listing--database operator's obligation
  • 216 Provision of copies of listed personal information
  • 217 Disputes about listings
  • 218 Limit on period of listing

PART 12 - MISCELLANEOUS

PART 13 - (Repealed)

None

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