Northern Territory Consolidated Acts

RESIDENTIAL TENANCIES ACT

TABLE OF PROVISIONS

           Long Title

           Part 1 Preliminary
   1.      Short title
   2.      Commencement
   3.      Objectives
   4.      Definitions
           Part 2 Application of and liability under Act
           Division 1 Application
   5.      Act to bind Crown
   6.      Agreements to which this Act does not apply
   7.      Exemptions
   8.      Persons 16 years of age may enter into tenancy agreements
           Division 2 Liability for actions
   9.      Vicarious liability of landlord for agent and agent's employees
   10.     Body corporate, partner's liability for actions of employee etc.
   11.     Director may be liable for offence of body corporate
   12.     Vicarious liability of tenant
           Part 3 Commissioner of Tenancies
   13.     Commissioner of Tenancies
   14.     Delegation by Commissioner
   15.     Annual report
   16.     Tenancy Trust Account
   17.     Immunity from liability
   18.     Commissioner is enforcement agency for purposes of TINES
           Part 4 Tenancy Agreements
   19.     Tenancy agreements to be written
   20.     Contract to avoid Act prohibited
   21.     Tenant not to give false information
   22.     Harsh or unconscionable terms
   23.     Landlord cannot charge tenant for cost of preparing agreement
   24.     Landlord cannot impose extra charges or liabilities
           Part 5 Bonds and condition reports
           Division 1 Condition reports
   24A.    Condition reports generally
   25.     Condition report at beginning of tenancy
   26.     Acceptance of condition report with or without modifications
   27.     Commissioner may prepare condition report if no agreement
   28.     Condition report conclusive of condition at beginning of tenancy
           Division 2 Bonds and security deposits
   29.     Bonds
   30.     Increase in security deposit
   31.     Receipt to be provided for security deposit
   32.     Statement of security deposit details to be given to tenant
   33.     Proportioning of security deposit between co-tenants
   34.     Security deposit may be transferred to new agent
           Part 6 Rent
           Division 1 Payment of rent
   35.     How and where rent to be paid
   36.     Landlord to keep proper records of rent
   37.     Landlord to give receipt for rent
   38.     Tenant's goods cannot be seized to pay rent
           Division 2 Amount of rent payable
   39.     Rent in advance
   40.     How rent accrues
   41.     Increases in rent
   42.     Commissioner may declare rent excessive
   43.     Repayment of rent paid in advance
   44.     Accelerated rent and liquidated damages prohibited
   45.     Commissioner may determine if penalty or liquidated damages
   46.     Reductions in rent by agreement
           Part 7 Repairs and maintenance
           Division 1 Landlord's responsibilities
   47.     Premises not to be let unless habitable and safe
   48.     Premises to be clean and suitable for habitation
   49.     Premises to be secure
   50.     Landlord must not change locks
           Division 2 Tenant's responsibilities
   51.     Cleanliness and damage
   52.     Tenant's responsibility for security
   53.     Tenant must not alter locks
   54.     No illegal conduct or nuisance on premises etc.
   55.     Alteration of premises or ancillary property
   56.     Tenant to notify if premises to be vacant for more than 30 days
           Division 3 Repairs
   57.     Landlord's obligation to repair
   58.     Tenant to notify landlord if repairs required
   59.     Maximum amount tenant may claim from landlord for repairs
   60.     When tenant may make repairs
   61.     When and how tenant may claim money for repairs
   62.     Tenant to use nominated repairers
   63.     Emergency repairs may be ordered by Commissioner
           Part 8 Tenant's right to enjoy property without disturbance
   64.     Vacant possession etc.
   65.     Tenant to be able to use and enjoy property
   66.     Landlord not to interfere with tenant's enjoyment of premises
   67.     Tenant's right of association
           Part 9 Landlord's right to enter premises during tenancy
   68.     Entry only permitted in accordance with Act
   69.     Collection of rent
   70.     Inspection of premises
   71.     Repairs and maintenance
   72.     Emergency or significant damage caused or threatened
   73.     Preparation of condition report
   74.     Inspection by prospective tenants or purchasers
   75.     Entry with consent
   76.     Tenant to be present at entry
   77.     Commissioner may order tenant to let landlord enter premises
           Part 10 Change of landlord or tenant
   78.     Assignment or sublease of premises permitted with consent
   79.     Consent to assignments and subletting
   80.     Security deposit if lease assigned
   81.     Unreasonable charges not to be made for assignment etc.
           Part 11 Termination of agreement
           Division 1 When termination occurs
   82.     When termination occurs
   83.     Fixed term tenancy becomes periodic if not terminated
   84.     Commissioner may declare purported termination to be of no effect
   85.     Termination of periodic tenancy effective despite inadequate notice
           Division 2 Termination by landlord
   86.     If premises flooded, unsafe or uninhabitable
   88A.    Where drug premises order made
   89.     Periodic tenancy, other than for breach
   90.     Fixed term tenancy
   91.     Employment-related tenancy
           Division 3 Termination by tenant
   92.     If premises flooded, unsafe or uninhabitable
   94.     Periodic tenancy, other than for breach
   95.     Fixed term tenancy
   96.     If public housing found
           Division 3A Notice of intention to terminate for failure to remedy breach
   96A.    Tenant's failure to pay rent
   96B.    Other breach by tenant
   96C.    Breach by landlord
           Division 4 Termination by court or Commissioner
   97.     Serious breach by tenant
   98.     Serious breach by landlord
   99.     Hardship
   99A.    Failure by tenant relating to acceptable behaviour agreement
   100.    Conduct of tenant unacceptable
   100A.   Failure to remedy breach after notice given
           Division 5 Notice of termination
   101.    Form of notice of termination
   102.    Notice may be withdrawn
           Division 6 Repossession of premises
   103.    Tenant to give vacant possession
   104.    Commissioner or court may make order for possession
   105.    Commissioner or court may suspend order for possession
   106.    Repossession of premises
   107.    Right to possession not lost by forfeiture of head tenancy
           Division 7 Abandoned premises and goods
   108.    Abandoned premises
   109.    Abandoned goods
           Part 12 Return of bond at end of tenancy
           Division 1 Condition reports
   110.    Condition report at end of tenancy
   111.    Condition report conclusive of condition of premises at end of tenancy
           Division 2 Return of security deposit and interest
   112.    When landlord may keep security deposit
   113.    Commissioner may deal with disputes relating to security deposits
   114.    Interest on security deposit
   115.    Claims on behalf of co-tenants
   116.    If person owed security cannot be found
           Part 13 Financial liabilities
           Division 1 Rates and charges
   117.    Payment of electricity, gas or water charges
   118.    No charges payable unless specified in agreement
   119.    Commissioner may determine charges payable
           Division 2 Compensation
   120.    Duty of mitigation
   121.    Compensation if tenant fails to vacate premises
   122.    Compensation and civil penalties
           Part 14 Dispute resolution
           Division 1 Preliminary
   123.    Definitions
   124.    Jurisdiction of Commissioner
   125.    Jurisdiction of court
   126.    Application to Commissioner
   127.    Fees for application
   128.    Commissioner to determine appropriate proceedings
   129.    Conduct of proceedings on Commissioner's behalf
   130.    Notice of proceedings to be given
           Division 2 Conferences
   131.    Preliminary conciliation conferences
   132.    Conciliation conferences
   133.    Procedure for conferences
   134.    Restriction on evidence
   135.    Confidentiality
           Division 3 Inquiries
   136.    Inquiries
   137.    Inquiries generally to be open to public
   138.    Powers of Commissioner at inquiry
   139.    Reasons for decisions
           Division 4 Powers of Commissioner
   140.    Commissioner's powers to gather evidence
   141.    Procedural powers of Commissioner
   142.    Entry and inspection of property
   143.    Procedural rules
           Division 5 Proceedings generally
   144.    Times and places of proceedings
   145.    Duty to act quickly
   146.    Enforcement of orders
   147.    Costs not generally to be ordered by Commissioner
   148.    Limits on lawyers etc. representing parties
   149.    Payment of lawyers, translators etc. for proceedings
           Part 15 Appeals
   150.    Appeal may be made to Local Court
   151.    Notice of appeal to be given to Commissioner
   152.    Stay of proceedings
   153.    Power to intervene
           Part 16 Notices
   154.    Service of notices
   155.    Notice to one tenant or landlord sufficient
   156.    Right to be notified of change of landlord's name or address
   157.    Notice or payment to landlord's agent sufficient
           Part 17 Regulations
   158.    Regulations
           Part 18 Application of former Tenancy Act
   159.    Definitions
   160.    Continued application of
   161.    Dispute resolution and appeals to take place under this Act
   162.    Transitional matters relating to security deposits
   163.    Transitional matters relating to determinations and appeals
           ENDNOTES