Northern Territory Consolidated Acts

RESIDENTIAL TENANCIES ACT - SECT 4

In this Act, unless the contrary intention appears:

acceptable behaviour agreement has the same meaning as in the Housing Act .

"ancillary property", in relation to premises to which a tenancy agreement relates or is to relate, means:

        (a)     ancillary real property, including a garden, not forming part of the premises;

        (b)     fixtures; and

        (c)     chattels, including but not limited to furniture, other household effects and a garden watering system,

provided, or to be provided, by the landlord, either under the tenancy agreement or independently of the agreement for use by the tenant, but does not include common property within the meaning of the Unit Titles Act or Unit Title Schemes Act .

"bond" means a provision of a tenancy agreement or an agreement collateral to a tenancy agreement under which a tenant is required to give a security deposit for the performance of obligations under the tenancy agreement.

"business day" means a day other than a Saturday or Sunday or a public holiday.

"Commissioner" means the Commissioner of Tenancies within the meaning of section 13.

condition report has the meaning in section 24A(1).

"continuation", in relation to a tenancy to which a tenancy agreement relates, includes an extension or renewal of the tenancy (however described) and whether the continuation is a fixed term tenancy or periodic tenancy.

"court" means:

        (a)     the Local Court; or

        (b)     in respect of a matter in relation to which the Supreme Court has jurisdiction under section 125 – the Supreme Court.

"fixed term tenancy" means a tenancy for a fixed period specified in the tenancy agreement.

"landlord" means:

        (a)     the person who grants the right of occupancy under a tenancy agreement; or

        (b)     a successor in title to the tenanted premises whose title is subject to the tenant's interest,

and includes:

        (c)     a prospective landlord or a former landlord; and

        (d)     an agent of the landlord, prospective landlord or former landlord.

"notice of termination" means a notice of termination given under this Act.

"periodic tenancy" means a tenancy that is not a fixed term tenancy.

"premises" means residential premises or part of residential premises to which a tenancy agreement relates or is to relate, but does not include premises leased principally for business purposes whether or not the premises may be used for residence under the lease.

"rent" means an amount payable under a tenancy agreement for the occupancy of premises for a period of the tenancy.

"rent rebate" means an amount waived or remitted, in accordance with a scheme established under an Act of the Territory or the Commonwealth, from rent payable for residential premises.

"residential premises" means premises intended for occupation as a place of residence and includes a caravan intended for occupation as a place of residence and a houseboat intended for occupation as a place of residence.

"security deposit" means an amount of money a tenant has paid, or is required to pay, under a bond.

"tenancy" means the right to occupy premises under a tenancy agreement.

"tenancy agreement" means an agreement under which a person grants to another person for valuable consideration a right (which may be, but need not be, an exclusive right) to occupy premises for the purpose of residency.

"tenancy dispute" means a dispute between parties, or former parties, to:

        (a)     a tenancy agreement; or

        (b)     an agreement collateral to a tenancy agreement,

being a dispute about the tenancy to which the agreement relates.

"Tenancy Trust Account" means the Trust Account established under section 16.

"tenancy under the Housing Act" or "tenancy or proposed tenancy under the Housing Act" does not include a tenancy relating to premises not owned by the Territory, or a statutory authority, unless the landlord is the Territory.

"tenant" means the person who:

        (a)     is granted a right of occupancy of residential premises under a tenancy agreement;

        (b)     has a right of occupancy of residential premises because of an assignment from a former tenant or a subtenancy; or

        (c)     has a right of occupancy of residential premises, otherwise than as a landlord, because of the operation of this Act,

and includes:

        (d)     a prospective tenant or a former tenant; and

        (e)     a person acting on behalf of the tenant, prospective tenant or former tenant.