Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Residential Tenancies and
Rooming Accommodation
Bill 2008
Queensland
Residential Tenancies and Rooming
Accommodation Bill 2008
Contents
Page
Chapter 1 Preliminary
Part 1 Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
4 Rights and remedies of persons. . . . . . . . . . . . . . . . . . . . . . . . . . 27
Part 2 Objects of Act
5 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Part 3 Interpretation
Division 1 Location of definitions
6 Definitions and dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 2 Meaning of key terms for residential tenancies
7 Caravan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
8 Lessor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
9 Premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
10 Residential premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
11 Residential tenancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
12 Residential tenancy agreement . . . . . . . . . . . . . . . . . . . . . . . . . . 30
13 Tenant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Division 3 Meaning of key terms for rooming accommodation
14 Resident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
15 Rooming accommodation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
16 Rooming accommodation agreement . . . . . . . . . . . . . . . . . . . . . 32
17 Provider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Residential Tenancies and Rooming Accommodation Bill 2008
Contents
Part 4 Application and operation of Act
Division 1 Matters relating to residential tenancies and rooming
accommodation
18 Opting in as residential tenancy agreement . . . . . . . . . . . . . . . . . 33
19 References to agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
20 Reference to lessors and tenants. . . . . . . . . . . . . . . . . . . . . . . . . 33
21 Reference to providers and residents. . . . . . . . . . . . . . . . . . . . . . 34
22 References to premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
23 References to tenancies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
24 Provision stating that lessor or lessor's agent or provider or
provider's agent must do something. . . . . . . . . . . . . . . . . . . . . . . 34
25 Lessor's or provider's agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
26 State as lessor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
27 Application of Property Law Act to agreements . . . . . . . . . . . . . . 36
28 Minor has capacity to enter into agreements . . . . . . . . . . . . . . . . 36
Division 2 Residential tenancy agreements to which this Act applies
and does not apply
29 Act applies to certain residential tenancy agreements etc. . . . . . 36
30 Contracts of sale and mortgages . . . . . . . . . . . . . . . . . . . . . . . . . 37
31 Premises used for holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
32 Boarders and lodgers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
33 Educational institutions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
34 Hospitals, nursing homes and retirement villages . . . . . . . . . . . . 39
35 Rental purchase plan agreements . . . . . . . . . . . . . . . . . . . . . . . . 39
36 Temporary refuge accommodation. . . . . . . . . . . . . . . . . . . . . . . . 40
37 Agreements under Manufactured Homes (Residential Parks)
Act 2003 ......................................... 40
38 Headleases for employee housing . . . . . . . . . . . . . . . . . . . . . . . . 40
39 Headleases for affordable housing agreements . . . . . . . . . . . . . . 40
40 Hotels and motels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
41 Headleases for approved supported accommodation . . . . . . . . . 41
42 Intensive drug rehabilitation order . . . . . . . . . . . . . . . . . . . . . . . . 41
Division 3 Rooming accommodation agreements to which this Act
applies and does not apply
43 Act applies to certain rooming accommodation agreements etc.. 42
44 Rooming accommodation agreements to which Act does
not apply ...................................... 42
Page 2
Residential Tenancies and Rooming Accommodation Bill 2008
Contents
Division 4 Moveable dwelling premises
45 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
46 Purpose of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
47 Short tenancy statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
48 Extending short tenancy statements . . . . . . . . . . . . . . . . . . . . . . 45
49 Setting aside short tenancy (extension) statements. . . . . . . . . . . 46
50 Short tenancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
51 Long tenancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Chapter 2 Residential tenancy agreements and rooming
accommodation agreements
Part 1 Agreements
Division 1 Residential tenancy agreements
Subdivision 1 General provisions
52 Terms of agreements include duties under Act etc. . . . . . . . . . . . 47
53 Contracting out prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
54 Inconsistency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
55 Standard terms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
56 Special terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
57 Premises must be offered for rent at a fixed amount . . . . . . . . . . 49
58 Lessor must give documents to prospective tenant . . . . . . . . . . . 49
59 Restriction on amounts that may be taken from prospective
tenant ........................................ 50
60 Orders of tribunal relating to noncompliance with s 58 or 59 . . . . 50
61 Written agreements required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
62 Giving, signing and keeping written agreement . . . . . . . . . . . . . . 52
63 Period lessor or lessor's agent must keep agreement . . . . . . . . . 52
64 Orders of tribunal about giving and signing written agreement . . 52
Subdivision 2 Associated documents
65 Condition report at start of tenancy . . . . . . . . . . . . . . . . . . . . . . . 53
66 Condition report at end of tenancy . . . . . . . . . . . . . . . . . . . . . . . . 54
67 Information statement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
68 Park rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
69 By-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Subdivision 3 Fixed term agreements
70 Continuation of fixed term agreements. . . . . . . . . . . . . . . . . . . . . 56
71 Tenant may apply to tribunal about significant change in
subsequent agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Page 3
Residential Tenancies and Rooming Accommodation Bill 2008
Contents
Division 2 Rooming accommodation agreements
Subdivision 1 General provisions
72 Terms of agreement include obligations under Act etc. . . . . . . . . 60
73 Standard terms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
74 Special terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
75 Contracting out prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
76 Inconsistency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
77 Written agreement required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
78 Resident's copy of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
79 Period provider or provider's agent must keep agreement . . . . . . 63
Subdivision 2 Associated documents
80 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
81 Condition report at start of rooming accommodation . . . . . . . . . . 63
Subdivision 3 Fixed term agreements
82 Continuation of fixed term agreement . . . . . . . . . . . . . . . . . . . . . 65
Part 2 Rent
Division 1 Residential tenancy agreements
83 How rent to be paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
84 Tenant must be given choices of approved ways for payment of
rent and be advised about associated costs . . . . . . . . . . . . . . . . 66
85 Where rent to be paid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
86 Payment of rent by electronic transaction. . . . . . . . . . . . . . . . . . . 67
87 Rent in advance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
88 Receipts and other records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
89 Keeping of records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
90 False, misleading or incomplete rent records . . . . . . . . . . . . . . . . 70
91 Rent increases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
92 Tenant's application to tribunal about rent increase . . . . . . . . . . . 72
93 Minimum period before rent can be increased . . . . . . . . . . . . . . . 73
94 Rent decreases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
95 Seizure of tenant's goods for rent etc. . . . . . . . . . . . . . . . . . . . . . 74
96 Rent payment must not be applied for any other purpose . . . . . . 75
97 Apportionment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Division 2 Rooming accommodation agreements
98 How rent is to be paid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Page 4
Residential Tenancies and Rooming Accommodation Bill 2008
Contents
99 Resident must be given choices of approved ways for payment
of rent and be advised about associated costs . . . . . . . . . . . . . . 76
100 Where rent is to be paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
101 Rent in advance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
102 Receipts and other records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
103 Keeping of records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
104 False, misleading or incomplete rent records . . . . . . . . . . . . . . . . 80
105 Rent increases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
106 Rent decreases for matters including loss of amenity or service . 81
107 Rent decreases because of resident's absence. . . . . . . . . . . . . . 81
108 Seizure of resident's goods for rent etc. . . . . . . . . . . . . . . . . . . . . 82
109 Apportionment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Part 3 Rental bonds
Division 1 Application of part
110 Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
Division 2 Payments to authority
111 Meaning of rental bond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
112 Meaning of maximum rental bond . . . . . . . . . . . . . . . . . . . . . . . . 85
113 Contributor for a rental bond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
114 Bond loan contributor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
115 Share of a rental bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
116 Duty to pay rental bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
117 Duty to pay rental bond instalments under residential tenancy
agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
118 Duty to pay rental bond instalments under rooming
accommodation agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
119 Duty to pay rental bond if financial protection given . . . . . . . . . . . 89
120 Acknowledging receipt of rental bond. . . . . . . . . . . . . . . . . . . . . . 90
121 No entitlement to interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
122 Continuance of rental bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Division 3 Payments by authority
Subdivision 1 Preliminary
123 Purpose of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
124 Making payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
125 Application for payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Subdivision 2 Payment of bond if only 1 contributor
126 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Page 5
Residential Tenancies and Rooming Accommodation Bill 2008
Contents
127 Joint application by lessor and contributor . . . . . . . . . . . . . . . . . . 92
128 Application by lessor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
129 Application by contributor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Subdivision 3 Payment of bond if more than 1 contributor
130 Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
131 Joint application by lessor and every contributor . . . . . . . . . . . . . 93
132 Joint application by lessor and some contributors . . . . . . . . . . . . 93
133 Application by lessor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
134 Application by every contributor . . . . . . . . . . . . . . . . . . . . . . . . . . 94
135 Application by some contributors . . . . . . . . . . . . . . . . . . . . . . . . . 95
Subdivision 4 Other matters about payment
136 Payment for which notice must be given . . . . . . . . . . . . . . . . . . . 95
137 Payment under tribunal order . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
138 Payment to rental bond supplier . . . . . . . . . . . . . . . . . . . . . . . . . . 98
139 Limitation affecting payment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
140 Withdrawal of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
141 Payment under person's direction . . . . . . . . . . . . . . . . . . . . . . . . 100
Subdivision 5 Payment by authority in stated circumstances if bond loan
contributor
142 Application of sdiv 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
143 Chief executive taken to be interested person . . . . . . . . . . . . . . . 101
144 Sdivs 3 and 4 apply subject to this subdivision . . . . . . . . . . . . . . 101
Division 4 Enforcement provisions
145 Receipt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
146 Payments above maximum amount . . . . . . . . . . . . . . . . . . . . . . . 102
147 Order for payment if guilty of offence . . . . . . . . . . . . . . . . . . . . . . 103
148 Order for return of bond if bond wrongfully taken . . . . . . . . . . . . . 103
Division 5 Accounts and investments
149 Accounts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
150 Rental bond account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
151 Unclaimed amounts in rental bond account . . . . . . . . . . . . . . . . . 104
152 Rental bond interest account . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
153 Other payments from rental bond interest account . . . . . . . . . . . 105
Division 6 Miscellaneous
154 Increase in rental bond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
155 Rental bond resulting from rent decrease . . . . . . . . . . . . . . . . . . 106
Page 6
Residential Tenancies and Rooming Accommodation Bill 2008
Contents
Part 4 Key and holding deposits for residential tenancies
Division 1 Key deposits
156 Payment of key deposits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
157 Receipts for key deposits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
158 Refunding key deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Division 2 Holding deposits
159 Payment of holding deposits . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
160 Receipts for holding deposits . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
161 Rights and obligations about holding deposits . . . . . . . . . . . . . . . 109
162 Orders of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Part 5 Outgoings of lessor or provider
Division 1 Residential tenancy agreements
Subdivision 1 Outgoings other than service charges
163 Outgoings other than service charges . . . . . . . . . . . . . . . . . . . . . 111
Subdivision 2 Service charges
164 Meaning of service charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
165 General service charges for premises other than moveable
dwelling premises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
166 Water service charges for premises other than moveable
dwelling premises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
167 Service charges for moveable dwelling premises individually
metered ......................................... 114
168 Service charges absorbed in rent for moveable dwelling
premises ...................................... 115
169 Orders of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
Division 2 Rooming accommodation agreements
170 Charge for utility service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
Part 6 Penalties and premiums for residential tenancy agreements
and rooming accommodation agreements
Division 1 Residential tenancy agreements
171 Supply of goods and services . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
172 Incentive amounts prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
173 Certain terms about penalties and other payments void . . . . . . . 119
174 Terms about rent reductions etc. . . . . . . . . . . . . . . . . . . . . . . . . . 119
175 Premiums for letting moveable dwelling premises . . . . . . . . . . . . 120
Division 2 Rooming accommodation agreements
176 Supply of goods and services . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
Page 7
Residential Tenancies and Rooming Accommodation Bill 2008
Contents
177 Incentive amounts prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
178 Certain terms about penalties and other payments void . . . . . . . 122
179 Terms about rent reductions etc. . . . . . . . . . . . . . . . . . . . . . . . . . 122
Part 7 Tenancy guarantees
180 Tenancy guarantees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Chapter 3 Rights and obligations of parties for residential tenancies
Part 1 Occupation and use of the premises
181 Legal impediments to occupation as residence . . . . . . . . . . . . . . 124
182 Vacant possession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
183 Quiet enjoyment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
184 Tenant's use of premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
Part 2 General standard of the premises
185 Lessor's obligations generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
186 Lessor's obligations for facilities in moveable dwelling parks . . . . 127
187 Lessor's obligations for moveable dwelling site . . . . . . . . . . . . . . 127
188 Tenant's obligations generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
189 Tenant's obligations for facilities in moveable dwelling parks . . . . 128
190 Tenant's obligation for moveable dwelling site . . . . . . . . . . . . . . . 129
191 Orders of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
Part 3 Lessor's right of entry
192 Grounds for entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
193 Notice of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
194 Entry by lessor or lessor's agent with another person . . . . . . . . . 132
195 When lessor or lessor's agent may enter . . . . . . . . . . . . . . . . . . . 132
196 Period for entry must be stated for entry by lessor and lessor's
agent without another person. . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
197 Entry to show premises to a prospective tenant. . . . . . . . . . . . . . 134
198 Entry to show premises to a prospective buyer . . . . . . . . . . . . . . 134
199 Entry by secondary agents generally . . . . . . . . . . . . . . . . . . . . . . 135
200 Rules of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
201 Entry by lessor or lessor's agent under order of tribunal . . . . . . . 136
202 Unlawful entry of premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
203 Lessor or lessor's agent must not use photo or image showing
tenant's possessions in advertisement. . . . . . . . . . . . . . . . . . . . . 137
204 Lessor or lessor's agent must not conduct open house or
on-site auction without tenant's consent. . . . . . . . . . . . . . . . . . . . 137
Page 8
Residential Tenancies and Rooming Accommodation Bill 2008
Contents
Part 4 Personal details of the parties and agents
205 Tenant's name and other details. . . . . . . . . . . . . . . . . . . . . . . . . . 138
206 Lessor's or agent's name and other details . . . . . . . . . . . . . . . . . 138
Part 5 The dwelling
Division 1 Fixtures and structural changes
207 Attaching fixtures and making structural changes . . . . . . . . . . . . 139
208 Agreement about fixtures and structural changes . . . . . . . . . . . . 139
209 Attaching fixture or making structural change without lessor's
agreement ........................................ 140
Division 2 Locks and keys
210 Supply of locks and keys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
211 Changing locks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
212 Agreement about changing locks . . . . . . . . . . . . . . . . . . . . . . . . . 142
213 Orders of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
Division 3 Damage and repairs
214 Meaning of emergency repairs. . . . . . . . . . . . . . . . . . . . . . . . . . . 143
215 Meaning of routine repairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
216 Nominated repairer for emergency repairs. . . . . . . . . . . . . . . . . . 144
217 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
218 Tenant may arrange for emergency repairs to be made or may
apply to the tribunal for an order about the repairs. . . . . . . . . . . . 145
219 Costs of emergency repairs arranged by tenant . . . . . . . . . . . . . 146
220 Orders of tribunal about reimbursement or payment for
emergency repairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
221 Orders of tribunal about carrying out emergency repairs . . . . . . . 148
Part 6 Additional provisions for moveable dwelling premises
Division 1 Application of part
222 Application of pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
Division 2 Relocation
223 Notice to relocate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
224 Restriction against enforcing relocation . . . . . . . . . . . . . . . . . . . . 150
225 Effect of relocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
226 Costs of relocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
227 Application to tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
Division 3 Park rules
228 Park rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
229 Notice of proposed change of park rule . . . . . . . . . . . . . . . . . . . . 152
Page 9
Residential Tenancies and Rooming Accommodation Bill 2008
Contents
230 Objection to proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
231 Park liaison committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
232 Consideration of objections by committee . . . . . . . . . . . . . . . . . . 154
233 Application to tribunal about proposal . . . . . . . . . . . . . . . . . . . . . 154
234 Decision of tribunal about proposal . . . . . . . . . . . . . . . . . . . . . . . 155
235 When proposal takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
236 When changes of park rules have no effect . . . . . . . . . . . . . . . . . 157
Part 7 Change of lessor or tenant
Division 1 Transfer or subletting by tenant
237 Tenant's action subject to lessor's unqualified discretion . . . . . . . 158
238 Tenant's action subject to lessor's qualified discretion . . . . . . . . . 158
239 Order of tribunal about transfer or subletting . . . . . . . . . . . . . . . . 159
240 Lessor's expenses for transfer or subletting . . . . . . . . . . . . . . . . . 159
241 Lessor's fee for sale of caravan . . . . . . . . . . . . . . . . . . . . . . . . . . 159
Division 2 Transfer by lessor
242 Transfer by lessor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
Division 3 Replacement of tenant
243 End of tenant's occupation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
244 Death of a cotenant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
245 Injury to domestic associate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
246 Injury or damage affecting occupants . . . . . . . . . . . . . . . . . . . . . 164
Chapter 4 Rights and obligations of parties for rooming
accommodation
Part 1 Rights and obligations generally
247 Provider's obligations generally . . . . . . . . . . . . . . . . . . . . . . . . . . 166
248 Provider's or agent's name and other details . . . . . . . . . . . . . . . . 167
249 Quiet enjoyment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
250 Supply of locks and keys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
251 Changing locks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
252 Application to tribunal about lock or key . . . . . . . . . . . . . . . . . . . . 169
253 Resident's obligations generally . . . . . . . . . . . . . . . . . . . . . . . . . . 170
254 Attaching fixtures and making structural changes . . . . . . . . . . . . 171
255 Agreement about fixtures and structural changes . . . . . . . . . . . . 171
256 Attaching fixture or making structural change without provider's
agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
Page 10
Residential Tenancies and Rooming Accommodation Bill 2008
Contents
Part 2 Entry to residents' rooms
257 Entry with resident's agreement . . . . . . . . . . . . . . . . . . . . . . . . . . 173
258 Entry to carry out inspection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
259 Entry after giving notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
260 Entry without notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
261 General qualifications about entry . . . . . . . . . . . . . . . . . . . . . . . . 175
262 Entry by provider's agent or other person . . . . . . . . . . . . . . . . . . 175
263 Rules of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
264 Entry by provider or provider's agent under order of tribunal . . . . 176
265 Unlawful entry of resident's room . . . . . . . . . . . . . . . . . . . . . . . . . 177
Part 3 House rules
Division 1 General
266 House rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177
267 Prescribed rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
268 Rules made by the provider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
Division 2 Rule changes
269 Meaning of rule change . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
270 Notice of proposed rule change . . . . . . . . . . . . . . . . . . . . . . . . . . 179
271 Withdrawal of proposed rule change . . . . . . . . . . . . . . . . . . . . . . 180
272 Objection to proposed rule change . . . . . . . . . . . . . . . . . . . . . . . 180
273 Application to tribunal about proposed rule change . . . . . . . . . . . 181
274 Application to tribunal by resident about existing rule . . . . . . . . . 182
Division 3 Publication of house rules
275 Proposed resident to be given a copy of house rules. . . . . . . . . . 183
276 Display of house rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
Chapter 5 Ending of agreements
Part 1 Ending of residential tenancy agreements
Division 1 General
277 Ending of residential tenancy agreements . . . . . . . . . . . . . . . . . . 183
278 Acceptance of rent does not operate as waiver of tenant's
breach ....................................... 185
279 Offer or payment of rent does not operate as waiver of lessor's
breach .......................................... 186
Division 2 Action by lessor
Subdivision 1 Notices to remedy breach given by lessor
280 Notice to remedy tenant's breach. . . . . . . . . . . . . . . . . . . . . . . . . 186
Page 11
Residential Tenancies and Rooming Accommodation Bill 2008
Contents
Subdivision 2 Notices to leave premises given by lessor
281 Notice to leave for unremedied breach. . . . . . . . . . . . . . . . . . . . . 187
282 Notice to leave for tenant's noncompliance with tribunal order. . . 187
283 Notice to leave for noncompliance (moveable dwelling
relocation) .................................... 188
284 Notice to leave if agreement frustrated. . . . . . . . . . . . . . . . . . . . . 188
285 Notice to leave if agreement frustrated (moveable dwelling
premises) ........................................ 189
286 Notice to leave if premises being sold . . . . . . . . . . . . . . . . . . . . . 190
287 Notice to leave if closure of moveable dwelling park involved . . . 190
288 Notice to leave if tenant's employment ends or entitlement to
occupy under employment ends. . . . . . . . . . . . . . . . . . . . . . . . . . 191
289 Notice to leave if tenant's entitlement to supported
accommodation ends ............................... 192
290 Notice to leave if tenant's entitlement under affordable housing
scheme .......................................... 192
291 Notice to leave without ground . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
292 Application to tribunal about notice to leave without ground . . . . 194
Subdivision 3 Applications for termination by lessor
293 Application for termination for failure to leave. . . . . . . . . . . . . . . . 194
294 Application for termination for failure to leave as intended . . . . . . 195
295 Application for termination for excessive hardship . . . . . . . . . . . . 195
296 Application for termination for damage or injury. . . . . . . . . . . . . . 196
297 Application for termination for tenant's objectionable behaviour . 196
298 Application for termination for incompatibility . . . . . . . . . . . . . . . . 197
299 Application by lessor for termination for repeated breaches by
tenant .......................................... 197
300 Application for interim order about damage or injury . . . . . . . . . . 198
Division 3 Action by tenant
Subdivision 1 Notices to remedy breach given by tenant
301 Notice to remedy lessor's breach . . . . . . . . . . . . . . . . . . . . . . . . . 199
Subdivision 2 Notices of intention to leave premises given by tenant
302 Notice of intention to leave for unremedied breach . . . . . . . . . . . 200
303 Waiver of breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200
304 Notice of intention to leave for lessor's noncompliance with
tribunal order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201
305 Notice of intention to leave if agreement frustrated . . . . . . . . . . . 201
Page 12
Residential Tenancies and Rooming Accommodation Bill 2008
Contents
306 Notice of intention to leave if agreement frustrated (moveable
dwelling premises) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
307 Notice of intention to leave if premises being sold . . . . . . . . . . . . 203
308 Notice of intention to leave without ground. . . . . . . . . . . . . . . . . . 203
Subdivision 3 Applications for termination by tenant
309 Application for termination for failure of lessor to remedy breach 204
310 Application for termination for excessive hardship . . . . . . . . . . . . 204
311 Application for termination for damage or injury. . . . . . . . . . . . . . 205
312 Application by cotenant for termination for damage or injury . . . . 205
313 Application for termination for lessor's objectionable behaviour . . 206
314 Application for termination for incompatibility . . . . . . . . . . . . . . . . 206
315 Application by tenant for termination for repeated breaches by
lessor .......................................... 206
316 Application for interim order about damage or injury . . . . . . . . . . 208
Division 4 Action by other persons
Subdivision 1 Mortgagees
317 Notice about proposed action of mortgagee . . . . . . . . . . . . . . . . 208
318 Acceptance of rent does not operate as consent . . . . . . . . . . . . . 209
319 Tenant not liable for loss if tenant vacates or is removed from
premises after receiving notice from mortgagee . . . . . . . . . . . . . 209
320 Tenant not liable for loss if rent paid to mortgagee. . . . . . . . . . . . 210
Subdivision 2 Other persons
321 Application by tenant's domestic associate for termination for
damage or injury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
322 Application by occupant for termination for damage or injury. . . . 211
323 Application for interim order about damage or injury . . . . . . . . . . 211
324 References to applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
Division 5 Procedural requirements for action taken by lessor or
tenant
325 Notice to remedy breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
326 Notice to leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
327 Notice of intention to leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213
328 Allowed remedy period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214
329 Handover day for notice to leave for premises that are not
moveable dwelling premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
330 Handover day for notice to leave for moveable dwelling
premises ..................................... 216
Page 13
Residential Tenancies and Rooming Accommodation Bill 2008
Contents
331 Handover day for notice of intention to leave for premises that
are not moveable dwelling premises . . . . . . . . . . . . . . . . . . . . . . 217
332 Handover day for notice of intention to leave for moveable
dwelling premises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218
333 Withdrawing notice to leave for unremedied breach. . . . . . . . . . . 219
334 Withdrawing notice of intention to leave . . . . . . . . . . . . . . . . . . . . 220
335 Applications for termination orders . . . . . . . . . . . . . . . . . . . . . . . . 220
336 Applications to tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221
Division 6 Orders of tribunal
337 Failure to leave for unremedied breach . . . . . . . . . . . . . . . . . . . . 221
338 Failure to leave for noncompliance (tribunal order) . . . . . . . . . . . 222
339 Failure to leave for noncompliance (moveable dwelling
relocation) ..................................... 222
340 Failure to leave for other grounds . . . . . . . . . . . . . . . . . . . . . . . . . 223
341 Failure to leave without ground. . . . . . . . . . . . . . . . . . . . . . . . . . . 223
342 Failure to leave as intended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224
343 Excessive hardship. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224
344 Damage or injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224
345 Objectionable behaviour. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225
346 Incompatibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
347 Repeated breaches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
348 Interim order about damage or injury . . . . . . . . . . . . . . . . . . . . . . 226
349 Defects in notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227
Division 7 Recovery of possession of premises
350 Issue of warrant of possession . . . . . . . . . . . . . . . . . . . . . . . . . . . 227
351 Warrant of possession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228
352 Execution of warrant of possession . . . . . . . . . . . . . . . . . . . . . . . 229
353 Way of recovering possession of premises . . . . . . . . . . . . . . . . . 229
354 Obstruction of person executing warrant of possession . . . . . . . . 229
Division 8 Abandonment
355 Termination of agreement by lessor if premises abandoned . . . . 230
356 Dispute about abandonment termination notice. . . . . . . . . . . . . . 231
357 Order about abandonment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231
Division 9 Compensation
358 Tenant remaining in possession . . . . . . . . . . . . . . . . . . . . . . . . . . 232
359 Compensation on abandonment termination notice. . . . . . . . . . . 233
360 Compensation on termination by tribunal. . . . . . . . . . . . . . . . . . . 233
Page 14
Residential Tenancies and Rooming Accommodation Bill 2008
Contents
361 Review of abandonment order . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
362 Duty to mitigate loss or expense . . . . . . . . . . . . . . . . . . . . . . . . . 234
Division 10 Goods and documents left behind on premises
363 Goods left on premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235
364 Documents left on premises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
365 Application about goods left on premises. . . . . . . . . . . . . . . . . . . 238
Part 2 Ending of rooming accommodation agreements
Division 1 General
366 Ending of rooming accommodation agreements . . . . . . . . . . . . . 239
367 Purporting to terminate agreement in unauthorised way . . . . . . . 240
Division 2 Action by provider
Subdivision 1 Notices to remedy breach given by provider
368 Notice to remedy resident's breach . . . . . . . . . . . . . . . . . . . . . . . 241
Subdivision 2 Notices to leave given by provider
369 Notice to leave because of failure to remedy breach . . . . . . . . . . 242
370 Notice to leave immediately because of serious breach . . . . . . . 243
371 Notice to leave if premises destroyed etc. . . . . . . . . . . . . . . . . . . 244
372 Terminating of agreement by provider without ground . . . . . . . . . 244
373 Application to tribunal about terminating agreement without
ground ......................................... 245
374 Notice to leave if resident's employment ends or entitlement to
occupy under employment ends. . . . . . . . . . . . . . . . . . . . . . . . . . 246
375 Power to remove resident. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246
Subdivision 3 Applications for termination by provider
376 Application by provider for termination for repeated breaches
by resident ....................................... 247
377 Application by provider to terminate fixed term agreement
because of excessive hardship . . . . . . . . . . . . . . . . . . . . . . . . . . 248
Division 3 Action by resident
Subdivision 1 Notices to remedy breach given by resident
378 Notice to remedy provider's breach . . . . . . . . . . . . . . . . . . . . . . . 249
Subdivision 2 Notices terminating agreement given by resident
379 Notice terminating fixed term agreement because of failure to
remedy breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
380 Notice terminating agreement if premises destroyed etc. . . . . . . 250
381 Terminating of agreement by resident without ground . . . . . . . . . 251
Page 15
Residential Tenancies and Rooming Accommodation Bill 2008
Contents
Subdivision 3 Applications for termination by resident
382 Application by resident for termination for repeated breaches
by provider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251
383 Application by resident to terminate fixed term agreement
because of excessive hardship . . . . . . . . . . . . . . . . . . . . . . . . . . 252
Division 4 Action by mortgagees
384 Notice about proposed action of mortgagee . . . . . . . . . . . . . . . . 253
385 Acceptance of rent does not operate as consent . . . . . . . . . . . . . 254
386 Resident not liable for loss if resident vacates or is removed
from premises after receiving notice under s 384 . . . . . . . . . . . . 254
387 Resident not liable for loss if rent paid to mortgagee . . . . . . . . . . 254
Division 5 Procedural requirements and orders of tribunal
388 Applications for termination orders . . . . . . . . . . . . . . . . . . . . . . . . 255
389 Orders relating to repeated breaches. . . . . . . . . . . . . . . . . . . . . . 255
Division 6 Goods or money left behind in premises
390 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
391 Unauthorised dealing with lost property . . . . . . . . . . . . . . . . . . . . 256
392 Personal document or money. . . . . . . . . . . . . . . . . . . . . . . . . . . . 257
393 Item other than personal document or money . . . . . . . . . . . . . . . 257
394 Personal document given to public trustee. . . . . . . . . . . . . . . . . . 258
395 Money given to public trustee. . . . . . . . . . . . . . . . . . . . . . . . . . . . 259
396 Application to tribunal about lost property . . . . . . . . . . . . . . . . . . 259
Chapter 6 Dispute resolution
Part 1 Conciliation process for residential tenancy disputes and
rooming accommodation disputes
Division 1 Preliminary
397 Application of pt 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
Division 2 Conciliation
398 Conciliation process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
399 Some matters not suitable for conciliation . . . . . . . . . . . . . . . . . . 261
400 Appointment of conciliators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
401 Functions of conciliators. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
Division 3 Starting the conciliation process
402 Making dispute resolution request . . . . . . . . . . . . . . . . . . . . . . . . 262
403 Action to be taken on dispute resolution request . . . . . . . . . . . . . 263
Division 4 Conduct of conciliation process
404 Conciliation fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
Page 16
Residential Tenancies and Rooming Accommodation Bill 2008
Contents
405 Limited right of representation . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
406 Parties participation in conciliation process not compellable . . . . 264
407 Parties to conciliation process . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
408 Conciliation agreements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
409 No record of conciliation process . . . . . . . . . . . . . . . . . . . . . . . . . 265
Division 5 Withdrawal of disputes
410 Withdrawal of disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
Division 6 Confidentiality, privilege and immunity
411 Conciliators to maintain secrecy. . . . . . . . . . . . . . . . . . . . . . . . . . 265
412 Ordinary protection and immunity allowed . . . . . . . . . . . . . . . . . . 266
413 Admissions made in conciliation process. . . . . . . . . . . . . . . . . . . 266
Part 2 Application to tribunals
Division 1 Application of part
414 Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267
Division 2 Preliminary
415 Meaning of urgent application . . . . . . . . . . . . . . . . . . . . . . . . . . . 267
416 Dispute resolution request required before applying to tribunal . . 270
417 Reference to making of tribunal application includes making of
dispute resolution request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270
Division 3 General powers of tribunals
418 Application of Act to agreements . . . . . . . . . . . . . . . . . . . . . . . . . 271
419 Applications about breach of agreements . . . . . . . . . . . . . . . . . . 271
420 Orders about breach of agreements . . . . . . . . . . . . . . . . . . . . . . 272
421 Matters to which tribunal must have regard for orders for
compensation ..................................... 273
422 Application of Aboriginal tradition . . . . . . . . . . . . . . . . . . . . . . . . . 274
423 Application of Island custom. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275
424 Disputes about tenants' notices . . . . . . . . . . . . . . . . . . . . . . . . . . 276
425 Dispute about residents' notices . . . . . . . . . . . . . . . . . . . . . . . . . 276
426 Disputes about lessors' notices . . . . . . . . . . . . . . . . . . . . . . . . . . 277
427 Dispute about providers' notices . . . . . . . . . . . . . . . . . . . . . . . . . 278
428 Dispute about entry to resident's room or removal of resident . . . 278
429 General disputes between lessors and tenants or providers and
residents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279
430 Disputes between cotenants or coresidents about rental bonds . 279
431 Different applications may be decided together . . . . . . . . . . . . . . 279
432 Joining applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280
Page 17
Residential Tenancies and Rooming Accommodation Bill 2008
Contents
433 Relevant matters for deciding whether a person is a boarder
or lodger ......................................... 280
Chapter 7 Enforcement
Part 1 Authorised persons
434 Authorised persons under this chapter. . . . . . . . . . . . . . . . . . . . . 281
435 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281
436 Limitation of authorised person's powers . . . . . . . . . . . . . . . . . . . 281
437 Authorised person's conditions of appointment . . . . . . . . . . . . . . 282
438 Authorised person's identity card . . . . . . . . . . . . . . . . . . . . . . . . . 282
439 Production or display of authorised person's identity card . . . . . . 283
Part 2 Powers of authorised persons for places
440 Entry to places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283
441 Warrants for entry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284
442 Warrants--applications made other than in person . . . . . . . . . . . 285
443 Authorised person's general powers for places . . . . . . . . . . . . . . 286
Part 3 Other enforcement matters
444 Procedure after document seized . . . . . . . . . . . . . . . . . . . . . . . . 288
445 Power to require information from certain persons. . . . . . . . . . . . 288
446 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . 289
447 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . 290
448 Authorised person to give notice of damage . . . . . . . . . . . . . . . . 290
449 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291
450 Agreement to entry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292
451 Evidence of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293
452 Obstruction of authorised person . . . . . . . . . . . . . . . . . . . . . . . . . 293
453 Impersonation of authorised person. . . . . . . . . . . . . . . . . . . . . . . 293
Chapter 8 Causing nuisance in moveable dwelling parks
454 Behaviour in moveable dwelling park causing serious nuisance . 294
455 Application to tribunal for order to exclude person from park . . . . 294
456 Order of tribunal excluding person from park . . . . . . . . . . . . . . . . 295
Chapter 9 Tenancy databases
457 Definitions for ch 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296
458 Non-application to internal databases . . . . . . . . . . . . . . . . . . . . . 297
459 Restriction on listing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297
460 Application to tribunal about breach . . . . . . . . . . . . . . . . . . . . . . . 298
461 Application to tribunal about incorrect or unjust listing . . . . . . . . . 298
Page 18
Residential Tenancies and Rooming Accommodation Bill 2008
Contents
462 Application to tribunal about proposed listing. . . . . . . . . . . . . . . . 300
463 Offence of contravening tribunal order . . . . . . . . . . . . . . . . . . . . . 300
464 Order for compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300
Chapter 10 Residential Tenancies Authority
Part 1 Establishment of authority
465 Establishment of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301
466 Legal status of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301
467 Authority represents the State . . . . . . . . . . . . . . . . . . . . . . . . . . . 301
Part 2 Functions and powers of authority
468 Authority's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302
469 Authority's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 303
470 Reserve power of Minister to give directions in public interest . . . 303
Part 3 The board
471 The board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304
472 Role of the board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304
473 Composition of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304
474 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304
475 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 305
Part 4 Proceedings of the board
476 Time and place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 305
477 Conduct of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 305
478 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306
479 Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 307
Part 5 Financial matters
480 Application of Financial Administration and Audit Act . . . . . . . . . 307
481 Authority is statutory body for Statutory Bodies Financial
Arrangements Act 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 307
482 Administration budget. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 308
Part 6 Other things about the authority
483 Authority may enter into work performance arrangements. . . . . . 308
484 Seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 309
485 Application of certain Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 309
486 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 309
Part 7 Chief executive officer
487 Chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310
488 Chief executive officer not to engage in other paid employment . 310
Page 19
Residential Tenancies and Rooming Accommodation Bill 2008
Contents
489 Acting chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . 311
490 Delegation by chief executive officer . . . . . . . . . . . . . . . . . . . . . . 311
Chapter 11 Residential Tenancies Employing Office
Part 1 Establishment and functions of employing office
491 Establishment of employing office . . . . . . . . . . . . . . . . . . . . . . . . 311
492 Employing office represents the State . . . . . . . . . . . . . . . . . . . . . 312
493 Functions of employing office . . . . . . . . . . . . . . . . . . . . . . . . . . . . 312
Part 2 Executive officer
494 Appointment of executive officer. . . . . . . . . . . . . . . . . . . . . . . . . . 312
495 Executive officer acting for employing office. . . . . . . . . . . . . . . . . 313
496 Delegation by executive officer. . . . . . . . . . . . . . . . . . . . . . . . . . . 313
Part 3 Staff of employing office
497 Employing office may employ staff . . . . . . . . . . . . . . . . . . . . . . . . 313
498 Employing office may enter into work performance
arrangements ................................ 314
Part 4 Other provisions
499 Employing office is statutory body . . . . . . . . . . . . . . . . . . . . . . . . 315
500 Application of Crime and Misconduct Act 2001 . . . . . . . . . . . . . . 315
Chapter 12 Legal proceedings
Part 1 Application
501 Application of ch 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316
Part 2 Evidence
502 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316
503 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316
504 Other evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316
505 Statement of complainant's knowledge . . . . . . . . . . . . . . . . . . . . 317
506 Condition reports for residential tenancy . . . . . . . . . . . . . . . . . . . 317
507 Condition report for rooming accommodation . . . . . . . . . . . . . . . 318
508 Rental bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 318
509 Indications a resident has abandoned a room . . . . . . . . . . . . . . . 318
Part 3 Proceedings
510 Summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319
511 Attempts to commit offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . 320
512 Responsibility for act or omission of representative . . . . . . . . . . . 320
513 Executive officers must ensure corporation complies with Act. . . 321
Page 20
Residential Tenancies and Rooming Accommodation Bill 2008
Contents
Part 4 Offence about giving false or misleading document to
authority
514 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . 322
Chapter 13 Miscellaneous
515 Authority may provide addresses to tribunal . . . . . . . . . . . . . . . . 322
516 Applications for more than prescribed amount . . . . . . . . . . . . . . . 323
517 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 323
518 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324
519 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324
520 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324
521 Non-application of Act to long-term leases on Hamilton Island . . 325
522 Non-application of Act to long-term leases for Hayman Island. . . 325
523 Non-application of Act to long-term leases for Pacific Mirage . . . 326
524 Non-application of Act to long-term leases within prescribed
land ......................................... 326
525 Giving notice to resident with impaired or limited capacity. . . . . . 327
526 Reporting a matter relating to the Residential Services
(Accreditation) Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 328
527 Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 329
Chapter 14 Repeal, savings and transitional provisions
Part 1 Repeal provisions
528 Repeal of Residential Tenancies Act 1994. . . . . . . . . . . . . . . . . . 330
529 Repeal of Residential Services (Accommodation) Act 2002 . . . . 331
Part 2 Savings and transitional provisions
Division 1 Interpretation
530 Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 331
Division 2 Transitional references
531 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 332
532 References to Residential Tenancies Act 1994 . . . . . . . . . . . . . . 332
533 References to Residential Services (Accommodation) Act 2002 . 332
Division 3 The authority
534 Authority continues under this Act . . . . . . . . . . . . . . . . . . . . . . . . 333
535 Continuation of appointment of chief executive officer . . . . . . . . . 333
536 Existing employees of authority . . . . . . . . . . . . . . . . . . . . . . . . . . 333
Division 4 The authority's board
537 The board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 333
Page 21
Residential Tenancies and Rooming Accommodation Bill 2008
Contents
Division 5 Employing office
538 Employing office continues under this Act . . . . . . . . . . . . . . . . . . 334
539 Continuation of appointment of executive officer . . . . . . . . . . . . . 334
540 Existing employees of employing office . . . . . . . . . . . . . . . . . . . . 334
Division 6 Authorised persons and conciliators
541 Authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 335
542 Conciliators. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 335
Division 7 Existing agreements
543 Existing agreements continue under this Act . . . . . . . . . . . . . . . . 335
Division 8 Agreements to which repealed Acts would not have applied
544 Agreements to which repealed Acts did not apply or would not
have applied . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 336
Division 9 Rental bonds
545 Existing rental bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337
546 Rental bond held for agreements to which repealed Acts did not
apply or would not have applied . . . . . . . . . . . . . . . . . . . . . . . . . . 337
547 Rental bonds held for premises or rooming accommodation on
university campus. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337
548 Payment of rental bond held when agreement under s 544(3)
entered into . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 338
Division 10 Notices given, or applications or requests made, by parties
to agreements
549 Notices given, or applications or requests made, under
repealed Act continue under that Act . . . . . . . . . . . . . . . . . . . . . . 338
550 Notices given, or applications or requests made, under this Act
for matters happening before commencement. . . . . . . . . . . . . . . 340
Division 11 Other transitional provisions
551 Period stated in previous provision. . . . . . . . . . . . . . . . . . . . . . . . 340
552 Transitional regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341
Chapter 15 Consequential amendments
553 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341
554 Amendment of regulations does not affect powers of Governor
in Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 342
Schedule 1 Consequential amendments . . . . . . . . . . . . . . . . . . . . . . . . . . 343
Aboriginal and Torres Strait Islander Communities (Justice,
Land and Other Matters) Act 1984 . . . . . . . . . . . . . . . . . . . . . . . . 343
Aboriginal Land Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 344
Building Fire Safety Regulation 2008 . . . . . . . . . . . . . . . . . . . . . . 344
Page 22
Residential Tenancies and Rooming Accommodation Bill 2008
Contents
Commission for Children and Young People and Child Guardian
Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 345
Domestic and Family Violence Protection Act 1989. . . . . . . . . . . 345
Domestic Building Contracts Act 2000 . . . . . . . . . . . . . . . . . . . . . 346
Education (General Provisions) Act 2006. . . . . . . . . . . . . . . . . . . 346
Electrical Safety Regulation 2002 . . . . . . . . . . . . . . . . . . . . . . . . 346
Family Responsibilities Commission Act 2008 . . . . . . . . . . . . . . . 347
Fire and Rescue Service Act 1990. . . . . . . . . . . . . . . . . . . . . . . . 347
Housing Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 348
Housing Regulation 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 349
Land Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 350
Land Tax Act 1915 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 350
Liquor Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 350
Local Government Act 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 351
Manufactured Homes (Residential Parks) Act 2003. . . . . . . . . . . 351
Police Powers and Responsibilities Act 2000 . . . . . . . . . . . . . . . . 351
Police Powers and Responsibilities Regulation 2000 . . . . . . . . . . 352
Property Agents and Motor Dealers Act 2000 . . . . . . . . . . . . . . . 352
Property Agents and Motor Dealers (Auctioneering Practice
Code of Conduct) Regulation 2001 . . . . . . . . . . . . . . . . . . . . . . . 354
Property Agents and Motor Dealers (Real Estate Agency
Practice Code of Conduct) Regulation 2001 . . . . . . . . . . . . . . . . 354
Property Agents and Motor Dealers (Restricted Letting Agency
Practice Code of Conduct) Regulation 2001 . . . . . . . . . . . . . . . . 354
Public Service Regulation 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . 355
Residential Services (Accreditation) Act 2002 . . . . . . . . . . . . . . . 355
Small Claims Tribunal Act 1973 . . . . . . . . . . . . . . . . . . . . . . . . . . 355
Statutory Bodies Financial Arrangements Regulation 2007. . . . . 356
Succession Act 1981 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356
Torres Strait Islander Land Act 1991 . . . . . . . . . . . . . . . . . . . . . . 357
Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358
Page 23
2008
A Bill
for
An Act about residential tenancy agreements, rooming
accommodation agreements, and related matters
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 1 Preliminary
Part 1 Introduction
[s 1]
The Parliament of Queensland enacts-- 1
Chapter 1 Preliminary 2
Part 1 Introduction 3
1 Short title 4
This Act may be cited as the Residential Tenancies and 5
Rooming Accommodation Act 2008. 6
2 Commencement 7
This Act commences on a day to be fixed by proclamation. 8
3 Act binds all persons 9
(1) This Act binds all persons, including the State and, so far as 10
the legislative power of the Parliament permits, the 11
Commonwealth and the other States. 12
(2) However, some provisions of this Act do not apply to the 13
State. 14
Examples of provisions not applying to State-- 15
1 section 91 (Rent increases) 16
2 section 92 (Tenant's application to tribunal about rent increase) 17
3 section 163 (Outgoings other than service charges) 18
(3) Nothing in this Act makes the Commonwealth or a State 19
liable to be prosecuted for an offence. 20
Page 26
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 1 Preliminary
Part 2 Objects of Act
[s 4]
4 Rights and remedies of persons 1
(1) A right or remedy given to a person under this Act is in 2
addition to, and not in substitution for, a right or remedy the 3
person would have apart from this Act. 4
(2) Without limiting subsection (1), this Act does not operate to 5
reduce the effect of a right or remedy a person would have 6
apart from this Act. 7
(3) In subsections (1) and (2), a reference to a right or remedy a 8
person would have apart from this Act is a reference to a right 9
or remedy that is not inconsistent with this Act. 10
Part 2 Objects of Act 11
5 Objects of Act 12
(1) The main objects of this Act are to state the rights and 13
obligations of-- 14
(a) tenants, lessors and agents for residential tenancies; and 15
(b) residents, providers and agents for rooming 16
accommodation. 17
(2) The objects are mainly achieved by-- 18
(a) regulating the making, content, operation and ending of 19
residential tenancy agreements and rooming 20
accommodation agreements; and 21
(b) providing for the resolution of disputes about residential 22
tenancy agreements and rooming accommodation 23
agreements; and 24
(c) providing for the authority to receive, hold and pay 25
rental bonds; and 26
(d) providing for compliance with this Act to be monitored 27
and enforced; and 28
Page 27
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 1 Preliminary
Part 3 Interpretation
[s 6]
(e) providing for the establishment, functions and powers of 1
the authority. 2
Part 3 Interpretation 3
Division 1 Location of definitions 4
6 Definitions and dictionary 5
(1) The dictionary in schedule 2 defines particular words used in 6
this Act. 7
(2) The key terms and definitions found elsewhere in the Act are 8
signposted in the dictionary. 9
Division 2 Meaning of key terms for residential 10
tenancies 11
7 Caravan 12
(1) A caravan is a trailer-- 13
(a) designed principally for residential purposes; and 14
(b) designed to be attached to and towed by a self-propelled 15
vehicle; and 16
(c) that, as originally designed, was capable of being 17
registered under a law of the State about the use of 18
vehicles on public roads. 19
(2) Also, a caravan is something-- 20
(a) not fitted with wheels; and 21
Page 28
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 1 Preliminary
Part 3 Interpretation
[s 8]
(b) not designed for permanent attachment to land but 1
designed for attachment to a motor vehicle and for use 2
for residential purposes. 3
(3) In addition, a caravan is a self-propelled vehicle-- 4
(a) that-- 5
(i) is designed to be used both as a vehicle and for 6
residential purposes; or 7
(ii) was designed to be used solely as a vehicle but has 8
been modified to be suitable for use both as a 9
vehicle and for residential purposes; and 10
(b) that, as originally designed, was capable of being 11
registered under a law of the State about the use of 12
vehicles on public roads. 13
8 Lessor 14
(1) A lessor is the person who gives the right to occupy 15
residential premises under a residential tenancy agreement. 16
Note-- 17
Under the Acts Interpretation Act 1954, section 35A (References to 18
person with interest in land includes personal representative etc.), a 19
reference in an Act to a person as lessor includes a reference to the 20
person's personal representatives, successors and assigns. 21
(2) A lessor also includes-- 22
(a) the person who is to give the right to occupy residential 23
premises under a proposed residential tenancy 24
agreement; and 25
(b) a tenant who has given, or is to give, the right to occupy 26
residential premises to a subtenant. 27
9 Premises 28
(1) Premises, for a residential tenancy, include a part of premises 29
and land occupied with premises. 30
Page 29
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 1 Preliminary
Part 3 Interpretation
[s 10]
(2) Premises, for a residential tenancy, also include-- 1
(a) a caravan or its site, or both the caravan and site; and 2
(b) a manufactured home in, or intended to be situated in, a 3
moveable dwelling park or its site, or both the 4
manufactured home and site; and 5
(c) a houseboat. 6
10 Residential premises 7
Residential premises are premises used, or intended to be 8
used, as a place of residence or mainly as a place of residence. 9
11 Residential tenancy 10
A residential tenancy is the right to occupy residential 11
premises under a residential tenancy agreement. 12
12 Residential tenancy agreement 13
(1) A residential tenancy agreement is an agreement under 14
which a person gives to someone else a right to occupy 15
residential premises as a residence. 16
(2) Subsection (1) applies whether or not the right is a right of 17
exclusive occupation. 18
(3) Subsection (1) also applies whether the agreement is-- 19
(a) wholly in writing, wholly oral or wholly implied; or 20
(b) partly in a form mentioned in paragraph (a) and partly in 21
1 or both of the other forms. 22
(4) An agreement is not a residential tenancy agreement if it is a 23
rooming accommodation agreement. 24
(5) However, an agreement is a residential tenancy agreement if it 25
is taken to be a residential tenancy agreement under section 26
18. 27
Page 30
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 1 Preliminary
Part 3 Interpretation
[s 13]
13 Tenant 1
(1) A tenant is the person to whom the right to occupy residential 2
premises under a residential tenancy agreement is given. 3
Note-- 4
Under the Acts Interpretation Act 1954, section 35A (References to 5
person with interest in land includes personal representative etc.), a 6
reference in an Act to a person as lessee includes a reference to the 7
person's personal representatives, successors and assigns. Under section 8
36 (Meaning of commonly used words and expressions) of that Act, a 9
lessee includes a tenant. 10
(2) A tenant also includes-- 11
(a) the person to whom the right to occupy residential 12
premises is to be given under a proposed residential 13
tenancy agreement; and 14
(b) the subtenant of a tenant. 15
Division 3 Meaning of key terms for rooming 16
accommodation 17
14 Resident 18
Resident means a person-- 19
(a) who, in rental premises, occupies 1 or more rooms as 20
the person's only or main residence; and 21
(b) who is not-- 22
(i) the provider; or 23
(ii) a relative of the provider. 24
15 Rooming accommodation 25
(1) Rooming accommodation is accommodation occupied or 26
available for occupation by residents, in return for the 27
payment of rent, if each of the residents-- 28
Page 31
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 1 Preliminary
Part 3 Interpretation
[s 16]
(a) has a right to occupy 1 or more rooms; and 1
(b) does not have a right to occupy the whole of the 2
premises in which the rooms are situated; and 3
(c) does not occupy a self-contained unit; and 4
(d) shares other rooms, or facilities outside of the resident's 5
room, with 1 or more of the other residents. 6
Example for paragraph (d)-- 7
a boarding house in which each of the residents occupies a room 8
and shares a bathroom, kitchen, dining room and common room 9
with the other residents 10
(2) For subsection (1), it is immaterial whether or not-- 11
(a) the rooms are in the same premises; or 12
(b) the resident is provided with a food service, personal 13
care service or other service. 14
16 Rooming accommodation agreement 15
(1) A rooming accommodation agreement is an agreement under 16
which a provider provides rooming accommodation to a 17
resident in rental premises. 18
(2) Subsection (1) applies whether the agreement is-- 19
(a) entirely in writing, entirely oral or entirely implied; or 20
(b) partly in a form mentioned in paragraph (a) and partly in 21
1 or both of the other forms. 22
(3) However, an agreement is not a rooming accommodation 23
agreement if it is taken to be a residential tenancy agreement 24
under section 18. 25
17 Provider 26
A provider is a person who provides rooming accommodation 27
to residents. 28
Page 32
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 1 Preliminary
Part 4 Application and operation of Act
[s 18]
Part 4 Application and operation of 1
Act 2
Division 1 Matters relating to residential 3
tenancies and rooming 4
accommodation 5
18 Opting in as residential tenancy agreement 6
(1) This section applies to rooming accommodation to which this 7
Act applies. 8
(2) If the parties to an agreement for the accommodation sign the 9
agreement stating that it is a residential tenancy agreement, 10
the agreement is taken to be a residential tenancy agreement. 11
(3) This Act applies to the agreement despite section 32(1). 12
(4) A person does not contract out of the provisions of this Act 13
merely because the person signs an agreement under 14
subsection (2). 15
19 References to agreements 16
In this Act, unless a contrary intention appears, a reference to 17
an agreement is-- 18
(a) for a residential tenancy, a reference to a residential 19
tenancy agreement to which this Act applies; or 20
(b) for rooming accommodation, a reference to a rooming 21
accommodation agreement to which this Act applies. 22
20 Reference to lessors and tenants 23
In this Act, unless a contrary intention appears, a reference to 24
a lessor or tenant is a reference to a lessor or tenant under a 25
residential tenancy agreement to which this Act applies. 26
Page 33
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 1 Preliminary
Part 4 Application and operation of Act
[s 21]
21 Reference to providers and residents 1
In this Act, unless a contrary intention appears, a reference to 2
a provider or resident is a reference to a provider or resident 3
under a rooming accommodation agreement to which this Act 4
applies. 5
22 References to premises 6
In this Act, unless a contrary intention appears, a reference to 7
premises is a reference to a residential premises under a 8
residential tenancy agreement to which this Act applies. 9
23 References to tenancies 10
In this Act, unless a contrary intention appears, a reference to 11
a tenancy or residential tenancy is a reference to a residential 12
tenancy under a residential tenancy agreement to which this 13
Act applies. 14
24 Provision stating that lessor or lessor's agent or provider 15
or provider's agent must do something 16
(1) This section applies to a provision of this Act stating that the 17
lessor or lessor's agent must do something (the required act). 18
(2) The reference in the provision to the lessor's agent is a 19
reference to a person who is the agent of the lessor to do the 20
required act. 21
(3) If the required act is done, whether by the agent or personally 22
by the lessor, both the lessor and the agent are taken to have 23
complied with the provision. 24
(4) If the required act is omitted to be done, both the lessor and 25
the agent are taken to have contravened the provision and, if 26
the contravention is an offence-- 27
(a) each of them may be dealt with for the offence; and 28
(b) section 512(3) applies to a proceeding for the offence. 29
Page 34
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 1 Preliminary
Part 4 Application and operation of Act
[s 25]
(5) In this section-- 1
(a) a reference to the lessor is taken to include a reference to 2
the provider; and 3
(b) a reference to the lessor's agent is taken to be a reference 4
to the provider's agent. 5
25 Lessor's or provider's agent 6
A reference in a provision of this Act to something being done 7
by a lessor or provider, without mentioning an agent of the 8
lessor or provider, does not, by implication, limit the extent to 9
which the thing may be done by an agent of the lessor or 10
provider. 11
26 State as lessor 12
(1) This Act does not apply to a lease, even if the lease is for, or 13
for purposes that include, residential purposes, if-- 14
(a) the lease is granted under the authority of an authorising 15
law; and 16
(b) the State is the lessor. 17
(2) However, if the lessee sublets the land or a part of the land, 18
under the authorising law, this Act applies to the sublease to 19
the extent to which this Act is not inconsistent with the 20
authorising law. 21
(3) To remove any doubt, it is declared that this Act does not 22
apply to a long-term lease entered into or granted by the South 23
Bank Corporation in relation to premises within the South 24
Bank corporation area even if the lease is for, or for purposes 25
that include, residential purposes. 26
(4) However, if the lessee of a lease mentioned in subsection (3) 27
sublets the land or a part of the land for, or for purposes that 28
include, residential purposes, this Act applies to the sublease. 29
Page 35
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 1 Preliminary
Part 4 Application and operation of Act
[s 27]
(5) In this section-- 1
authorising law means an Act other than this Act, the 2
repealed State Housing Act 1945 or the Housing Act 2003 . 3
long-term lease means-- 4
(a) a lease for a term, including renewal options, of at least 5
100 years; or 6
(b) a perpetual lease as defined under the South Bank 7
Corporation Act 1989. 8
South Bank corporation area means the corporation area as 9
defined under the South Bank Corporation Act 1989. 10
27 Application of Property Law Act to agreements 11
(1) The Property Law Act 1974 does not apply to residential 12
tenancy agreements. 13
(2) Nothing in subsection (1) affects the application of the 14
Property Law Act 1974 to an agreement about a tenancy if the 15
agreement is not a residential tenancy agreement. 16
28 Minor has capacity to enter into agreements 17
(1) A minor has the capacity to enter into a residential tenancy 18
agreement or rooming accommodation agreement. 19
(2) An agreement entered into by a minor is enforceable in the 20
same way as if the agreement had been entered into by an 21
adult. 22
Division 2 Residential tenancy agreements to 23
which this Act applies and does not 24
apply 25
29 Act applies to certain residential tenancy agreements etc. 26
(1) This Act applies to residential tenancy agreements and to-- 27
Page 36
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 1 Preliminary
Part 4 Application and operation of Act
[s 30]
(a) lessors, tenants and their respective rights and 1
obligations under residential tenancy agreements; and 2
(b) premises under residential tenancy agreements; and 3
(c) a tenancy under a residential tenancy agreement. 4
(2) However, this Act does not apply to all residential tenancy 5
agreements. 6
Examples of residential tenancy agreements to which this Act does not 7
apply-- 8
1 Under section 26, this Act does not apply to a lease given by the 9
State under certain other Acts. 10
2 Under section 31, this Act does not apply to an agreement giving a 11
right of occupancy for holiday purposes. 12
3 Under section 32, this Act generally does not apply to an agreement 13
if the tenant is a boarder or lodger. 14
4 Under sections 33 and 34, this Act generally does not apply to an 15
agreement for premises that are part of an educational institution, 16
hospital, nursing home or retirement village. 17
5 Under section 36, this Act does not apply to certain agreements 18
under which the tenant is being supplied with temporary refuge 19
accommodation. 20
6 Under section 37, this Act does not apply to agreements under the 21
Manufactured Homes (Residential Parks) Act 2003. 22
7 Under sections 521, 522, 523 and 524, this Act does not apply to 23
certain long-term leases. 24
30 Contracts of sale and mortgages 25
This Act does not apply to an agreement for a tenancy if the 26
tenancy is created or arises-- 27
(a) between the parties to a contract of sale of residential 28
premises under a term of the contract and the tenancy is 29
for a period of 28 days or less; or 30
(b) between the parties to a mortgage of residential 31
premises under a term of the mortgage. 32
Page 37
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 1 Preliminary
Part 4 Application and operation of Act
[s 31]
31 Premises used for holidays 1
(1) This Act does not apply to a residential tenancy agreement if 2
the right of occupancy of the premises is given for holiday 3
purposes. 4
(2) For subsection (1), a right to occupy premises given for 6 5
weeks or longer is taken not to be given for holiday purposes 6
unless the contrary is proved. 7
32 Boarders and lodgers 8
(1) This Act does not apply to a residential tenancy agreement if
the tenant is a boarder or lodger. 1
90
(2) However, if a rental bond is paid for a residential tenancy 11
agreement under which the tenant is a boarder or lodger, the 12
provisions of this Act about rental bonds apply to the 13
agreement. 14
Editor's note-- 15
See section 433 for the matters to which the tribunal must have regard in 16
deciding whether a person is a boarder or lodger. 17
33 Educational institutions 18
(1) This Act does not apply to a residential tenancy agreement for 19
premises used for-- 20
(a) accommodation for school students-- 21
(i) provided as part of, or under an agreement with, a 22
school; or 23
(ii) arranged by a school for students of another 24
school; or 25
(iii) provided with financial assistance from the 26
education department; or 27
(b) accommodation for students within the external 28
boundary of a university's campus provided-- 29
(i) by the university; or 30
Page 38
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 1 Preliminary
Part 4 Application and operation of Act
[s 34]
(ii) by an entity, other than the university, if the 1
accommodation is provided other than for the 2
purpose of making a profit. 3
(2) Subsection (1)(b)(ii) applies even if the accommodation is 4
provided on land owned by the entity within the external 5
boundaries of a university campus. 6
(3) Despite subsection (1), if a rental bond is paid for a residential 7
tenancy within the external boundary of a university's 8
campus, the provisions of this Act about rental bonds apply to 9
the agreement. 10
34 Hospitals, nursing homes and retirement villages 11
(1) This Act does not apply to a residential tenancy agreement for 12
premises that are part of a hospital, nursing home or 13
retirement village. 14
(2) However, this Act applies to a residential tenancy agreement 15
for premises mentioned in subsection (1) if-- 16
(a) the premises are used as a person's place of residence 17
under the person's employment at the hospital, nursing 18
home or retirement village; or 19
(b) the premises are used as a person's place of residence at 20
the retirement village and the person resides in the 21
premises other than under-- 22
(i) a residence contract under the Retirement Villages 23
Act 1999; or 24
(ii) section 70B of the Retirement Villages Act 1999. 25
35 Rental purchase plan agreements 26
This Act does not apply to residential tenancy agreements that 27
are rental purchase plan agreements. 28
Page 39
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 1 Preliminary
Part 4 Application and operation of Act
[s 36]
36 Temporary refuge accommodation 1
This Act does not apply to a residential tenancy agreement if 2
the tenant is being supplied with temporary refuge 3
accommodation at the premises and the accommodation is not 4
approved supported accommodation. 5
37 Agreements under Manufactured Homes (Residential 6
Parks) Act 2003 7
(1) This Act does not apply to a residential tenancy agreement if 8
the agreement is a site agreement. 9
(2) However, subsection (1) does not prevent this Act from 10
applying to a subsequent agreement. 11
(3) In this section-- 12
subsequent agreement means an agreement under which a 13
home owner becomes a lessor under this Act. 14
38 Headleases for employee housing 15
(1) This Act does not apply to an agreement relating to the letting 16
of premises (the headlease) entered into by the 17
Commonwealth, the State, a local government or a 18
corporation as tenant for the purpose of subletting the 19
premises to an employee of the tenant. 20
(2) Subsection (1) does not prevent this Act from applying to a 21
residential tenancy agreement under which the tenant under 22
the headlease lets the premises to an employee of the tenant. 23
(3) This section applies only to a headlease entered into after the 24
commencement of this section. 25
39 Headleases for affordable housing agreements 26
(1) This Act does not apply to an agreement relating to the letting 27
of premises (the headlease) entered into by the 28
Commonwealth, the State, a local government or a non-profit 29
Page 40
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 1 Preliminary
Part 4 Application and operation of Act
[s 40]
corporation as tenant for the purpose of subletting the 1
premises to a person under an affordable housing scheme. 2
(2) Subsection (1) does not prevent this Act from applying to a 3
residential tenancy agreement under which the tenant under 4
the headlease lets the premises to a person whose right of 5
occupancy arises under an affordable housing scheme. 6
40 Hotels and motels 7
This Act applies to a residential tenancy agreement even if the 8
premises are part of a hotel or motel. 9
41 Headleases for approved supported accommodation 10
(1) This Act does not apply to an agreement relating to the letting 11
of premises (the headlease) entered into by an entity as tenant 12
for the purpose of using the premises to provide approved 13
supported accommodation. 14
(2) Subsection (1) does not prevent this Act from applying to a 15
residential tenancy agreement under which the tenant under 16
the headlease lets the premises to a person to provide the 17
person with approved supported accommodation. 18
(3) Despite subsection (2), this Act does not apply to an 19
agreement under which the tenant's right of occupancy arises 20
out of approved supported accommodation if the tenant has 21
occupied the premises under the agreement for a continuous 22
period of not more than 13 weeks. 23
(4) If the tenant under an agreement about approved supported 24
accommodation has occupied the premises under the 25
agreement for a continuous period of more than 13 weeks, the 26
Act applies to the agreement as if the tenant's occupancy 27
started on the day after the 13 week period ended. 28
42 Intensive drug rehabilitation order 29
(1) This section applies if-- 30
Page 41
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 1 Preliminary
Part 4 Application and operation of Act
[s 43]
(a) an intensive drug rehabilitation order under the Drug 1
Court Act 2000 requires the person who is the subject of 2
the order to reside at certain residential premises during 3
the currency of the person's rehabilitation program 4
under the order; and 5
(b) the person is the tenant under a residential tenancy 6
agreement for the premises. 7
(2) The Act does not apply to the agreement or premises during 8
the currency of the rehabilitation program. 9
Division 3 Rooming accommodation 10
agreements to which this Act 11
applies and does not apply 12
43 Act applies to certain rooming accommodation 13
agreements etc. 14
(1) This Act applies to rooming accommodation agreements and 15
to-- 16
(a) providers, residents and their respective rights and 17
obligations under rooming accommodation agreements; 18
and 19
(b) rental premises under rooming accommodation 20
agreements. 21
(2) However, this Act does not apply to all rooming 22
accommodation agreements. 23
44 Rooming accommodation agreements to which Act does 24
not apply 25
(1) The Act does not apply to rooming accommodation 26
agreements relating to the following rooming 27
accommodation-- 28
(a) accommodation provided by a person in premises if-- 29
Page 42
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 1 Preliminary
Part 4 Application and operation of Act
[s 44]
(i) the premises are the person's only or main place of 1
residence; and 2
(ii) not more than 3 rooms in the premises are 3
occupied, or available for occupation, by residents; 4
(b) aged care accommodation provided by an approved 5
provider under the Aged Care Act 1997 (Cwlth); 6
(c) accommodation provided at an authorised mental health 7
service under the Mental Health Act 2000; 8
(d) accommodation provided in a private hospital under a 9
licence in force under the Private Health Facilities Act 10
1999; 11
(e) accommodation for school students-- 12
(i) provided as part of, or under an agreement with, a 13
school; or 14
(ii) arranged by a school for students of another 15
school; or 16
(iii) provided with financial assistance from the 17
education department; 18
(f) accommodation for students within the external 19
boundaries of a university's campus provided-- 20
(i) by the university; or 21
(ii) by an entity, other than the university, if the 22
accommodation is provided other than for the 23
purpose of making a profit; 24
(g) accommodation provided to holiday makers or 25
travellers; 26
Examples-- 27
motel, bed and breakfast facility, backpackers' hostel 28
(h) accommodation provided under the program known as 29
the Supported Accommodation Assistance Program; 30
Page 43
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 1 Preliminary
Part 4 Application and operation of Act
[s 45]
(i) accommodation provided under funding given by, or in 1
premises owned by, Aboriginal Hostels Limited ACN 2
008 504 587; 3
(j) accommodation for a person at a retirement village if 4
the person resides in the accommodation under-- 5
(i) a residence contract under the Retirement Villages 6
Act 1999; or 7
(ii) section 70B of the Retirement Villages Act 1999; 8
(k) other accommodation prescribed under a regulation not 9
to be rooming accommodation. 10
(2) Subsection (1)(f)(ii) applies even if the accommodation is 11
provided on land owned by the entity within the external 12
boundaries of a university's campus. 13
(3) Despite subsection (1)(f), if a rental bond is paid for rooming 14
accommodation within the external boundary of a university's 15
campus, the provisions of this Act about rental bonds apply to 16
the agreement. 17
(4) For subsection (1)(g), a right to occupy given for 6 weeks or 18
longer is taken not to be given for holiday or travel purposes 19
unless the contrary is proved. 20
Division 4 Moveable dwelling premises 21
45 Application of div 4 22
This division applies only to agreements for moveable 23
dwelling premises. 24
46 Purpose of division 25
(1) This division provides for the classifying of tenancies of 26
moveable dwelling premises as either short or long tenancies. 27
Page 44
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 1 Preliminary
Part 4 Application and operation of Act
[s 47]
(2) For some matters, the way this Act applies to a residential 1
tenancy of moveable dwelling premises depends on whether 2
the tenancy is a short or long tenancy. 3
Examples-- 4
1 Section 61 (which requires written agreements) applies to a long 5
tenancy (moveable dwelling), but does not apply to a short tenancy 6
(moveable dwelling). 7
2 Section 68 requires a copy of park rules to be given to the tenant at 8
different times depending on whether the tenancy is a long tenancy 9
(moveable dwelling) or short tenancy (moveable dwelling). 10
47 Short tenancy statements 11
(1) If the lessor and tenant intend that the tenant's occupation of 12
the premises is not to continue for more than 42 days (the base 13
period), they may make a written statement to that effect (the 14
short tenancy statement). 15
(2) The short tenancy statement must be made before, or when, 16
the tenancy starts. 17
48 Extending short tenancy statements 18
(1) If the parties make a short tenancy statement, they may make 19
another written statement (the short tenancy (extension) 20
statement) agreeing that this Act should continue to apply to 21
the tenancy for another period stated in the statement (the 22
extended period) in the same way it applies during the base 23
period. 24
(2) A short tenancy (extension) statement may only be made in 25
the base period. 26
(3) Only 1 short tenancy (extension) statement may be made 27
about the tenancy. 28
(4) The extended period may not be more than 42 days. 29
Page 45
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 1 Preliminary
Part 4 Application and operation of Act
[s 49]
49 Setting aside short tenancy (extension) statements 1
(1) If the parties made a short tenancy (extension) statement, the 2
tenant may apply to a tribunal for an order setting aside the 3
statement because the lessor exerted undue influence on the 4
tenant to make the statement. 5
(2) The tribunal may make the order if it is satisfied the tenant has 6
established the ground of the application. 7
50 Short tenancies 8
For any period for which a short tenancy statement or short 9
tenancy (extension) statement applies to the tenancy, the 10
tenancy is a short tenancy (moveable dwelling). 11
51 Long tenancies 12
If the tenancy is not a short tenancy (moveable dwelling), it is 13
a long tenancy (moveable dwelling). 14
Page 46
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 1 Agreements
[s 52]
Chapter 2 Residential tenancy 1
agreements and rooming 2
accommodation 3
agreements 4
Part 1 Agreements 5
Division 1 Residential tenancy agreements 6
Subdivision 1 General provisions 7
52 Terms of agreements include duties under Act etc. 8
(1) If, under this Act, a duty is imposed on, or an entitlement is 9
given to, a lessor or tenant, the duty or entitlement is taken to 10
be included as a term of the residential tenancy agreement. 11
(2) For premises, other than moveable dwelling premises, the 12
by-laws under the Body Corporate and Community 13
Management Act 1997 or Building Units and Group Titles Act 14
1980 for the time being in force, that apply to the occupation 15
of the premises by the tenant, are also taken to be included as 16
terms of the agreement. 17
(3) If the premises are moveable dwelling premises in a moveable 18
dwelling park, any park rules for the time being in force are 19
also taken to be included as terms of the agreement. 20
(4) If there is a conciliation agreement in force about the 21
residential tenancy agreement, the terms of the conciliation 22
agreement are also taken to be included as terms of the 23
residential tenancy agreement. 24
(5) This section applies even if the duty, entitlement or rule is not 25
included as a term of a written agreement. 26
Page 47
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 1 Agreements
[s 53]
53 Contracting out prohibited 1
(1) An agreement or arrangement is void to the extent to which it 2
purports to exclude, change or restrict the application or 3
operation of a provision of this Act about the terms of a 4
residential tenancy agreement. 5
(2) A person must not enter into an agreement or arrangement 6
with the intention, either directly or indirectly, of defeating, 7
evading or preventing the operation of this Act. 8
Maximum penalty--50 penalty units. 9
(3) In this section-- 10
agreement includes an agreement that is not a residential 11
tenancy agreement. 12
54 Inconsistency 13
(1) If a provision of this Act is inconsistent with a term of a 14
residential tenancy agreement, the provision prevails and the 15
term is void to the extent of the inconsistency. 16
(2) If a standard term of a residential tenancy agreement is 17
inconsistent with a special term of the agreement, the standard 18
term prevails and the special term is void to the extent of the 19
inconsistency. 20
55 Standard terms 21
(1) A regulation may prescribe terms for inclusion in a residential 22
tenancy agreement. 23
(2) The terms prescribed for this section are the standard terms of 24
a residential tenancy agreement. 25
56 Special terms 26
The special terms, of a residential tenancy agreement, are the 27
terms of the agreement that are not-- 28
Page 48
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 1 Agreements
[s 57]
(a) standard terms; or 1
(b) terms included in the agreement under section 52(1). 2
57 Premises must be offered for rent at a fixed amount 3
(1) A lessor or lessor's agent must not advertise or otherwise offer 4
a residential tenancy for premises unless a fixed amount is 5
stated in the advertisement or offer as the amount of rent for 6
the premises. 7
Maximum penalty--20 penalty units. 8
(2) A lessor or lessor's agent must not accept a rental bond from 9
the tenant of premises if the residential tenancy for the 10
premises was advertised or offered without stating a fixed 11
amount of rent for the premises. 12
Maximum penalty--20 penalty units. 13
(3) A person does not contravene this section merely by placing a 14
sign on or near premises advertising or offering a residential 15
tenancy for the premises without stating the amount of rent for 16
the premises on the sign. 17
58 Lessor must give documents to prospective tenant 18
(1) The lessor or lessor's agent must give a prospective tenant for 19
a residential tenancy the document prepared for section 61 20
before doing any of the following-- 21
(a) accepting a document from the prospective tenant that 22
commits the tenant-- 23
(i) to enter into the tenancy; or 24
(ii) to pay an amount in relation to the tenancy; 25
(b) accepting an amount in relation to the tenancy; 26
(c) entering into a residential tenancy agreement for the 27
tenancy. 28
Maximum penalty--20 penalty units. 29
Page 49
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 1 Agreements
[s 59]
(2) For, subsection (1)(b), a person is not taken to accept an 1
amount in relation to a tenancy if the only amount the person 2
accepts is a key deposit. 3
(3) This section does not apply to an agreement for a short 4
tenancy (moveable dwelling). 5
59 Restriction on amounts that may be taken from 6
prospective tenant 7
The lessor or lessor's agent must not take an amount from a 8
prospective tenant for a residential tenancy other than the 9
following-- 10
(a) a key deposit; 11
(b) a holding deposit; 12
(c) a rental bond; 13
(d) rent. 14
Maximum penalty--20 penalty units. 15
60 Orders of tribunal relating to noncompliance with s 58 or 16
59 17
(1) Subsection (2) applies if a tenant or prospective tenant 18
believes that the lessor or lessor's agent has contravened or 19
failed to comply with section 58 or 59. 20
(2) The tenant or prospective tenant may apply to the tribunal for 21
an order about the contravention or failure to comply. 22
(3) The tribunal may make 1 or more of the following orders-- 23
(a) that the lessor or lessor's agent pay an amount to the 24
tenant or prospective tenant; 25
(b) that a residential tenancy agreement entered into is of no 26
effect; 27
Page 50
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 1 Agreements
[s 61]
(c) an order varying the terms of the residential tenancy 1
agreement; 2
(d) any other order the tribunal considers appropriate. 3
61 Written agreements required 4
(1) The lessor or lessor's agent must ensure the agreement is in 5
writing to the extent, and in the way, required by this section. 6
Maximum penalty--20 penalty units. 7
(2) The written agreement must-- 8
(a) include the standard terms for the agreement; and 9
(b) include any special terms of the agreement. 10
(3) If, for a standard term to be effective, the term requires stated 11
information to be included in it (including, for example, the 12
names of the parties and a description of the premises) the 13
agreement is taken to include the standard term only if the 14
information is properly included. 15
(4) The agreement must be written in a clear and precise way. 16
(5) The costs of preparing the agreement are payable by the 17
lessor. 18
(6) Nothing in this section-- 19
(a) requires the tenant to prepare the written agreement; or 20
(b) affects the enforceability of an agreement that is not in 21
writing. 22
(7) This section does not apply to-- 23
(a) an agreement for a short tenancy (moveable dwelling); 24
or 25
(b) a periodic agreement mentioned in section 70(2). 26
Page 51
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 1 Agreements
[s 62]
62 Giving, signing and keeping written agreement 1
(1) The lessor or lessor's agent must give the document prepared 2
for section 61 to the tenant for signing on or before the day the 3
tenant occupies the premises under the agreement. 4
Maximum penalty--20 penalty units. 5
(2) Within 5 days after receiving the document, the tenant must 6
sign the document and return it to the lessor or lessor's agent. 7
(3) Within 14 days after receiving the document signed by the 8
tenant, the lessor or lessor's agent must sign the document and 9
return a copy signed by both parties to the tenant. 10
Maximum penalty--10 penalty units. 11
(4) This section does not apply to an agreement for a short 12
tenancy (moveable dwelling). 13
63 Period lessor or lessor's agent must keep agreement 14
(1) The lessor or lessor's agent must keep a copy of the agreement 15
prepared for section 61 for a period of 1 year after the term of 16
agreement ends. 17
Maximum penalty--20 penalty units. 18
(2) Subsection (1) applies whether or not the agreement has been 19
signed by all the parties to the agreement. 20
64 Orders of tribunal about giving and signing written 21
agreement 22
(1) If the tenant reasonably believes the lessor has contravened 23
section 62(1), the tenant may apply to a tribunal for an order 24
that the lessor give the relevant document to the tenant for 25
signing by a stated day. 26
(2) If the tenant reasonably believes the lessor has contravened 27
section 62(3), the tenant may apply to a tribunal for an order 28
that the lessor sign the relevant document and return a copy of 29
it to the tenant by a stated day. 30
Page 52
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 1 Agreements
[s 65]
(3) If the lessor reasonably believes the tenant has contravened 1
section 62(2), the lessor may apply to a tribunal for an order 2
that the tenant sign the relevant document and return it to the 3
lessor by a stated day. 4
(4) If, on an application made to a tribunal by the tenant, the 5
lessor fails to satisfy the tribunal that the lessor acted 6
reasonably in failing to comply with section 62(1) or (3), the 7
tribunal may make the order sought. 8
(5) If, on an application made to a tribunal by the lessor, the 9
tenant fails to satisfy the tribunal that the tenant acted 10
reasonably in failing to comply with section 62(2), the 11
tribunal may order the tenant to sign and return the relevant 12
document to the lessor by a stated day. 13
Subdivision 2 Associated documents 14
65 Condition report at start of tenancy 15
(1) This section applies to a lessor or lessor's agent if the terms of 16
the agreement are required to be in writing. 17
(2) The lessor or agent must on or before the day the tenant 18
occupies the premises under the agreement-- 19
(a) prepare, in the approved form, a condition report for the 20
premises and any inclusions; and 21
(b) sign the report; and 22
(c) give a copy of the report to the tenant. 23
Maximum penalty--20 penalty units. 24
(3) The tenant must, within 3 days after the tenant occupies the 25
premises under the agreement-- 26
(a) sign the copy; and 27
(b) if the tenant does not agree with the report--show the 28
parts of the report the tenant disagrees with by marking 29
the copy in an appropriate way; and 30
Page 53
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 1 Agreements
[s 66]
(c) return the copy to the lessor or agent. 1
Maximum penalty--20 penalty units. 2
(4) However, if the lessor or agent has not given a copy of the 3
report to the tenant before the tenant occupies the premises, 4
subsection (3) applies to the tenant as if a reference to 5
occupying the premises were a reference to receiving the 6
copy. 7
(5) If the tenant returns the copy of the report to the lessor or 8
agent under subsection (3), the lessor or agent must make a 9
copy of the report and return it to the tenant within 14 days. 10
Maximum penalty--20 penalty units. 11
(6) The lessor or agent must keep, at least until 1 year after the 12
agreement ends-- 13
(a) the signed copy of the report returned to the lessor or 14
agent by the tenant; or 15
(b) if the tenant does not return a signed copy--another 16
copy of the report. 17
Maximum penalty--20 penalty units. 18
66 Condition report at end of tenancy 19
(1) The tenant must-- 20
(a) prepare, in the approved form, a condition report for the 21
premises and any inclusions; and 22
(b) sign the report; and 23
(c) as soon as practicable after the agreement ends, give a 24
copy of the report to the lessor or lessor's agent. 25
(2) The lessor or agent must, within 3 business days after 26
receiving the copy of the report-- 27
(a) sign the copy; and 28
(b) if the lessor or agent does not agree with the 29
report--show the parts of the report the lessor or agent 30
Page 54
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 1 Agreements
[s 67]
disagrees with by marking the copy in an appropriate 1
way; and 2
(c) if the tenant has given a forwarding address to the lessor 3
or agent--make a copy of the report and return it to the 4
tenant at the address. 5
(3) The lessor or agent must keep a copy of the condition report 6
signed by both parties for at least 1 year after the agreement 7
ends. 8
67 Information statement 9
(1) The lessor or lessor's agent must give to the tenant, as 10
required by this section, a statement in the approved form 11
containing information for the benefit of the tenant. 12
Maximum penalty--10 penalty units. 13
(2) Without limiting subsection (1), the information may be 14
about-- 15
(a) the duties and entitlements of the lessor and tenant; and 16
(b) the procedures for resolving disputes under the 17
agreement (including conciliation processes); and 18
(c) entities to which issues about the agreement may be 19
referred. 20
(3) For an agreement that is not an agreement for a short tenancy 21
(moveable dwelling), the statement must be given to the 22
tenant on the earlier of the following-- 23
(a) when the written agreement is given to the tenant for 24
signing; 25
(b) the day the tenant becomes entitled to occupy the 26
premises under the agreement. 27
(4) For an agreement that is an agreement for a short tenancy 28
(moveable dwelling), the statement must be given to the 29
tenant when the tenancy commences. 30
Page 55
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 1 Agreements
[s 68]
68 Park rules 1
(1) This section applies only to moveable dwelling premises in a 2
moveable dwelling park. 3
(2) The lessor or lessor's agent must give to the tenant, as 4
required by this section-- 5
(a) a copy of the park rules; and 6
(b) if a park rule is changed--a copy of the rule as changed. 7
Maximum penalty--20 penalty units. 8
(3) The copy of the park rules must be given to the tenant-- 9
(a) if the tenancy is a long tenancy (moveable 10
dwelling)--when the agreement is given to the tenant 11
for signing; or 12
(b) if the tenancy is a short tenancy (moveable 13
dwelling)--at the start of the agreement. 14
(4) The copy of a park rule as changed must be given to the tenant 15
as soon as practicable after the change takes effect. 16
69 By-laws 17
If by-laws under the Body Corporate and Community 18
Management Act 1997 or Building Units and Group Titles Act 19
1980 are to apply to the occupation of premises by a tenant, 20
the lessor or lessor's agent must give the tenant a copy of the 21
relevant by-laws, when giving the written agreement to the 22
tenant for signing. 23
Maximum penalty--20 penalty units. 24
Subdivision 3 Fixed term agreements 25
70 Continuation of fixed term agreements 26
(1) This section applies to an agreement if-- 27
Page 56
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 1 Agreements
[s 71]
(a) it creates a residential tenancy for a fixed term; and 1
(b) none of the following notices is given, or agreements or 2
applications made before the day the term ends (the end 3
day)-- 4
(i) a notice to leave; 5
(ii) a notice of intention to leave; 6
(iii) an abandonment termination notice; 7
(iv) a notice, agreement or application relating to the 8
death of a sole tenant under section 277(7); 9
(v) a written agreement between the lessor and tenant 10
to end the agreement. 11
(2) After the end day, the agreement continues to apply-- 12
(a) on the same terms on which it applied immediately 13
before the end day (other than any term about the 14
agreement's term); and 15
(b) on the basis the tenant is holding over under a periodic 16
agreement. 17
(3) This section does not stop the lessor and tenant under an 18
agreement that creates a residential tenancy for a fixed term 19
from entering into another agreement with each other for a 20
tenancy of the premises starting at the end of the fixed term. 21
(4) This section does not apply to an agreement if the tenancy is a 22
short tenancy (moveable dwelling). 23
Note-- 24
An agreement ends in the circumstances stated in section 277. 25
71 Tenant may apply to tribunal about significant change in 26
subsequent agreement 27
(1) This section applies if-- 28
(a) an agreement (the existing agreement) between a lessor 29
and tenant creates a residential tenancy for premises; 30
and 31
Page 57
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 1 Agreements
[s 71]
(b) the lessor of the premises enters into a new agreement 1
with the tenant (the new agreement) for the premises 2
that starts after the end of the existing agreement; and 3
(c) the new agreement contains 1 or more significant 4
changes to the terms of the existing agreement; and 5
(d) at least 1 of the tenants mentioned in the existing 6
agreement is a tenant for the new agreement. 7
(2) Also, this section applies whether or not the lessor for the 8
existing agreement and the lessor for the new agreement are 9
the same person. 10
(3) If the tenant considers the significant change is unreasonable, 11
the tenant may apply to a tribunal for an order under this 12
section. 13
(4) The application must be made within 30 days after the tenant 14
enters into the new agreement. 15
(5) If the significant change relates to an increase in rent, the 16
tribunal may reduce the rent payable under the agreement. 17
(6) In deciding an application that relates to an increase in rent, 18
the tribunal must have regard to the following-- 19
(a) the range of market rents usually charged for 20
comparable premises; 21
(b) the proposed increased rent compared to the current 22
rent; 23
(c) the state of repair of the premises; 24
(d) the term of the tenancy; 25
(e) the period since the last rent increase (if any); 26
(f) anything else the tribunal considers relevant. 27
(7) If the significant change relates to a change other than an 28
increase in rent, the tribunal may make any order the tribunal 29
considers appropriate in the circumstances. 30
Page 58
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 1 Agreements
[s 71]
(8) In deciding an application that relates to a significant change 1
other that an increase in rent, the tribunal must have regard to 2
the following-- 3
(a) how long the tenant has occupied the relevant premises; 4
(b) the impact of the significant change on the tenant; 5
(c) the impact on the lessor of not allowing the significant 6
change; 7
(d) anything else the tribunal considers relevant. 8
(9) In addition to any order the tribunal may make under this 9
section, the tribunal may order that the new agreement is 10
taken to be altered as ordered by the tribunal. 11
(10) Subject to any order of the tribunal to the contrary, the terms 12
of the new agreement apply from the day it is entered into. 13
(11) This section does not apply to an increase in rent if-- 14
(a) the lessor is the chief executive of the department in 15
which the Housing Act 2003 is administered, acting on 16
behalf of the State; or 17
(b) the lessor is the State and the tenant is an officer or 18
employee of the State. 19
(12) In this section-- 20
significant change, to the terms of an existing agreement, 21
means a change to any of the following -- 22
(a) the special terms for the tenancy agreement for the 23
tenancy; 24
(b) the rent amount, and whether it must be paid weekly, 25
fortnightly or monthly; 26
(c) the way the rent must be paid; 27
(d) any services supplied to the premises, other than water, 28
for which the tenant must pay; 29
(e) whether the tenant must pay for water supplied to the 30
premises; 31
Page 59
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 1 Agreements
[s 72]
(f) the number of occupants allowed to reside in the 1
premises, if there is a limit on the number of occupants; 2
(g) whether pets are allowed; 3
(h) another matter prescribed under a regulation. 4
Division 2 Rooming accommodation 5
agreements 6
Subdivision 1 General provisions 7
72 Terms of agreement include obligations under Act etc. 8
The following are taken to be included as terms of a rooming 9
accommodation agreement between a provider and a 10
resident-- 11
(a) the obligations imposed on the provider and resident 12
under chapter 4, part 1; 13
(b) the house rules for the rental premises; 14
(c) the terms of any conciliation agreement in force about 15
the rooming accommodation agreement; 16
(d) other duties imposed on, or entitlements given to, the 17
provider or resident under this Act. 18
73 Standard terms 19
(1) A regulation may prescribe terms for inclusion in a rooming 20
accommodation agreement. 21
(2) The terms prescribed for this section are the standard terms of 22
a rooming accommodation agreement. 23
Editor's note-- 24
Under section 77(2), every rooming accommodation agreement must 25
include the standard terms. 26
Page 60
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 1 Agreements
[s 74]
74 Special terms 1
(1) The special terms of a rooming accommodation agreement 2
are the terms of the agreement that are not-- 3
(a) standard terms; or 4
(b) terms included in the agreement under section 72. 5
(2) The special terms may include, for example, terms about the 6
provision of a food service or a personal care service to the 7
resident. 8
75 Contracting out prohibited 9
(1) An agreement or arrangement is void to the extent to which it 10
purports to exclude, change or restrict the application or 11
operation of a provision of this Act about the terms of a 12
rooming accommodation agreement. 13
(2) A person must not enter into an agreement or arrangement 14
with the intention, either directly or indirectly, of defeating, 15
evading or preventing the operation of this Act. 16
Maximum penalty--50 penalty units. 17
(3) In this section-- 18
agreement includes an agreement that is not a rooming 19
accommodation agreement. 20
76 Inconsistency 21
(1) If a provision of this Act is inconsistent with a term of a 22
rooming accommodation agreement, the provision prevails 23
and the term is void to the extent of the inconsistency. 24
(2) If a standard term of a rooming accommodation agreement is 25
inconsistent with a special term of the agreement, the standard 26
term prevails and the special term is void to the extent of the 27
inconsistency. 28
Page 61
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 1 Agreements
[s 77]
77 Written agreement required 1
(1) A provider or provider's agent must ensure a rooming 2
accommodation agreement entered into with a resident is in 3
writing to the extent, and in the way, required by this section. 4
Maximum penalty--20 penalty units. 5
(2) The written agreement must include the standard terms, and 6
any special terms, for the agreement. 7
(3) If, for a standard term to be effective, the term requires stated 8
information to be included in it (including, for example, the 9
names of the parties and a description of the rental premises), 10
the agreement is taken to include the standard term only if the 11
information is properly included. 12
(4) The agreement must-- 13
(a) be written in a clear and precise way; and 14
(b) state the provider's name, address and any telephone 15
number and the resident's name and any telephone 16
number; and 17
(c) fully describe the services to be provided under the 18
agreement; and 19
(d) state the amount of rent payable, when it is payable and 20
how it must be paid; and 21
(e) state the components of the rent attributable to 22
accommodation, a food service, a personal care service 23
or another service; and 24
(f) state the amount of any rental bond payable; and 25
(g) for a fixed term agreement, state the term for which it 26
applies; and 27
(h) be signed by the parties; and 28
(i) comply with any other requirement prescribed under a 29
regulation. 30
(5) The costs of preparing the agreement are payable by the 31
provider. 32
Page 62
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 1 Agreements
[s 78]
78 Resident's copy of agreement 1
(1) The provider or provider's agent must give the document 2
prepared for section 77 to the resident for signing on or before 3
the day the resident occupies the room in rental premises 4
under the agreement. 5
Maximum penalty--20 penalty units. 6
(2) Within 3 days after receiving the document signed by the 7
resident, the provider or provider's agent must sign the 8
document and return a copy signed by both parties to the 9
resident. 10
Maximum penalty--10 penalty units. 11
79 Period provider or provider's agent must keep agreement 12
(1) The provider or providers's agent must keep a copy of the 13
agreement prepared for section 77 for a period of 1 year after 14
the term of agreement ends. 15
Maximum penalty--20 penalty units. 16
(2) Subsection (1) applies whether or not the agreement has been 17
signed by all the parties to the agreement. 18
Subdivision 2 Associated documents 19
80 Application of sdiv 2 20
This subdivision applies to the provider and resident under a 21
rooming accommodation agreement only if a rental bond is 22
payable, or has been paid, under the agreement. 23
81 Condition report at start of rooming accommodation 24
(1) The provider or provider's agent must on or before the day the 25
resident occupies a room in rental premises under the 26
agreement-- 27
Page 63
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 1 Agreements
[s 81]
(a) prepare, in the approved form, a condition report for the 1
room and the facilities in the room; and 2
(b) sign the report; and 3
(c) give a copy of the report to the resident. 4
Maximum penalty--20 penalty units. 5
(2) The resident must, within 3 days after the resident occupies 6
the room under the agreement-- 7
(a) sign the copy; and 8
(b) if the resident does not agree with the report--show the 9
parts of the report the resident disagrees with by 10
marking the copy in an appropriate way; and 11
(c) return the copy to the provider or provider's agent. 12
Maximum penalty--20 penalty units. 13
(3) However, if the provider or agent has not given a copy of the 14
report to the resident before the resident occupies the room, 15
subsection (2) applies to the resident as if a reference to 16
starting to occupy the room were a reference to receiving the 17
copy. 18
(4) If the resident returns the copy of the report to the provider or 19
agent under subsection (2), the provider or agent must make a 20
copy of the report and return it to the resident within 14 days. 21
Maximum penalty--20 penalty units. 22
(5) The provider or agent must keep, until at least 1 year after the 23
rooming accommodation agreement ends-- 24
(a) the signed copy of the report returned to the provider or 25
agent by the resident; or 26
(b) if the resident does not return a signed copy--another 27
copy of the report. 28
Maximum penalty--20 penalty units. 29
(6) In this section-- 30
Page 64
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 2 Rent
[s 82]
resident, in relation to rental premises, includes a person who 1
proposes to be a resident of the premises. 2
Subdivision 3 Fixed term agreements 3
82 Continuation of fixed term agreement 4
(1) This section applies to a rooming accommodation agreement 5
if-- 6
(a) under the agreement, accommodation is provided to the 7
resident for a fixed term; and 8
(b) neither the provider nor the resident gives the other 9
party a notice under chapter 5, part 2 ending the 10
agreement or agrees in writing with the other party to 11
end the agreement. 12
(2) The agreement continues to apply after the last day of the 13
term, as a periodic agreement, on the same terms on which it 14
applied immediately before the last day of the term, other than 15
the term about the fixed term. 16
(3) This section does not stop the provider and resident from 17
entering into another rooming accommodation agreement 18
starting at the end of the fixed term. 19
Part 2 Rent 20
Division 1 Residential tenancy agreements 21
83 How rent to be paid 22
(1) The tenant must pay the rent in an approved way. 23
Page 65
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 2 Rent
[s 84]
(2) If an approved way for payment of rent is stated in the 1
agreement, the tenant must pay the rent in the way stated. 2
(3) However, if, after signing the agreement-- 3
(a) the lessor or tenant gives to the other party a written 4
notice stating an approved way, or a different approved 5
way, as the way in which rent is required, or is proposed, 6
to be paid; and 7
(b) the other party agrees in writing (the rent agreement) to 8
payments of rent being made in the way stated; 9
the tenant must pay the rent in the way stated while the rent 10
agreement remains in force. 11
(4) Rent is paid in an approved way if it is paid by-- 12
(a) cash; or 13
(b) cheque; or 14
(c) deposit to a financial institution account nominated by 15
the lessor; or 16
(d) credit card; or 17
(e) an EFTPOS system; or 18
(f) deduction from pay, or a pension or other benefit, 19
payable to the tenant; or 20
(g) another way agreed on by the lessor and tenant. 21
84 Tenant must be given choices of approved ways for 22
payment of rent and be advised about associated costs 23
(1) This section applies to a lessor or lessor's agent that intends 24
to-- 25
(a) enter into an agreement with a tenant that provides for 26
the payment of rent by an approved way under section 27
83(4)(g); or 28
(b) change an approved way to a different approved way 29
under section 83(4)(g). 30
Page 66
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 2 Rent
[s 85]
(2) The lessor or lessor's agent must first give the tenant a written 1
notice that-- 2
(a) gives the tenant a choice of at least 2 other approved 3
ways for the payment of rent under section 83(4)(a) to 4
(f); and 5
(b) advises the tenant of the costs associated with the 6
approved way offered under section 83(4)(g)-- 7
(i) of which the tenant would not reasonably be 8
aware; and 9
(ii) that the lessor or lessor's agent knows or could 10
reasonably be expected to ascertain. 11
Maximum penalty--20 penalty units. 12
85 Where rent to be paid 13
(1) If the place for payment of rent is stated in an agreement, the 14
tenant must pay the rent at the place stated. 15
(2) However, if, after signing the agreement, the lessor gives the 16
tenant a written notice stating a place, or a different place, as 17
the place at which rent is required to be paid and the place is 18
reasonable, the tenant must pay the rent at the place stated in 19
the notice while the notice is in force. 20
(3) If the place for payment of rent is not stated, the tenant must 21
pay the rent at an appropriate place. 22
86 Payment of rent by electronic transaction 23
(1) This section applies-- 24
(a) if a tenant effects an electronic transaction to pay rent to 25
the account of the lessor or lessor's agent on a day; and 26
(b) does not take any action to defer the payment to the 27
lessor's or lessors agent's account to a later day. 28
(2) Payment is taken to be received by the lessor or lessor's agent 29
on the day the tenant effects the electronic transaction. 30
Page 67
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 2 Rent
[s 87]
(3) Subsection (2) applies even if, because of circumstances 1
beyond the tenant's control, the payment to the lessor's or 2
lessors agent's account happens on a later day. 3
Example-- 4
The tenant uses BPay to authorise payment of rent to be debited to the 5
tenant's account on a Wednesday. However, the financial institution, 6
because of its internal arrangements, does not actually debit the tenant's 7
account and credit the lessor's or lessors agent's account until the next 8
day. The rent payment is taken to have been received by the lessor or 9
lessor's agent on the Wednesday. 10
87 Rent in advance 11
(1) A lessor or lessor's agent must not require, as payment of rent 12
in advance under an agreement, more than-- 13
(a) for a periodic agreement or an agreement for moveable 14
dwelling premises--2 weeks rent; or 15
(b) for another agreement--1 month rent. 16
Maximum penalty--20 penalty units. 17
(2) A lessor or lessor's agent must not require a payment of rent 18
under an agreement in a period for which rent has already 19
been paid. 20
Maximum penalty--10 penalty units. 21
88 Receipts and other records 22
(1) If rent under an agreement is paid in cash, the person 23
receiving the payment must give a receipt as required by this 24
section. 25
Maximum penalty--10 penalty units. 26
(2) If rent under an agreement is paid by cheque, the person 27
receiving the payment must give a receipt, as required by this 28
section, if the person making the payment asks for a receipt 29
when making the payment. 30
Maximum penalty--10 penalty units. 31
Page 68
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 2 Rent
[s 88]
(3) A receipt must be signed by the person receiving the payment. 1
(4) A receipt must be given to the person making the payment-- 2
(a) if the payment is made by the person personally and in 3
cash--when the payment is made; or 4
(b) if the payment is made by the person in cash but not 5
personally--before the end of the next business day 6
after the day the payment is received; or 7
(c) if the payment is made by cheque--within 3 business 8
days after the day the payment is received. 9
(5) The lessor or lessor's agent must, for a payment of rent under 10
an agreement-- 11
(a) make a written record of the payment (the rent payment 12
record) as required by this section; and 13
(b) give a copy of the record to the tenant as required by this 14
section, if the tenant asks for it. 15
Maximum penalty--10 penalty units. 16
(6) Subsection (5) does not apply if the rent payment-- 17
(a) is made in cash; or 18
(b) is made by cheque and a receipt is given for the 19
payment. 20
(7) A copy of a rent payment record asked for by a tenant must be 21
given within 7 days after the request is made. 22
(8) A receipt or rent payment record must state-- 23
(a) the tenant's name; and 24
(b) the address of the premises; and 25
(c) the date the payment is received; and 26
(d) the period for which the payment is made; and 27
(e) the amount of the payment; and 28
(f) that the payment is a payment of rent. 29
Page 69
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 2 Rent
[s 89]
89 Keeping of records 1
(1) The lessor or lessor's agent must keep, for at least the required 2
period, for each payment of rent under the agreement-- 3
(a) if a receipt was required to be given for the payment--a 4
copy of the receipt, or another appropriate written 5
record of the payment; or 6
(b) if a receipt was not required to be given for the 7
payment--the rent payment record for the payment. 8
Maximum penalty--15 penalty units. 9
(2) For subsection (1), the required period is-- 10
(a) the period fixed under a regulation and ending more 11
than 1 year after the agreement ends; or 12
(b) if a period is not fixed under a regulation--the period 13
ending 1 year after the agreement ends. 14
90 False, misleading or incomplete rent records 15
(1) In this section-- 16
rent record means a receipt, rent payment record or another 17
record of a rent payment. 18
(2) A person must not-- 19
(a) in a rent record, make an entry the person knows is false 20
or misleading in a material particular; or 21
(b) fail to enter a material particular in a rent record, unless 22
the person does not know, and can not reasonably 23
obtain, the necessary information. 24
Maximum penalty--20 penalty units. 25
91 Rent increases 26
(1) This section applies to increases in rent for the following-- 27
(a) a periodic agreement; 28
Page 70
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 2 Rent
[s 91]
(b) a fixed term agreement, during the term of the 1
agreement. 2
(2) If the lessor proposes to increase the rent, the lessor must give 3
written notice of the proposal to the tenant in the way required 4
by this section. 5
(3) The notice must state-- 6
(a) the amount of the increased rent; and 7
(b) the day from when the increased rent is payable. 8
(4) The day stated must not be earlier than 2 months after the 9
notice is given. 10
(5) Subject to an order of a tribunal under section 92, the 11
increased rent is payable from the day stated in the notice, and 12
the agreement is taken to be amended accordingly. 13
(6) However, if the agreement is a fixed term agreement, the rent 14
may be increased before the term ends only if the 15
agreement-- 16
(a) provides for a rent increase; and 17
(b) states the amount of the increase or how the amount of 18
the increase is to be worked out. 19
(7) A rent increase is payable by the tenant only if the rent is 20
increased under this section. 21
(8) This section applies subject to section 93. 22
(9) This section does not apply if-- 23
(a) the lessor is the chief executive of the department in 24
which the Housing Act 2003 is administered, acting on 25
behalf of the State; or 26
(b) the lessor is the State and the tenant is an officer or 27
employee of the State. 28
Note-- 29
This section does not apply to an increase in rent from one fixed term 30
agreement to the next. 31
Page 71
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 2 Rent
[s 92]
92 Tenant's application to tribunal about rent increase 1
(1) If the lessor gives the tenant notice of a proposed rent increase 2
under section 91 and the tenant considers the increase is 3
excessive, the tenant may apply to a tribunal for an order 4
under this section. 5
(2) The application must be made-- 6
(a) within 30 days after the tenant receives the notice; and 7
(b) if the agreement is a fixed term agreement--before the 8
term of the agreement ends. 9
(3) The tribunal may make either of the following orders on an 10
application under this section-- 11
(a) an order reducing the amount of the proposed increase 12
of rent by a stated amount; 13
(b) an order setting aside the amount of the proposed 14
increase of rent. 15
(4) In deciding the application, the tribunal must have regard to 16
the following-- 17
(a) the range of market rents usually charged for 18
comparable premises; 19
(b) the proposed increased rent compared to the current 20
rent; 21
(c) the state of repair of the premises; 22
(d) the term of the tenancy; 23
(e) the period since the last rent increase (if any); 24
(f) anything else the tribunal considers relevant. 25
(5) Without limiting the tribunal's powers, the tribunal may make 26
an interim order about payment of the rent increase pending 27
its final decision on the application. 28
(6) This section does not apply if the lessor is the State and the 29
tenant is an officer or employee of the State. 30
Page 72
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 2 Rent
[s 93]
93 Minimum period before rent can be increased 1
(1) This section applies to rent (the existing rent) payable to a 2
lessor or lessor's agent by the tenant of premises under a 3
residential tenancy agreement. 4
(2) The lessor or lessor's agent must not increase the existing rent 5
less than 6 months since the date the existing rent became 6
payable by the tenant. 7
Maximum penalty--20 penalty units. 8
(3) Nothing prevents a lessor or lessor's agent from giving notice 9
of an increase in rent within 6 months since the last increase 10
provided the increase does not take effect until 6 months or 11
more since the last increase. 12
(4) This section applies whether the increase in the existing rent is 13
to take effect during an existing agreement or from one 14
agreement to the next. 15
(5) This section also applies-- 16
(a) if at least 1 of the tenants responsible for the existing 17
rent will be subject to the increase in rent; and 18
(b) whether or not the lessor who increases the rent is the 19
same person as the lessor who last increased the rent. 20
(6) This section does not apply if-- 21
(a) the lessor is the chief executive of the department in 22
which the Housing Act 2003 is administered, acting on 23
behalf of the State; or 24
(b) the lessor is the State and the tenant is an officer or 25
employee of the State. 26
94 Rent decreases 27
(1) This section applies if the premises-- 28
(a) are destroyed, or made completely or partly unfit to live 29
in, in a way that does not result from a breach of the 30
agreement; or 31
Page 73
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 2 Rent
[s 95]
(b) no longer may be used lawfully as a residence; or 1
(c) are appropriated or acquired compulsorily by an 2
authority. 3
(2) This section also applies if-- 4
(a) services, facilities or goods to be provided to the tenant 5
under the agreement are no longer available or are 6
withdrawn other than because the tenant failed to meet 7
the tenant's obligations under the agreement; or 8
(b) the amenity or standard of the premises decreases 9
substantially other than because of malicious damage 10
caused by the tenant. 11
(3) The rent payable under the agreement decreases accordingly 12
or, if an order for a decrease in the rent is made by a tribunal, 13
to the extent stated in the order. 14
(4) A tribunal may make an order for a rent decrease only if-- 15
(a) the tenant applies to the tribunal for the order; and 16
(b) if this section applies because of subsection (1)--the 17
premises are partly unfit to live in. 18
95 Seizure of tenant's goods for rent etc. 19
(1) A person must not seize or dispose of a tenant's goods as 20
security for, or in payment of any of the following-- 21
(a) rent payable under an agreement; 22
(b) an amount payable to the lessor, or at the lessor's 23
direction, by way of reimbursement for an amount 24
payable by the tenant under the agreement but paid by 25
the lessor for the tenant; 26
(c) a claim for loss or damage caused by the tenant's breach 27
of the agreement. 28
Maximum penalty--40 penalty units. 29
Page 74
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 2 Rent
[s 96]
(2) However, subsection (1) does not apply to the seizure or 1
disposal of goods under section 363 or an enforcement 2
warrant. 3
96 Rent payment must not be applied for any other purpose 4
(1) This section applies if the tenant pays an amount for rent to 5
the lessor or lessor's agent. 6
(2) The lessor or lessor's agent must not apply the amount to, or 7
use the amount for, any other purpose. 8
Maximum penalty--40 penalty units. 9
(3) An amount paid by the tenant for rent is taken to be payment 10
of rent even if the lessor or lessor's agent applies it to, or uses 11
it for, another purpose. 12
97 Apportionment 13
(1) The rent payable under an agreement accumulates from day to 14
day. 15
(2) On the ending of the agreement-- 16
(a) the rent is to be appropriately apportioned; and 17
(b) the appropriate amount is payable by or to the tenant. 18
(3) If there is a dispute between the lessor and tenant about the 19
amount payable, either party may apply to a tribunal and the 20
tribunal may make any order it considers appropriate about 21
the payment of an amount by or to the tenant. 22
Division 2 Rooming accommodation 23
agreements 24
98 How rent is to be paid 25
(1) The resident must pay the rent in an approved way. 26
Page 75
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 2 Rent
[s 99]
(2) If an approved way for payment of rent is stated in the 1
agreement, the resident must pay the rent in the way stated. 2
(3) However, if, after signing the agreement-- 3
(a) the provider or resident gives to the other party a written 4
notice stating an approved way, or a different approved 5
way, as the way in which rent is required, or is proposed, 6
to be paid; and 7
(b) the other party agrees in writing (the rent agreement) to 8
payments of rent being made in the way stated; 9
the resident must pay the rent in the way stated while the rent 10
agreement remains in force. 11
(4) Rent is paid in an approved way if it is paid by-- 12
(a) cash; or 13
(b) cheque; or 14
(c) deposit to a financial institution account nominated by 15
the provider; or 16
(d) credit card; or 17
(e) an EFTPOS system; or 18
(f) deduction from pay, or a pension or other benefit, 19
payable to the resident; or 20
(g) another way agreed on by the provider and resident. 21
99 Resident must be given choices of approved ways for 22
payment of rent and be advised about associated costs 23
(1) This section applies to a provider or provider's agent that 24
intends to-- 25
(a) enter into an agreement with a resident that provides for 26
the payment of rent by an approved way under section 27
98(4)(g); or 28
(b) change an approved way to a different approved way 29
under section 98(4)(g). 30
Page 76
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 2 Rent
[s 100]
(2) The provider or provider's agent must first give the resident a 1
written notice that-- 2
(a) gives the resident a choice of at least 2 other approved 3
ways for the payment of rent under section 98(4)(a) to 4
(f); and 5
(b) advises the resident of the costs associated with the 6
approved way offered under section 98(4)(g)-- 7
(i) of which the resident would not reasonably be 8
aware; and 9
(ii) that the provider or provider's agent knows or 10
could reasonably be expected to ascertain. 11
Maximum penalty--20 penalty units. 12
100 Where rent is to be paid 13
(1) If the place for payment of rent is stated in the agreement, the 14
resident must pay the rent at the place stated. 15
(2) However, if, after signing the agreement, the provider gives 16
the resident a written notice stating a place, or a different 17
place, as the place where rent is required to be paid and the 18
place is reasonable, the resident must pay the rent at the place 19
stated in the notice while the notice is in force. 20
(3) If the place for payment of rent is not stated, the resident must 21
pay the rent at an appropriate place. 22
101 Rent in advance 23
(1) A provider or provider's agent must not require a resident to 24
pay more than 2 weeks rent in advance. 25
Maximum penalty--20 penalty units. 26
(2) A provider or provider's agent must not require a payment of 27
rent under an agreement in a period for which rent has already 28
been paid. 29
Maximum penalty--10 penalty units. 30
Page 77
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 2 Rent
[s 102]
102 Receipts and other records 1
(1) If rent under an agreement is paid in cash, the person 2
receiving the payment must give a receipt as required by this 3
section. 4
Maximum penalty--10 penalty units. 5
(2) If rent under an agreement is paid by cheque, the person 6
receiving the payment must give a receipt, as required by this 7
section, if the person making the payment asks for a receipt 8
when making the payment. 9
Maximum penalty--10 penalty units. 10
(3) A receipt must be signed by the person receiving the payment. 11
(4) A receipt must be given to the person making the payment-- 12
(a) if the payment is made by the person personally and in 13
cash--when the payment is made; or 14
(b) if the payment is made by the person in cash but not 15
personally--before the end of the next business day 16
after the day the payment is received; or 17
(c) if the payment is made by cheque--within 3 business 18
days after the day the payment is received. 19
(5) The provider or provider's agent must, for a payment of rent 20
under an agreement-- 21
(a) make a written record of the payment (the rent payment 22
record) as required by this section; and 23
(b) give a copy of the record to the resident as required by 24
this section, if the resident asks for it. 25
Maximum penalty--10 penalty units. 26
(6) Subsection (5) does not apply if the rent payment-- 27
(a) is made in cash; or 28
(b) is made by cheque and a receipt is given for the 29
payment. 30
Page 78
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 2 Rent
[s 103]
(7) A copy of a rent payment record asked for by a resident must 1
be given within 7 days after the request is made. 2
(8) The receipt or rent payment record must state the following-- 3
(a) the resident's name; 4
(b) the address of the rental premises; 5
(c) the number of the resident's room or, if the room does 6
not have a number, another identifier for the room; 7
(d) the date the payment is received; 8
(e) the period for which the payment is made; 9
(f) the amount of the payment; 10
(g) that the payment is a payment of rent; 11
(h) the individual amounts for each of the following-- 12
(i) accommodation; 13
(ii) any food service; 14
(iii) any personal care service. 15
103 Keeping of records 16
(1) The provider or provider's agent must keep, for at least the 17
required period, for each payment of rent under the 18
agreement-- 19
(a) if a receipt was required to be given for the payment--a 20
copy of the receipt, or another appropriate written 21
record of the payment; or 22
(b) if a receipt was not required to be given for the 23
payment--the rent payment record for the payment. 24
Maximum penalty--15 penalty units. 25
(2) For subsection (1), the required period is-- 26
(a) the period fixed under a regulation and ending more 27
than 1 year after the agreement ends; or 28
Page 79
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 2 Rent
[s 104]
(b) if a period is not fixed under a regulation--the period 1
ending 1 year after the agreement ends. 2
104 False, misleading or incomplete rent records 3
(1) In this section-- 4
rent record means a receipt, rent payment record or another 5
record of a rent payment. 6
(2) A person must not-- 7
(a) in a rent record, make an entry the person knows is false 8
or misleading in a material particular; or 9
(b) fail to enter a material particular in a rent record, unless 10
the person does not know, and can not reasonably 11
obtain, the necessary information. 12
Maximum penalty--20 penalty units. 13
105 Rent increases 14
(1) This section applies if a provider proposes to increase the rent 15
payable by a resident under a rooming accommodation 16
agreement. 17
(2) The resident is not required to pay the increase unless it is 18
made under this section. 19
(3) The provider must give the resident a written notice stating-- 20
(a) the amount of the increased rent; and 21
(b) the day, not earlier than 4 weeks after the day the notice 22
is given, from which the increased rent is payable. 23
(4) Also, if the rooming accommodation agreement is for a fixed 24
term, the rent may not be increased before the term ends 25
unless-- 26
(a) the agreement provides for a rent increase; and 27
(b) the agreement states the amount of the increase or how 28
the amount of the increase is to be worked out; and 29
Page 80
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 2 Rent
[s 106]
(c) the increase is made under the agreement. 1
(5) Subsections (2) to (4) do not apply if the parties amend the 2
rooming accommodation agreement to provide for another 3
service to be provided by the provider to the resident and for 4
an increase in the rent in payment of the service. 5
106 Rent decreases for matters including loss of amenity or 6
service 7
(1) This section applies to a rooming accommodation agreement 8
if-- 9
(a) a resident's room or common areas become partly unfit 10
to live in, or their amenity or standard substantially 11
decreases, other than because of intentional or reckless 12
damage caused by the resident or a guest of the resident; 13
or 14
(b) a service provided to the resident under the agreement is 15
no longer available or is withdrawn, or the standard of 16
the service substantially decreases, other than because 17
the resident has not met the resident's obligations under 18
the agreement. 19
(2) The rent payable under the agreement decreases by the 20
amount, and from the time, agreed between the provider and 21
the resident. 22
(3) If the provider and the resident can not agree on the amount or 23
time for the decrease, either of them may apply to a tribunal 24
for an order decreasing the rent by a stated amount from a 25
stated time. 26
(4) On an application under this section a tribunal may make the 27
order it considers appropriate. 28
107 Rent decreases because of resident's absence 29
(1) This section applies to a rooming accommodation agreement 30
if either of the following is not provided to the resident 31
because of the resident's absence-- 32
Page 81
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 2 Rent
[s 108]
(a) a personal care service; 1
(b) a food service, but only if the resident is absent from the 2
rental premises for a continuous period of more than 2 3
weeks. 4
(2) The provider and the resident may agree to a reduction in rent 5
for the period of the absence. 6
(3) If the provider and the resident can not agree on a reduction in 7
rent for the period of the absence, the resident may apply to a 8
tribunal for an order decreasing the rent by a stated amount for 9
the period. 10
(4) On an application under this section a tribunal may make the 11
order it considers appropriate. 12
(5) Before making an order the tribunal must have regard to the 13
following-- 14
(a) any special term of the agreement in relation the matter; 15
(b) the reason for the absence; 16
(c) the length of the absence; 17
(d) whether the resident gave the provider notice of the 18
absence; 19
(e) whether the resident was able to give the provider notice 20
of the absence; 21
(f) if the resident gave the provider notice of the 22
absence--the length of the notice; 23
(g) the impact of any reduction of rent on the provider or 24
other residents. 25
108 Seizure of resident's goods for rent etc. 26
(1) A person must not seize or dispose of a resident's property as 27
security for, or in payment of, any of the following-- 28
(a) rent payable under the rooming accommodation 29
agreement; 30
Page 82
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 2 Rent
[s 109]
(b) an amount payable to the provider, or at the provider's 1
direction, in reimbursement of an amount that was 2
payable by the resident under the rooming 3
accommodation agreement but was paid by the provider 4
for the resident; 5
(c) a claim for loss or damage caused by the resident's 6
breach of the rooming accommodation agreement. 7
Maximum penalty--40 penalty units. 8
(2) However, subsection (1) does not apply to the deduction of an 9
amount under section 392(4) or the seizure or disposal of 10
property under section 393 or an enforcement warrant. 11
109 Apportionment 12
(1) The rent payable under an agreement accumulates from day to 13
day. 14
(2) On the ending of the agreement-- 15
(a) the rent is to be appropriately apportioned; and 16
(b) the appropriate amount is payable by or to the resident. 17
(3) If there is a dispute between the provider and resident about 18
the amount payable, either party may apply to a tribunal and 19
the tribunal may make any order it considers appropriate 20
about the payment of an amount by or to the resident. 21
Page 83
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 3 Rental bonds
[s 110]
Part 3 Rental bonds 1
Division 1 Application of part 2
110 Application of pt 3 3
(1) This part applies to rental bonds paid under residential 4
tenancy agreements and rooming accommodation agreements. 5
(2) In this part-- 6
(a) a reference to a lessor is taken to include a reference to a 7
provider; and 8
(b) a reference to a tenant is taken to include a reference to a 9
resident; and 10
(c) a reference to a cotenant is taken to include a reference 11
to a coresident; and 12
(d) a reference to an agreement is taken to include a 13
reference to a rooming accommodation agreement. 14
(3) However, subsection (2) does not apply to sections 112, 117, 15
118, 122, 139 and 148. 16
Division 2 Payments to authority 17
111 Meaning of rental bond 18
(1) A rental bond, for an agreement, is an amount-- 19
(a) paid by or for the tenant under the agreement; and 20
(b) intended to be available for the financial protection of 21
the lessor against the tenant breaching the agreement. 22
(2) However, a rental bond does not include rent paid in advance. 23
(3) In deciding whether an amount is a rental bond, it does not 24
matter-- 25
Page 84
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 3 Rental bonds
[s 112]
(a) when the amount is paid; or 1
(b) if the amount is paid directly to the authority; or 2
(c) to or by whom the amount is paid; or 3
(d) how the amount is described in the agreement or 4
arrangement about the payment of the amount. 5
(4) A rental bond includes a part of a rental bond. 6
112 Meaning of maximum rental bond 7
(1) A maximum rental bond, for a residential tenancy agreement, 8
is an amount equal to the rent payable under the agreement for 9
the period of-- 10
(a) for moveable dwelling premises-- 11
(i) if the tenancy is a long tenancy (moveable 12
dwelling) and electricity supplied to the premises 13
is supplied in the lessor's name and individually 14
metered--3 weeks; or 15
(ii) otherwise--2 weeks; or 16
(b) for other premises--4 weeks. 17
(2) A maximum rental bond, for a rooming accommodation 18
agreement, is an amount equal to the rent payable under the 19
agreement for the period of 4 weeks. 20
Editor's note-- 21
See section 146 for an offence of requiring or accepting more than the 22
maximum amount for a rental bond. 23
113 Contributor for a rental bond 24
(1) A person is a contributor for a rental bond-- 25
(a) if the person is the tenant and there are no cotenants; or 26
(b) if-- 27
(i) the person is a cotenant; and 28
Page 85
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 3 Rental bonds
[s 114]
(ii) the authority is satisfied the person is responsible 1
for payment of the bond or part of the bond. 2
(2) Without limiting subsection (1)(b)(ii), the authority may be 3
satisfied a person is responsible for payment of a rental bond 4
or part of a rental bond-- 5
(a) because the rental bond notice for the agreement 6
indicates the person paid the bond or contributed to 7
payment of the bond; or 8
(b) because a cotenant-- 9
(i) is shown on the rental bond notice for the 10
agreement to have paid the bond; and 11
(ii) has given the authority a written notice naming the 12
person as a contributor for the bond; or 13
(c) because a former cotenant-- 14
(i) is shown on the rental bond notice for the 15
agreement to have contributed to payment of the 16
bond; and 17
(ii) has given the authority a written notice naming the 18
person as a contributor for the bond in place of the 19
former cotenant. 20
114 Bond loan contributor 21
A person is a bond loan contributor if-- 22
(a) the person is a contributor for a rental bond; and 23
(b) the person is a cotenant; and 24
(c) the person's share of the bond was provided, in whole or 25
in part, by way of loan, by the department in which the 26
Housing Act 2003 is administered. 27
Page 86
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 3 Rental bonds
[s 115]
115 Share of a rental bond 1
(1) This section applies if there is more than 1 contributor for a 2
rental bond. 3
(2) If the authority is satisfied a contributor for a rental bond is 4
responsible for payment of a certain amount of the bond, that 5
amount is the contributor's share of the bond. 6
(3) The authority may assume 2 or more contributors for a rental 7
bond are responsible for payment of the bond, or part of the 8
bond, in equal shares if the authority-- 9
(a) is satisfied the contributors are responsible for payment 10
of the bond or that part of the bond; but 11
(b) has not been notified, by a rental bond notice or a 12
written notice from the contributors, of the amount for 13
which each of the contributors is responsible. 14
116 Duty to pay rental bond 15
(1) A person receiving a rental bond must, within 10 days of 16
receiving it-- 17
(a) pay it to the authority; and 18
(b) give the authority a notice, in the approved form, about 19
the rental bond. 20
Maximum penalty--40 penalty units. 21
(2) Subsection (1) does not apply to a person to whom section 22
117 or 118 applies. 23
117 Duty to pay rental bond instalments under residential 24
tenancy agreement 25
(1) This section applies to a lessor who-- 26
(a) receives financial or other assistance from the State to 27
supply rented accommodation to persons; and 28
(b) enters into a residential tenancy agreement using the 29
assistance; and 30
Page 87
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 3 Rental bonds
[s 118]
(c) receives from the tenant a number of rental bonds for the 1
agreement (the rental bond instalments). 2
(2) If the lessor or lessor's agent has received all the rental bond 3
instalments, the lessor or agent must, within 10 days after 4
receiving the last instalment-- 5
(a) pay the instalments to the authority; and 6
(b) give the authority a notice, in the approved form, about 7
the instalments. 8
Maximum penalty--40 penalty units. 9
(3) If the agreement ends before the lessor or agent receives all 10
the rental bond instalments, the lessor or agent must, within 11
10 days after the ending of the agreement-- 12
(a) pay the instalments received by the lessor or agent to the 13
authority; and 14
(b) give the authority a notice, in the approved form, about 15
the instalments. 16
Maximum penalty--40 penalty units. 17
118 Duty to pay rental bond instalments under rooming 18
accommodation agreement 19
(1) This section applies if the provider under a rooming 20
accommodation agreement receives from the resident a 21
number of rental bonds for the agreement (the rental bond 22
instalments). 23
(2) If the provider or provider's agent has received all the rental 24
bond instalments, the provider or agent must, within 10 days 25
after receiving the last instalment-- 26
(a) pay the instalments to the authority; and 27
(b) give the authority a notice, in the approved form, about 28
the instalments. 29
Maximum penalty--40 penalty units. 30
Page 88
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 3 Rental bonds
[s 119]
(3) If the agreement is ended before the provider or provider's 1
agent receives all the rental bond instalments, the provider or 2
agent must, within 10 days after the ending of the 3
agreement-- 4
(a) pay to the authority the instalments received by the 5
provider or agent; and 6
(b) give the authority a notice, in the approved form, about 7
the instalments. 8
Maximum penalty--40 penalty units. 9
(4) If, on the day that is 3 months after the provider or provider's 10
agent receives the first rental bond instalment, the agreement 11
has not ended and the provider or agent has not received all 12
the rental bond instalments, the provider or agent must-- 13
(a) within 10 days after that day-- 14
(i) pay to the authority the instalments received by the 15
provider or agent; and 16
(ii) give the authority a notice, in the approved form, 17
about the instalments; and 18
(b) for each instalment received after that day-- 19
(i) pay the instalment to the authority within 10 days 20
after receiving it; and 21
(ii) give the authority a notice, in the approved form, 22
about the instalment. 23
Maximum penalty--40 penalty units. 24
119 Duty to pay rental bond if financial protection given 25
(1) This section applies to a lessor under an agreement if-- 26
(a) financial protection against a breach of the agreement by 27
the tenant is given to the lessor (whether by a guarantee 28
or undertaking given by a financial institution or in 29
another way); and 30
Page 89
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 3 Rental bonds
[s 120]
(b) the financial protection is not given in the form of a 1
rental bond; and 2
(c) the maximum rental bond for the agreement is not paid. 3
(2) Within 10 days after the financial protection is given, the 4
lessor or lessor's agent must pay to the authority an amount 5
equal to-- 6
(a) the maximum rental bond for the agreement; or 7
(b) if a rental bond less than the maximum rental bond has 8
been paid--the difference between the maximum rental 9
bond and the amount of rental bond actually paid. 10
Maximum penalty--40 penalty units. 11
(3) An amount paid, or required to be paid, by the lessor or 12
lessor's agent under subsection (2) is taken to be a rental 13
bond. 14
120 Acknowledging receipt of rental bond 15
As soon as practicable after receiving a rental bond, the 16
authority must give separate written acknowledgements of the 17
receipt to the lessor and tenant. 18
121 No entitlement to interest 19
No one other than the authority has legal or beneficial 20
entitlement to an amount earned on the investment of a rental 21
bond held by the authority. 22
122 Continuance of rental bond 23
(1) This section applies if-- 24
(a) the authority holds a rental bond for a residential 25
tenancy agreement or a rooming accommodation 26
agreement; and 27
(b) the agreement ends; and 28
Page 90
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 3 Rental bonds
[s 123]
(c) either-- 1
(i) the tenant continues occupying the premises under 2
another agreement (the new agreement) with the 3
lessor; or 4
(ii) the resident continues occupying a room in the 5
rental premises under another agreement (also the 6
new agreement) with the provider; and 7
(d) the authority does not receive an application for 8
payment of the rental bond. 9
(2) The rental bond is taken to be a rental bond for the new 10
agreement. 11
Division 3 Payments by authority 12
Subdivision 1 Preliminary 13
123 Purpose of division 14
This division deals with the payment by the authority of rental 15
bonds held by it. 16
124 Making payment 17
The authority may pay a rental bond only under this division. 18
125 Application for payment 19
(1) An application to the authority for payment of a rental bond 20
must be made in the approved form. 21
(2) An application may only direct a payment to be made to the 22
lessor or a contributor for the bond. 23
Page 91
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 3 Rental bonds
[s 126]
Subdivision 2 Payment of bond if only 1 1
contributor 2
126 Application of sdiv 2 3
This subdivision applies to an application to the authority for 4
payment of a rental bond if there is only 1 contributor for the 5
bond. 6
127 Joint application by lessor and contributor 7
If the application is made jointly by the lessor and the 8
contributor, the authority must make each payment directed 9
by the application. 10
128 Application by lessor 11
(1) This section applies if the application is made by the lessor 12
only. 13
(2) If the application directs that a payment be made to the 14
contributor, the authority must make the payment. 15
(3) If the application directs that a payment be made to the 16
lessor-- 17
(a) section 136 applies to the directed payment; and 18
(b) the contributor is the interested person for the payment. 19
129 Application by contributor 20
(1) This section applies if the application is made by the 21
contributor only. 22
(2) If the application directs that a payment be made to the lessor, 23
the authority must make the payment. 24
(3) If the application directs that a payment be made to the 25
contributor-- 26
Page 92
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 3 Rental bonds
[s 130]
(a) section 136 applies to the directed payment; and 1
(b) the lessor is the interested person for the payment. 2
Subdivision 3 Payment of bond if more than 1 3
contributor 4
130 Application of sdiv 3 5
This subdivision applies to an application to the authority for 6
payment of a rental bond if there is more than 1 contributor 7
for the bond. 8
131 Joint application by lessor and every contributor 9
If the application is made jointly by the lessor and every 10
contributor, the authority must make each payment directed 11
by the application. 12
132 Joint application by lessor and some contributors 13
(1) This section applies if the application is made jointly by the 14
lessor and some, but not all, of the contributors. 15
(2) If there is only 1 non-applicant contributor and the application 16
directs that a payment be made to the non-applicant 17
contributor, the authority must make the payment. 18
(3) If the application directs that payments be made to all of the 19
contributors in the same proportions as their shares of the 20
bond, the authority must make the payments. 21
(4) If the application directs that each non-applicant contributor 22
be paid his or her entire share of the bond, the authority must 23
make those payments and any other payments directed by the 24
application. 25
(5) Otherwise-- 26
Page 93
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 3 Rental bonds
[s 133]
(a) section 136 applies to a payment directed by the 1
application; and 2
(b) each non-applicant contributor is an interested person 3
for the payment. 4
(6) In this section-- 5
non-applicant contributor means a contributor who is not an 6
applicant. 7
133 Application by lessor 8
(1) This section applies if the application is made by the lessor 9
only. 10
(2) If the application directs that payments be made to all of the 11
contributors in the same proportions as their shares of the 12
bond, the authority must make the payments. 13
(3) Otherwise-- 14
(a) section 136 applies to a payment directed by the 15
application; and 16
(b) each contributor is an interested person for the payment. 17
134 Application by every contributor 18
(1) This section applies if the application is made by every 19
contributor but not jointly with the lessor. 20
(2) If the application directs that a payment be made to the lessor, 21
the authority must make the payment. 22
(3) If the application directs that a payment be made to a 23
contributor-- 24
(a) section 136 applies to the directed payment; and 25
(b) the lessor is the interested person for the payment. 26
Page 94
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 3 Rental bonds
[s 135]
135 Application by some contributors 1
(1) This section applies if the application is made by some, but 2
not all, of the contributors and not jointly with the lessor. 3
(2) If the application directs that a payment be made to the 4
lessor-- 5
(a) section 136 applies to the directed payment; and 6
(b) each non-applicant contributor is an interested person 7
for the payment. 8
(3) If the application directs that a payment be made to a 9
contributor-- 10
(a) section 136 applies to the directed payment; and 11
(b) the lessor and each non-applicant contributor are 12
interested persons for the payment. 13
(4) In this section-- 14
non-applicant contributor means a contributor who is not an 15
applicant. 16
Subdivision 4 Other matters about payment 17
136 Payment for which notice must be given 18
(1) This section concerns a payment, directed by an application 19
for payment of a rental bond, mentioned in any of the 20
following provisions-- 21
(a) section 128(3); 22
(b) section 129(3); 23
(c) section 132(5); 24
(d) section 133(3); 25
(e) section 134(3); 26
(f) section 135(2) or (3). 27
Page 95
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 3 Rental bonds
[s 136]
(2) The authority must give written notice of the application to 1
the interested person or, if there is more than 1 interested 2
person, to each of them. 3
(3) If there is only 1 interested person, the authority must make 4
the directed payment-- 5
(a) if the interested person does not make a dispute 6
resolution request to the authority about the payment 7
within 14 days after notice is given under subsection (2); 8
or 9
(b) if a dispute resolution request under paragraph (a) is 10
made but is withdrawn; or 11
(c) if-- 12
(i) a dispute resolution request under paragraph (a) is 13
made; and 14
(ii) the conciliation process ends without a conciliated 15
resolution having been reached; and 16
(iii) the authority gives the interested person a written 17
notice about the ending of the conciliation process; 18
and 19
(iv) either-- 20
(A) the interested person does not apply to a 21
tribunal for an order about the payment, and 22
give the authority a written notice informing 23
it of the application, within 7 days after the 24
notice under subparagraph (iii) is given; or 25
(B) an application to a tribunal under 26
sub-subparagraph (A) is made but is 27
withdrawn. 28
(4) If there is more than 1 interested person, the authority must 29
make the directed payment-- 30
(a) if none of the interested persons makes a dispute 31
resolution request to the authority about the payment 32
Page 96
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 3 Rental bonds
[s 136]
within 14 days after notice is given under subsection (2); 1
or 2
(b) if 1 or more dispute resolution requests under paragraph 3
(a) are made but all are withdrawn; or 4
(c) if-- 5
(i) 1 or more dispute resolution requests under 6
paragraph (a) are made; and 7
(ii) the conciliation process ends without a conciliated 8
resolution having been reached; and 9
(iii) the authority gives the interested person or persons 10
who made the dispute resolution request a written 11
notice about the ending of the conciliation process; 12
and 13
(iv) either-- 14
(A) none of the interested persons applies to a 15
tribunal for an order about the payment, and 16
gives the authority a written notice informing 17
it of the application, within 7 days after the 18
notice under subparagraph (iii) is given; or 19
(B) 1 or more applications to a tribunal under 20
sub-subparagraph (A) are made but all are 21
withdrawn. 22
(5) An interested person may, within the 7 day period mentioned 23
in subsection (3)(c)(iv)(A) or (4)(c)(iv)(A), give the authority 24
a written application requesting it to extend the period by not 25
more than 3 days. 26
(6) The authority may grant an application under subsection (5) if 27
the authority considers there is a sufficient reason to extend 28
the period. 29
Examples of a sufficient reason-- 30
the interested person was ill during the 7 day period 31
the interested person did not receive the written notice because the mail 32
was affected by a natural disaster 33
Page 97
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 3 Rental bonds
[s 137]
(7) In this section-- 1
interested person, for a payment mentioned in a notice 2
provision, means a person stated in the provision to be an 3
interested person for the payment. 4
notice provision means a provision mentioned in subsection 5
(1). 6
137 Payment under tribunal order 7
(1) This section applies if-- 8
(a) a tribunal makes an order about payment of a rental 9
bond; and 10
(b) the authority is given a copy of the order. 11
(2) The authority must pay the rental bond in accordance with the 12
order. 13
138 Payment to rental bond supplier 14
(1) This section applies if-- 15
(a) a rental bond is payable to a contributor for the bond; 16
and 17
(b) the authority is satisfied a person paid the rental bond 18
direct to it as assistance to the contributor. 19
(2) The authority must pay the rental bond to the person instead 20
of the contributor. 21
139 Limitation affecting payment 22
(1) The authority must not pay a rental bond for a residential 23
tenancy agreement if it knows-- 24
(a) the lessor or tenant has given a notice to leave, or notice 25
of intention to leave, the premises and the handover day 26
for the notice has not arrived; or 27
Page 98
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 3 Rental bonds
[s 140]
(b) the lessor has given an abandonment termination notice 1
to the tenant and the agreement has not ended. 2
(2) Also, the authority must not pay a rental bond for a rooming 3
accommodation agreement if it knows-- 4
(a) the provider or resident has given a notice terminating 5
the rooming accommodation agreement on a stated day 6
and the stated day has not arrived; or 7
(b) the provider has given the resident a notice requiring the 8
resident to leave the rental premises by a stated day and 9
the stated day has not arrived. 10
(3) However, subsections (1) and (2) do not prevent the authority 11
making a payment it may make without giving notice to-- 12
(a) the lessor or tenant; or 13
(b) the provider or resident. 14
140 Withdrawal of application 15
(1) This section applies to an application to the authority for the 16
payment of a rental bond. 17
(2) If there is only 1 applicant and the application is withdrawn 18
before the authority makes a payment directed by it, the 19
authority must stop dealing with it. 20
(3) For an application with 2 or more applicants-- 21
(a) if all of the applicants withdraw before the authority 22
makes a payment directed by the application, the 23
authority must stop dealing with it; or 24
(b) if 1 or more, but not all, of the applicants withdraw 25
before the authority makes a payment directed by the 26
application, the authority must deal with it as an 27
application made by the remaining applicants. 28
Page 99
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 3 Rental bonds
[s 141]
141 Payment under person's direction 1
(1) This section applies if the authority is required to pay a rental 2
bond to a person. 3
(2) If payment is required to be made to the tenant, the authority 4
may make the payment to a person other than the tenant only 5
if, under a regulation, the person is taken to have contributed 6
to the rental bond. 7
(3) Subsection (2) is subject to section 138. 8
(4) Also, if the payment is required to be made to the lessor, the 9
authority may make the payment only to the lessor or the 10
lessor's agent. 11
Subdivision 5 Payment by authority in stated 12
circumstances if bond loan 13
contributor 14
142 Application of sdiv 5 15
This subdivision applies to an application to the authority for 16
payment of a rental bond if-- 17
(a) there is more than 1 contributor for the bond; and 18
(b) at least 1 of the contributors is a bond loan contributor; 19
and 20
(c) not all contributors are bond loan contributors; and 21
(d) the bond loan contributor's share is proportionally less 22
than the share of the other contributors having regard to 23
the initial contribution of each contributor; and 24
(e) the amount of the bond loan contributor's share is less 25
than the balance owing for the bond loan to the 26
department in which the Housing Act 2003 is 27
administered. 28
Page 100
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 3 Rental bonds
[s 143]
143 Chief executive taken to be interested person 1
If this subdivision applies, the chief executive of the 2
department in which the Housing Act 2003 is administered is 3
taken to be an interested person for payment of the rental 4
bond. 5
144 Sdivs 3 and 4 apply subject to this subdivision 6
(1) Subdivisions 3 and 4 apply subject to this subdivision. 7
(2) Without limiting subsection (1), if this subdivision applies-- 8
(a) the chief executive is taken to be an interested person for 9
subdivision 3, including section 131; and 10
(b) the application of section 136 is extended to include an 11
application for which the chief executive is taken to be 12
an interested person; and 13
(c) subdivision 4 applies with any modifications necessary 14
because the chief executive is taken to be an interested 15
person. 16
Division 4 Enforcement provisions 17
145 Receipt 18
(1) A person receiving a rental bond must give a receipt for the 19
rental bond as required by this section. 20
Maximum penalty--10 penalty units. 21
(2) The receipt must-- 22
(a) be given to the person paying the rental bond when the 23
rental bond is received; and 24
(b) be signed by the person receiving the rental bond. 25
(3) The receipt must state the following-- 26
(a) the name of the person receiving the rental bond; 27
Page 101
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 3 Rental bonds
[s 146]
(b) the tenant's name and, if the person receiving the bond 1
is not the lessor, the lessor's name; 2
(c) the address of the residential premises or rental premises 3
for which the bond is paid; 4
(d) the date the bond is received; 5
(e) the amount of the bond; 6
(f) if there are cotenants and the cotenants tell the person 7
receiving the bond the proportions in which the bond is 8
paid--the amount paid by each cotenant. 9
(4) The person giving the receipt must keep a copy of it for at 10
least 1 year after the agreement ends. 11
Maximum penalty--10 penalty units. 12
146 Payments above maximum amount 13
(1) A person must not require payment of, or accept, a rental bond 14
more than, or amounts as rental bond totalling more than-- 15
(a) if the lessor is the tenant's employer and gives the tenant 16
a rental subsidy--the amount fixed under subsection 17
(2); or 18
(b) otherwise--the maximum rental bond for the 19
agreement. 20
Maximum penalty--20 penalty units. 21
(2) For subsection (1)(a), the amount is the greater of the 22
following amounts-- 23
(a) $400; 24
(b) the maximum rental bond for the agreement. 25
(3) Subsection (1) does not apply if the weekly rent under the 26
agreement is more than the amount prescribed under a 27
regulation. 28
Page 102
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 3 Rental bonds
[s 147]
(4) For subsection (3), different amounts may be prescribed for 1
residential tenancy agreements and rooming accommodation 2
agreements. 3
147 Order for payment if guilty of offence 4
(1) If a person is found guilty of an offence against section 116, 5
117, 118 or 119, the court making the finding may order the 6
person to pay to the authority, within a stated time, an amount 7
equal to the rental bond. 8
(2) The court may make the order as well as imposing a penalty 9
for the offence. 10
(3) An amount ordered to be paid by a person may be recovered 11
by the authority as a debt owing to it by the person. 12
(4) Subsection (1) does not limit the court's powers under the 13
Penalties and Sentences Act 1992 or another law. 14
148 Order for return of bond if bond wrongfully taken 15
(1) This section applies if a lessor or lessor's agent is found guilty 16
of an offence against section 57(2). 17
(2) If the authority holds the bond, the authority must refund it-- 18
(a) if there is only 1 contributor--to that contributor; or 19
(b) if there is more than 1 contributor--to the contributors 20
in the shares in which they contributed. 21
(3) No part of the rental bond may be paid to, or claimed by, the 22
lessor or agent. 23
Division 5 Accounts and investments 24
149 Accounts 25
(1) The authority must keep-- 26
(a) a rental bond account; and 27
Page 103
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 3 Rental bonds
[s 150]
(b) a rental bond interest account. 1
(2) The accounts are in addition to other accounts the authority is 2
required or permitted to keep under this or another Act. 3
150 Rental bond account 4
(1) The authority must pay into the rental bond account all rental 5
bonds it receives under this Act. 6
(2) The authority may pay only the following amounts out of the 7
rental bond account-- 8
(a) amounts payable under division 3; 9
(b) amounts invested under the Statutory Bodies Financial 10
Arrangements Act 1982; 11
(c) amounts paid under section 151. 12
151 Unclaimed amounts in rental bond account 13
(1) This section applies if-- 14
(a) in order to make a payment out of the rental bond 15
account under section 150(2)(a), the authority draws a 16
cheque and gives it to the person entitled to the 17
payment; and 18
(b) the cheque is not presented for payment within 15 19
months after it is drawn; and 20
(c) it is at least 7 years since the cheque was drawn; and 21
(d) since the end of the time mentioned in paragraph (b), the 22
person has not received the amount and has not asked 23
the authority to be paid the amount. 24
(2) With the Minister's agreement, the authority may pay the 25
amount out of the rental bond account for-- 26
(a) a purpose mentioned in section 153(1)(a) to (d); or 27
Page 104
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 3 Rental bonds
[s 152]
(b) conducting a scheme, or helping another entity to 1
conduct a scheme, to provide housing or a related 2
service. 3
(3) This section does not affect the person's entitlement to be paid 4
the amount. 5
152 Rental bond interest account 6
(1) The authority must pay into the rental bond interest account 7
all amounts earned on investments or loans made by it. 8
(2) The authority may pay only the following amounts out of the 9
rental bond interest account-- 10
(a) amounts to meet the cost of performing its functions 11
under this Act; 12
(b) amounts invested under the Statutory Bodies Financial 13
Arrangements Act 1982; 14
(c) amounts paid out under another provision of this Act. 15
153 Other payments from rental bond interest account 16
(1) The authority may make payments from its rental bond 17
interest account (whether by way of grant or loan) for-- 18
(a) establishing or administering rental advisory services; 19
or 20
(b) establishing schemes for supplying residential 21
accommodation; or 22
(c) researching, or setting up projects about improving, 23
relationships between lessors and tenants; or 24
(d) facilitating the resolution of disputes about agreements 25
by tribunals. 26
(2) However, the authority may make a payment under 27
subsection (1) only with the Minister's agreement. 28
Page 105
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 3 Rental bonds
[s 154]
Division 6 Miscellaneous 1
154 Increase in rental bond 2
The tenant must increase a rental bond if-- 3
(a) the rent payable under the agreement increases; and 4
(b) the lessor gives written notice to the tenant to increase 5
the rental bond; and 6
(c) the notice is given at least 11 months after-- 7
(i) the agreement started; or 8
(ii) if the rental bond has been increased previously 9
following the giving of a notice under this 10
section--the day stated in the notice, or the last 11
notice, for making the increase; and 12
(d) the notice states the day by which the increase must be 13
made; and 14
(e) the day stated is at least 1 month after the tenant is given 15
the notice about the increase. 16
155 Rental bond resulting from rent decrease 17
(1) This section applies if, in the first 6 months of the term of an 18
agreement, the rent payable under the agreement decreases or 19
is decreased. 20
(2) The amount paid as rent in the 6 month period above the 21
amount that would have been payable if the lower, or lowest, 22
amount of rent payable in the period had applied for the full 23
period is, subject to an order of a tribunal, taken to be a 24
payment of a rental bond. 25
(3) If the lessor disputes the amount being treated as a rental 26
bond, the lessor may, within 7 days after the end of the 6 27
month period, apply to a tribunal and the tribunal may make 28
an order declaring the amount, or a part of the amount, is, or is 29
not, a rental bond. 30
Page 106
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 4 Key and holding deposits for residential tenancies
[s 156]
(4) If, because of subsection (2), a rental bond above the 1
maximum rental bond is paid, the authority must pay the 2
amount to the tenant on payment of the excess amount to it. 3
Part 4 Key and holding deposits for 4
residential tenancies 5
Division 1 Key deposits 6
156 Payment of key deposits 7
A person may require a prospective tenant to pay an amount 8
as a deposit for a key (a key deposit) to enable the prospective 9
tenant to enter and inspect the premises to which the proposed 10
tenancy relates. 11
157 Receipts for key deposits 12
(1) A person receiving a key deposit must give a receipt for the 13
deposit as required by this section. 14
Maximum penalty--10 penalty units. 15
(2) The receipt must-- 16
(a) be given to the person paying the deposit when the 17
deposit is received; and 18
(b) be signed by the person receiving the deposit. 19
(3) The receipt must state the following-- 20
(a) the name of the person receiving the deposit; 21
(b) the name of the person paying the deposit; 22
(c) the address of the premises for which the key is given; 23
(d) the date the deposit is received; 24
Page 107
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 4 Key and holding deposits for residential tenancies
[s 158]
(e) the amount of the deposit; 1
(f) that the amount is a key deposit; 2
(g) when the key is to be returned. 3
158 Refunding key deposit 4
A person who receives a key deposit from a prospective tenant 5
must refund the deposit in full when the key is returned to the 6
person, whether or not the prospective tenant enters into a 7
residential tenancy agreement for the relevant premises. 8
Maximum penalty--10 penalty units. 9
Division 2 Holding deposits 10
159 Payment of holding deposits 11
(1) A person may require a prospective tenant to pay, or accept 12
from a prospective tenant, a holding deposit for a tenancy of 13
premises. 14
(2) However, a person must not do either of the following during 15
the option period relating to the payment of a holding deposit 16
by a prospective tenant for the same premises-- 17
(a) require another prospective tenant to pay a holding 18
deposit; 19
(b) accept a holding deposit from another prospective 20
tenant. 21
Maximum penalty--20 penalty units. 22
(3) In this section-- 23
option period, for an option created by the payment of a 24
holding deposit, means-- 25
(a) the period stated in the receipt for the payment as the 26
period in which the option may be exercised; or 27
Page 108
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 4 Key and holding deposits for residential tenancies
[s 160]
(b) if a period is not stated--the period ending 48 hours 1
after the receipt is given. 2
160 Receipts for holding deposits 3
(1) A person receiving a holding deposit must give a receipt for 4
the deposit as required by this section. 5
Maximum penalty--10 penalty units. 6
(2) The receipt must-- 7
(a) be given to the person paying the deposit when the 8
deposit is received; and 9
(b) be signed by the person receiving the deposit. 10
(3) The receipt must state the following-- 11
(a) the name of the person receiving the deposit; 12
(b) the tenant's name and, if the person receiving the 13
deposit is not the lessor, the lessor's name; 14
(c) the address of the premises for which the deposit is paid; 15
(d) the date the deposit is received; 16
(e) the amount of the deposit; 17
(f) that the payment is a holding deposit; 18
(g) when the option to enter into an agreement may be 19
exercised. 20
161 Rights and obligations about holding deposits 21
(1) A holding deposit paid to or for a prospective lessor of 22
residential premises is forfeited to the prospective lessor if-- 23
(a) the prospective tenant does not, within the option 24
period-- 25
(i) exercise the option to enter into an agreement for 26
the premises; or 27
Page 109
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 4 Key and holding deposits for residential tenancies
[s 162]
(ii) notify the prospective lessor of the intention not to 1
exercise the option; or 2
(b) having exercised the option, the prospective tenant fails 3
to take all necessary and reasonable steps to enter into 4
the agreement. 5
(2) If the holding deposit is not forfeited but the agreement is not 6
entered into, the prospective lessor must refund the deposit to 7
the prospective tenant within 3 days after the prospective 8
tenant notifies the prospective lessor of the intention not to 9
exercise the option. 10
(3) If the holding deposit is not refunded, it may be recovered by 11
the prospective tenant as a debt owing by the prospective 12
lessor to the tenant. 13
(4) If the prospective tenant exercises the option, the prospective 14
lessor or prospective lessor's agent must take all necessary 15
and reasonable steps to ensure the prospective lessor enters 16
into the agreement. 17
Maximum penalty--20 penalty units. 18
(5) If the agreement is entered into-- 19
(a) the holding deposit must be applied in full or part 20
payment of the rental bond for the agreement; and 21
(b) if an amount remains from the deposit after payment of 22
the rental bond--the amount must be applied in 23
payment of rent. 24
(6) Sections 24 and 25 apply to this section as if a reference in the 25
sections to the lessor were a reference to the prospective 26
lessor. 27
162 Orders of tribunal 28
If an application is made to a tribunal by a person by or to 29
whom a holding deposit is paid, the tribunal may make any 30
order it considers appropriate about the forfeiture, refunding 31
or application of the deposit. 32
Page 110
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 5 Outgoings of lessor or provider
[s 163]
Part 5 Outgoings of lessor or provider 1
Division 1 Residential tenancy agreements 2
Subdivision 1 Outgoings other than service 3
charges 4
163 Outgoings other than service charges 5
(1) The lessor must pay all charges, levies, premiums, rates or 6
taxes payable for the premises. 7
(2) This section does not apply if-- 8
(a) the lessor is the State; and 9
(b) rent is not payable under the agreement; and 10
(c) the tenant is an entity receiving financial or other 11
assistance from the State to supply rented 12
accommodation to persons. 13
Subdivision 2 Service charges 14
164 Meaning of service charge 15
(1) For premises that are not moveable dwelling premises in a 16
moveable dwelling park, a service charge is a charge payable 17
by a person as owner or occupier of premises for-- 18
(a) electricity, gas or water supplied to the premises; or 19
(b) another service or facility, prescribed under a regulation, 20
supplied to, or used at, the premises. 21
(2) For premises that are not moveable dwelling premises in a 22
moveable dwelling park, a service charge also includes an 23
amount payable by a person for water fit for human 24
Page 111
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 5 Outgoings of lessor or provider
[s 165]
consumption supplied to the premises by delivery by means of 1
a vehicle. 2
(3) For premises that are moveable dwelling premises in a 3
moveable dwelling park, a service charge is a charge payable 4
by a person as owner or occupier of premises for-- 5
(a) electricity, gas or water, or a sewerage service, supplied 6
to, or used at, the premises or park; or 7
(b) another service or facility, prescribed under a regulation, 8
supplied to, or used at, the premises or park. 9
165 General service charges for premises other than 10
moveable dwelling premises 11
(1) This section applies to premises that are not moveable 12
dwelling premises if the tenant is required to pay an amount 13
for the lessor's outgoings for a general service charge for the 14
premises because the tenant is enjoying or sharing the benefit 15
of the relevant service or facility. 16
(2) If the premises are not individually metered for the service or 17
facility, the tenant may be required to pay an amount for the 18
outgoings only if the agreement states-- 19
(a) the service or facility for which the outgoings are 20
payable; and 21
(b) how the apportionment of the outgoings to the tenant 22
will be worked out; and 23
(c) how the outgoings may be recovered by the lessor from 24
the tenant. 25
(3) The tenant may not be required to pay an amount for the 26
outgoings that is more than-- 27
(a) if the premises are not individually metered--the 28
amount worked out under the agreement; or 29
(b) if the premises are individually metered and-- 30
Page 112
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 5 Outgoings of lessor or provider
[s 166]
(i) a way for working out the amount payable by the 1
tenant is prescribed under a regulation--the 2
amount worked out in the way prescribed; or 3
(ii) a way is not prescribed--the amount charged by 4
the relevant supply authority for the quantity of the 5
thing, or the service or facility, supplied to, or used 6
at, the premises. 7
166 Water service charges for premises other than moveable 8
dwelling premises 9
(1) This section applies to premises that are not moveable 10
dwelling premises. 11
(2) The tenant may be required to pay an amount for the water 12
consumption charges for the premises only if-- 13
(a) the tenant is enjoying or sharing the benefit of a water 14
service to the premises; and 15
(b) the premises are individually metered for the supply of 16
water or water is supplied to the premises by delivery by 17
means of a vehicle; and 18
(c) the agreement states that an amount for the water 19
consumption charges for the premises is payable by the 20
tenant. 21
(3) The tenant may be required to pay an amount for all of the 22
water consumption charges payable for the premises for a 23
period only if, during the period, the premises are water 24
efficient. 25
(4) If during a period the premises are not water efficient, the 26
tenant may only be required to pay an amount for the water 27
consumption charges payable for the premises for the period 28
that is more than an amount payable for a reasonable quantity 29
of water supplied to the premises. 30
(5) Without limiting subsection (4), in deciding what is a 31
reasonable quantity of water for subsection (4), regard must 32
be had to the matters mentioned in section 169(4)(a) to (e). 33
Page 113
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 5 Outgoings of lessor or provider
[s 167]
(6) Despite subsections (2) to (5), the tenant may not, for a 1
period, be required to pay an amount for water consumption 2
charges for the premises that is more than the amount of the 3
water consumption charges payable to the relevant water 4
supplier. 5
(7) Also, the tenant may not be required to pay an amount of the 6
water service charges payable for the premises for a fixed 7
charge for the water service to the premises. 8
(8) For this section, premises are water efficient only if they 9
comply with the water efficiency requirements prescribed 10
under a regulation. 11
(9) In this section-- 12
water consumption charge, for premises, means the variable 13
part of a water service charge assessed on the volume of water 14
supplied to the premises. 15
167 Service charges for moveable dwelling premises 16
individually metered 17
(1) This section applies to moveable dwelling premises if the 18
tenant is required to pay an amount for the lessor's outgoings 19
for a service charge for the premises because the tenant is 20
enjoying or sharing the benefit of the relevant service or 21
facility. 22
(2) The tenant may be required to pay an amount for the 23
outgoings only if the premises are individually metered for the 24
service or facility. 25
(3) The tenant must not be required to pay an amount for the 26
outgoings that is more than-- 27
(a) if a way for working out the amount payable by the 28
tenant is prescribed under a regulation--the amount 29
worked out in the way prescribed; or 30
(b) if a way is not prescribed--the amount charged by the 31
relevant supply authority for the quantity of the thing, or 32
Page 114
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 5 Outgoings of lessor or provider
[s 168]
the service or facility, supplied to, or used at, the 1
premises. 2
168 Service charges absorbed in rent for moveable dwelling 3
premises 4
(1) This section applies to moveable dwelling premises if the 5
tenant is not required to pay an amount for the lessor's 6
outgoings for a service charge for the premises, even though 7
the tenant is enjoying or sharing the benefit of the relevant 8
service or facility. 9
(2) If-- 10
(a) a service or facility becomes unavailable for use by the 11
tenant because of action taken by the lessor; and 12
(b) it is a service or facility for which an amount of rent is 13
attributable; 14
reduced rent is payable under the agreement from the day the 15
service or facility ceases to be available, and the agreement is 16
taken to be amended accordingly. 17
(3) The reduced rent is the amount of rent payable under the 18
agreement immediately before the service or facility became 19
unavailable, reduced by-- 20
(a) the amount agreed on by the lessor and tenant as 21
reflecting the amount of rent attributable to the service 22
or facility; or 23
(b) if they do not agree on an amount--the amount decided 24
by a tribunal as reflecting the amount of rent attributable 25
to the service or facility. 26
(4) If the tenant asks the lessor for details of the amount of the 27
rent attributable to service charges for the premises, the lessor 28
must give the tenant a written statement showing-- 29
(a) each service or facility for which an amount of rent is 30
attributable; and 31
(b) the amount attributed to the service or facility. 32
Page 115
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 5 Outgoings of lessor or provider
[s 169]
169 Orders of tribunal 1
(1) This section applies if the lessor and tenant do not agree 2
about-- 3
(a) the amount of the lessor's outgoings for a service charge 4
payable by the tenant; or 5
(b) the amount of the reduced rent payable under the 6
agreement because a service or facility ceases to be 7
available for use by the tenant. 8
(2) Either party may apply to a tribunal for a decision about the 9
amount payable. 10
(3) For an application about outgoings, the tribunal may, in 11
addition to deciding the amount of the outgoings payable by 12
the tenant, make an order requiring payment of the amount by 13
the tenant. 14
(4) In deciding an amount payable by a tenant for outgoings for a 15
water service charge, the tribunal must have regard to the 16
following-- 17
(a) relevant available information about water usage and 18
charges for premises in the local government area in 19
which the relevant premises are situated; 20
(b) the area of the relevant land; 21
(c) any terms of the agreement affecting the amount of 22
water used; 23
(d) the presence or absence of water saving devices in the 24
premises; 25
(e) the number of persons occupying the premises; 26
(f) the quantity of water for which the lessor should 27
reasonably be liable; 28
(g) anything else the tribunal considers relevant. 29
(5) For an application about reduced rent, the tribunal may, as 30
well as deciding the amount of the reduced rent payable under 31
Page 116
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 5 Outgoings of lessor or provider
[s 170]
the agreement, make any order it considers appropriate about 1
rent paid, or payable, under the agreement. 2
Division 2 Rooming accommodation 3
agreements 4
170 Charge for utility service 5
(1) This section applies to the amounts payable by a provider, as 6
the owner or occupier of rental premises, for utility services 7
provided to the premises. 8
(2) A provision of a rooming accommodation agreement 9
requiring the resident to pay an amount for a utility service is 10
of no effect unless-- 11
(a) the resident's room is separately metered for the utility 12
service by an appliance approved by the supplying 13
entity; and 14
(b) the amount the resident is required to pay is not more 15
than the amount that the provider is charged by the 16
supplying entity for the utility service used by the 17
resident. 18
(3) In this section-- 19
utility service, provided to premises, means-- 20
(a) electricity, gas or water supplied to the premises; or 21
(b) water fit for human consumption supplied to the 22
premises by delivery by means of a vehicle; or 23
(c) another service supplied to the premises, or facility used 24
at the premises, prescribed under a regulation. 25
Page 117
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 6 Penalties and premiums for residential tenancy agreements and rooming
accommodation agreements
[s 171]
Part 6 Penalties and premiums for 1
residential tenancy agreements 2
and rooming accommodation 3
agreements 4
Division 1 Residential tenancy agreements 5
171 Supply of goods and services 6
(1) A person (the proposer) must not require another person (the 7
prospective tenant) to agree to buy goods or services from the 8
proposer or someone else as a condition of the prospective 9
tenant being accepted as the tenant under an agreement. 10
Maximum penalty--20 penalty units. 11
(2) The lessor or lessor's agent must not require the tenant to buy 12
goods or services from the lessor, the lessor's agent or a 13
person nominated by the lessor or agent (the nominated 14
supplier). 15
Maximum penalty--20 penalty units. 16
(3) This section does not apply to a requirement about a service 17
charge. 18
172 Incentive amounts prohibited 19
The lessor or lessor's agent must not ask for or receive from 20
the tenant or anyone else an amount for entering into, 21
extending or continuing the agreement, other than an amount 22
for rent, a rental bond, or other amount required or permitted 23
to be paid under this Act. 24
Maximum penalty--40 penalty units. 25
Page 118
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 6 Penalties and premiums for residential tenancy agreements and rooming
accommodation agreements
[s 173]
173 Certain terms about penalties and other payments void 1
(1) A term of an agreement is void to the extent it provides that, if 2
the tenant breaches the agreement or this or another Act, the 3
tenant is liable to pay-- 4
(a) all or a part of the rent remaining payable under the 5
agreement; or 6
(b) increased rent; or 7
(c) an amount as a penalty; or 8
(d) an amount as liquidated damages. 9
(2) Despite subsection (1), a term of a fixed term agreement is not 10
void to the extent it provides that, if the tenant terminates the 11
agreement other than in a way permitted under this Act, the 12
tenant is liable to pay the reasonable costs incurred by the 13
lessor in reletting the premises. 14
(3) Subsection (2) applies to a term only if the only reference in 15
the term to the amount payable by the tenant is a reference to 16
the reasonable costs incurred by the lessor in reletting the 17
premises. 18
(4) The term must not include an amount, or a way of calculating 19
the amount, payable by the tenant. 20
(5) A lessor or lessor's agent must not require a tenant to enter 21
into an agreement containing a term that is void under 22
subsection (1). 23
Maximum penalty for subsection (5)--20 penalty units. 24
174 Terms about rent reductions etc. 25
(1) This section applies to a term of an agreement providing that, 26
if the tenant does not breach the agreement or this or another 27
Act-- 28
(a) the rent will, or may be, reduced; or 29
(b) the tenant will, or may be, given or paid a rebate or 30
refund of rent or other benefit. 31
Page 119
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 6 Penalties and premiums for residential tenancy agreements and rooming
accommodation agreements
[s 175]
(2) However, this section does not apply to a term of a residential 1
tenancy agreement providing only that, if the tenant pays the 2
rent before or when it is payable-- 3
(a) the rent will, or may be, reduced; or 4
(b) the tenant will, or may be, given or paid a rebate or 5
refund of rent or other benefit. 6
(3) A term to which this section applies is taken to be varied so 7
that the tenant is entitled immediately to the reduction, rebate, 8
refund or other benefit. 9
(4) A variation is taken to be made on the commencement of the 10
agreement, or the application of this section to the agreement, 11
whichever happens later. 12
(5) In this section-- 13
term includes part of a term. 14
175 Premiums for letting moveable dwelling premises 15
(1) This section applies only to moveable dwelling premises in a 16
moveable dwelling park. 17
(2) A person must not require someone else to pay, or accept 18
from someone else an amount-- 19
(a) for accepting the other person as a tenant under a long 20
tenancy (moveable dwelling); and 21
(b) for which the other person does not receive a benefit as 22
tenant. 23
Maximum penalty--20 penalty units. 24
Page 120
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 6 Penalties and premiums for residential tenancy agreements and rooming
accommodation agreements
[s 176]
Division 2 Rooming accommodation 1
agreements 2
176 Supply of goods and services 3
(1) A person (the proposer) must not require another person (the 4
prospective resident) to agree to buy goods or services from 5
the proposer or someone else as a condition of the prospective 6
resident being accepted as the resident under an agreement. 7
Maximum penalty--20 penalty units. 8
(2) The provider or provider's agent must not require the resident 9
to buy goods or services from the provider, the provider's 10
agent or a person nominated by the provider or agent (the 11
nominated supplier). 12
Maximum penalty--20 penalty units. 13
(3) This section does not apply to a requirement about a utility 14
service. 15
(4) In this section-- 16
utility service, provided to premises, means-- 17
(a) electricity, gas or water supplied to the premises; or 18
(b) water fit for human consumption supplied to the 19
premises by delivery by means of a vehicle; or 20
(c) another service supplied to the premises, or facility used 21
at the premises, prescribed under a regulation. 22
177 Incentive amounts prohibited 23
The provider or provider's agent must not ask for or receive 24
from the resident or anyone else an amount for entering into, 25
extending or continuing the agreement, other than an amount 26
for rent, a rental bond, or other amount required or permitted 27
to be paid under this Act. 28
Maximum penalty--40 penalty units. 29
Page 121
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 6 Penalties and premiums for residential tenancy agreements and rooming
accommodation agreements
[s 178]
178 Certain terms about penalties and other payments void 1
(1) A term of an agreement is void to the extent it provides that, if 2
the resident breaches the agreement or this or another Act, the 3
resident is liable to pay-- 4
(a) all or a part of the rent remaining payable under the 5
agreement; or 6
(b) increased rent; or 7
(c) an amount as a penalty; or 8
(d) an amount as liquidated damages. 9
(2) Despite subsection (1), a term of a fixed term agreement is not 10
void to the extent it provides that, if the resident terminates 11
the agreement other than in a way permitted under this Act, 12
the resident is liable to pay the reasonable costs incurred by 13
the provider in reletting the resident's room. 14
(3) Subsection (2) applies to a term only if the only reference in 15
the term to the amount payable by the resident is a reference 16
to the reasonable costs incurred by the provider in reletting the 17
resident's room. 18
(4) The term must not include an amount, or a way of calculating 19
the amount, payable by the resident. 20
(5) A provider or provider's agent must not require a resident to 21
enter into an agreement containing a term that is void under 22
subsection (1). 23
Maximum penalty for subsection (5)--20 penalty units. 24
179 Terms about rent reductions etc. 25
(1) This section applies to a term of an agreement providing that, 26
if the resident does not breach the agreement or this or another 27
Act-- 28
(a) the rent will, or may be, reduced; or 29
(b) the resident will, or may be, given or paid a rebate or 30
refund of rent or other benefit. 31
Page 122
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 2 Residential tenancy agreements and rooming accommodation agreements
Part 7 Tenancy guarantees
[s 180]
(2) However, this section does not apply to a term of a residential 1
tenancy agreement providing only that, if the resident pays the 2
rent before or when it is payable-- 3
(a) the rent will, or may be, reduced; or 4
(b) the resident will, or may be, given or paid a rebate or 5
refund of rent or other benefit. 6
(3) A term to which this section applies is taken to be varied so 7
that the resident is entitled immediately to the reduction, 8
rebate, refund or other benefit. 9
(4) A variation is taken to be made on the commencement of the 10
agreement, or the application of this section to the agreement, 11
whichever happens later. 12
(5) In this section-- 13
term includes part of a term. 14
Part 7 Tenancy guarantees 15
180 Tenancy guarantees 16
(1) A tenancy guarantee, for a residential tenancy agreement 17
between a lessor and tenant, is an undertaking by the 18
department to pay up to a stated amount to the lessor if-- 19
(a) loss or expense is incurred by the lessor because of a 20
breach of the agreement by the tenant; and 21
(b) the amount of any rental bond provided by the tenant is 22
not sufficient to cover the amount owing to the lessor for 23
the breach. 24
(2) A tenancy guarantee is not-- 25
(a) a rental bond; or 26
(b) financial protection under section 119; or 27
Page 123
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 1 Occupation and use of the premises
[s 181]
(c) an amount for entering into, extending or continuing an 1
agreement under section 172. 2
Chapter 3 Rights and obligations of 3
parties for residential 4
tenancies 5
Part 1 Occupation and use of the 6
premises 7
181 Legal impediments to occupation as residence 8
(1) The lessor must ensure there is no legal impediment to 9
occupation of the premises by the tenant as a residence for the 10
term of the tenancy. 11
(2) Subsection (1) applies only to legal impediments the lessor 12
knew about, or ought reasonably to have known about, when 13
entering into the agreement. 14
182 Vacant possession 15
(1) The lessor must ensure the tenant has vacant possession of the 16
premises on the day the tenant is entitled to occupy the 17
premises under the agreement. 18
(2) Subsection (1) does not apply to any part of the premises to 19
which the tenant does not have a right of exclusive 20
occupation. 21
183 Quiet enjoyment 22
(1) The lessor must take reasonable steps to ensure the tenant has 23
quiet enjoyment of the premises. 24
Page 124
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 2 General standard of the premises
[s 184]
(2) The lessor or lessor's agent must not interfere with the 1
reasonable peace, comfort or privacy of the tenant in using the 2
premises. 3
Maximum penalty for subsection (2)--20 penalty units. 4
184 Tenant's use of premises 5
The tenant must not-- 6
(a) use the premises for an illegal purpose; or 7
(b) cause a nuisance by the use of the premises; or 8
(c) interfere with the reasonable peace, comfort or privacy 9
of a neighbour of the tenant. 10
Part 2 General standard of the 11
premises 12
185 Lessor's obligations generally 13
(1) This section does not apply to an agreement if-- 14
(a) the premises are moveable dwelling premises consisting 15
only of the site for the dwelling; and 16
(b) the tenancy is a long tenancy (moveable dwelling). 17
(2) At the start of the tenancy, the lessor must ensure-- 18
(a) the premises and inclusions are clean; and 19
(b) the premises are fit for the tenant to live in; and 20
(c) the premises and inclusions are in good repair; and 21
(d) the lessor is not in breach of a law dealing with issues 22
about the health or safety of persons using or entering 23
the premises. 24
(3) While the tenancy continues, the lessor-- 25
Page 125
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 2 General standard of the premises
[s 185]
(a) must maintain the premises in a way that the premises 1
remain fit for the tenant to live in; and 2
(b) must maintain the premises and inclusions in good 3
repair; and 4
(c) must ensure any law dealing with issues about the health 5
or safety of persons using or entering the premises is 6
complied with; and 7
(d) if the premises include a common area--must keep the 8
area clean. 9
Editor's note-- 10
See section 217 (Notice of damage) for the tenant's obligations to notify 11
the lessor about damage to premises and the need for repairs. 12
(4) However, the lessor is not required to comply with subsection 13
(2)(c) or (3)(a) for fixtures attached to premises, and 14
inclusions supplied with premises, (the non-standard items) 15
if-- 16
(a) the lessor is the State; and 17
(b) the non-standard items are specified in the agreement 18
and the agreement states the lessor is not responsible for 19
their maintenance; and 20
(c) the non-standard items are not necessary and reasonable 21
to make the premises a fit place in which to live; and 22
(d) the non-standard items are not a risk to health or safety; 23
and 24
(e) for fixtures--the fixtures were not attached to the 25
premises by the lessor. 26
(5) In this section-- 27
premises include any common area available for use by the 28
tenant with the premises. 29
Page 126
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 2 General standard of the premises
[s 186]
186 Lessor's obligations for facilities in moveable dwelling 1
parks 2
(1) This section applies only to an agreement for moveable 3
dwelling premises in a moveable dwelling park. 4
(2) However, this section does not apply if the lessor is a home 5
owner for the premises. 6
(3) At the start of the tenancy, the lessor must ensure-- 7
(a) the facilities in the park are clean; and 8
(b) the facilities are fit for the tenant to use; and 9
(c) the facilities are in good repair; and 10
(d) the lessor is not in breach of a law dealing with issues 11
about the health and safety of persons using or entering 12
the facilities. 13
(4) While the tenancy continues, the lessor must-- 14
(a) keep the facilities clean; and 15
(b) maintain the facilities in a way that the facilities remain 16
fit for the tenant to use; and 17
(c) maintain the facilities in good repair; and 18
(d) ensure any law dealing with issues about the health or 19
safety of persons using the facilities is complied with. 20
187 Lessor's obligations for moveable dwelling site 21
(1) This section applies to an agreement only if-- 22
(a) the premises are moveable dwelling premises consisting 23
only of the site for the dwelling; and 24
(b) the tenancy is a long tenancy (moveable dwelling). 25
(2) At the start of the tenancy, the lessor must ensure the premises 26
are clean and are a fit site for a moveable dwelling. 27
(3) While the tenancy continues, the lessor-- 28
Page 127
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 2 General standard of the premises
[s 188]
(a) must ensure the premises remain a fit site for a 1
moveable dwelling; and 2
(b) may make any improvements to the premises the lessor 3
considers appropriate. 4
188 Tenant's obligations generally 5
(1) This section does not apply to an agreement if-- 6
(a) the premises are moveable dwelling premises consisting 7
only of the site for the dwelling; and 8
(b) the tenancy is a long tenancy (moveable dwelling). 9
(2) The tenant must keep the premises and inclusions clean, 10
having regard to their condition at the start of the tenancy. 11
(3) The tenant must not maliciously damage, or allow someone 12
else to maliciously damage, the premises or inclusions. 13
(4) At the end of the tenancy, the tenant must leave the premises 14
and inclusions, as far as possible, in the same condition they 15
were in at the start of the tenancy, fair wear and tear excepted. 16
Editor's note-- 17
See section 217 (Notice of damage) for the tenant's obligations to notify 18
the lessor about damage to premises and the need for repairs. 19
189 Tenant's obligations for facilities in moveable dwelling 20
parks 21
(1) This section applies only to an agreement for moveable 22
dwelling premises in a moveable dwelling park. 23
(2) The tenant must not-- 24
(a) do anything to a facility in the park that makes the 25
facility unfit for use or detracts from its appearance; or 26
(b) intentionally or negligently damage a facility in the 27
park. 28
Page 128
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 3 Lessor's right of entry
[s 190]
190 Tenant's obligation for moveable dwelling site 1
(1) This section applies-- 2
(a) to an agreement for moveable dwelling premises 3
consisting only of the site for the dwelling; and 4
(b) if the tenancy is a long tenancy (moveable dwelling). 5
(2) The tenant must keep the premises in a way that does not 6
detract from the general standards of the moveable dwelling 7
park, or other general area, where the premises are situated. 8
(3) The tenant's obligation applies having regard to the condition 9
of the premises at the start of the tenancy and any 10
improvements made later by the lessor. 11
191 Orders of tribunal 12
(1) This section applies if, on an application made to a tribunal by 13
the tenant for an order under this section, the tribunal is 14
satisfied-- 15
(a) the lessor has failed to comply with the lessor's 16
maintenance obligation under section 185(3) or 186(4); 17
and 18
(b) the failure results in the health or safety of persons being 19
endangered; and 20
(c) the failure is reasonably capable of being remedied. 21
(2) The tribunal may order the lessor to remedy the failure within 22
the time decided by the tribunal. 23
Part 3 Lessor's right of entry 24
192 Grounds for entry 25
(1) The lessor or lessor's agent may enter the premises only-- 26
Page 129
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 3 Lessor's right of entry
[s 192]
(a) to inspect the premises; or 1
(b) to make routine repairs to, or carry out maintenance of, 2
the premises; or 3
(c) if repairs or maintenance have been made or carried out 4
under paragraph (b)--within 14 days after the 5
completion of the repairs or maintenance, to inspect the 6
repairs or maintenance; or 7
(d) to comply with the Fire and Rescue Service Act 1990 in 8
relation to smoke alarms; or 9
(e) to comply with the Electrical Safety Act 2002 in relation 10
to approved safety switches; or 11
(f) to show the premises to a prospective buyer or tenant; or 12
(g) to allow a valuation of the premises to be carried out; or 13
(h) if the lessor or agent believes, on reasonable grounds, 14
the premises have been abandoned; or 15
(i) if the lessor or agent has given the tenant a notice to 16
remedy a breach of the agreement that is a significant 17
breach--within 14 days after the end of the allowed 18
remedy period, to inspect to ascertain whether the tenant 19
has remedied the breach; or 20
(j) if the tenant agrees; or 21
(k) in an emergency; or 22
(l) if the lessor or agent believes on reasonable grounds that 23
the entry is necessary to protect the premises or 24
inclusions from imminent or further damage. 25
Example of entry in an emergency under paragraph (k)-- 26
to make emergency repairs to the roof of the premises 27
(2) In this section-- 28
significant breach, for a notice to remedy breach, means a 29
breach relating to any of the following-- 30
(a) using the premises for an illegal purpose; 31
Page 130
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 3 Lessor's right of entry
[s 193]
(b) the number of occupants allowed to reside in the 1
premises; 2
(c) keeping a pet on the premises; 3
(d) another matter, if the reasonable cost of rectifying the 4
matter exceeds 1 week's rent for the premises. 5
193 Notice of entry 6
(1) The lessor or lessor's agent may enter the premises under 7
section 192(1)(a) to (i) only if-- 8
(a) the lessor or agent has given notice of the proposed 9
entry (the entry notice) to the tenant; and 10
(b) the entry notice is in the approved form; and 11
(c) the entry notice is given-- 12
(i) for an entry under section 192(1)(a) if the tenancy 13
is not a short tenancy (moveable dwelling)--at 14
least 7 days before entering the premises; or 15
(ii) for another entry--at least 24 hours before entering 16
the premises. 17
Example for another entry under paragraph (c)(ii)-- 18
If the lessor or agent hands the tenant an entry notice at 2.30p.m. 19
on a Tuesday, the lessor or agent may enter from 2.30p.m. on the 20
Wednesday. 21
(2) An entry under section 192(1)(k) or (l) may be made without 22
giving the tenant notice of the proposed entry. 23
(3) Despite subsection (1), the lessor or agent may enter the 24
premises under section 192(1)(b), (d) or (e) without giving the 25
entry notice if it is not practicable to give the notice because 26
of-- 27
(a) the remoteness of the premises; and 28
(b) the shortage in the general area of the premises of a 29
suitably qualified tradesperson or other person needed to 30
make the repairs or carry out the maintenance. 31
Page 131
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 3 Lessor's right of entry
[s 194]
(4) Also, despite subsection (1), for premises that are a site only, 1
or a site and a caravan, or a site and a manufactured home, in a 2
moveable dwelling park, the lessor or agent may enter the site 3
under section 192(1)(b) to carry out maintenance of the site 4
without giving the entry notice if-- 5
(a) the agreement states-- 6
(i) the frequency with which the entry is required for 7
carrying out the maintenance; and 8
(ii) the conditions under which the entry may be made; 9
and 10
(b) the entry is made under the agreement. 11
194 Entry by lessor or lessor's agent with another person 12
(1) The lessor or lessor's agent may enter the premises with 13
another person if it is necessary to achieve the purpose of 14
entry under section 192. 15
(2) Without limiting subsection (1), the lessor or agent may enter 16
premises under section 192(1)(l) with a police officer. 17
195 When lessor or lessor's agent may enter 18
(1) An entry under section 192(1)(a) to (i)-- 19
(a) must be made at a reasonable time; and 20
(b) unless the tenant otherwise agrees, must not be made 21
on-- 22
(i) a Sunday or public holiday; or 23
(ii) another day after 6p.m. or before 8a.m. 24
(2) However, for an entry under section 192(1)(b), (d) or (e), 25
subsection (1)(b) does not apply if it is not practicable to 26
comply with that provision because of-- 27
(a) the remoteness of the premises; and 28
Page 132
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 3 Lessor's right of entry
[s 196]
(b) the shortage in the general area of the premises of a 1
suitably qualified tradesperson or other person needed to 2
make the repairs or carry out the maintenance. 3
(3) Unless the tenant otherwise agrees, an entry under section 4
192(1)(a) may not be made less than 3 months after a previous 5
entry by the lessor, or the renting or a secondary agent, under 6
section 192(1)(a). 7
(4) The lessor or lessor's agent may enter the premises under 8
section 192(1)(f) only if a reasonable time has elapsed since a 9
previous entry by the lessor, or the renting or a secondary 10
agent, under section 192(1)(f). 11
(5) The lessor or lessor's agent may enter the premises under 12
section 192(1)(j) only at a time agreed with the tenant. 13
196 Period for entry must be stated for entry by lessor and 14
lessor's agent without another person 15
(1) This section applies to entry under section 192 by-- 16
(a) the lessor or lessor's renting or selling agent; or 17
(b) both the lessor and lessor's renting or selling agent. 18
(2) The lessor or agent-- 19
(a) must state a period of up to 2 hours within which entry 20
will happen (the entry period), in the entry notice under 21
section 193; and 22
(b) may only enter within the entry period. 23
(3) Subsection (2) applies only to the initial entry and does not 24
prevent the lessor or lessor's agent remaining on the premises 25
after the end of the entry period. 26
(4) This section does not apply if another person is to accompany 27
the lessor or lessor's renting or selling agent to achieve the 28
purpose of entry under section 192. 29
Example of another person-- 30
a tradesperson 31
Page 133
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 3 Lessor's right of entry
[s 197]
(5) Also, for an entry under section 192(1)(b), (d) or (e), 1
subsection (2) does not apply if it is not practicable to comply 2
with that provision because of-- 3
(a) the remoteness of the premises; and 4
(b) the shortage in the general area of the premises of a 5
suitably qualified tradesperson or other person needed to 6
make the repairs or carry out the maintenance. 7
197 Entry to show premises to a prospective tenant 8
(1) The lessor or lessor's agent may enter the premises under 9
section 192(1)(f) to show the premises to a prospective tenant 10
only if-- 11
(a) a notice to leave the premises is given to the tenant 12
before, or when, the entry notice is given to the tenant; 13
or 14
(b) a notice of intention to leave the premises has been 15
given to the lessor by the tenant. 16
(2) The lessor or agent must not allow a prospective tenant to 17
enter the premises unless accompanied by the lessor or agent. 18
(3) However, a lessor or agent may allow a prospective tenant to 19
enter without being accompanied by the lessor or agent if the 20
tenant agrees. 21
Note-- 22
For an entry under section 192(1)(f), the lessor or agent is also required 23
to give an entry notice to the tenant under section 193(1). 24
198 Entry to show premises to a prospective buyer 25
(1) The lessor or lessor's agent may enter the premises under 26
section 192(1)(f) to show the premises to a prospective buyer 27
only if-- 28
(a) the lessor or agent gives the tenant a notice in the 29
approved form of the lessor's intention to sell the 30
Page 134
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 3 Lessor's right of entry
[s 199]
premises before, or when, the entry notice for the first 1
entry to the premises is given to the tenant; and 2
(b) for entry by a secondary agent, the secondary agent 3
gives the renting agent-- 4
(i) a copy of the notice of intention to sell given under 5
paragraph (a) before, or when, the entry notice for 6
the first entry to the premises is given to the renting 7
agent; and 8
(ii) unless otherwise agreed with the renting agent--an 9
entry notice before each entry to show the premises 10
to a prospective buyer. 11
(2) Subsection (1)(a) applies whether or not the tenant has agreed 12
to the entry under section 192(1)(j). 13
(3) The lessor or agent must not allow a prospective buyer to 14
enter the premises unless accompanied by the lessor or agent. 15
(4) However, a lessor or agent may allow a prospective buyer to 16
enter without being accompanied by the lessor or agent if the 17
tenant agrees. 18
Note-- 19
For an entry under section 192(1)(f), the lessor or agent is also required 20
to give an entry notice to the tenant under section 193(1). 21
199 Entry by secondary agents generally 22
(1) A secondary agent of the lessor may enter the premises under 23
section 192(1)(a) to (e) and (g) to (i) only if-- 24
(a) the tenant agrees; or 25
(b) the agent produces for the tenant's inspection written 26
evidence of the agent's appointment; or 27
(c) for an entry under section 192(1)(h) the tenant does not 28
respond to the entry notice within a reasonable time. 29
(2) However, for an entry under section 192(1)(b), (d) or (e), 30
subsection (1) does not apply if it is not practicable to comply 31
with that provision because of-- 32
Page 135
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 3 Lessor's right of entry
[s 200]
(a) the remoteness of the premises; and 1
(b) the shortage in the general area of the premises of a 2
suitably qualified tradesperson or other person needed to 3
make the repairs or carry out the maintenance. 4
200 Rules of entry 5
The rights and obligations under sections 192 to 199 about the 6
entry of premises are called the rules of entry. 7
201 Entry by lessor or lessor's agent under order of tribunal 8
(1) This section applies if, on an application made to a tribunal by 9
the lessor or tenant, the tribunal is satisfied-- 10
(a) the tenant has not allowed the lessor or lessor's agent to 11
enter the premises under the rules of entry; or 12
(b) the lessor or lessor's agent has entered the premises in 13
contravention of the rules of entry. 14
(2) The tribunal may change the rules of entry in the way it 15
considers appropriate. 16
(3) If the tribunal changes the rules on the ground mentioned in 17
subsection (1)(a), the lessor or agent may enter the premises 18
under the rules of entry or the rules of entry as changed. 19
(4) If the tribunal makes an order on the ground mentioned in 20
subsection (1)(b), the lessor or agent may enter the premises 21
only under the rules as changed. 22
202 Unlawful entry of premises 23
The lessor or lessor's agent, must not enter the premises in 24
contravention of-- 25
(a) the rules of entry; or 26
Page 136
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 3 Lessor's right of entry
[s 203]
(b) if the rules have been changed by a tribunal--the rules 1
of entry as changed. 2
Maximum penalty--20 penalty units. 3
203 Lessor or lessor's agent must not use photo or image 4
showing tenant's possessions in advertisement 5
Unless the lessor or lessor's agent has the tenant's written 6
consent, the lessor or agent must not use a photo or other 7
image of the premises in an advertisement if the photo or 8
image shows something belonging to the tenant. 9
Maximum penalty--20 penalty units. 10
204 Lessor or lessor's agent must not conduct open house or 11
on-site auction without tenant's consent 12
(1) The lessor or lessor's agent for premises must not do either of 13
the following without the tenant's written consent-- 14
(a) conduct an auction, or allow an auction to be conducted, 15
on the premises; 16
(b) conduct an open house, or allow an open house to be 17
conducted, on the premises. 18
Maximum penalty--20 penalty units. 19
(2) In this section-- 20
open house means an advertised period during which 21
premises that are for sale or rent may be entered and inspected 22
by prospective buyers or tenants generally. 23
Page 137
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 4 Personal details of the parties and agents
[s 205]
Part 4 Personal details of the parties 1
and agents 2
205 Tenant's name and other details 3
(1) If the lessor or the lessor's agent asks the tenant the tenant's 4
name or place of employment, the tenant must not give a false 5
name or place of employment. 6
Maximum penalty--20 penalty units. 7
(2) When handing over possession of the premises, the tenant 8
must tell the lessor or lessor's agent the tenant's new 9
residential address, unless the tenant has a reasonable excuse 10
for not telling the lessor or agent the new address. 11
Maximum penalty--20 penalty units. 12
(3) Subsection (2) applies only if the lessor or lessor's agent asks 13
the tenant in writing to state the new address. 14
206 Lessor's or agent's name and other details 15
(1) On or before the day the tenant starts occupying the premises, 16
the lessor or lessor's agent must give a written notice to the 17
tenant stating-- 18
(a) the lessor's name and address for service; or 19
(b) if the lessor has an agent who is authorised to stand in 20
the lessor's place in a proceeding prescribed under a 21
regulation (the prescribed proceeding)--the agent's 22
name and address for service. 23
Maximum penalty--20 penalty units. 24
(2) If a detail mentioned in the notice changes, the lessor or agent 25
must give written notice of the change to the tenant within 14 26
days after the change. 27
Maximum penalty--20 penalty units. 28
Page 138
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 5 The dwelling
[s 207]
(3) If details of the agent mentioned in subsection (1)(b) are given 1
to the tenant under this section, the agent stands in the lessor's 2
place for a prescribed proceeding and, for example-- 3
(a) the proceeding may be taken against the agent as if the 4
agent were the lessor; and 5
(b) a tribunal may make an order against the agent as if the 6
agent were the lessor; and 7
(c) settlement may be made with the agent as if the agent 8
were the lessor. 9
(4) In this section-- 10
address for service means-- 11
(a) for an individual--the individual's place of residence or 12
place of business; or 13
(b) for a body corporate--the body corporate's registered 14
office or place of business. 15
Part 5 The dwelling 16
Division 1 Fixtures and structural changes 17
207 Attaching fixtures and making structural changes 18
The tenant may attach a fixture, or make a structural change, 19
to the premises only if the lessor agrees to the fixture's 20
attachment or structural change. 21
208 Agreement about fixtures and structural changes 22
(1) The lessor's agreement to the attaching of a fixture, or making 23
of a structural change, must-- 24
(a) be in writing; and 25
Page 139
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 5 The dwelling
[s 209]
(b) describe the nature of the fixture or change; and 1
(c) include any terms of the agreement. 2
(2) For an agreement about attaching a fixture to premises, the 3
terms may include terms about-- 4
(a) whether the tenant may remove the fixture; and 5
(b) if removal by the tenant is allowed-- 6
(i) when and how the removal may be performed; and 7
(ii) the obligation of the tenant to repair any damage 8
caused to the premises in the removal or 9
compensate the lessor for the lessor's reasonable 10
costs of repairing the damage; and 11
(c) if removal by the tenant is not allowed--the obligation 12
of the lessor to compensate the tenant for any 13
improvement the fixture makes to the premises. 14
(3) The lessor must not act unreasonably in failing to agree to the 15
attaching of a fixture, or the making of a structural change, to 16
the premises. 17
(4) If the lessor agrees to a fixture being attached, or a structural 18
change being made, to the premises by the tenant, the tenant 19
must not contravene a term of the agreement. 20
209 Attaching fixture or making structural change without 21
lessor's agreement 22
(1) If the tenant attaches a fixture, or makes a structural change, 23
to the premises without the lessor's agreement, the lessor 24
may-- 25
(a) waive the breach; and 26
(b) treat the fixture or change as an improvement to the 27
premises for the lessor's benefit. 28
(2) The lessor may take the action under subsection (1) instead of 29
taking action for a breach of a term of the residential tenancy 30
agreement by the tenant. 31
Page 140
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 5 The dwelling
[s 210]
Division 2 Locks and keys 1
210 Supply of locks and keys 2
(1) The lessor must supply and maintain the locks that are 3
necessary to ensure the premises are reasonably secure. 4
(2) If there is only 1 tenant, the lessor must give to the tenant a 5
key for each lock that-- 6
(a) secures an entry to the premises; or 7
(b) secures a road or other place that is normally used to 8
gain access to, or leave, the area or building in which the 9
premises are situated; or 10
Example of a lock for paragraph (b)-- 11
a lock operating a boom gate that must be passed to enter or 12
leave the area in which the premises are situated 13
(c) is part of the premises. 14
Examples of locks for paragraph (c)-- 15
1 a lock on a door to a room in the premises 16
2 a lock on the mailbox for the premises 17
3 a lock on the door to a toolshed that forms part of the 18
premises 19
4 a lock on a built-in cupboard in the premises 20
(3) If there is more than 1 tenant, the lessor must-- 21
(a) give one of the tenants a key for each lock mentioned in 22
subsection (2); and 23
(b) give each of the other tenants a key for each lock 24
mentioned in subsection (2)(a) or (b). 25
(4) In this section-- 26
tenant means a person named in the agreement as a tenant. 27
Page 141
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 5 The dwelling
[s 211]
211 Changing locks 1
(1) If the lessor or tenant changes a lock, the party must give to 2
the other party a key for the changed lock, unless-- 3
(a) the other party agrees to not being given a key; or 4
(b) a tribunal orders that a key not be given. 5
(2) However, the lessor or tenant may change a lock only if-- 6
(a) the party has a reasonable excuse for making the 7
change; or 8
(b) the other party agrees to the change. 9
(3) Without limiting subsection (2)(a), it is a reasonable excuse 10
for the lessor or tenant to change a lock if it is changed in an 11
emergency or under an order of a tribunal. 12
212 Agreement about changing locks 13
(1) The lessor or tenant must not act unreasonably in failing to 14
agree to the change of a lock. 15
(2) The changing of a lock by the lessor or tenant without the 16
other party's agreement is evidence the party did not have a 17
reasonable excuse for making the change. 18
213 Orders of tribunal 19
(1) If an application is made to a tribunal by the lessor or tenant 20
about a lock or key for the premises, the tribunal may make 21
any of the following orders about locks or keys for the 22
premises-- 23
(a) an order requiring the lessor to supply a lock, or a lock 24
of a particular kind; 25
(b) an order requiring the lessor to carry out stated 26
maintenance of a lock; 27
(c) an order authorising the lessor or tenant to change a 28
lock; 29
Page 142
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 5 The dwelling
[s 214]
(d) an order that the lessor or tenant is not required to give 1
to the other party a key to a lock; 2
(e) an order requiring the lessor or tenant to give to the 3
other party a key to a lock. 4
(2) In making an order mentioned in subsection (1)(a) or (c), the 5
tribunal may have regard to the following-- 6
(a) the likelihood of risk to the tenant's personal safety; 7
(b) the requirements of insurance companies for allowing 8
the tenant to obtain insurance for property of the tenant 9
kept at the premises; 10
(c) the likelihood of break-ins or other unlawful entry to the 11
premises or nearby premises; 12
(d) local community standards about adequate security for 13
premises; 14
(e) the physical characteristics of the premises and 15
adjoining areas; 16
(f) anything else the tribunal considers relevant. 17
Division 3 Damage and repairs 18
214 Meaning of emergency repairs 19
Emergency repairs are works needed to repair any of the 20
following-- 21
(a) a burst water service or a serious water service leak; 22
(b) a blocked or broken lavatory system; 23
(c) a serious roof leak; 24
(d) a gas leak; 25
(e) a dangerous electrical fault; 26
(f) flooding or serious flood damage; 27
(g) serious storm, fire or impact damage; 28
Page 143
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 5 The dwelling
[s 215]
(h) a failure or breakdown of the gas, electricity or water 1
supply to premises; 2
(i) a failure or breakdown of an essential service or 3
appliance on premises for hot water, cooking or heating; 4
(j) a fault or damage that makes premises unsafe or 5
insecure; 6
(k) a fault or damage likely to injure a person, damage 7
property or unduly inconvenience a tenant of premises; 8
(l) a serious fault in a staircase, lift or other common area 9
of premises that unduly inconveniences a tenant in 10
gaining access to, or using, the premises. 11
215 Meaning of routine repairs 12
Routine repairs are repairs that are not emergency repairs. 13
216 Nominated repairer for emergency repairs 14
(1) The lessor may nominate a person (the nominated 15
repairer)-- 16
(a) to act for the lessor in arranging for emergency repairs, 17
or emergency repairs of a particular type, to be made of 18
the premises or inclusions; or 19
(b) to make emergency repairs, or emergency repairs of a 20
particular type, of the premises or inclusions for the 21
lessor. 22
(2) The nominated repairer may be stated in the agreement or a 23
written notice given by the lessor to the tenant. 24
(3) The agreement or notice must state whether or not the 25
nominated repairer is the tenant's first point of contact for 26
notifying the need for emergency repairs. 27
(4) The lessor must give written notice to the tenant of any 28
change of the lessor's nominated repairer. 29
Page 144
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 5 The dwelling
[s 217]
217 Notice of damage 1
(1) If the tenant knows the premises or inclusions have been 2
damaged, the tenant must give notice as soon as practicable of 3
the damage. 4
(2) If the premises or inclusions need routine repairs, the notice 5
must be given to the lessor. 6
(3) If the premises or inclusions need emergency repairs, the 7
notice must be given to the lessor if-- 8
(a) there is no nominated repairer for the repairs; or 9
(b) a nominated repairer for the repairs is not the tenant's 10
first point of contact; or 11
(c) a nominated repairer for the repairs is the tenant's first 12
point of contact but the tenant has been unable to contact 13
the repairer after making reasonable efforts. 14
(4) If the premises or inclusions need emergency repairs and there 15
is a nominated repairer of the lessor for the repairs, the notice 16
must be given to the repairer if-- 17
(a) the repairer is the tenant's first point of contact; or 18
(b) the repairer is not the tenant's first point of contact but 19
the tenant has been unable to contact the lessor after 20
making reasonable efforts. 21
218 Tenant may arrange for emergency repairs to be made or 22
may apply to the tribunal for an order about the repairs 23
(1) This section applies-- 24
(a) if-- 25
(i) the tenant has been unable to notify the lessor or 26
nominated repairer of the need for emergency 27
repairs of the premises or inclusions; or 28
(ii) the repairs are not made within a reasonable time 29
after notice is given; and 30
Page 145
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 5 The dwelling
[s 219]
(b) if the residential tenancy is not a short tenancy 1
(moveable dwelling). 2
(2) The tenant may-- 3
(a) arrange for a suitably qualified person to make the 4
repairs; or 5
(b) apply to a tribunal under section 221 for orders about the 6
repairs. 7
219 Costs of emergency repairs arranged by tenant 8
(1) The maximum amount that may be incurred for emergency 9
repairs arranged to be made by the tenant is an amount equal 10
to the amount payable under the agreement for 2 weeks rent. 11
(2) The tenant may require the lessor-- 12
(a) to reimburse the tenant for any amount properly 13
incurred by the tenant for the repairs; or 14
(b) to pay the amount properly incurred for the repairs 15
direct to the actual repairer. 16
(3) The requirement must-- 17
(a) be made by written notice given to the lessor; and 18
(b) be supported by appropriate documents about the 19
incurring of the amount; and 20
(c) state that, if the lessor does not comply with the 21
requirement within 7 days after receiving the notice, the 22
tenant may apply to a tribunal for an order about the 23
reimbursement or payment of the amount. 24
Examples of appropriate documents for subsection (3)(b)-- 25
invoices, accounts and receipts 26
Page 146
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 5 The dwelling
[s 220]
220 Orders of tribunal about reimbursement or payment for 1
emergency repairs 2
(1) This section applies if the tenant makes a requirement of the 3
lessor under section 219 for the reimbursement or payment of 4
an amount for emergency repairs. 5
(2) If the lessor objects to the requirement, the lessor may, within 6
7 days after the requirement is made, apply to a tribunal for an 7
order about the reimbursement or payment. 8
(3) If, within the 7 day period, the lessor does not comply with the 9
requirement or make the application, the tenant may apply to 10
a tribunal for an order about the reimbursement or payment. 11
(4) An application under subsection (2) must be decided by a 12
tribunal, but an application under subsection (3) may be 13
decided by a tribunal or registrar. 14
(5) However, a registrar may decide an application only if-- 15
(a) the registrar is satisfied the tenant has given to the lessor 16
appropriate documents to support the incurring of the 17
amount for which reimbursement or payment is sought; 18
and 19
(b) the lessor has not made an application under subsection 20
(2); and 21
(c) the registrar is satisfied a tribunal has not been notified 22
of a dispute between the parties about the amount. 23
Examples of appropriate documents for subsection (5)(a)-- 24
invoices, accounts and receipts 25
(6) If an application is made under subsection (2) or (3), a 26
tribunal or registrar may make any order or give any 27
directions about the reimbursement or payment the tribunal or 28
registrar considers appropriate in all the circumstances of the 29
case. 30
(7) In deciding an application under subsection (2) or (3), the 31
tribunal or registrar may have regard to-- 32
Page 147
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 5 The dwelling
[s 221]
(a) whether the tenant obtained a number of quotations for 1
the repairs; and 2
(b) whether the repairs were necessary because of a breach 3
of a term of the agreement by the tenant. 4
(8) Subsection (7) does not limit the issues to which the tribunal 5
or registrar may have regard. 6
221 Orders of tribunal about carrying out emergency repairs 7
(1) This section applies if, on application made to the tribunal by 8
the tenant for an order under this section, the tribunal is 9
satisfied that-- 10
(a) either-- 11
(i) the tenant has been unable to notify the lessor or 12
nominated repairer of the need for emergency 13
repairs of the premises or inclusions; or 14
(ii) the repairs are not made within a reasonable time 15
after notice is given; and 16
(b) the tenant has not arranged for a suitably qualified 17
person to make the repairs; and 18
(c) the residential tenancy is not a short tenancy (moveable 19
dwelling). 20
(2) If an application is made under this section, a tribunal may 21
make any order or give any directions about the repairs, the 22
tribunal considers appropriate in all the circumstances of the 23
case. 24
(3) Without limiting subsection (2), the tribunal may make any of 25
the following orders-- 26
(a) that the lessor carry out the repairs within the time 27
decided by the tribunal; 28
(b) that the tenant may arrange for a suitably qualified 29
person to make the repairs for an amount decided by the 30
tribunal; 31
Page 148
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 6 Additional provisions for moveable dwelling premises
[s 222]
(c) if paragraph (b) applies, that the lessor pay or reimburse 1
the amount decided by the tribunal, in the way stated by 2
the tribunal. 3
(4) In deciding an application under this section, the tribunal may 4
have regard to-- 5
(a) whether the tenant obtained a number of quotations for 6
the repairs; and 7
(b) whether the repairs were necessary because of a breach 8
of a term of the agreement by the tenant. 9
(5) Subsection (4) does not limit the issues to which the tribunal 10
may have regard. 11
Part 6 Additional provisions for 12
moveable dwelling premises 13
Division 1 Application of part 14
222 Application of pt 6 15
This part applies only if premises under an agreement are 16
moveable dwelling premises in a moveable dwelling park. 17
Division 2 Relocation 18
223 Notice to relocate 19
(1) The lessor may give a notice (notice to relocate) to the tenant 20
requiring the tenant to relocate to another site in the moveable 21
dwelling park within a stated period. 22
(2) The notice to relocate may be given only if the relocation is 23
necessary-- 24
Page 149
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 6 Additional provisions for moveable dwelling premises
[s 224]
(a) to allow the carrying out of necessary or desirable work 1
in the park; or 2
(b) because of an emergency; or 3
(c) for health or safety reasons; or 4
(d) if the lessor is a home owner--because the lessor has an 5
obligation under a site agreement to reposition the 6
moveable dwelling. 7
Examples of work to which subsection (2)(a) could apply-- 8
maintenance, repairs, upgrading and restoration 9
(3) The notice to relocate to another site may be given only if the 10
other site is, as far as practicable, reasonably comparable to 11
the site currently occupied by the tenant. 12
(4) The period stated in the notice must be reasonable but, in any 13
event, for a notice given under subsection (2)(a) or (d), must 14
be not less than 1 month after the notice is given to the tenant. 15
(5) The notice to relocate must-- 16
(a) be in writing; and 17
(b) identify the site to which the tenant is to relocate; and 18
(c) state the period within which the tenant is to relocate; 19
and 20
(d) state the reasons for the relocation. 21
Editor's note-- 22
See section 283 (Notice to leave for noncompliance (moveable dwelling 23
relocation)) in relation to a failure of the tenant to comply with the 24
notice to relocate. 25
224 Restriction against enforcing relocation 26
The lessor or lessor's agent must not take any action to 27
enforce the tenant's relocation under a notice to relocate 28
unless-- 29
(a) the tenant agrees; or 30
Page 150
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 6 Additional provisions for moveable dwelling premises
[s 225]
(b) a tribunal orders the tenant to relocate to the site 1
mentioned in the notice. 2
Maximum penalty--20 penalty units. 3
225 Effect of relocation 4
If the tenant complies with the notice to relocate given to the 5
tenant, the tenant's site for the agreement is the site to which 6
the tenant relocates, and the agreement is taken to be amended 7
accordingly. 8
226 Costs of relocation 9
(1) The reasonable costs and expenses incurred by the tenant in 10
complying with the notice to relocate are payable to the tenant 11
by the lessor. 12
(2) If application is made to a tribunal under this section by the 13
tenant, the tribunal may make an order requiring the lessor to 14
pay to the tenant the amount it considers the tenant is entitled 15
to receive under subsection (1). 16
227 Application to tribunal 17
(1) This section applies if-- 18
(a) a notice to relocate is given to the tenant; and 19
(b) the tenant-- 20
(i) has not complied with the notice; or 21
(ii) is proposing not to comply with the notice 22
(whether or not the tenant has told the lessor). 23
(2) Either party may apply to a tribunal for an order about the 24
relocation. 25
(3) In deciding the application, the tribunal may make either of 26
the following orders-- 27
Page 151
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 6 Additional provisions for moveable dwelling premises
[s 228]
(a) an order requiring the tenant to relocate, by a stated date, 1
to the site mentioned in the notice to relocate; 2
(b) an order setting aside the notice to relocate. 3
Division 3 Park rules 4
228 Park rules 5
(1) The owner of the moveable dwelling park may make rules 6
about the use, enjoyment, control and management of the 7
park. 8
(2) However, rules may be made only about-- 9
(a) the use and operation of communal facilities; and 10
(b) the making and abatement of noise; and 11
(c) the carrying on of sporting and other recreational 12
activities; and 13
(d) speed limits for motor vehicles; and 14
(e) parking of motor vehicles; and 15
(f) the disposal of refuse; and 16
(g) the keeping of pets; and 17
(h) other things prescribed under a regulation. 18
229 Notice of proposed change of park rule 19
(1) If the owner of a moveable dwelling park proposes to change 20
a park rule, the owner must-- 21
(a) fix a day (the objection closing day) by which residents 22
of the park may object to the proposed change (the 23
proposal); and 24
(b) give notice of the proposal to each resident and any 25
person who becomes a resident before the objection 26
closing day. 27
Page 152
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 6 Additional provisions for moveable dwelling premises
[s 230]
(2) A notice must be given-- 1
(a) for a resident--at least 1 month before the objection 2
closing day; or 3
(b) for someone else--when the person becomes a resident. 4
(3) The notice must-- 5
(a) be in writing; and 6
(b) inform the resident that the resident may object to the 7
proposal before the objection closing day; and 8
(c) inform the resident how the objection may be made. 9
230 Objection to proposal 10
(1) A resident of the park may object to the proposal because it is 11
unreasonable. 12
(2) The objection must be made by written notice given to the 13
park owner before the objection closing day. 14
(3) The notice must give particulars of why the proposal is 15
considered to be unreasonable. 16
231 Park liaison committee 17
(1) This section applies only if objections to the proposal are 18
made before the objection day by-- 19
(a) at least 5 park residents from 5 different sites in the 20
park; or 21
(b) if the park has less than 10 sites--a majority of the park 22
residents. 23
(2) As soon as practicable after the objection closing day, the 24
persons who have objected (the objectors) and the park owner 25
must set up a committee (the park liaison committee) to 26
consider the objections. 27
(3) The committee is to consist of the following members-- 28
(a) a person chosen by the objectors; 29
Page 153
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 6 Additional provisions for moveable dwelling premises
[s 232]
(b) the park owner or the park owner's nominee; 1
(c) someone else agreed on by the other members. 2
(4) The member mentioned in subsection (3)(a) may be an 3
objector. 4
(5) The committee may consider the objections only if the 3 5
members are present. 6
(6) If the members mentioned in subsection (3)(a) and (b) fail, 7
within 7 days after the objection closing day, to agree on the 8
other person who is to be a member, the park owner must give 9
written notice of the failure to each of the objectors 10
(non-resolution notice). 11
232 Consideration of objections by committee 12
(1) If a park liaison committee is set up, it must consider all 13
objections properly made about the proposal and-- 14
(a) declare the proposal to be either reasonable or 15
unreasonable; or 16
(b) if it considers the proposal is unreasonable--change the 17
proposal in a way it considers appropriate to make it 18
reasonable. 19
(2) The committee must give written notice of its decision to-- 20
(a) the objectors; and 21
(b) if the park owner is not a member of the committee--the 22
park owner. 23
233 Application to tribunal about proposal 24
(1) This section applies if-- 25
(a) non-resolution notices are given to the objectors; or 26
(b) the park owner or an objector is dissatisfied with a 27
decision of the park liaison committee. 28
Page 154
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 6 Additional provisions for moveable dwelling premises
[s 234]
(2) The park owner or objector may apply to a tribunal for an 1
order declaring the proposal to be reasonable or unreasonable. 2
(3) The application must-- 3
(a) be made within 7 days after receiving the non-resolution 4
notice or the decision being made; and 5
(b) give particulars of why the proposal is considered to be 6
reasonable or unreasonable. 7
(4) A single application may be made by objectors if it is made 8
by-- 9
(a) at least 5 park residents from 5 different sites in the 10
park; or 11
(b) if the park has less than 10 sites--a majority of the park 12
residents. 13
(5) In subsection (2), a reference to the proposal about which an 14
order may be sought includes a change of a park rule proposed 15
by the park owner as changed by the park liaison committee. 16
234 Decision of tribunal about proposal 17
(1) If an application is made to a tribunal about the 18
reasonableness of the proposal to change a park rule, the 19
tribunal may-- 20
(a) declare the proposal to be reasonable or unreasonable; 21
or 22
(b) change the proposal in a way it considers appropriate to 23
make it reasonable; or 24
(c) make any other order it considers appropriate. 25
(2) In deciding the application, the issues to which the tribunal 26
may have regard include the following-- 27
(a) the park's location; 28
(b) the park's internal layout; 29
Page 155
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 6 Additional provisions for moveable dwelling premises
[s 235]
(c) the amenities, improvements, facilities and other 1
physical features of the park; 2
(d) the number of residents and their needs; 3
(e) the levels of rent and other charges paid by residents. 4
(3) Subsection (2) does not limit the issues to which the tribunal 5
may have regard. 6
235 When proposal takes effect 7
(1) This section sets out the way of working out when a proposal 8
to change a park rule takes effect. 9
(2) This section applies (as case 1) if-- 10
(a) no objections are made to the proposal; or 11
(b) the number of objections made to the proposal are not 12
sufficient to require the setting up of a park liaison 13
committee. 14
(3) This section applies (as case 2) if-- 15
(a) non-resolution notices about the proposal are given to 16
the objectors; and 17
(b) no application is made to a tribunal within the required 18
time. 19
(4) This section applies (as case 3) if-- 20
(a) a decision is made by a park liaison committee-- 21
(i) declaring the proposal to be reasonable; or 22
(ii) changing the proposal in a way it considers 23
appropriate to make the proposal reasonable; and 24
(b) no application is made to a tribunal within the required 25
time. 26
(5) This section applies (as case 4) if a decision is made by a 27
tribunal-- 28
(a) declaring the proposal to be reasonable; or 29
Page 156
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 6 Additional provisions for moveable dwelling premises
[s 236]
(b) changing the proposal in a way it considers appropriate 1
to make the proposal reasonable. 2
(6) If case 1 applies, the proposal takes effect-- 3
(a) at the end of the objection closing day; or 4
(b) if a later day is stated by the park owner--on the later 5
day. 6
(7) If case 2 applies, the proposal takes effect-- 7
(a) at the end of the last day on which an application may be 8
made to a tribunal; or 9
(b) if a later day is stated by the park owner--on the later 10
day. 11
(8) If case 3 applies, the proposal takes effect on the day decided 12
by the park liaison committee. 13
(9) If case 4 applies, the proposal takes effect on the day decided 14
by the tribunal. 15
236 When changes of park rules have no effect 16
(1) A change of a park rule has no effect if-- 17
(a) it is made otherwise than under this division; or 18
(b) a park liaison committee or tribunal, in considering a 19
proposal about the change, decides that the proposal is 20
unreasonable. 21
(2) However, subsection (1)(b) does not apply to a decision of the 22
park liaison committee if a later decision of a tribunal-- 23
(a) decided the proposal was reasonable; or 24
(b) changes the proposal in a way it considered appropriate 25
to make the proposal reasonable. 26
Page 157
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 7 Change of lessor or tenant
[s 237]
Part 7 Change of lessor or tenant 1
Division 1 Transfer or subletting by tenant 2
237 Tenant's action subject to lessor's unqualified discretion 3
(1) This section applies to an agreement if-- 4
(a) the lessor is the State; or 5
(b) the lessor is an entity receiving financial or other 6
assistance from the State to supply rented 7
accommodation to persons; or 8
(c) the tenant's right to occupy the premises is given under 9
the tenant's terms of employment; or 10
(d) the tenancy is a short tenancy (moveable dwelling). 11
(2) The tenant may transfer the whole or a part of the tenant's 12
interest under the agreement, or sublet the premises, only if 13
the lessor agrees in writing to the transfer or subletting. 14
238 Tenant's action subject to lessor's qualified discretion 15
(1) This section applies to an agreement only if section 237 does 16
not apply to the agreement. 17
(2) The tenant may transfer all or a part of the tenant's interest 18
under the agreement, or sublet the premises, only if-- 19
(a) the lessor agrees in writing to the transfer or subletting; 20
or 21
(b) the transfer or subletting is made under an order of a 22
tribunal. 23
(3) The lessor must act reasonably in failing to agree to the 24
transfer or subletting. 25
(4) The lessor is taken to act unreasonably in failing to agree to 26
the transfer or subletting if the lessor acts in a capricious or 27
retaliatory way. 28
Page 158
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 7 Change of lessor or tenant
[s 239]
239 Order of tribunal about transfer or subletting 1
(1) If the tenant believes the lessor has acted unreasonably in 2
failing to agree to a transfer or subletting under section 238, 3
the tenant may apply to a tribunal for an order under this 4
section. 5
(2) If, on an application made to a tribunal by the tenant, the 6
lessor fails to satisfy the tribunal that the lessor acted 7
reasonably in failing to agree to the transfer or subletting, the 8
tribunal may make an order authorising the tenant to make the 9
transfer or subletting without the lessor's agreement. 10
(3) In deciding whether the lessor acted reasonably in failing to 11
agree to the transfer or subletting, the tribunal may have 12
regard to the following issues-- 13
(a) the likelihood of the proposed transferee fulfilling the 14
tenant's obligations under the agreement; 15
(b) the risk of damage to the premises or inclusions. 16
Example of risk for subsection (3)(b)-- 17
a risk that may arise because of a hobby or business the proposed 18
transferee intends carrying on at the premises 19
(4) Subsection (3) does not limit the issues to which the tribunal 20
may have regard. 21
240 Lessor's expenses for transfer or subletting 22
The lessor or lessor's agent must not require the tenant to pay, 23
or accept from the tenant, an amount for the lessor's 24
agreement to a transfer or subletting by the tenant, other than 25
an amount for the reasonable expenses incurred by the lessor 26
in agreeing to the transfer or subletting. 27
Maximum penalty--20 penalty units. 28
241 Lessor's fee for sale of caravan 29
(1) This section applies-- 30
Page 159
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 7 Change of lessor or tenant
[s 242]
(a) only to an agreement for moveable dwelling premises 1
consisting only of the site for a caravan; and 2
(b) if the residential tenancy is a long tenancy (moveable 3
dwelling). 4
(2) The lessor may require the tenant to pay, or accept from the 5
tenant, a fee (not more than an amount prescribed under a 6
regulation) for the sale or attempted sale of a caravan on the 7
premises only if-- 8
(a) the lessor supplies a service in the sale or attempted 9
sale; and 10
(b) when the service is supplied, there is a written 11
agreement in force between the parties for the payment 12
of the fee by the tenant to the lessor for the service. 13
(3) The lessor or lessor's agent must not require the tenant to pay, 14
or accept from the tenant, a fee for the sale or attempted sale 15
of a caravan on the premises in contravention of subsection 16
(2). 17
Maximum penalty--20 penalty units. 18
(4) Subsections (2) and (3) do not prevent the lessor or lessor's 19
agent charging, in addition to the prescribed fee under 20
subsection (2), an amount for GST payable for the supply of 21
the service in the sale or attempted sale. 22
Division 2 Transfer by lessor 23
242 Transfer by lessor 24
(1) The lessor must-- 25
(a) if the lessor proposes to transfer the lessor's interest in 26
the premises to another person (the buyer)--give written 27
notice of the tenancy to the buyer; and 28
Page 160
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 7 Change of lessor or tenant
[s 243]
(b) if the lessor transfers the interest subject to the 1
tenancy--give written notice of the transfer (the 2
attornment notice) to the tenant. 3
(2) The attornment notice operates as an attornment as tenant to 4
the buyer by the tenant at the rent, and on the other terms of 5
the agreement applying when the notice is given, but only if 6
the notice-- 7
(a) states the buyer's name and address; and 8
(b) directs the tenant to make all future payments of rent to 9
the buyer. 10
Note-- 11
An attornment is an acknowledgement of the tenancy relationship 12
between the tenant and new lessor. 13
(3) However, if an amount for rent is unpaid when the attornment 14
notice is given, the amount may be recovered by the former 15
lessor as a debt owing to the former lessor by the tenant. 16
(4) Subsection (1)(a) applies whether the transfer is proposed to 17
be made with vacant possession or subject to the tenancy. 18
Division 3 Replacement of tenant 19
243 End of tenant's occupation 20
(1) This section applies if-- 21
(a) a person who is not the tenant under an agreement is 22
occupying the premises; and 23
(b) the tenant dies or otherwise ceases to occupy the 24
premises; and 25
(c) the lessor is not the State. 26
(2) The person may apply to a tribunal for the following orders-- 27
(a) an order to be recognised as the tenant under the 28
agreement; 29
Page 161
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 7 Change of lessor or tenant
[s 244]
(b) an order to be joined as a party to a proceeding before 1
the tribunal about the premises. 2
(3) The application may be made-- 3
(a) when making another application to, or in a proceeding 4
before, the tribunal; or 5
(b) independently of another application or proceeding. 6
(4) In deciding the application, the tribunal may make the 7
following orders-- 8
(a) an order recognising the person as the tenant under the 9
agreement; 10
(b) an order joining the person as a party to a proceeding 11
before the tribunal. 12
(5) If the tribunal makes an order under subsection (4)(a), it may 13
make any other order it considers appropriate. 14
Examples of orders under subsection (5)-- 15
an order about the application of the terms of the agreement, or other 16
terms, to the person as tenant 17
(6) A person in whose favour an order is made under subsection 18
(4)(a) is taken to be the tenant under the agreement on the 19
terms the tribunal orders. 20
(7) The tribunal may not make an order under this section without 21
giving the lessor an opportunity to be heard on the 22
application. 23
244 Death of a cotenant 24
(1) This section applies if-- 25
(a) there are cotenants under an agreement; and 26
(b) the cotenants are not stated under the agreement to be 27
joint tenants; and 28
(c) 1 of the cotenants dies. 29
(2) On the deceased's death-- 30
Page 162
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 7 Change of lessor or tenant
[s 245]
(a) the deceased's interest in the tenancy ends; and 1
(b) the agreement continues in force with the parties to the 2
agreement being the lessor and the other cotenant or 3
cotenants. 4
(3) Subsection (2) does not affect, as between the deceased and 5
the other cotenant or cotenants, any right (including, in 6
particular, a right relating to a rental bond) or liability of the 7
deceased existing immediately before the deceased's death. 8
245 Injury to domestic associate 9
(1) This section applies to-- 10
(a) the domestic associate of the tenant occupying the 11
premises with the tenant; and 12
(b) a cotenant whose domestic associate is the other, or 13
another, cotenant. 14
(2) The person may apply to a tribunal for an order to be 15
recognised as the tenant, or a cotenant, under the agreement 16
instead of the person's domestic associate because the 17
person's domestic associate has committed an act of domestic 18
violence against the person. 19
(3) The tribunal may make the order if it is satisfied the person 20
has established the ground of the application. 21
(4) In deciding the application, the tribunal must have regard to 22
the following issues (the domestic violence issues)-- 23
(a) whether the person has applied for a protection order 24
against the person's domestic associate; 25
(b) if an application was made--whether a domestic 26
violence order was made and, if made, whether it is in 27
force; 28
(c) if a domestic violence order has been made--whether a 29
condition was imposed prohibiting the person's 30
domestic associate from entering, or remaining, on the 31
premises. 32
Page 163
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 7 Change of lessor or tenant
[s 246]
(5) Subsection (4) does not limit the issues to which the tribunal 1
may have regard. 2
(6) If the tribunal makes the order, it may make any other order it 3
considers appropriate. 4
Examples of orders tribunal may make-- 5
1 an order about the application of the terms of the agreement, or 6
other terms, to the person as tenant, or as a cotenant 7
2 an order about any rental bond paid by the person's domestic 8
associate 9
(7) A person in whose favour an order is made under subsection 10
(3) is taken to be the tenant, or a cotenant, under the 11
agreement on the terms the tribunal orders. 12
(8) The tribunal may not make an order under subsection (3) 13
without giving the lessor an opportunity to be heard on the 14
application. 15
(9) In this section-- 16
domestic associate means a person in any of the following 17
relationships-- 18
(a) a spousal relationship; 19
(b) an intimate personal relationship; 20
(c) a family relationship; 21
(d) an informal care relationship. 22
(10) A term used in subsection (9)(a) to (d) has the same meaning 23
as in the Domestic and Family Violence Protection Act 1989 24
and a reference in that Act to a court deciding whether a 25
relationship exists includes a reference to the tribunal 26
deciding that issue for this section. 27
246 Injury or damage affecting occupants 28
(1) This section applies to a person (the occupant) who is an 29
occupant of premises and who is not the tenant or a cotenant. 30
Page 164
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 3 Rights and obligations of parties for residential tenancies
Part 7 Change of lessor or tenant
[s 246]
(2) The occupant may apply to a tribunal for an order to be 1
recognised as the tenant, or a cotenant, under the agreement 2
instead of the tenant, or a cotenant, because the tenant or 3
cotenant has intentionally or recklessly caused, or is likely to 4
intentionally or recklessly cause-- 5
(a) serious damage to the premises; or 6
(b) injury to-- 7
(i) the occupant; or 8
(ii) someone else occupying, or allowed on, the 9
premises. 10
(3) The tribunal may make the order if it is satisfied the occupant 11
has established the ground of the application. 12
(4) If the tribunal makes the order, it may make any other order it 13
considers appropriate. 14
Examples of orders tribunal may make-- 15
1 an order about the application of the terms of the agreement, or 16
other terms, to the occupant as tenant, or as a cotenant 17
2 an order about any rental bond paid for the agreement 18
(5) A person in whose favour an order is made under subsection 19
(3) is taken to be the tenant, or a cotenant, under the 20
agreement on the terms the tribunal orders. 21
(6) The tribunal may not make an order under subsection (3) 22
without giving the lessor an opportunity to be heard on the 23
application. 24
Page 165
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 4 Rights and obligations of parties for rooming accommodation
Part 1 Rights and obligations generally
[s 247]
Chapter 4 Rights and obligations of 1
parties for rooming 2
accommodation 3
Part 1 Rights and obligations 4
generally 5
247 Provider's obligations generally 6
(1) The provider for rooming accommodation has the following 7
obligations in relation to each resident in the rental 8
premises-- 9
(a) to ensure the provider is not in breach of a law dealing 10
with issues about the health or safety of persons using or 11
entering the resident's room or common areas; 12
(b) to take reasonable steps to ensure the resident-- 13
(i) always has access to the resident's room and to 14
bathroom and toilet facilities; and 15
(ii) has reasonable access to any other common areas; 16
(c) to take reasonable steps to ensure the security of the 17
resident's room and the resident's personal property in 18
the room; 19
(d) to maintain the resident's room and common areas in a 20
way that the room and areas remain fit for the resident to 21
live in; 22
(e) to take reasonable steps to ensure the resident's room 23
and common areas and facilities provided in the room 24
and areas-- 25
(i) are kept safe and in good repair; and 26
(ii) subject to any agreement with the resident about 27
cleaning the resident's room or common areas or 28
facilities--are kept clean; 29
Page 166
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 4 Rights and obligations of parties for rooming accommodation
Part 1 Rights and obligations generally
[s 248]
(f) not to unreasonably restrict the resident's guests in 1
visiting the resident; 2
(g) to ensure that the times during which the provider, or an 3
agent of the provider, is available to be contacted by the 4
resident are reasonable, having regard to all the 5
circumstances including the services being provided to 6
the resident under the rooming accommodation 7
agreement. 8
Editor's note-- 9
Under section 72, these and other obligations under this part are 10
taken to be included as terms of the rooming accommodation 11
agreement. 12
(2) For subsection (1)(e)(ii), an agreement about cleaning 13
common areas may be made only for a common area used by 14
the resident and a minority of other residents of the provider. 15
Example for subsection (2)-- 16
Four residents have individual rooms opening out onto a living area 17
which is available for use only by those residents. The provider and the 18
4 residents may agree that the cleaning of the living area is to be done by 19
the 4 residents. 20
248 Provider's or agent's name and other details 21
(1) On or before the day the resident starts occupying the 22
premises, the provider or provider's agent must give a written 23
notice to the resident stating-- 24
(a) the provider's name and address for service; and 25
(b) if the provider has an agent who is authorised to stand in 26
the provider's place in a proceeding prescribed under a 27
regulation (the prescribed proceeding)--the agent's 28
name and address for service. 29
Maximum penalty--20 penalty units. 30
(2) If a detail mentioned in the notice changes, the provider or 31
provider's agent must give written notice of the change to the 32
resident within 14 days after the change. 33
Page 167
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 4 Rights and obligations of parties for rooming accommodation
Part 1 Rights and obligations generally
[s 249]
Maximum penalty--20 penalty units. 1
(3) If details of the agent mentioned in subsection (1)(b) are given 2
to the resident under this section, the agent stands in the 3
provider's place for a prescribed proceeding and, for 4
example-- 5
(a) the proceeding may be taken against the agent as if the 6
agent were the provider; and 7
(b) a tribunal may make an order against the agent as if the 8
agent were the provider; and 9
(c) settlement may be made with the agent as if the agent 10
were the provider. 11
(4) In this section-- 12
address for service means-- 13
(a) for an individual--the individual's place of residence or 14
place of business; or 15
(b) for a body corporate--the body corporate's registered 16
office or place of business. 17
249 Quiet enjoyment 18
(1) The provider must take reasonable steps to ensure the resident 19
has quiet enjoyment of the resident's room and common 20
areas. 21
(2) The provider or provider's agent must not interfere with the 22
reasonable peace, comfort or privacy of the resident in using 23
the resident's room and common areas. 24
Maximum penalty for subsection (2)--20 penalty units. 25
250 Supply of locks and keys 26
(1) The provider must supply and maintain the locks that are 27
necessary to ensure the resident's room is reasonably secure. 28
Page 168
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 4 Rights and obligations of parties for rooming accommodation
Part 1 Rights and obligations generally
[s 251]
(2) The provider must give the resident a key for each lock that 1
secures entry to the following-- 2
(a) the resident's room; 3
(b) a building or building within which the resident's room 4
and common areas are situated. 5
(3) The resident must not make a copy of a key without the 6
provider's permission. 7
(4) The resident must not tamper with a door lock in the premises. 8
(5) In this section-- 9
resident means a person named in a rooming accommodation 10
agreement as a resident. 11
251 Changing locks 12
(1) The resident may request the provider to change or repair a 13
lock that secures entry to the resident's room if the resident 14
reasonably believes there is the likelihood of-- 15
(a) risk to the resident's safety; or 16
(b) theft of, or damage to, the tenant's belongings. 17
(2) The provider must not act unreasonably in failing to agree to 18
change or repair the lock. 19
252 Application to tribunal about lock or key 20
(1) A provider or resident may apply to the tribunal for an order 21
relating to a lock or key mentioned in section 250. 22
(2) The tribunal may make any of the following orders-- 23
(a) an order requiring the provider to supply a lock, or a 24
lock of a particular kind; 25
(b) an order requiring the provider to carry out stated 26
maintenance of a lock; 27
(c) an order authorising the provider or resident to change a 28
lock; 29
Page 169
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 4 Rights and obligations of parties for rooming accommodation
Part 1 Rights and obligations generally
[s 253]
(d) an order that the provider or resident is not required to 1
give to the other party a key to a lock; 2
(e) an order requiring the provider or resident to give to the 3
other party a key to a lock. 4
(3) In making an order mentioned in subsection (2)(a) or (c), the 5
tribunal may have regard to the following-- 6
(a) the likelihood of risk to the resident's personal safety or 7
theft of, or damage to, the resident's belongings; 8
(b) the requirements of insurance companies for allowing 9
the resident to obtain insurance for property of the 10
resident kept at the premises; 11
(c) the likelihood of break-ins or other unlawful entry to the 12
premises or nearby premises; 13
(d) local community standards about adequate security for 14
premises; 15
(e) the physical characteristics of the premises and 16
adjoining areas; 17
(f) anything else the tribunal considers relevant. 18
253 Resident's obligations generally 19
A resident in rental premises has the following obligations-- 20
(a) to use the resident's room and common areas only or 21
mainly as a place of residence; 22
(b) not to use the resident's room or common areas for an 23
illegal purpose; 24
(c) not to interfere with, and to ensure the resident's guests 25
do not interfere with, the reasonable peace, comfort or 26
privacy of another resident or another resident's 27
appropriate use of the other resident's room or common 28
areas; 29
(d) to pay the rent when it falls due; 30
Page 170
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 4 Rights and obligations of parties for rooming accommodation
Part 1 Rights and obligations generally
[s 254]
(e) not to keep an animal on the rental premises without the 1
provider's permission; 2
(f) not to intentionally or recklessly damage or destroy, or 3
allow the resident's guests to intentionally or recklessly 4
damage or destroy, any part of the rental premises or a 5
facility in the rental premises; 6
(g) to keep the resident's room and inclusions clean, having 7
regard to their condition at the start of the tenancy; 8
(h) to maintain the resident's room in a condition that does 9
not give rise to a fire or health hazard; 10
Examples of fire hazard-- 11
1 allowing newspapers to build up in the resident's room 12
2 blocking access to the resident's room 13
(i) at the end of the rooming accommodation agreement, to 14
leave the resident's room and inclusions, as far as 15
possible, in the same condition they were in at the start 16
of the agreement, fair wear and tear excepted. 17
Editor's note-- 18
Under section 72, these and other obligations under this part are 19
taken to be included as terms of the rooming accommodation 20
agreement. 21
254 Attaching fixtures and making structural changes 22
The resident may attach a fixture, or make a structural change, 23
to rental premises only if the provider agrees to the fixture's 24
attachment or structural change. 25
255 Agreement about fixtures and structural changes 26
(1) The provider's agreement to the attaching of a fixture. or 27
making of a structural change, must-- 28
(a) be in writing; and 29
(b) describe the nature of the fixture or change; and 30
Page 171
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 4 Rights and obligations of parties for rooming accommodation
Part 1 Rights and obligations generally
[s 256]
(c) include any terms of the agreement. 1
(2) For an agreement about attaching a fixture to rental premises, 2
the terms may include terms about-- 3
(a) whether the resident may remove the fixture; and 4
(b) if removal by the resident is allowed-- 5
(i) when and how the removal may be performed; and 6
(ii) the obligation of the resident to repair any damage 7
caused to the rental premises in the removal or 8
compensate the provider for the provider's 9
reasonable costs of repairing the damage; and 10
(c) if removal by the resident is not allowed--the obligation 11
of the provider to compensate the resident for any 12
improvement the fixture makes to the rental premises. 13
(3) The provider must not act unreasonably in failing to agree to 14
the attaching of a fixture, or the making of a structural change, 15
to the rental premises. 16
(4) If the provider agrees to a fixture being attached, or a 17
structural change being made, to the rental premises by the 18
resident, the resident must not contravene a term of the 19
agreement. 20
256 Attaching fixture or making structural change without 21
provider's agreement 22
(1) If the resident attaches a fixture, or makes a structural change, 23
to the rental premises without the provider's agreement, the 24
provider may-- 25
(a) waive the breach; and 26
(b) treat the fixture or change as an improvement to the 27
rental premises for the providers's benefit. 28
(2) The provider may take the action under subsection (1) instead 29
of taking action for a breach of a term of the rooming 30
accommodation agreement by the resident. 31
Page 172
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 4 Rights and obligations of parties for rooming accommodation
Part 2 Entry to residents' rooms
[s 257]
Part 2 Entry to residents' rooms 1
257 Entry with resident's agreement 2
(1) The provider may enter the resident's room, for any reason, if 3
the resident agrees. 4
Examples of resident's agreement to entry-- 5
1 The provider orally asks to enter the resident's room and the 6
resident orally agrees. 7
2 The rooming accommodation agreement states times at which the 8
provider may enter the room each week to carry out cleaning. 9
(2) If the provider has agreed to provide a service other than 10
accommodation to the resident, the provider may enter the 11
resident's room at the times that are reasonably necessary to 12
provide the service. 13
258 Entry to carry out inspection 14
(1) The provider may enter the resident's room, at a reasonable 15
time, to inspect the room. 16
(2) The provider must give a written notice of the proposed entry 17
to the resident at least 48 hours before the entry. 18
(3) An entry may not be made under this section more than once 19
each month. 20
259 Entry after giving notice 21
(1) The provider may enter the resident's room, at a reasonable 22
time-- 23
(a) to clean the room; or 24
(b) to carry out pest control in the room; or 25
(c) to make routine repairs to, or carry out maintenance of, 26
the room or another part of the rental premises; or 27
(d) to show the room to a prospective buyer or resident; or 28
Page 173
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 4 Rights and obligations of parties for rooming accommodation
Part 2 Entry to residents' rooms
[s 260]
(e) to allow a valuation of the rental premises to be carried 1
out. 2
(2) The provider must give a written notice of the proposed entry 3
to the resident at least 24 hours before the entry. 4
(3) Subsection (4) applies to an entry by the provider or the 5
provider's agent (the selling agent) to show the room to a 6
prospective buyer, if the selling agent is not the agent to whom 7
the resident normally pays the rent. 8
(4) The provider or selling agent must also give a written notice 9
of the proposed entry to the agent to whom the resident 10
normally pays the rent at least 24 hours before the entry. 11
(5) A notice under subsection (2)-- 12
(a) may relate to more than 1 proposed entry to a room; and 13
(b) may relate to entry to more than 1 room; and 14
(c) if it relates to entry to more than 1 room--may be given 15
by posting it, at least 24 hours before the entry, or first 16
entry, to which it relates, on a notice board or other 17
place in the rental premises where it is likely to be seen 18
by the residents to whom it is given. 19
Example for subsection (5)-- 20
The provider may post a notice stating the times at which entry is 21
proposed to be made each week to residents' rooms to clean the rooms. 22
260 Entry without notice 23
The provider may enter the resident's room without notice-- 24
(a) in an emergency; or 25
(b) if the provider reasonably believes the room has been 26
abandoned; or 27
Editor's note-- 28
See section 509 (Indications a resident has abandoned a room). 29
(c) to carry out urgent repairs to the rental premises or a 30
facility in the rental premises. 31
Page 174
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 4 Rights and obligations of parties for rooming accommodation
Part 2 Entry to residents' rooms
[s 261]
Examples for paragraph (c)-- 1
1 To repair a facility for providing gas, electricity or water. 2
2 To carry out repairs to prevent imminent flooding or water 3
damage. 4
3 To make emergency repairs to the roof of the rental 5
premises. 6
4 To repair a fault or damage that makes the rental premises 7
unsafe or insecure or is likely to unreasonably disrupt a 8
resident's appropriate use of the premises. 9
261 General qualifications about entry 10
(1) Immediately before entering the resident's room, the provider 11
must tell the resident about the proposed entry, unless the 12
resident is not in or near the room at the time. 13
(2) After entering the resident's room, the provider-- 14
(a) must preserve, as far as practicable, the resident's 15
privacy; and 16
(b) must not remain in the room for longer than is 17
reasonably necessary to carry out the purpose of the 18
entry. 19
262 Entry by provider's agent or other person 20
(1) A reference in sections 257, 258, 259(1), (2) and (3), 260 and 21
261 to the provider includes an agent of the provider. 22
(2) However, if-- 23
(a) an agent of the provider proposes to enter or remain in 24
the resident's room under this part; and 25
(b) the agent is not accompanied by the provider; and 26
(c) the agent is not a person to whom the resident normally 27
pays the rent; and 28
(d) the resident asks for written evidence of the agent's 29
appointment; 30
Page 175
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 4 Rights and obligations of parties for rooming accommodation
Part 2 Entry to residents' rooms
[s 263]
the agent must not enter or remain in the room without 1
producing the evidence. 2
(3) The provider may enter the resident's room under this part 3
with someone else as far as is necessary to achieve the 4
purpose of the entry. 5
263 Rules of entry 6
The rights and obligations under sections 257 to 262 about the 7
entry to the resident's room are called the rules of entry. 8
264 Entry by provider or provider's agent under order of 9
tribunal 10
(1) This section applies if, on an application made to a tribunal by 11
the provider or resident, the tribunal is satisfied-- 12
(a) the resident has not allowed the provider or provider's 13
agent to enter the resident's room under the rules of 14
entry; or 15
(b) the provider or agent has entered the resident's room in 16
contravention of the rules of entry; or 17
(c) the provider or agent has entered the resident's room in a 18
way, or at a time, that interferes with the reasonable 19
peace, comfort or privacy of the resident in using the 20
resident's room. 21
(2) The tribunal may change the rules of entry in the way it 22
considers appropriate. 23
(3) If the tribunal changes the rules on the ground mentioned in 24
subsection (1)(a), the provider or agent may enter the 25
resident's room under the rules of entry or the rules of entry as 26
changed. 27
(4) If the tribunal makes an order on the ground mentioned in 28
subsection (1)(b) or (c), the provider or agent may enter the 29
resident's room only under the rules as changed. 30
Page 176
Residential Tenancies and Rooming Accommodation Bill 2008
Chapter 4 Rights and obligations of parties for rooming accommodation
Part 3 House rules
[s 265]
(5) An application under this section may be made by 2 or more 1
residents if the application relates to the same or a similar 2